Protect Whistleblowers During the COVID-19 Pandemic and Withdraw the Decree on Causing Panic

A large number of human rights organizations, including branches of Transparency International, have signed a letter calling on authorities worldwide to protect individuals who report abuses 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 of vital importance for every society. The letter, however, notes that globally during the pandemic, examples of irregularities and poor governance have already been observed, both in institutions and in market operations. Particularly sensitive areas include the capacity of the healthcare system, public procurement, violations of occupational health and safety regulations, unfair market practices and the distribution of global supplies, as well as violations of the right to privacy.

The letter expresses concern that in many countries, parliaments have been suspended due to the state of emergency, and decisions can be made without public oversight, as is precisely the case in the Republic of Srpska. This creates a risk of abuse, and in such circumstances, the role of whistleblowers, i.e., individuals who report corruption, as well as all those who point it out, including the media, is of key importance. They serve as a corrective mechanism for authorities in the conditions of a severe health crisis, where citizens' right to life may depend on whether they have accurate information. Healthcare workers, as well as others (traders, journalists, drivers, utility workers, etc.) who are on the front lines in the fight against the pandemic, must be protected and must be given the right, like all citizens, to point out abuses, corruption, or threats to public health. 

TI BiH specifically calls on the authorities in the Republic of Srpska and all public officials in BiH not to use repressive measures against citizens, such as regulations that prohibit and punish causing panic and public disorder, but rather to invite citizens to share with the public and institutions all observed irregularities, abuses, and threats to public health. TI BiH reminds that the Republic of Srpska has adopted the Law on the Protection of Persons Reporting Corruption, which guarantees these individuals special legal protection, and that they must not be subjected to persecution if they decide to report corruption related to the fight against the COVID-19 pandemic. TI BiH calls on the President of the Republic of Srpska to withdraw the Decree with the force of law prohibiting the causing of panic and disorder during the state of emergency, because there are sufficient grounds in the legislation to punish and prosecute irresponsible individuals. The provision that prohibits „preventing and significantly obstructing the implementation of decisions and measures of state bodies, other institutions and organizations exercising public authority“ is imprecise, overly broad, and can be used for political persecution and intimidation.

TI BiH notes that the Constitution of the Republic of Srpska stipulates that the President of RS cannot suspend the right to freedom of expression and opinion while the state of emergency lasts.