- Keep the whistleblowers’ disclosures confidential
The NACC, including its members and staff, and any other person, are prohibited by law from disclosing the name and identity of the whistleblower without the latter’s prior consent. This prohibition remains in effect even after the case has been referred to the competent judicial or disciplinary authorities. However, if the whistleblower agrees to be identified, the NACC may include their name as witness on the list of witnesses referred to the competent authorities.
Any breach of confidentiality subjects the person responsible to criminal prosecution.
- Take appropriate decisions to protect whistleblowers, both professionally and personally
A person who discloses information about past, present or future acts or omissions which they believe relate to, indicate, or prove corruption, is eligible for the protection benefits provided for by law, on condition that they report exclusively to the NACC in accordance with the principles specified in the law. The law empowers the NACC to provide professional/career and personal/physical protection to whistleblowers.
The NACC’s decision to protect a whistleblower is taken either routinely or in response to the whistleblower’s request. It takes effect from the date of the whistleblower’s submission of their report. The NACC conducts an appropriate investigation and verifies the existence of a causal relationship between the whistleblower’s disclosure and the acts of retaliation that they might suffer in consequence of such disclosure. The NACC may summon and hear all parties concerned who, in turn, are expected to appear and cooperate.
Protection from Acts of Retaliation in the Professional Office/Career
Where the whistleblower is a public sector employee, the NACC directs their application for protection to the Civil Service Council or the competent administration to rectify the situation and restore the status quo. The competent administration looks into the application and informs the NACC of its decision within one month of receiving said application in the form of a reasoned confidential letter.
However, where the whistleblower is a private sector employee and the NACC finds the application for protection against acts of retaliation in the professional office/career legitimate, the NACC issues a report, upon the request of the injured party, indicating the causal relationship between the whistleblower’s report and the acts of retaliation that they might suffer in consequence of such report. The NACC may as well offer compensation for damage which, in cases of arbitrary dismissal, will be estimated at between twelve and twenty-four months’ salary. The Labor Arbitration Council relies on this report in the lawsuit filed by the aggrieved whistleblower.
In either case, the whistleblower will have the right to refer to the competent court within two months of being notified of the NACC’s decision on the causal relationship between their report and the acts of retaliation that they might suffer in consequence of such report.
Protection from Physical Harm
The NACC may, either routinely, or at the request of any interested party, request the competent public prosecution office or competent security forces to take appropriate security measures to protect the whistleblower and any of their family members or employees, or any experts and witnesses who are found in need of personal/physical protection from actual or feared pressure or retaliation acts. The public prosecution office and the security forces must respond to the NACC request as soon as received with the means at their disposal.
- Whistleblower Rewards and Aid
The NACC may grant rewards and/or aid to a whistleblower in either of the following two cases:
- If the whistleblower’s disclosure allows the concerned administration to obtain financial or material gains, such as collecting fines and recovering assets.
- If the whistleblower’s disclosure results in sparing the administration material loss or damage.
The NACC may decide to provide a whistleblower who sustains material or personal damage as a result of their disclosure with adequate legal or financial aid, upon their request.
Whistleblowers who participate in any way or form in the reported corruption are not eligible for rewards and/or aid.
- When necessary, a complaint may be filed with the competent disciplinary or judicial authority against:
- Any person who retaliates against the whistleblower, whether in their professional office/career or otherwise.
- Persons who refuse to cooperate with the NACC fact-finding and investigations into uncovered corruption crimes.
The head of an investigating agency who, without justifiable grounds, and despite being duly warned, refuses to conduct the investigation requested by the NACC and exceeds the time limit specified for it in the NACC’s request.
