Tuesday, December 27, 2022

Whistle-blowing Regional University Vice Chancellor Reinstated in Fiji

 Fijian media reported that Prime Minister Sitiveni Rabuka had moved quickly to ensure exiled whistle-blowing University of the South Pacific Vice Chancellor, Professor Pal Ahluwalia returned to Fiji and that the $90 million + University grant that was withheld (to pressure him to resign) will be reinstated.

Rabuka will apologise on behalf of the people of Fiji for the way Ahluwalia was treated. He noted that he had promised that his government would bring to an end the injustices suffered by Ahluwalia. He added that prohibition orders against Ahluwalia were unreasonable and inhumane and should never have been made. Rabuka observed that Ahluwalia was exiled by deportation after a dispute with the Fiji government (over his whistle-blowing), and it created a major crisis for the University. Transparency International noted that “Despite the recognition that whistle-blowers are crucial to society, the fight for their rights remains full of hurdles. But there are also wins to celebrate.” Ahluwalia’s re-instatement sends a clear message that whistle-blowers should feel free to report incidences of wrongdoing especially in Government funded entities.

Ahluwalia’s case is not an isolated one. It seems to be widespread and mirrors the toxic culture where whistle-blowers are persecuted for exposing wrongdoing. Transparency International had published a statement “urging all UN member states to end reprisals against whistle-blowers, and to respect, protect, promote and fulfil the human rights of everyone – including those working to promote and defend the rights of other people and to fight and expose corruption.”

The Guardian (21/6/2022) reported on a damning BBC documentary dealing with the United Nation’s mistreatment of whistle-blowers. It noted that once whistle-blowers spoke out, the UN went after them. One whistle-blower, for example, was suddenly accused of solicitation and viewing nude photographs on his phone at work. Yet another has footage of Swiss police entering her flat and refusing to leave: she says the UN had sent them, and had told them Reilly was a suicide risk.

In the case of Ahluwalia, Jyoti Pratibha of the Fiji Sun reported that the Chair of the University’s Audit and Risk Committee noted 33 counts of instances where it is alleged that Ahluwalia did not follow the established procedures. ”Because of the seriousness of the allegations” he was suspended.

One early sign that there were some complications in the allegations brought against Ahluwalia was when the highly respected finance and IT expert, Semi Tukana, resigned abruptly. He had sent his letter of resignation to then Pro-Chancellor Winston Thompson who had appointed him (Tukana) to the investigation committee. Mr Tukana had provided four reasons for resigning. One concern was that “this sub-committee (is) being used as a means to achieving the ultimate aim of terminating the appointment of Professor Pal Ahluwalia as VC at USP.” He also highlighted the “existing public perception of the lack of independence in how the appointment of the members of this committee was arrived at,” and the “non-involvement of the USP Council as a whole.”

The University Council had rescinded the suspension. It “is not persuaded that due process was followed in the suspension of Vice-Chancellor Ahluwalia.”

This led some to question whether there had been elements of vindictiveness in Ahluwalia’s suspension

When Professor Ahluwalia took up his position in 2019, he hit the ground running. Although appointed in November 2018, he formally took up his role in January 2019. Within six weeks of taking office, concerned staff had gone to Ahluwalia with allegations. In April 2019, Ahluwalia sent a paper entitled “Issues, Concerns and Breaches of Past Management and Financial Decisions” alleging wrongdoing by the former Vice Chancellor”. Ahluwalia had made 26 allegations of mismanagement against his predecessor who held office from 2008 to 2018.

BDO Auckland concluded there was a lack of documentary evidence because of the level and or quality of documentation retained by USP. “BDO’s view is that a majority of the decisions investigated were made within the boundaries of the Vice Chancellor’s ordinance. However, when critically analysed, the rationale for many of the decisions taken is unclear.” BDO identified the need for greater oversight, control and management of the HR and payroll functions of the USP.

Transparency International and CLCT Integrity Fiji note that the fight for whistleblowers’ rights has also produced key wins, but for these wins to spark real change and better protection for whistle-blowers, we must continue fighting. Integrity Fiji and its youth network Youths4IntegrityFiji have been unwavering in supporting whistle-blowers like Ahluwalia; choosing him as Pacific Integrity Champion in 2021

Anti-corruption fighters, including whistle-blowers, are increasingly under threat. Supporting them is a core pillar of Integrity Fiji and Transparency International’s work – through legal advice, rapid response, and advocacy for better legal and institutional frameworks. This not only makes a difference for the individuals involved but protects everyone by working towards an environment that allows people to speak out safely against corruption and be heard.

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