09/10/18 – WIN is pleased to provide an update from the Stefan Batory Foundation on the proposed whistleblowing law in Poland.
A year ago, a coalition of Polish NGOs – including the Stefan Batory Foundation, the Helsinki Foundation for Human Rights, the Institute of Public Affairs and the Trade Union Forum – began working on a Citizen’s Draft Law on Whistleblowers’ Protection. They wanted to provide a strong model for whistleblowing legislation in Poland that met international best practice and against which any government proposals could be effectively measured. The current version of the Citizen’s Draft Law is available in English here.
The Citizen’s Draft Law proved its value almost immediately when, in late 2017, the Polish NGO coalition were able to present it as antidote to dangerous proposals on “whistleblowing” drafted by the Coordinator of the Special Services. The Special Services proposals were included in the Government’s draft law on transparency in public life. The Stefan Batory Foundation strongly criticised the proposals, as did WIN who sent a letter from international experts urging the Polish Government to reject the whistleblower protection provisions as not fit for purpose.
But work on a Citizen’s Draft Law on Whistleblowers’ Protection continued and, in April 2018, the Stefan Batory foundation and the NGO Coalition launched an independent public consultation. The launch was held at the first of two public meetings and so far the consultation has gathered over 100 comments which will be taken into account whilst the coalition prepares the final version of the Citizen’s Draft Law.
Anyone interested in effective whistleblower protection is encouraged to review the Citizen’s Draft Law on Whistleblowers’ Protection and submit their comments here!
Today, 7 November 2017
A number of concerned organisations signed a joint WIN letter to the relevant Ministers of the Polish Government expressing deep concerns about the draft provisions purporting to offer “whistleblower protection” as contained in the Draft Law on Transparency in Public Life. We urge the Polish Government to reject these as not fit for purpose.
07 November 2017
The organisations and leaders within WIN, the Whistleblowing International Network, have worked in the field of public interest whistleblower law and practice for close to 40 years. Our expertise has been sought by national governments and judicial and law enforcement authorities, amongst many others around the world, looking to enhance their legal and institutional protections for whistleblowing. Our members have played a leading role at the Council of Europe, the European Union, the OECD and the United Nations as part of their mandates to support good governance and democratic accountability, the rule of law and human rights.
We write to express our unqualified agreement with the attached concerns expressed by the Fundacja im. Stefana Batorego (Stefan Batory Foundation), Helsińska Fundacja Praw Człowieka, (The Helsinki Foundation for Human Rights) and Instytut Spraw Publicznych (Institute of Public Affairs) about draft provisions of a “whistleblower” law recently proposed by the Minister, Special Services Coordinator, in the draft law on transparency of public life. The proposal purports to provide whistleblower protection for those who report evidence of certain criminal offences to the prosecutor. These provisions do not fall within the definitions nor spirit of legal whistleblower rights in any other country. Even if relevant, the provisions fail to meet even one of some 20 internationally accepted legal standards and best practices for whistleblower protection, and appear to violate European standards which includes the most recent 2015 PACE Resolution and Recommendation on Improving the Protection of whistleblowers. Continue reading