The Gap Analysis of Whistleblower Protection Laws in the Western Balkans and Moldova finalized and delivered to beneficiaries

The Gap Analysis of Whistleblower Protection Laws in the Western Balkans and Moldova (hereinafter: Gap Analysis) was recently finalized, translated and delivered to partner institutions in beneficiary jurisdictions.

Whistleblowing is one of the most effective means of exposing and combating corruption. In order to maximize the benefits of whistleblowing, comprehensive laws must be brought in place to provide whistleblowers with reliable avenues to disclose corruption, and mechanisms to protect them from retaliation. Most of the whistleblower protection laws in the Western Balkans and Moldova were adopted during the period between 2014 and 2019. As a contribution to effective whistleblower protection in SEE, the Gap Analysis was conducted by whistleblowing experts Mr. Tom Devine and Mr. Mark Worth, and coordinated by Ms. Elmerina Ahmetaj Hrelja, Anticorruption Expert and RAI Secretariat Project Manager.

The Gap Analysis compared nine whistleblower protection laws in seven jurisdictions (Albania, Bosnia and Herzegovina (BiH), Kosovo*, Moldova, Montenegro, North Macedonia and Serbia) to the two predominant legal instruments in Europe: the 2014 Council of Europe Recommendation on Protection of Whistleblowers (hereinafter: CoE Recommendation) and the 2019 European Union (EU) Directive on the Protection of Persons who Report Breaches of Union Law (hereinafter: EU Directive). For this study, 21 key standards that represent the basic elements of a whistleblower protection system were condensed from the CoE Recommendation and the EU Directive. This assessment examines whether and to what extent each standard is incorporated into each jurisdiction’s law.

Stakeholder consultations with anti-corruption agencies and other institutions were carried out to verify the legislative assessment. For purposes of consultations with CSOs, the Gap Analysis was first presented in a draft form to the SEE Coalition on Whistleblower Protection, at its Annual Meeting held on November 30, 2020. One of the conclusions of this Coalition Annual Meeting was that the Gap Analysis was relevant and timely, as well as that its methodology could be applied for such assessments in the remainder of the SEE and broader.

The Gap Analysis will serve as a basis for dialogues in the jurisdictions, with the purpose of advocating for the translation of the recommendations into action, leading to better whistleblower protection for citizens.

The Gap Analysis was produced as part of the project “Breaking the Silence: Enhancing Whistleblowing Policies and Culture in the Western Balkans and Moldova”, funded by the European Union.

Download the GAP Analysis in English language

Download the jurisdictions’ excerpts available in local languages: Albania, Bosnia and Herzegovina, Kosovo*, Moldova, Montenegro, North Macedonia, Serbia

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.