2024 – Whistleblowing in Africa: A brief overview of legal frameworks in Madagascar, Mauritius, Senegal, Guinea, and Cameroon
Whistleblowing involves individuals reporting illegal, unethical, or unsafe activities within private or public organizations. Whistleblowers often expose actions that are illegal, immoral, fraudulent, or dangerous. This promotes transparency, accountability, and integrity in both organizations and society.
By using internal or external reporting channels, whistleblowers reveal misconduct while being protected from retaliation. These protections extend to shielding against harassment and discrimination.
In many countries, whistleblowing is key in addressing corruption, misconduct, and abuse of power. In Madagascar, Mauritius, Senegal, Guinea, and Cameroon, whistleblowing laws vary. Each country has distinct legal mechanisms designed to safeguard whistleblowers. These frameworks aim to protect those reporting wrongdoing and foster a culture of transparency and accountability.
Whistleblowing in Madagascar
In Madagascar, the Labour Code (Law No. 2024-014) requires employers to implement procedures that allow whistleblowers to report violence, harassment, or misconduct without fearing retaliation. This process aims to protect victims' physical and moral integrity.
In the criminal domain, individuals are obligated to report crimes or attempted crimes to relevant authorities. Failing to do so could result in legal consequences.
Regarding corruption, the Bureau Indépendant Anti-Corruption (BIANCO) offers the "i-toroka" platform, which allows for anonymous reporting of corruption. Misuse of whistleblower powers, such as making false reports, can result in imprisonment (6 months to 1 year) and fines ranging from approximately USD 25 to USD 250.
Whistleblowing in Mauritius
In Mauritius, whistleblowing is governed by the Prevention of Corruption Act 2002, which aims to tackle corruption across sectors. This law provides protections for whistleblowers, safeguarding them from retaliation.
A proposed Whistleblower’s Protection Act (introduced in 2022) seeks to enhance these protections, covering broader types of misconduct, including environmental violations. It also strengthens penalties for retaliation and provides confidential reporting channels.
While these channels exist, public awareness remains a challenge, potentially limiting the effectiveness of the whistleblowing mechanisms.
Whistleblowing in Senegal
In Senegal, whistleblowing is primarily facilitated by the National Office for the Fight against Fraud and Corruption (OFNAC), which receives reports of fraud and corruption in both the public and private sectors.
The Transparency Code of 2012 mandates that offenses related to public funds management must be reported, with penalties for failing to do so. The Senegalese Penal Code also imposes severe penalties for corruption involving public officials and private sector actors.
Senegal continues to work on strengthening legal protections for whistleblowers, which is vital for encouraging individuals to report misconduct without fear.
Whistleblowing in Guinea
In Guinea, whistleblowers are protected by laws ensuring their anonymity in cases involving corruption. For example, the investigating judge can protect the identity of whistleblowers in corruption cases, reducing the risk of retaliation.
The labour code protects individuals from sanctions, dismissals, or penalties when reporting sexual harassment at work. Any contrary actions are considered null and void.
The OHADA Uniform Act also requires auditors to report criminal activities encountered during their duties to the public prosecutor, without fear of legal consequences. However, whistleblowing must be done within legal boundaries to avoid slanderous accusations.
Whistleblowing in Cameroon
In Cameroon, whistleblowing faces challenges due to the lack of comprehensive legal protections. Although the African Charter on Human and Peoples' Rights (Article 9) supports freedom of speech, whistleblowers often face harassment, threats, or dismissals.
Recent high-profile cases, such as Paul Chouta’s defamation case in 2019 and death threats against whistleblower N’Zui Manto in 2024, highlight the risks involved.
Civil society organizations, such as Amnesty International, Transparency International-Cameroon, and the Commission Nationale Anti-Corruption (CONAC), play crucial roles in promoting whistleblower protections. CONAC, in particular, encourages whistleblowing through seminars and awareness-raising activities. Despite these efforts, Cameroon still lacks a dedicated whistleblower protection law, though discussions are underway to address this gap.