MANS: The culture of reporting abuse is at a very low level, whistleblowers are still persecuted and stigmatized

As stated by MANS, whistleblowers represent a key mechanism of control and correction in society, especially in environments where the institutional fight against corruption and other violations of the law is weak, selective or politicized.

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Photo: MANS
Photo: MANS
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

In Montenegro, the culture of reporting abuse is at a very low level, and whistleblowers are still persecuted and stigmatized, the Network for the Affirmation of the Non-Governmental Sector (MANS) assessed, and said that the law must protect those who protect the public interest.

MANS, in a statement on the occasion of June 23 - International Whistleblower Day, stated that without effective protection of persons who report abuses, the fight against corruption in Montenegro remains limited to declarative messages, rather than real and sustainable changes.

As stated by the non-governmental organization (NGO), whistleblowers represent a key mechanism of control and correction in society, especially in environments where the institutional fight against corruption and other violations of the law is weak, selective, or politicized.

"However, whistleblowers in Montenegro continue to be persecuted and stigmatized, and often have to seek their rights through lengthy court processes, and the rare verdicts do not guarantee protection from dismissal or other forms of retaliation," the statement said.

MANS assessed that this is why the culture of reporting is still at a very low level, both due to fear of consequences and distrust in the institutions that are supposed to provide protection.

According to them, whistleblowers in Montenegro rarely receive institutional support and are often left alone in the fight for the truth and public interest.

"Such a situation not only discourages individuals from reporting abuses, but directly threatens Montenegro's chances of building a functional and accountable governance system," the statement said.

MANS stated that a public debate is underway on the draft Whistleblower Law, which the Ministry of Justice published at the beginning of the month.

The bill, as they stated, introduces a special legal framework for reporting irregularities, whistleblower protection, employer obligations and punitive measures, in accordance with European Union Directive (EU) 2019/1937.

"While the law offers more comprehensive protection for whistleblowers, the provision on "abuse of reporting" is of concern if the information turns out to be false and the reporter knew it," the statement said.

MANS said that, unfortunately, in Montenegro, this institute can enable the prosecution and discouragement of legitimate whistleblowers, or that abuse can be used as a means of retaliation or pressure on people who report irregularities in good faith.

They stated that they would therefore request the deletion of this provision from the Draft Law, as part of other comments and objections that they would submit to the competent Ministry as part of the public debate.

Whistleblower protection is, as MANS pointed out, an inseparable part of the fight against corruption, and the fight against corruption is one of the key prerequisites for Montenegro's successful European integration process.

"The EU has made it clear through numerous reports that it expects Montenegro not only to formally align with EU legislation, but also to implement it in practice, especially when it comes to chapters 23 and 24," the statement said.

MANS said that without effective protection of whistleblowers, there can be no real progress in these areas.

They called on the competent institutions to urgently finalize and adopt a special law on whistleblower protection, which will encompass all forms of irregularities and guarantee concrete, rapid and effective protection measures.

MANS said that it is also necessary to empower institutions to act responsibly upon reports and to recognize whistleblowers as partners in the fight for the public interest, not as opponents of the system.

"On this day, we remind you that whistleblower protection must not be reduced to a formality - it must become a real priority for a society that strives for justice, responsibility and EU membership," MANS said.

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