Whistleblower Protection in Security Sector Regional Workshop
REGIONAL WORKSHOP ON
REGIONAL WORKSHOP ON
WHISTLEBLOWER PROTECTION IN
WHISTLEBLOWER PROTECTION IN
SECURITY SECTOR
SECURITY SECTOR
•
AGENCY FOR PREVENTION OF CORRUPTION
– 1.1.2016.
LAW ON PREVENTION OF CORRUPTION
(Official Gazette MNE no. 53/14)
-
Rulebook on detailed action upon whistleblower’s report on threat to the public interest,
indicating corruption (Official Gazette MNE, 77/2015)
-
Rulebook on the manner of keeping records of whistleblower reports and requests for
whistle-blower protection (Official Gazette MNE, 75/2015)
•
Whistleblower
is
natural or legal person filing a report on a
threat to public interest that indicates the existence of corruption
.
•
R
easonable grounds for suspecting
Endanger
ing the public interest
•
violation of regulations,
•
ethical rules or the possibility of such a violation, which caused,
causes or threatens to cause danger to life, health and safety of people
and the environment,
•
violation of human rights or
•
material and non-material damage to the state or a legal or natural
person,
•
an action that is aimed at preventing such a violation from being
discovered.
CONFIDENTIALITY
•
Protection of identity is an imperative
,
unless WB
explicitly requests
that
such data be made available to the public
•
Content of the report
(
in accordance with the law governing the
confidentiality of data
)
PROCEDURE UPON REPORT
-
Agency can invite the
person who filed the report
to amend or correct the
re
port
- W
ritten response to the allegations
-
Authorities
submit the requested data and information
- C
onduct
ing
the examination procedure ex officio
- H
earing
OPINION OF THE AGENCY
- O
pinion on the existence of
a
threat to the public interest that
indicate the existence of corruption
- R
ecommendation
RIGHT TO PROTECTION
•
His/her life, health and assets are at risk;
•
His/her employment has been terminated or his work position has been
abolished or
changed, or
if the description of duties and the conditions of the
work position where he/she used to work have been changed;
•
His/her business cooperation has been terminated through a termination of
service contract or contract on business cooperation;
RIGHT TO PROTECTION
•
Disciplinary proceedings have been instituted against him/her and if a
disciplinary measure has been imposed against him/her;
•
He/she has been prohibited from accessing certain data required for the
performance of his/her working duties;
•
He/she has been deprived of the means for work that he/she used; or
•
His/her promotion and professional development has been prevented
.
PROCEDURE
•
R
equest for whistleblower protection
•
6
months from the date of damage or knowledge of the possibility of
damage
•
Agency shall determine whether any damage occurred
•
OPINION
PROCEDURE
•
request for whistleblower protection
•
6
months from the date of damage or knowledge damage
•
Agency shall determine whether any damage occurred
•
OPINION
EXAMPLE
reporting on irregularities in the
recruitment process
request WB for protection
competent
inspection
APC
identified irregularities
positive opinion,
WB
got protection
misdemeanor sanction
recommendations
implemented
THANK YOU FOR ATTENTION
Kristina Braletić
Head of Section
Agency for prevention of coruption
e-mail:
kristina.braletic@antikorupcija.me
www.antikorupcija.me
Regional Workshop on Whistleblower Protection in Security Sector, organized by the Agency for Prevention of Corruption, discusses laws and procedures for reporting threats to public interest, especially those indicating corruption. It emphasizes the importance of confidentiality and outlines the detailed actions taken upon receiving whistleblower reports.
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Presentation Transcript
REGIONAL WORKSHOP ON WHISTLEBLOWER PROTECTION IN SECURITY SECTOR
AGENCY FOR PREVENTION OF CORRUPTION 1.1.2016. LAW ON PREVENTION OF CORRUPTION (Official Gazette MNE no. 53/14) - Rulebook on detailed action upon whistleblower s report on threat to the public interest, indicating corruption (Official Gazette MNE, 77/2015) - Rulebook on the manner of keeping records of whistleblower reports and requests for whistle-blower protection (Official Gazette MNE, 75/2015)
Whistleblower is natural or legal person filing a report on a threat to public interest that indicates the existence of corruption. Reasonable grounds for suspecting
Endangering the public interest violation of regulations, ethical rules or the possibility of such a violation, which caused, causes or threatens to cause danger to life, health and safety of people and the environment, violation of human rights or material and non-material damage to the state or a legal or natural person, an action that is aimed at preventing such a violation from being discovered.
CONFIDENTIALITY Protection of identity is an imperative, unless WB explicitly requests that such data be made available to the public Content of the report (in accordance with the law governing the confidentiality of data)
PROCEDURE UPON REPORT -Agency can invite the person who filed the report to amend or correct the report - Written response to the allegations -Authorities submit the requested data and information - Conducting the examination procedure ex officio - Hearing
OPINION OF THE AGENCY - Opinion on the existence of a threat to the public interest that indicate the existence of corruption - Recommendation
110 (47A) 2018 69 (23A) 2017 56 (17A) 2016
REPORTS RELATING TO.. 6% 12% 7% public procurement 11% acting by the state body 31% 11% acting by the local body private sector 22% other labor relation acting by state administration
4 4 8% 8% Competent ministries 1 1 2% 2% Competent inspection Prosecution 39 80% Agency for the protection of personal data Agency for the protection of corruption
RIGHT TO PROTECTION His/her life, health and assets are at risk; His/her employment has been terminated or his work position has been abolished or changed, or if the description of duties and the conditions of the work position where he/she used to work have been changed; His/her business cooperation has been terminated through a termination of service contract or contract on business cooperation;
RIGHT TO PROTECTION Disciplinary proceedings have been instituted against him/her and if a disciplinary measure has been imposed against him/her; He/she has been prohibited from accessing certain data required for the performance of his/her working duties; He/she has been deprived of the means for work that he/she used; or His/her promotion and professional development has been prevented.
PROCEDURE Request for whistleblower protection 6 months from the date of damage or knowledge of the possibility of damage Agency shall determine whether any damage occurred OPINION
REQUEST FOR PROTECTION PROCEDURE request for whistleblower protection 1 8% 1 8% 6 months from the date of damage or knowledge damage 2 15% 2016 2017 2018 Agency shall determine whether any damage occurred 2019 9 69% OPINION
EXAMPLE reporting on irregularities in the recruitment process request WB for protection competent inspection APC positive opinion, WB got protection identified irregularities recommendations implemented misdemeanor sanction
THANK YOU FOR ATTENTION Kristina Braleti Head of Section Agency for prevention of coruption e-mail: kristina.braletic@antikorupcija.me www.antikorupcija.me
