ضمانات المبلغين عن الفساد في التشريع الليبي

Abstract

The study aimed to identify the protections for whistleblowers in Libyan Legislation by examining the international and national legal foundations of these protections, the nature of the risks and challenges faced by whistleblowers in Libya, the adequacy of Libyan legislative texts in providing protection compared to international standards, ways to develop a comprehensive national system that ensures legal and security protection for whistleblowers and provides them with necessary incentives, and finally, the role of the social, political, and security environment in enhancing or weakening the effectiveness of these protections. The descriptive method was adopted due to its suitability for the study’s objectives. The study reached the following findings: -The international and national legal foundations guarantee the protection of whistleblowers against corruption through legislation and standards that ensure legal security and strengthen their role in combating corruption. -The nature of the risks and challenges faced by whistleblowers in Libyan society includes exposure to professional retaliation or social exclusion, in addition to direct security threats due to weak legal and institutional protection, as well as pressure from the social and cultural environment that may view reporting as betrayal or stigma, making the whistleblower vulnerable to isolation and loss of trust, alongside the absence of a comprehensive system providing psychological and legal support. -Libyan legislative texts remain limited and incomplete in ensuring effective protection for whistleblowers against corruption, lacking clear implementation and oversight mechanisms, and compared to international standards, there is a clear deficiency in the legal, security, and institutional aspects that ensure comprehensive protection. -A comprehensive national system to protect whistleblowers can be developed through enacting clear legislation that guarantees legal protection and imposes penalties for any retaliation, establishing security and institutional mechanisms to monitor the implementation of such protection, providing secure reporting channels with confidentiality, offering material and moral incentives to encourage reporting, alongside awareness and training programs to strengthen a culture of integrity and transparency in society. -The social, political, and security environment plays a crucial role in the effectiveness of whistleblower protections, enhancing them when transparency and accountability are supported, while weakening them in the presence of corruption, institutional weakness, or retaliatory practices that threaten the whistleblower’s safety.