Means of protecting whistleblowers from risks in Iraqi and Egyptian law

Abstract

This research aims to identify the means of protecting whistleblowers from risks under Iraqi and Egyptian law, and to analyze the legal and procedural safeguards established to protect whistleblowers from various forms of retaliation and harm they may face as a result of reporting corruption crimes. A comparative study is conducted to reveal the points of agreement and difference between the two legal systems, ultimately leading to the proposal of legislative and procedural solutions that contribute to developing the protection system and enhancing its effectiveness. The importance of this research stems from the increasing significance of whistleblower protection as a fundamental pillar in combating corruption and establishing the principles of integrity, transparency, and the rule of law. Furthermore, it contributes to encouraging individuals to report crimes and violations without fear of retaliation or harm to their legal, professional, or social standing. This research employed a descriptive-analytical approach to examine the legal texts regulating whistleblower protection in Iraqi and Egyptian legislation, analyzing their provisions. It also utilized a comparative approach to highlight similarities and differences between the two systems. The research concluded that both legislations uphold the principle of whistleblower protection and maintaining the confidentiality of whistleblower identities. However, Iraqi law is distinguished by its more detailed and effective legal framework compared to the Egyptian draft. Both systems, however, still exhibit shortcomings, particularly in the areas of compensation, psychological and social support, the establishment of an independent fund for whistleblower compensation, and the standardization of protection mechanisms. This necessitates the development of national legislation to align with international standards and ensure comprehensive and effective legal and procedural protection that encourages reporting of corruption crimes and contributes to strengthening public trust in the justice system. The research also demonstrated that the effectiveness of whistleblower protection depends not only on the enactment of legal texts but also on the existence of specialized institutional mechanisms capable of implementing such protection swiftly and effectively. Furthermore, the importance of enhancing coordination between the authorities responsible for receiving and investigating reports and those responsible for providing protection to whistleblowers is emphasized.