Does The UAE Encourage Whistleblowing?

Whistleblowing and the protection of whistleblowers' rights have become commonplace in many countries, although there is still work to be done on truly changing cultures. In the UAE, the idea of speaking-up is less well established, in large part due to the potential for retaliation due to the limited whistleblower protections available.

Whilst still a long way off being standard practice across the region, in November 2018 the Dubai International Financial Centre (DIFC) issued a law which makes it obligatory to disclose certain conduct, and offers protection to those that do so.

The DIFC Law No. 7 of 2018 states that an individual with a "reasonable suspicion" of a contravention to DIFC Law who discloses this in "good faith" will not be subject to:

Any legal or contractual liability Enforcement of a contractual, civil or other remedies; or Dismissal or other detrimental activity from their employer More than this, anyone who defies these protections may face a fine of up to $30,000 USD. The other Emirates have also taken steps to encourage whistleblowing such as the 'Inform the Prosecution' App in Abu Dhabi, which allows individuals to report wrongdoings and send photos of video of these taking place.

Given the relative recency of these developments, measuring their effectiveness is not yet feasible, but the message is clear, that a change in culture is coming.

What can organisations do to encourage whistleblowing?

Whilst the DIFC Law is a step in the right direction it is not clear exactly what the expectations are around reporting as terms such as "reasonable suspicion" and "good faith" are undefined. Additionally, this Law relates to contraventions of DIFC Law only meaning not all types of 'wongdoing' are covered.

It is also worth noting that the messaging around speaking-up, in both the Dubai and Abu Dhabi instances is very legalistic, rather than ethically motivated. In the DIFC there is a potential fine of up to $10,000 USD for someone who is found not to have blown the whistle when they 'should' have. The naming of the Abu Dhabi App 'Inform the Prosecution' also suggests that once the message is sent, it will be very hard to stop the legal process. This can all prove extremely daunting for many people seeking the courage to speak-up.

In the UK and many other countries, organisations take the lead and create a more ethically-focused approach within their own business. They tend to install whistleblowing hotlines, either internally...