Greater protection for whistle-blowers in the Brussels Region

On 27 April 2023, the Brussels legislator amended the Ombuds Brussels founding text. The amendment to the text provides for a clear mechanism to report breaches of professional integrity, such as instances of abuse or fraud within the administrations. At that, it reinforces the protection of whistle-blowers and the role of Ombuds Brussels in implementing that protection.

An “internal channel” to report incidents of abuse or fraud

In accordance with the European Whistle-blower Protection Directive, the text provides that each organisation in the Brussels public service must put an “internal channel” in place to allow members of staff to report any breaches of professional integrity they have been witness to. That mechanism is supplemented with an “external” channel, i.e. Ombuds Brussels. People who do not want to go through the internal channel for fear of reprisals are welcome to contact Ombuds Brussels directly.

• Check out the secure Ombuds Brussels reporting portal

Prohibition against reprisals

The Ombuds Brussels founding text (DOC dd. 16 May 2019 on the Brussels Ombudsman) assigned the role of protecting whistle-blowers against disclosure-related reprisals to the institution. However, this mandate still had to be set out in detail. With this new text, the legislator explicitly confirmed that reprisals are prohibited and appointed Ombuds Brussels to see to it that whistle-blowers throughout the Brussels public service are afforded protection. In cases where someone makes a disclosure (in-house or to Ombuds Brussels) and ends up being subjected to reprisals as a result, he or she can contact Ombuds Brussels to have protection put in place.

Widened scope

The legislator extended the categories of persons who can report a breach of professional integrity. Aside from the current members of staff of a Brussels public sector organisation, former members of staff, interns, job applicants, subcontractors and suppliers, among others, can also report a breach of professional integrity.

Entry into force on 6 June 2023

The amendment to the joint decree and ordinance of 16 May 2019 on the Brussels Ombudsman came into force on 6 June 2023. It strengthens the reporting and whistle-blower protection mechanism within the Brussels Region and allows the Ombuds Brussels’ teams to fulfil their mandate more effectively: “ensuring good governance and safeguarding fundamental rights in the Brussels Region.”