The Flemish government has decided to enhance the protection and support for whistleblowers, approving a vision paper on Friday by Minister of Public Administration Hilde Crevits (CD&V).
Minister Crevits proposes appointing the Flemish Ombudsman Service as the central support entity. She also aims to simplify the reporting process and introduce criminal penalties for those who pressure or harm whistleblowers.
“Whistleblowers play a crucial role in our society. Their reports expose fraud, violations, corruption, and other serious issues. Our Flemish government and local administrations benefit from a strong whistleblower policy, ensuring illegal actions are quickly uncovered while adequately protecting the informant,” Minister Crevits stated in a press release. The current policy requires updates and improvements.
The European whistleblower directive mandates that member states provide neutral support, independent information on rights, protection against retaliation, and legal assistance. In Flanders, this requirement is yet to be fulfilled. Audit Flanders currently handles both the analysis of reports and whistleblower support. Crevits aims to designate the Flemish Ombudsman Service as the sole, central support service for employees of both the Flemish government and local administrations.
Reporters will have complete freedom to choose internal or external reporting, with external reports always handled through Audit Flanders. Anonymity will remain assured, Crevits emphasised.
Given that reports do not consistently follow the correct channels or processes, confusion may arise about the start or existence of protection. Crevits wants to ensure that reports to the wrong contact still provide protection and plans to revise the formal procedure to ensure clearer protection guarantees.
Finally, the minister is considering incorporating criminal penalties in the Administrative Decree for those who harm or pressure whistleblowers. Currently, only administrative or disciplinary sanctions are possible, but these have not been practically applied.
Since the whistleblower policy’s inception in 2022, 156 reports have been filed. Twelve reports led to the initiation of forensic audits, and 15 resulted in letters sent to the relevant entities.
