by Coalition staff
There is no denying that whistleblowing is a radical concept: people getting secret evidence of crimes being committed inside companies and public agencies, and handing over the evidence to authorities or releasing it directly to the public.
Not only that, we expect the person’s identity, job security and reputation to be protected. And we expect public authorities – maybe even the same authorities that are committing crimes – to investigate the illegalities and prosecute the criminals. This can put governments in the position of protecting the very people responsible for exposing the government’s own wrongdoing. Because of a whistleblower, authorities could investigate and prosecute one of their own colleagues or friends.
The inherent difficulties and conflicts are plain to see.
As radical as this sounds, whistleblowing is the purest form of citizen participation. If law-abiding democracies are supposed to be of the people, by the people, and for the people, what is more democratic than citizens helping to ensure that laws are abided by?
People report crimes every day – as they have for millennia. We thank them for their sense of public duty. Just because a witness happens to be an employee – which is what a “whistleblower” is – the witness should not be treated any differently.
Since 2014 every Western Balkan country has passed a law giving employees the clear right to report misconduct without the fear of being fired, demoted or otherwise punished. Members, partners and staff of our Southeast Europe Coalition on Whistleblower Protection helped in the efforts to get all of these laws passed.
Now we are working very hard to make sure these laws are functioning properly and efficiently in real-life situations. It’s much easier to pass a law than is it to enforce it. That’s where activism comes in.
Right now our members and partners are doing everything they can on behalf of three people who were victimized after disclosing misconduct and public health risks.
Dr. Ilir Allkja was fired from his job at the University Hospital Center Mother Teresa (QSUT) in Tirana last December after he publicly expressed his concerns about the lack of COVID-19 protective clothing and equipment. The Health Service Workers Union staged a protest in front of the hospital in support of Dr. Allkja.
We are trying to determine why Dr. Allkja was not protected under Albania’s Law on Whistleblowing and the Protection of Whistleblowers, which was passed in 2016. Health officials said he was dismissed because he made “false statements” and was “spreading panic and exerting psychological pressure on the administration.” Under the whistleblower law, it must be shown that a person intentionally made false statements. And, the law does not permit a whistleblower to be fired for vague and subjective reasons such as “spreading panic” and “exerting psychological pressure.”
In Bosnia and Herzegovina we have demanded that Emir Mešić be reinstated to his position at the Indirect Tax Authority (UIO), the public agency that oversees VAT, customs and other taxes. Mešić was accused of “professional misconduct,” demoted and threatened with dismissal after he publicly revealed how parking fees allegedly wound up in the hands of private companies. He said this went on for 10 years and totaled some €75 million.
Puzzlingly, Mešić was punished even though he had been granted protected whistleblower status from Bosnia’s anti-corruption agency, APIK, and even though Bosnia’s whistleblower law protects public disclosures like Mešić’s. The Coalition has personally contacted UIO Director Miro Džakula and demanded that Mešić be fully reinstated and be paid all lost wages. We are working with many Bosnian NGOs, activists and journalists to achieve justice for Mešić.
In Kosovo, hospital technician Fisnik Thaqi publicly released photographs of poor care and dirty conditions at the University Clinical Center in Prishtina. “It’s horrible. Workers and hospitalized patients suffer from radiation because the protective doors were poorly installed and cannot be shut.” Less a week later, the hospital began disciplinary actions against Thaqi.
What Thaqi did was completely legal. Kosovo’s Law on Protection of Whistleblowers, passed in 2018, protects public disclosures in cases of “immediate threat” to public health. The campaign in support of Thaqi is being led by the Kosovo Law Institute.
All three of these people were punished in clear violation of the whistleblower laws in their countries. Coalition members, partners and staff will continue to fight and campaign on their behalf – publicly and behind the scenes – until they are all fully reinstated and compensated.
But the lesson is clear: until whistleblower protection systems are fully functional, employees should not have complete trust in them. People have many alternatives to reporting misconduct to public authorities or to the media. The Southeast Europe Coalition on Whistleblower Protection is here to help, with confidential and professional support. If you have information about a crime or act of corruption, we encourage you to contact us first.
