{"id":60803,"date":"2023-03-25T10:34:10","date_gmt":"2023-03-25T10:34:10","guid":{"rendered":"https:\/\/kosovapress.com\/eng\/?p=60803"},"modified":"2023-03-26T14:41:14","modified_gmt":"2023-03-26T14:41:14","slug":"challenges-in-implementing-the-whistleblower-protection-law","status":"publish","type":"post","link":"https:\/\/kosovapress.com\/eng\/admin\/challenges-in-implementing-the-whistleblower-protection-law\/","title":{"rendered":"Challenges in implementing the Whistleblower Protection Law"},"content":{"rendered":"\n<p><strong>The whistleblower protection law is still not sufficiently known to all officials and other citizens employed in public and private institutions. This is considered a challenge for its implementation, adding here its non-implementation in the private sector.<\/strong><\/p>\n\n\n\n<figure class=\"wp-block-embed-youtube wp-block-embed is-type-video is-provider-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<iframe loading=\"lazy\" title=\"Challenges in implementing the Whistleblower Protection Law\" width=\"1200\" height=\"675\" src=\"https:\/\/www.youtube.com\/embed\/bwaURMBPpnw?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n\n\n<p>Through whistleblowing, employees in the\npublic and private sectors have the right to report abuses.<\/p>\n\n\n\n<p>However, the director of the Agency for the\nPrevention of Corruption, Yll Buleshkaj, says that in this agency recently\nthere has been an increase in cases that are presented to the officials\nresponsible for reporting.<\/p>\n\n\n\n<p>&#8220;In recent years, we have seen a\ncontinuous increase in the cases that are presented to the officials\nresponsible for whistleblowing, either within the institution or public\nenterprises, or within us. The increase is great, but if we talk in absolute\nnumbers, it is not a very large number. If in 2021 we had 9-10 cases, last year\nwe had 14. There is an increase if we take it as a percentage, it is a good\nincrease because it is over 40% increase, but as numbers we are still not\nsatisfied with how much is being used this mechanism from those who may have\ninformation about various misuses, including corruption&#8221;, said Buleshkaj.<\/p>\n\n\n\n<p>According to Buleshkaj, there is an increase in cases of whistleblowing even within the institutions in which there are about 170 officials responsible for whistleblowing.<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter size-large is-resized\"><img loading=\"lazy\" src=\"https:\/\/kosovapress.com\/eng\/wp-content\/uploads\/2023\/03\/Buleshkaj-250323.jpg\" alt=\"\" class=\"wp-image-60806\" width=\"609\" height=\"406\" srcset=\"https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/Buleshkaj-250323.jpg 900w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/Buleshkaj-250323-300x200.jpg 300w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/Buleshkaj-250323-768x512.jpg 768w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/Buleshkaj-250323-555x370.jpg 555w\" sizes=\"(max-width: 609px) 100vw, 609px\" \/><\/figure><\/div>\n\n\n\n<p>&#8220;Within the institutions, this number\nhas been continuously increasing, from 2021 when it was around 30, last year it\nwas 101, where there were institutions but also public enterprises that handled\nover 20 cases of internal whistleblowing. Here, it is worth mentioning the good\ncase, I believe, of KEK where there were over 27 cases which the officials handled\nand issued over 100 recommendations, almost all of which have already been\nimplemented by the KEK management. Likewise, we have also had a good practice\nof the Ministry of Justice who have handled over 20 cases, there have also been\ncases in the University Clinical Centers of Kosovo (QKUK) who have handled\nabout 20 cases. Looking at the number, it can be seen that this mechanism has\nbeen used quite well and quite a lot in some institutions, and in some others\nalmost not at all. Because we have about 170 responsible officials within\ninstitutions and public enterprises, while we have 100 cases handled, about 70\nhave been handled by only three institutions, all the others have handled 30\ncases,&#8221; he says.<\/p>\n\n\n\n<p>G\u00ebzim Shala from the Kosovo Institute for\nJustice says that the main focus should be on awareness and great information\non the reporting.<\/p>\n\n\n\n<p>&#8220;The initial problem that can be\nmentioned in this particular case is the fact that this law is not yet\nsufficiently known to all officials, and in this regard, this then affects the implemention\nof it. The great opportunities given by the Whistleblower Protection Law, there\nis a difference in this regard, between the public sector and the private\nsector, as the Whistleblower Protection Law applies to both sectors. Regarding\nthe public sector, despite the fact that there have been some significant\ndelays, the actions required for the consolidation of the whistleblowing system\nhave been undertaken, for example, the officials responsible for handling\nwhistleblowing cases have been appointed. And it was probably good news that at\nleast in some institutions we have seen that a certain number of whistleblowing\ncases have been generated&#8221;, says Shala.<\/p>\n\n\n\n<p>What has stalled, according to the director\nof the Agency for the Prevention of Corruption, is the use of this mechanism in\nprivate enterprises.<\/p>\n\n\n\n<p>Buleshkaj emphasizes that last year only\nthree companies submitted reports on the appointment of responsible officials.<\/p>\n\n\n\n<p>While the law obliges private companies that\nfor 50 employees to have an officer responsible for whistleblowing.<\/p>\n\n\n\n<p>&#8220;What is very important and is not\nbeing developed is the use of this mechanism within private enterprises. We\nhave very few companies that have designated it, and all those with over 50\nemployees are obliged to have an official&#8230; Last year, we only had three\ncompanies that submitted a report that the officials designated, one of there\nwas also a case that was handled, it is a bank, among the main banks in Kosovo,\nanother is a company that provides telecommunication services, and another is a\nbusiness that deals with trade. We have a very small number of these companies\nthat appoint contact officers and then handle cases&#8221;, says Buleshkaj.<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter size-large is-resized\"><img loading=\"lazy\" src=\"https:\/\/kosovapress.com\/eng\/wp-content\/uploads\/2023\/03\/shala-250323.jpg\" alt=\"\" class=\"wp-image-60808\" width=\"618\" height=\"412\" srcset=\"https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/shala-250323.jpg 900w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/shala-250323-300x200.jpg 300w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/shala-250323-768x512.jpg 768w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/shala-250323-555x370.jpg 555w\" sizes=\"(max-width: 618px) 100vw, 618px\" \/><\/figure><\/div>\n\n\n\n<p>The lack of implementation of the Law on the protection of whistleblowers in the private sector is also emphasized by G\u00ebzim Shala from the Kosovo Institute for Law.<\/p>\n\n\n\n<p>&#8220;In the private sector, this remains a\nvery pronounced problem, because in the private sector it seems that there is\nno adequate supervision in terms of the implementation of obligations and that\nin reality we do not have information whether there were whistleblowing cases\nfrom this sector or not, given the many problems faced by the private sector,\nwe can definitely say that the construction or consolidation of the whistleblower\nsystem in the private sector is still far behind compared to the public\nsector&#8221;, continued Shala.<\/p>\n\n\n\n<p>In the Fol Movement, the organization that\nmonitors the implementation of this law, they say that Kosovo&#8217;s institutions\ncontinue to have a lack of knowledge about the whistleblowing reporting chain.<\/p>\n\n\n\n<p>Researcher Albana Hasani says that among\nthe difficulties identified is the non-publication of the names of the\nresponsible officials on the websites of the institutions.<\/p>\n\n\n\n<p>&#8220;Officials for the protection of whistleblowers are facing various challenges in terms of law enforcement, starting from the lack of knowledge about law enforcement, i.e. the lack of knowledge about the reporting chain of whistleblowing, then the lack of conditions for whistleblowing, this is because the responsible officials have emphasized that they share their offices with colleagues, then the lack of confidentiality, especially reports through emails, because according to them, all IT officials have access to official emails, there are various problems of this nature that make it impossible for the implementation of the provisions of this law to be efficient&#8221;, says Hasani.<\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter size-large is-resized\"><img loading=\"lazy\" src=\"https:\/\/kosovapress.com\/eng\/wp-content\/uploads\/2023\/03\/hasani-250323.jpg\" alt=\"\" class=\"wp-image-60809\" width=\"581\" height=\"387\" srcset=\"https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/hasani-250323.jpg 900w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/hasani-250323-300x200.jpg 300w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/hasani-250323-768x512.jpg 768w, https:\/\/kosovapress.com\/eng\/admin\/wp-content\/uploads\/2023\/03\/hasani-250323-555x370.jpg 555w\" sizes=\"(max-width: 581px) 100vw, 581px\" \/><\/figure><\/div>\n\n\n\n<p>Hasani says that the Agency for the\nPrevention of Corruption has not done enough towards the implementation of this\nlaw, the reason, according to her, there is a lack of monitoring mechanisms and\ncapacities.<\/p>\n\n\n\n<p>&#8220;This inefficiency in the implementation\nof the law also stems from the fact that the government had a legal obligation\nto issue by-laws regarding the handling of whistle-blowing cases, six months\nafter the entry into force of the law&#8230; These acts were supposed to be issued\nin July of 2019, while they were issued in July of 2021, i.e. with two years delay.\nThis undoubtedly implies that there is a lack of will and a lack of\nseriousness,&#8221; says Hasani.<\/p>\n\n\n\n<p>In January 2019, the Law on the Protection of Whistleblowers entered into force, which also serves as a legal guide that shows who and how can become a whistleblower. The law covers both public and private sectors.<\/p>\n\n\n\n<p><em> This feature was produced by the NGO \u201cCenter for Innovation and Development\u201d with the financial support of EULEX Kosovo. Its content does not necessarily reflect the views and opinions of EULEX Kosovo <\/em>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The whistleblower protection law is still not sufficiently known to all officials and other citizens employed in public and private institutions. This is considered a challenge for its implementation, adding here its non-implementation in the private sector. Through whistleblowing, employees in the public and private sectors have the right to report abuses. However, the director [&hellip;]<\/p>\n","protected":false},"author":7,"featured_media":60805,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[303,307,306,300,3131],"tags":[3548,3549,597,1147,3547,2449],"_links":{"self":[{"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/posts\/60803"}],"collection":[{"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/comments?post=60803"}],"version-history":[{"count":3,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/posts\/60803\/revisions"}],"predecessor-version":[{"id":60856,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/posts\/60803\/revisions\/60856"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/media\/60805"}],"wp:attachment":[{"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/media?parent=60803"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/categories?post=60803"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kosovapress.com\/eng\/admin\/wp-json\/wp\/v2\/tags?post=60803"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}