World Whistleblower Day in BiH: Fewer Reports, Citizens Without Protection and Trust in Institutions

23 June 2025

Banja Luka, 23. June 2025 –

Only one person decided to seek protection from the Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption (APIK), but even that request was rejected, which clearly illustrates the state of protection for individuals reporting corruption, the so-called “whistleblowers” in Bosnia and Herzegovina.

The situation in the entities is even more unfavorable – in the Republic of Srpska, not a single request for whistleblower protection was submitted last year, while steps were taken to reduce the already limited scope of protection for potential whistleblowers.

The situation is no better in the Federation of BiH, although TI BiH receives most reports from this entity where the biggest problem is the absence of a law protecting potential whistleblowers. An exception is the Sarajevo Canton, which enacted its law in 2023, resulting in 6 individuals receiving protected whistleblower status out of a total of 8 submitted requests, placing other citizens of this entity in a discriminatory position.

The urgent need for changes is also highlighted by the fact that Transparency International BiH received 21 reports from individuals who can be classified as whistleblowers in 2024, while in the first five months of this year, there were as many as 16 reports, indicating that citizens place more trust in non-governmental organizations than in institutions when it comes to fighting corruption, which should not be surprising given that civil society organizations currently provide the highest level of protection to whistleblowers in BiH.

Among the key steps is the drafting of a new Law on the Protection of Whistleblowers at the BiH level, on which the Ministry of Justice of BiH is working, and to which TI BiH has submitted proposals to ensure full and effective protection of whistleblowers. These proposals, among other things, envisage the right of citizens to choose to report irregularities within the institution or outside it, including the possibility of addressing the media, without fear of retaliation. Special attention needs to be paid to preventing pressure on whistleblowers when seeking protection and eliminating the possibility of questioning the “good faith” or motives of the reporters, which has often deterred reporters from seeking protection and reporting corruption.

In addition to these provisions, the new Law must clearly recognize situations where whistleblowers suffer harmful consequences despite having protected whistleblower status and ensure effective institutional action in such situations.

The low level of trust among citizens in the legal protection of witnesses and victims of corruption stems not only from the lack of laws but also from their weak implementation, as well as the atmosphere of public condemnation, intimidation, and open threats from the highest political officials directed at anyone who dares to criticize the work of institutions and publicly point out corruption.

The effectiveness of the fight against corruption in Bosnia and Herzegovina is also diminished by the inadequate response of the courts in BiH, which have increased the number of acquittals in corruption cases by 20% in 2024 compared to the previous year. At the same time, prosecutors have reduced the number of open investigations, while the lowest number of indictments for corruption offenses in the last four years has been recorded, despite the fact that BiH, according to CPI findings, is the second most corrupt country in Europe.

Although whistleblower reports are the most effective way to detect, prosecute, and prevent corruption, the lack of positive examples and sanctions for corruption, the absence of laws, and their weak implementation are additional signals to citizens not to report it.

Therefore, TI BiH appeals to the Ministry of Justice of BiH to ensure full compliance with international conventions and EU directives that guarantee full and effective protection of whistleblowers when drafting the new Law on the Protection of Whistleblowers. In addition, Transparency International in BiH expresses hope that the Parliament of the Federation of BiH will recognize this issue as crucial and adopt the Law currently in procedure as soon as possible to ensure adequate protection for all citizens who report corruption in the Federation of BiH.

 

Press rls_23_6_2025

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