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Protection of whistle blowers emphasised
2006-08-27 10:10:54
By Correspondent Nasser Kigwangallah
A call has been made to accord legal protection for people who volunteer information on criminals and those who testify in judicial proceedings so that criminal and corrupt offences can be prosecuted.
Speaking at a one-day Legislation on Whistle Blowers and Witnesses in Tanzania Stakeholders Workshop held in Dar es Salaam during the week, Reverend Christopher Mtikila, the Democratic Party Chairman, said protection of whistle blowers and witnesses should be made mandatory to rid the country of corrupt practices.
He said it is the duty of the state not only to enact effective and efficient laws against crimes, but also to strictly enforce those laws.
’’The enforcement of these laws by the law enforcing agencies can only be achieved if the people are educated and involved the drafting process,’’ he stressed.
He said those who support the law enforcement agencies to pursue their noble obligations need legal protection against any victimization, intimidation or threat whatsoever.
The politician-cum-clergyman argued that there was no need of having many laws that do not make the offenders pay for their offences, but is also an expression of public disgust and revulsion.
Worse, Mtikila noted, even the Prevention of Corruption Act Cap.329 (R.E.2002) of the laws of Tanzania does not contain any provision for special protection to the volunteers cited earlier.
Harold Sungusia, a Senior Advocacy Officer at the Legal and Human Rights Centre (LHRC), said the main focus of whistle blowers and witness protection is to propagate good governance and the rule of law, in particular exposing corruption and unethical behaviour among the civil servants.
He said without such legal protection, individuals hesitate to come forward and speak out or blow their whistles on corruption and other vices that they witness routinely.
Sungusia said the absence of a specific legislation on protection of wistle blowers and witnesses in the country has made the war on corruption very difficult.
Edson Makallo, Principal Investigation Officer of Prevention of Corruption Bureau (PCB) said as a law enforcement agency, they have been experiencing several instances whereby whistle blowers and witnesses for corruption cases fall victims of the information or testimonies given relating to the commission of offences by suspects or offenders.
He said some have suffered damage or loss for being dismissed from their jobs, unlawfully convicted and imprisoned.
According to him, others have been harassed and called bad names as being PCB insiders or agents.
’’Enactment of a comprehensive legislation which should contain special provisions to protect whistle blowers and witnesses is vital,’’ he stressed.
He added that this would inspire many people to come forward and volunteer substantial information to the law enforcement
agencies regarding corruption.
Makallo suggested that the laws must criminalise acts of victimisation and impose stern punishment attached with exemplary compensation from the offender.
There should be a coalition among law enforcement agencies to exchange and take immediate action of information relating to acts of victimisation, he said.
He said a whistle blower and witness should be protected in the sense that he/she will incur no liability as a result of a disclosure to law enforcement agency in respect of an act of crime which might have occurred.
Thomas Devine, Legal Director of the US-based Government Accountability Project (GAP), said his organisation would advocate strongly so that legislation on whistle blowers and witnesses was enacted in Tanzania.
He said his organisation, which was founded since 1977, has helped over 2,000 whistle blowers by directly representing them and investigating their charges.
’’We have led the campaigns for passage of nearly all whistle blowers laws in the United States,’’ he stressed.
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