Spirit of the Law: Protecting Whistleblowers from Corruption

Albania has recently introduced a landmark law that upholds democratic values such as human dignity, freedom of expression, and equality before the law. The law aims to ensure that employees can speak up about corrupt practices without fear of retaliation or victimization.

Benefits of the Law

• Protects whistleblowers from revenge and victimization
• Provides a safe haven for those who dare to challenge corrupt practices in both public and private sectors
• Outlines specific procedures for reporting corruption, including who to report to and how to seek protection from retaliation
• Encourages a culture of transparency and accountability in workplaces, ultimately contributing to the prevention and crackdown on corruption

When is Whistleblowing Protected?

Whistleblowing is protected when violations are reported through appropriate channels. To qualify for protection, whistleblowers must disclose improprieties to designated authorities, such as:

• The High Inspectorate for the Declaration and Audit of Assets and Conflicts of Interest

Conditions for Protection

To be eligible for protection, whistleblowers must have a clean and honest motive, with good reason to believe that the information being disclosed is truthful. Additionally, they must demonstrate “reasonable cause” for making the disclosure, which means having evidence to support their claims.

Reasonable Cause: A Guide

Before blowing the whistle, individuals must be sure of two things:

• That an act of impropriety has occurred or is likely to occur
• That they are motivated by public interest rather than personal intentions or disgruntlement

This ensures that investigations are not wasted on unfounded suspicions.

Public Interest vs. Personal Disgruntlement

To determine whether a whistleblowing is driven by public interest or personal disgruntlement, individuals must consider the nature of their disclosure and its potential impact on society.

Personal Interest vs. Public Interest

Whistleblowers must ensure that they are not motivated by:

• Personal gain
• Media attention
• Revenge against an institution or enterprise

Any whistleblowing driven by such motivations is considered not in good faith.

Proper Procedure for Whistleblowing

To report corruption, individuals should submit reports to the responsible unit within public institutions or private enterprises, or to the High Inspectorate for the Declaration and Audit of Assets and Conflicts of Interest. By following this procedure, whistleblowers can ensure their protection under the law.

Conclusion

Albania’s whistleblower protection law is a vital step towards promoting transparency, accountability, and good governance in both public and private sectors. By encouraging employees to speak up against corruption, the law helps create a culture of integrity and ethical conduct, ultimately benefiting society as a whole.