Enhancing Accountability through Transparency and Whistleblowing in Public Administration
Transparency and whistleblowing play crucial roles in promoting integrity and preventing corruption in public administration. Transparency fosters accountability, trust, and informed decision-making, while whistleblowing serves as a culturally determined anti-corruption measure. Implementing effective internal whistleblowing channels remains a challenge, but both transparency and whistleblowing are essential for maintaining public integrity.
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Promoting integrity in public administration The role of transparency and whistleblowing Nedim Hogic, Emile Noel Fellow, New York University School of Law
Transparency as a precondition for accountability Prevents corruption and misconduct as it increases public scrutiny Builds trust and confidence in public administration Allows for better political decision making of the citizens, allowing them to make informed choices thereby directly impacting accountability of the political actors In some instances, replaces the rule of law Gives more efficiency, which is why it is widely used even in authoritarian countries, which is also why is the most used anti- corruption measure and most used integrity building measure
Whistleblowing and Public Integrity Whistleblowing, on the other hand, is said to be culturally and institutionally determined; it is much more present in the Western democracies than elsewhere It is often rewarded; such a concept would probably still not be feasible for implementation in our region To create efficient internal whistleblowing channels is much more difficult than it is to create transparency in public administration It is the slowest spreading anti-corruption measure and the one that is the hardest to be fully functional
Transparency Index (T-Index) 2023 Europe and Central Asia European Center for Anticorruption and State-Building (ERCAS) www.corruptionrisk.org
De jure and de facto transparency De jure transparency: six elements; freedom of information act, Open Government membership, UN Convention Against Corruption, FATF membership, plurinational transparency agreement (EITI, WTO GPA, OECD), beneficial ownership De facto transparency: 14 elements; budget, budget spending, procurement, land cadastre, audit, court schedule and decisions, building permits, asset and COI disclosures, mining concessions, aid received or given, and the legislation
Transparency (De Jure and De Facto) Montenegro 85/100 North Macedonia 80/100 Serbia 75/100 Albania 72.5/100 Bosnia and Herzegovina 70/100 Kosovo* *This designation is without prejudice to positions on status and is in line with UNSCR 1244 and the ICJ opinion on Kosovo Declaration of Independence
Q1 Q1 - Are past public expenditures published online? Are past public expenditures published online? 1 Point 0 Points 0,5 Points Last fiscal year expenditure report is accessible online in its detailed form Not available online or too generic (only aggregated data) Last fiscal year expenditure report is accessible online with limited detail Serbia Montenegro Kosovo* Albania North Macedonia Bosnia and Herzegovina
Q Q2 2 - Are current public expenditures published online Are current public expenditures published online? ? 1 Point 0,5 Points 0 Points Data is available through an online tracking system with itemized expenditures (e.g. copy machine) Data is available through an online tracking system that is not itemized OR through fairly detailed budget execution reports Not available online or too generic (only aggregated data) Albania, Bosnia and Herzegovina North Macedonia Montenegro Serbia Kosovo*
Q Q3 3 - - Is there a centralized public procurement portal where both Is there a centralized public procurement portal where both tenders and contract awards are posted? tenders and contract awards are posted? 1 Point 0,5 Points 0 Points Calls for bids AND award notices are published Only call for bids OR award notices are published No procurement portal exists OR information published is minimal (selected procedures only) Serbia Bosnia and Hercegovina Kosovo* Albania North Macedonia Montenegro
Q Q4 4 - - Is there an online land Is there an online land cadaster disclosed? disclosed? cadaster where property ownership is where property ownership is 1 Point 0,5 Points 0 Points Cadaster data is fully accessible online Cadaster data is partial OR limited in geographic coverage OR access requires payment Not available online Serbia, Albania North Macedonia Kosovo* Montenegro Bosnia and Herzegovina
Q Q5 5 - - Is there a register of commerce where shareholders and main Is there a register of commerce where shareholders and main data of companies is published? data of companies is published? 1 Point 0,5 Points 0 Points Business registry is fully and freely available online 1 point also when the register is run by a private company Information is partial or access to relevant information is paid Not available online North Macedonia Serbia Kosovo* Albania Montenegro, Bosnia and Herzegovina
Q Q6 6 - - Is the annual report of the Supreme Audit Institution publicly posted? Is the annual report of the Supreme Audit Institution publicly posted? 1 Point 0,5 Points 0 Points Annual report is available online with detailed information on individual audit results = 1Cases where the report is not comprehensive, but all individual reports are easily accessible are granted a full point as well Annual report has information on selected audits (and audit results are not available elsewhere) No (current) report is available online Kosovo* Albania North Macedonia Montenegro Bosnia and Herzegovina Serbia
Q Q7 7 - - Are supreme court hearing schedules public and accessible online? Are supreme court hearing schedules public and accessible online? 1 Point 0,5 Points 0 Points All court information available online Not all information public, politically sensitive cases not available Not available online Bosnia and Herzegovina Serbia Kosovo* Albania North Macedonia Montenegro
Q Q8 8 - - Are supreme court sentences published online? Are supreme court sentences published online? 1 Point 0,5 Points 0 Points All court sentences available online Not all information public, politically sensitive cases not available Not available online Montenegro Serbia Kosovo*, North Macedonia Albania, Bosnia and Herzegovina
Q Q9 9 - - Are financial disclosures of officials publicly available online? Are financial disclosures of officials publicly available online? 1 Point 0,5 Points 0 Points Available for all officials required to declare Available only for part of the officials required to declare (e.g. top officials) Not available online (or only upon request) Serbia, Bosnia and Herzegovina Albania, Kosovo* North Macedonia Montenegro
Q Q10 10- - Are conflict of interest disclosures of officials publicly available online? Are conflict of interest disclosures of officials publicly available online? 1 Point 0,5 Points 0 Points Available for all officials required to declare Available only for part of the officials required to declare (e.g. top officials) Not available online (or only upon request) Montenegro Kosovo*, Albania Serbia North Macedonia Bosnia and Herzegovina
Q Q11 11- - Are incoming and outcoming donor funds allocations published? Are incoming and outcoming donor funds allocations published? 1 Point 0,5 Points 0 Points Incoming/outcoming donor funds (or both whenever applicable) are available Only incoming OR outcoming donor funds are available in a situation when there should be both. A half point is also given if information is partial. Not available online Bosnia and Herzegovina Kosovo* Serbia Montenegro Albania, North Macedonia
Q Q12 12- - Are mining concessions publicly posted? Are mining concessions publicly posted? 1 Point 0,5 Points 0 Points Information on mining concessions/licenses/titles is fully available Information on mining concessions/licenses/titles is partially available or access is paid Not available online Serbia Albania Bosnia and Herzegovina North Macedonia Montenegro Kosovo*
Q Q13 13- - Are construction permits in the country s capital city publicly posted? Are construction permits in the country s capital city publicly posted? 1 Point 0,5 Points 0 Points Information on issued construction permits is fully available Information on issued construction permits is partially available OR access is paid Not available online Montenegro Serbia North Macedonia Kosovo* Bosnia and Herzegovina Albania
Q Q14 14- - Is there an online gazette or a government portal which Is there an online gazette or a government portal which publishes all official legislation for everybody to access? publishes all official legislation for everybody to access? 1 Point Yes 0,5 Points 0 Points No Yes, but the access is paid OR the information is only partially provided Montenegro Serbia Kosovo* North Macedonia Bosnia and Herzegovina Albania
Transparency in the Western Balkans High level of institutional commitment, especially in Montenegro and North Macedonia, but also in other jurisdictions Building permits and financial aid received remain very problematic Tracking of budgetary spending just like in other countries is a source of problems Regional cooperation could be a way forward
Whistleblowing in the Western Balkans Institutionalized, regulated whistleblowing, remains less significant as a source of anti-corruption efforts and narratives Hidden motives are sought to justify the behavior of the whistleblowers Number of cases in Serbia as a promising sign Lack of mapping and research focused on impact Are transparency and whistleblowing two sides of the same coin?
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