Whistleblowers in Malta are only protected if they report to formal whistleblowing units, rather than normal organisational communications of protected information, a new report has warned.

“While the legislation is sophisticated, it is like a train with all the bells and whistles but a defective, dangerous engine,” the report by civil society group Repubblika said.

The NGO is calling for a public consultation on the Whistleblower Protection Act as part of its proposals to improve the law.

The new private and public whistleblower units do not include any of the structural guarantees for independent channels free from conflict of interest with access to organizational leadership, it said.

Another proposal is for Malta to adopt “urgent amendments” to ensure a more robust whistleblower protection framework, one that provides legal safeguards for potential whistleblowers and witnesses.

The Repubblika report was written in collaboration with Whistleblowing International Network (WIN), a global civil society group that provides legal advice and practical support to whistleblowers and advocates the strengthening of whistleblower protection.

The Whistleblower Act came into force in September 2013. The concept behind the law is to provide procedures that protect persons who report abuse and wrongdoings at the workplace – in both public and private sectors.

In November 2021, the government extended whistleblower protection to those who help colleagues flag abuse. Past employees can also flag abuse at a place of work if they were duly registered with JobsPlus.

While Repubblika says Malta has improved its legal framework, it believes much more can be done to improve it and protect whistleblowers.

“The government seemingly ignored several key requirements of the EU Directive,” the report reads.

“And – most seriously – made no attempt to address the core issue and fundamental flaw at the heart of both the original legislation and the law now as it has been amended – the extent of the influence of government on whether a potential witness is granted whistleblower status.”

The report highlights that strong whistleblower protection is essential to fight corruption, ensure accountability and protect the rule of law and Repubblika wants discussions “right away” on how to improve the law.

The report calls for equal protection for members of the disciplinary forces (police, army) on the same terms as civil servants.

Whistleblower’s legal fees should be covered by the government and they should be entitled to compensation for costs they have suffered.

Another recommendation is to provide “independent” and “well-resourced” agencies that have no conflict of interest or means of interfering with evidence provided by the whistleblower.

Repubblika wants the government to draw up incentives to overcome the “manifest chilling effect” that prevents whistleblowers from coming forward and to recruit “civilians in a national effort to combat corruption and financial crime.”

“Malta also has a poor press freedom record and an element of that is the risk of whistleblowers when providing information to journalists that would expose wrongdoings,” the report reads.

“The weakness of the legislative framework, as well as a political and administrative culture which appears hostile to whistleblowers, risks contributing to a culture of impunity, which can be exploited by criminals,” the report states.

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