Maia Bănărescu mentioned in the interview that since the entry into force in November 2018 of Law no. 122 on whistleblowers, through which the People’s Advocate was invested with the attribution of protection of whistleblower, the People’s Advocate Office registered 11 claims on protection. All – were accepted for examination.
Till now, only one case has been resolved, in a few others – the examination procedure has ceased. In 5 cases the PAO recommendations were not implemented and the whistleblowers challenged the sanctioning orders in court. The People’s Advocate intervened in the process to submit conclusions in order to defend the rights, freedoms and legitimate interests of persons. In a case that reached the Supreme Court of Justice, the SCJ ruled in favour of the employer.
The People’s Advocate pointed out that in most cases the reinstatement of whistleblowers was and is a difficult and lengthy process. Maia Bănărescu stated that, following the experience of almost 3 years of granting the protection of whistleblowers by the People’s Advocate Office, it is noted a low degree of acceptance in society of the whistleblower institute, an ignorance of the protection mechanism of persons who issued whistleblowing, the low degree of implementation of the People’s Advocate’s recommendations, and frequently handling the case as classic labour relations or disputes.
In the opinion of the People’s Advocate, there is a different interpretation of Law no. 122, of the procedures established in it, the competences of the institutions referred to in the law and the degree of their involvement by different actors that are or may be involved in its implementation, or in monitoring its application in practice.
If the mechanisms for the protection of whistleblowers were known, then the recommendations of the People’s Advocate would be accepted, the judges would examine some statement of claims according to the Law 122 and not only in terms of the Labour Code, said Maia Banarescu. The Ombudsman also believes that the importance and effect of the Law on whistleblower is not yet fully realized, which reason its provisions are rarely used.
Maia Bănărescu considers that it is also very important that the disclosures should be carefully examined by the responsible institutions, so that the whistleblower mechanism not to be treated formally.
The People’s Advocate is of the opinion that it should be strengthened, especially in the conditions in which the authorities propose decisive actions to eradicate corruption at the level of specialized public authorities and institutions, as well as the efficiency of investigating acts of corruption. In these political realities, the mechanism of whistleblowers could be a collateral one from active and socially responsible citizens. That is why it can and must be strengthened and promoted, including by improving the legal framework.
The full interview can be accessed here: (https://www.ipn.md/en/whistleblowers-between-practice-and-grammar-ipn-interview-with-ombudswoman-for-7978_1084256.html)
Department of Human Rights
Promotion and Communication
Tel: 060002656
