Protect whistleblowers during the COVID-19 pandemic and withdraw the Panic Regulation

TI BiH calls on the President of RS to withdraw the Decree on the Prohibition of Panic and Riots during the State of Emergency and notes that the RS Constitution stipulates that the President of the Republic cannot suspend the right to freedom of expression and opinion. The Law on the Protection of Persons Reporting Corruption guarantees these persons special legal protection and must not be prosecuted in the event of a report of corruption in connection with the fight against COVID-19.

Banja Luka, 07. April 2020 – A number of human rights organizations, including branches of Transparency International, have signed a letter urging authorities around the world to protect those who report abuse or other irregularities during the Covid-19 pandemic. The letter encourages citizens and workers to contribute to the accountability of governments and institutions in defending human rights and freedoms by reporting irregularities.

Transparency International in BiH (TI BiH) emphasizes that in times of crisis, the principle of transparency in the work of institutions is vital for every society. The letter states, however, that examples of irregularities and mismanagement have already been identified globally during the pandemic, both in institutions and in market operations. Areas such as health system capacity, public procurement, breaches of health and safety regulations, unfair practices in competition and distribution of global supplies, and breaches of the right to privacy are particularly sensitive.

The letter expresses concern that parliaments have been suspended in many countries due to the state of emergency, and that decisions can be made without public oversight, as is the case in Republika Srpska. This creates a risk of abuse, and in such circumstances the role of the whistleblower, ie. those who report corruption, but also all those who point to it, including the media, are crucial. They are a corrective mechanism for the authorities in the circumstances of a severe health crisis, where their right to life may depend on whether citizens have the right information. Health workers, but also others (traders, journalists, drivers, utility workers, etc.) who are first in line in the fight against the pandemic, must be protected and must be given the right, as well as all citizens, to point out abuses, corruption or threats to public health.

TI BiH especially calls on the authorities in the Republika Srpska and all public officials in BiH not to use repressive means against citizens, such as regulations prohibiting and punishing the cause of panic and public unrest, but to call on citizens to share with the public and institutions all observed irregularities. , abuses and threats to public health. TI BiH reminds that the Republika Srpska passed the Law on Protection of Persons Reporting Corruption, which guarantees special legal protection to these persons, and that they must not be persecuted in case they decide to report corruption in connection with the fight against the COVID-19 pandemic.

TI BiH calls on the President of the Republika Srpska to withdraw the Decree with legal force on the prohibition of causing panic and riots during the state of emergency, because there is sufficient basis in the legislation to punish and prosecute irresponsible persons. The provision prohibiting “preventing and significantly obstructing the implementation of decisions and measures of state bodies, other institutions and organizations exercising public authority” is imprecise, too broad, and can be used for political persecution and intimidation. TI BiH notes that the Constitution of the Republika Srpska stipulates that the President of the Republic cannot suspend the right to freedom of expression and opinion while the state of emergency lasts.

Press rls – 07.04.2020