Whistleblower Protections (LV0033)
Action Plan: Latvia National Action Plan 2017-2019
Action Plan Cycle: 2017
Lead Institution: State Chancellery, the Corruption Prevention and Combating Bureau
Support Institution(s): School of Public Administration MEASURE THE IMPLEMENTATION OF RELEVANT PARTNERS Association "Transparency International Latvia" Latvian Free Trade Union
Policy AreasCapacity Building, Civic Space, Whistleblower Protections
PROMOTING EFFICIENT LIFTING MECHANISM
FOR SETTING UP ALARM
2017 2 pusgads- 2019 1st half
WHAT ARE THE STATE AND THE PUBLIC INTEREST ISSUES WHICH HELPS MEETING THIS
There is little publicly known example, when people in the public interest to report on violations or when such
persons whistleblowing grounds of the adverse effects should be avoided, such as a person should be reinstated.
MK 7 March 2017 approved the draft law "Whistleblower Protection Act." The bill aims to provide
whistleblower protection to promote the public interest whistleblowing irregularities and prevention. The bill
for the first time offered a special legal framework to determine what are the whistleblower, whistleblowing
opportunities and whistleblower protection measures. This applies to both the public and private sectors.
The draft law was submitted to parliament.
Whistleblower protection bill takes into account the United Nations, the Council of Europe and the OECD
standards and recommendations and good practice of other countries. Law assuming Latvia will become one of
the world's countries adopted special whistleblower protection law. Similar laws operating in the US, Australia,
Belgium, France, Estonia, Israel, Ireland, Canada, Korea, the UK, the Netherlands, Romania, Slovakia, Slovenia,
Hungary and Sweden, while in developing - in Lithuania.
2017 On 17 March, organized a discussion on "open governance: what ambitious targets for the coming years?"
Was asked to plan to cover the event: "Whistleblower protection. Reporting or whistleblowing mechanism for
whistleblowing and cultural development. " 34
Effective whistleblower protection mechanism can facilitate the reporting of violations in the workplace in
both the public and the private sector. This can reduce the distrust of public institutions and to help them to
prevent abuses such as corruption, embezzlement of funds, tax evasion or violations of construction,
public procurement, public health or food security.
34 Getting material "Open Management Partnership Plan 2017-2019: wishlist Latvian challenges".
LATVIAN OPEN MANAGEMENT THIRD NATIONAL ACTION PLAN 32
Whistleblower protection instrument is also an opportunity to promote cultural exchange - to greater openness and trust in
the workplace, but also tolerance of breaches of legal consciousness and democratically responsible behavior.
WHAT IS COMMITMENT?
Promote effective whistleblowing and whistleblower protection mechanism:
• perform outreach activities that promote awareness of whistleblowing and whistleblower protection;
• promote opportunities to raise the alarm to the competent authorities;
• promote efficient single whistleblowing mechanism for the development and implementation;
• explore best practices, and effectively provide for whistleblower protection.
HOW TO COMMITMENT will be introduced and the solution to these problems?
The commitment will be implemented through measures providing information and promoting analysis and research on
HOW TO MEET COMMITMENT OGP VALUES?
Commitment to comply with the OGP values - responsibility. One of the manifestations of responsibility in accordance with
the value of the OGP guidelines are the mechanisms that allow the public to report violations and obtain redress.
Commitment to responsibility OGP within the meaning of the commitment related to the rights and obligations of the creation
or official institutions and the consequences. 35
Compliance with international obligations
• United Nations Convention against Corruption;
• Council of Europe Recommendation CM / Rec (2014) 7 "Whistleblower Protection";
• OECD recommendations to combat bribery, public administration and corporate governance
35 OGP. "Assessing OGP Values for Relevance".
See "responsibility" (in English. - public accountability) Glossary:
LATVIAN OPEN MANAGEMENT THIRD NATIONAL ACTION PLAN 33
Linking to other documents
• Parliamentary Investigation Commission information on the Latvian State's conduct in assessing
2013 21 November Zolitūde tragedy causes and future activities carried out in the laws and
regulations and state and local government activity arranging. Chapter 22 "Whistleblower redress
system implementation necessity." 36
1. Association "Transparency International Latvia" information campaign Exhibition on whistleblowing
01.09.2017. - 31.12.2017.
2. International Conference "whistleblowing promotion and whistleblower protection"
01.10.2017. - 31.10.2017.
RESPONSIBLE PUBLIC AUTHORITIES
State Chancellery, the Corruption Prevention and Combating Bureau
OTHER MEASURES IN IMPLEMENTATION OF NATIONAL INSTITUTIONS
School of Public Administration
MEASURE THE IMPLEMENTATION OF RELEVANT PARTNERS
Association "Transparency International Latvia"
Latvian Free Trade Union
IRM Midterm Status Summary
6. Support mechanism for protection of whistleblowers
Language of the commitment as it appears in the action plan:
Editorial Note: The Latvian government did not submit an official English translation of its 2017−2019 to OGP. Therefore, the original Latvian version as it appears in the action plan can be viewed below. For the full text of this commitment, please see the Latvia 2017−2019 action plan here: https://www.mk.gov.lv/sites/default/files/editor/atvertas-parvaldibas-plans2017.pdf.
Veicināt efektīva trauksmes celšanas un trauksmes cēlēju aizsardzības mehānisma ieviešanu:
- veikt informatīvus pasākumus, kas veicina izpratni par trauksmes celšanu un trauksmes cēlēju aizsardzību;
- popularizēt iespējas celt trauksmi kompetentajām iestādēm;
- veicināt efektīva vienotā trauksmes celšanas mehānisma izstrādi un ieviešanu;
- izpētīt labo praksi, kā efektīvāk nodrošināt trauksmes cēlēju aizsardzību.
6.1. Biedrības “Sabiedrība par atklātību Delna” informatīva kampaņa izstāde par trauksmes celšanu
6.2. Starptautiska konference “Trauksmes celšanas veicināšana un trauksmes cēlēju aizsardzība”
Start Date: 1 Jul. 2017
End Date: 30 Jul. 2019
Context and Objectives
Latvia passed a whistleblower protection law in October 2018. The law was prepared as part of Latvia’s second OGP action plan and came into force on 1 May 2019. Among its provisions, the law requires organizations to adopt internal whistleblower protection systems, including anonymity, a prohibition on retribution against whistleblowers, and placing the burden of proof on the employer. The law also requires turning to a competent authority and the mediation of the State Chancellery as the contact point for whistleblowers. 
The objective of this commitment is to raise awareness on whistleblower protection, encouraging individuals to report abuses of power in businesses and government. This commitment entails two activities: conducting an exhibition and an information campaign on whistleblower protection; and hosting an international conference on whistleblower protection. The commitment broadly seeks to raise awareness regarding existing whistleblower protection mechanisms, and it is relevant to the OGP value of public accountability.
The commitment activities lack specificity on the information campaign like which groups will be targeted and what information channels will be used. The planned international conference also lacks information on the audience, contributors and planned inputs, planned outreach, and availability of materials after the conference. If fully implemented, the exhibition and conference could possibly raise awareness of whistleblower protection and the new law that was passed by Parliament. However, the potential impact cannot be assessed higher than minor given the vague description provided in action plan.
Raising awareness of the new whistleblower protections is important to educate and engage citizens on the protections and how to use the new law in private businesses and government institutions. However, due to the vagueness around the expected results, targeted groups, and information channels, the IRM researcher does not recommend carrying this commitment forward to the next action plan. Instead, the IRM researcher recommends continuing development of effective mechanisms and channels for citizens to report wrongdoing. She also recommends involving Parliament in any future commitments on whistleblower protection, as any legislative changes to the Whistleblower Protection Law would require their approval.
Public Participation in Decision-Making
LV0028, 2017, Capacity Building
LV0029, 2017, E-Government
LV0030, 2017, E-Government
LV0031, 2017, Capacity Building
LV0032, 2017, E-Government
LV0033, 2017, Capacity Building
Ethics in Public Management
LV0034, 2017, Capacity Building
LV0035, 2017, Legislation & Regulation
Open Public Procurement
LV0036, 2017, E-Government
Transparency in State Management
LV0037, 2017, E-Government
LV0038, 2017, Beneficial Ownership
LV0039, 2017, Capacity Building
Concept Note on Publishing Data
LV0018, 2015, Open Data
Portal Drafting Legislature and Development of Planning Documents
LV0019, 2015, E-Government
Platform Unifying Gov. Webpages
LV0020, 2015, E-Government
Transparency of Selecting Candidates for the Boards and Councils of Public Entity Enterprises
LV0021, 2015, Legislation & Regulation
Supervising Officials Responsible of Public Resources
LV0022, 2015, Anti-Corruption Institutions
Sustainable Model of Financing NGOs
LV0023, 2015, Civic Space
Online Collection of Signatures on Referenda
LV0024, 2015, E-Government
Draft Law on Protecting Whistleblowers
LV0025, 2015, Whistleblower Protections
Assessment of the System of the Financing Political Parties
LV0026, 2015, Money in Politics
Code of Ethics and a Public Administration Employee’S Handbook for Public Sector
LV0027, 2015, Capacity Building
LV0001, 2012, Capacity Building
Strengthen Social Partners
LV0002, 2012, Public Participation
Trade Union Law
LV0003, 2012, Civic Space
LV0004, 2012, Civic Space
Public Engagement Model
LV0005, 2012, Public Participation
Internet Access Points
LV0006, 2012, E-Government
Public Service Assessment
LV0007, 2012, Public Service Delivery
LV0008, 2012, E-Government
LV0009, 2012, E-Government
LV0010, 2012, Asset Disclosure
LV0011, 2012, Legislation & Regulation
LV0012, 2012, Whistleblower Protections
Public Subsidy Control
LV0013, 2012, Private Sector
State Owned Enterprises Management
LV0014, 2012, Private Sector
Single Platform for Government Websites and Information
LV0015, 2012, E-Government
Online Broadcasting From the Cabinet and Parliament
LV0016, 2012, E-Government
Website For Public Participation
LV0017, 2012, E-Government