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New whistleblower protection legislation
On 20th November 2023, the Whistleblowers Protection Bill, 2023, was passed into law by the National Assembly. The Bill aimed “to deter and combat corruption and other improper conduct by encouraging and facilitating bona fide disclosures of such conduct and protecting the persons who make such disclosures.”
The Bill also defines a whistleblower as “any public officer who is personally aware of corrupt conduct or improper conduct and who intends or attempts to make, makes or has made, a disclosure of such conduct to a Disclosure Receiving Authority.” (Section 2).
The primary objective of this legislation is to provide these individuals with the necessary protection to report such activities without fear of reprisal, thereby fostering an environment of transparency and integrity in government operations. “The roots of the Whistleblowers Protection Bill, 2023, delve deep into the administration’s commitment by words and actions, to transparency, accountability and the continuous refinement of our good governance transformation legal framework. As a nation, we have made significant strides in bolstering our institutions, fortifying the foundations of justice and upholding the principle of good governance, ” said Garth Wilkin, Attorney-General and Minister of Justice and Legal Affairs.
According to the government, this new law is expected to significantly enhance the effectiveness of anti-corruption efforts in St. Kitts and Nevis. “By protecting whistleblowers, the Bill ensures that those with knowledge of corrupt or illegal activities can come forward without fear, thereby supporting the government's broader effort to rebuild public trust and confidence in its institutions.”
Freedom of Information Act amendment
On 11th December 2023, the Freedom of Information Amendment Act No. 4 of 2023 was officially published, despite amendments being made in February of the same year. This Act provides for “the disclosure of information held by public bodies or by those providing services for them, and for related purposes.” Initially approved in 2018, the Act aims to enhance transparency and openness within government institutions.
However, according to the Media Association of St. Kitts and Nevis, there has been a lack of information forthcoming from some government institutions, despite pledges from the government to be more open and transparent. This is a matter of concern, as the right to information is a fundamental human right that promotes accountability and good governance.
Revisions made to the Act in 2023 aim to address these concerns and strengthen the framework for information disclosure.