Switzerland must better protect whistleblowers, says OECD

Corruption: Switzerland must provide better protection for whistleblowers Keystone-SDA

Switzerland must step up its anti-corruption efforts and provide better protection for whistleblowers, while increasing fines for guilty firms, an OECD anti-bribery group says.

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“We are here because (these) two long-standing recommendations, dating back 20 years, have still not been implemented by Switzerland. Yet these are crucial to the successful fight against corruption,” Kathleen Roussel, chair of the OECD Working Group on Bribery, told reporters on Tuesday after a visit to Bern.

The Organisation for Economic Co-operation and Development (OECD) reaffirms what the Swiss Federal Audit Office said in an audit published last April.

The OECD says it recognises Switzerland’s active role in prosecuting cases of foreign bribery, thanks in particular to the commitment of the Swiss Federal Prosecution Service (MPC) and the cantonal authorities. But it underlines the importance of Switzerland adopting these two essential legislative reforms. These are “problems that persist”, said Roussel.

Fines too low

The aim is to put in place a legal framework for the protection of whistleblowers in the private sector and to raise the ceiling for fines applicable to companies found guilty of bribery of foreign public officials. The current limit of CHF5 million is “not a deterrent at all”, said Roussel. She gave the example of her own country, Canada, which does not have a maximum.

As for the protection of whistleblowers, it is not enough to multiply regulations at company level. This is no substitute for a legislative framework that ensures common basic protection. Such a gap makes Switzerland an anomaly at European level, said Roussel.

Welcoming the “constructive discussions”, the State Secretariat for Economic Affairs (SECO) noted in a press release that “these discussions have made it possible to identify ways of meeting the expectations of the working group”. SECO reaffirmed the commitment of the Swiss authorities to continuing the fight against corruption, in particular within the framework of the OECD Anti-Bribery Convention, to which Switzerland has been a party since 2000.

A new version of the federal anti-corruption strategy is being prepared for the 2025-2028 period. “It is currently being finalised,” Alexandra Baumann, head of the interdepartmental working group for the fight against corruption (GTID), told the press. She added that it would be dealt with by the Federal Council after the summer recess.

‘Unclear’ strategy

GTID, chaired by foreign ministry, is drawing up the strategy. However, in its audit last April, the Swiss Federal Audit Office noted that, despite clearly defined visions and objectives, the aim of the strategy “remains unclear and its ambition is timid”.

In particular, it felt that closer collaboration between GTID and other interdepartmental bodies active in this area would result in greater efficiency. The SFAO stressed that the fight against corruption needed to be steered and coordinated on a unified basis across the federal government. This recommendation was rejected by the Federal Council.

The GTID still lacks any real power to act, says the SFAO: “It has no right to issue instructions to compel the administrative units concerned to apply certain measures. Under these conditions, it is difficult to achieve the objectives set.” What’s more, the SFAO wrote that the effects of its mission to raise awareness of the issue outside the federal administration were hardly noticeable.

Translated from French by DeepL/sb

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