Defending whistlebowers as human rights defenders

“How do you protect a whistleblower in a violent state?” That was an intriguing question that had never existed at the level of one’s subconscious until Abdul Mahmud, ebullient human rights lawyer and prime interlocutor at a national conference in Abuja, delivered it straight from the shoulder before a perplexed audience. But as his eyes swept the hall for an answer, none came before the event ended.

The one-day conference was organized by African Centre for Media and Information Literacy (AFRICMIL), in collaboration with Amnesty International Nigeria, to explore the nexus between whistleblowing, corruption and human rights, and in doing so highlight the essence of whistleblowing as a conveyor belt of free speech and an affirmation of individual human dignity and moral worth that requires full protection from the state or other legitimate institutions.

Its theme, ‘Amplifying Whistleblowing to reduce Corruption and protect Human Rights,’ was painstakingly decided to assert the value of whistleblowers in exposing or preventing wrongdoing, and the necessity of standing up for them for largely playing the delicate role of human rights defenders who are in most cases victimized for performing what is clearly the citizenship duty of protecting the well-being of other citizens and the wider society.

Indeed, that whistleblowing is a fundamental human right is neither theoretical nor speculative. All applicable statutes from the domestic to the international are clear on this. And Maxwell Kadiri, senior legal officer at Open Society Justice Initiative (OSJI) and human rights advocate who was the keynote speaker, made the point succinctly in his refreshingly scholarly address by delving into the origin of whistleblowing and laying out all the laws proclaiming it as a human right that deserves protection.

For example, Section 39 of the Nigerian Constitution (1999) states: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart information without interference…” What this means is that whistleblowing, at first sight, comes under freedom to hold opinion and expression.

There is no doubt that this provision of the Nigerian constitution was borrowed from a range of preceding laws including Article 19 of the United Nations Universal Declaration of Human Rights (1948) to which Nigeria is a signatory, as well as Article 10 of the European Convention on Human Rights (1950), Article 13 of the American Convention on Human Rights (1969), and even Article 12 of the Universal Islamic Declaration of Human Rights (1981). All of this acknowledge freedom of expression but restrict the freedom to the notions of national security and public order.
However, worthy of note is that in exercising the right to hold opinion and express themselves by disclosing public interest illegalities or potential danger to competent authorities, whistleblowers are also helping – directly or indirectly – to protect the right being harmed by the wrongdoing they disclose. It isn’t for nothing, therefore, that some of the most prominent whistleblowing cases globally can be traced to whistleblowers who have reported wrongdoing that amounted to human rights abuse.

Just one example of such is Dr. Li Wenliang, the 34-year-old Chinese ophthalmologist who was the first to blow the whistle on the covid-19 virus and other issues related to the right to life and access to healthcare. And there are many more unsung heroes like Wenliang whose disclosures have uncovered corruption and its collateral human rights violations. Whistleblowers have largely served as human rights defenders when they expose threats to human rights that the public are not able to access.

In Nigeria, they have continued to be victims of relentless persecution simply for doing the right thing: exposing wrongdoing which serves public interest. This is one of the major reasons for the whistleblowing, corruption and human rights conference. Institutions and individuals perpetrating wrongdoing often find it difficult to admit their mistake. Instead of tackling the message, they shoot down the messenger. Not a day passes without a report of public sector workers at the federal and sub-national levels being censored or penalized for challenging authorities by reporting fraud, corruption, misconduct and other illegalities.

Although section 6 of Nigeria’s whistleblowing policy provides protection for whistleblowers on the receiving end of punishment for reporting wrongdoing, no whistleblower is known to have enjoyed any protection under this provision. This is because the oversight institutions are so weak that they are not able to assert themselves to implement this provision effectively. Rather than ensure honest implementation of the policy, these institutions are often found doing the bidding of the persons reported, not able to summon the courage to hold them to account for their wrongdoing and would perpetually ignore complaints of victimized whistleblowers.

At the conference, there were at least four whistleblowers with different stomach-churning tales of workplace oppression ranging from suspension, harassment, denial of salary and other benefits, punitive posting, abusive lawsuits, outright dismissal, and threat to life. At the risk of seeming immodest, it has to be stated that AFRICMIL is overwhelmed with demands for support from whistleblowers in this category.

In the face of these varied attacks, it is no surprise that citizens are showing next to no interest in engaging whistleblowing despite its famed rating as an extension of the right of freedom of expression that is linked to the principles of accountability and integrity. To prevent an individual from exercising this right is much more than a denial of fundamental human right; it is a violation of humanity.

But back again to Mahmud’s thought-provoking poser in a different rendition. How can a citizen who risks everything including life to express public interest concern either by speaking out or writing be shielded from retaliation in a ruthless society? The straight answer, for one, is that with the link between whistleblowing, corruption and public interest clearly established through the disclosure of large-scale corruption in high places and other illegalities in the workplace, it is the responsibility of the state to summon the will to protect citizens who face attacks for performing the legitimate duty of reporting wrongdoing.

Using Nigeria as a typical case, Section 15(5) of the Constitution (1999) mandates government (the state) “to abolish all corrupt practices and abuse of power.” If government complies with this provision in sincerity it will, explicitly or implicitly, be protecting whistleblowers from punishment for making disclosures on corrupt practices and human rights violations. Unfortunately, successive Nigerian governments over decades have refused to imbibe the firmness of purpose to keep faith with this provision, thus knowingly watering the seed of unabated shameless suppression of whistleblowers by powerful wrongdoers. The recent decision by George Akume, secretary to the government of the federation, to jail workers for exposing wrongful acts in their offices, have only worsened the situation and stands condemned.

In addition to strict adherence to its constitutional obligation of fighting corruption, the Nigerian government should quickly enact a comprehensive law that guarantees protection for whistleblowers as a way of encouraging and defending citizens who disclose illegalities in all forms. A bill on the subject is already lying on the desk of President Bola Tinubu. He shouldn’t waste more time before sending it to the parliament for the necessary attention. This is the expectation of participants at the conference. It’s now a matter of political will, and this government must act in the interest of fulfilling it.

Despite the repressive nature of the Nigerian society, whistleblowers will have a sense of protection if government shows seriousness in checkmating corruption by sticking to the role assigned to it in the constitution and putting in place a legal framework for protecting courageous citizens who report corruption.

Whistleblowing is about promoting the culture of truth, self-expression and democracy. Dr. Chido Onumah, coordinator of AFRICMIL and his counterpart at the Amnesty International Nigeria, Isa Sanusi, have agreed as much and stated their resolve to work together to preserve the freedom of expression rights of citizens as it relates to whistleblowing.

Onyeacholem is a journalist and speak-up culture advocate.