Implementation of the Law on Whistle-Blower Protection and Raising the Awareness for Whistle-Blowing (MK0095)
Action Plan: Macedonia National Action Plan 2016-2018
Action Plan Cycle: 2016
Lead Institution: State Commission for Prevention of Corruption
Support Institution(s): Ministry of Justice and institutions of public and private sector; Transparency International Macedonia and other NGO
Policy AreasAnti-Corruption, Anti-Corruption Institutions, Capacity Building, Legislation & Regulation, Whistleblower Protections
Condition or issue covered with the obligation: The application of the Law on Whistle-Blower Protection and the bylaws deriving therefrom commenced as of 18.03.2016. The Law on Whistle-Blower Protection guarantees protection of the persons in the capacity of whistle-blowers and that their rights will not be infringed when making such report, no harm will be caused to them or their close ones and they will enjoy the protection of their personal data and identity. The implementation of the Law requires establishing and building a system for protection when reporting through which the persons dare to report illegal, prohibited or punitive action and they can perform such report without the fear of any consequences upon their security, job position or welfare of their close ones. Main goal: Efficient implementation of the Law on Whistle-Blower Protection. Short description of the obligation: The implementation of the Law on Whistle-Blower Protection and the bylaws deriving therefrom, by establishing and building a system and mechanisms for protected report and protection of whistle-blowers, is of great importance for strengthening the institutional fight against corruption and in general for prevention of corruption as socially harmful phenomenon. By strengthening the public awareness for protected report, protection of whistle-blowers and their importance for the prevention and fight against corruption and protection of the public interest, the reporting of punitive or other illegal or prohibited action which harms the public interest will be stimulated and encouraged. OGP challenge covered with the obligation: Increasing the public responsibility, integrity and trust in the public and private sector. Connection with the global goals for sustainable development: Reference with Target 16 “Peace, justice and strong institutions”, Target 16.5: Significant decrease of all forms of corruption and bribe. The measures from such effort contribute to prevention and fight against corruption and protection of public interest via efficient application of the system for protected report and protection of whistle-blowers. Validity: The Lawon Whistle-Blower Protection (“Official Gazette of Republic of Macedonia” number 196/2015), was adopted on 09.11.2015, which regulates protected report in the public and private sector, the rights of whistle-blowers, as well as the action and responsibilities of institutions, i.e. legal entities in relation with the protected report and ensuring protection of the whistle-blowers. In March 2016, the Minister of Justice adopted the bylaws deriving from the Law on Whistle-Blower Protection: Rulebook on protected internal report in the institutions within the public sector (“Official Gazette of Republic of Macedonia” number 46/16), Rulebook on external report (Official Gazette of Republic of Macedonia” number 46/16) and Rulebook on instructions for adoption of internal acts on protected internal report within the legal entity in the private sector (“Official Gazette of Republic of Macedonia” number 46/16). The application of the Whistle-Blower Protection Law and the bylaws deriving therefrom commenced on 18.03.2016. From international aspect there are many acts as basis for adoption of legal decision which shall regulate the report and protection of whistle-blowers such as the United Nations Convention against Corruption, Civil Convention against Corruption and Criminal Law Convention on Corruption of the Council of Europe, Draft - Resolution dated 2009 on the protection of persons reporting irregularities on the Parliamentary Assembly of the Council of Europe. The United Nations Convention refers to the “Whistle-Blower Protection” institute in anti-corruption legal frame. The Macedonian anti-corruption legal frame was upgraded with the adoption of the Law on Whistle-Blower Protection and the bylaws deriving therefrom. The fight against corruption will be strengthened with the establishing of the system for protected report and systematic institutional protection of the persons who report any suspicion or knowledge that any punitive or other illegal or prohibited action was committed, is being committed or will probably be committed which harms the public interest. Ambition: Successful application of the Law is expected by establishing system of protected report and system protection of the whistle-blowers. The implementation and results from the implementation of the Law will be determined in accordance with the Methodology for assessment of the implementation of the regulation and measures will be taken for promoting the application of the Law on Whistle-Blower Protection. Increased trust in the institutions is expected from this effort from the aspect of reporting cases therein of punitive, illegal or prohibited action which harms the public interest, thus ensuring increased number of reports from whistle-blowers. Strengthening of the public awareness with regards to the whistle-blowing and increasing of the citizen awareness for the importance of the whistle-blowers in the prevention and fight against corruption and protection of the public interest.