| 48 |
Are employees protected from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? |
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48a:
In law, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
YES |
NO |
 |
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Comments: Whereas it is not specifically defined for whistle-blowing public servants, Article 20 guarantees protection for witnesses of corruption.
References: The Law for Preventing Corruption, Article 20.
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48b:
In practice, civil servants who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Toshe Zafirov, Project Assistant, Institute for Social Democracy- Progress, Aug. 24, 2009, Skopje.
Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.
Peer Review Comments: There are many cases in which public-sector whistleblowers are able to come forward without negative consequences, but in most cases, whistleblowers are punished by unofficial means.
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48c:
In law, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
YES |
NO |
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Comments: Whereas it is not specifically defined for the whistle-blowing private sector employees, Article 20 guarantees protection for witnesses of corruption.
References: The Law for Preventing Corruption, Article 20.
Peer Review Comments: I am not sure that the employees know this law and their rights.
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48d:
In practice, private sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are protected from recrimination or other negative consequences.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: They are protected, but not enough; after reporting they can be affected by different administrative procedures.
References: Interview with Toshe Zafirov, Project Assistant, Institute for Social Democracy- Progress, Aug. 24, 2009, Skopje.
Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.
Peer Review Comments: Private-sector employees who report cases of corruption, graft, abuse of power, or abuse of resources are afraid to make such cases in public because they do not believe in protection by public institutions.
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| 49 |
In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption? |
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49:
In law, is there an internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption?
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| Score: |
YES |
NO |
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Comments: Only national or local reporting systems have been established, but there are no internal mechanisms in place.
References: THe Law for the Prevention of Corruption.
Peer Review Comments: The government has opened a corruption hotline; citizens can call and report corruption.
Peer Review Comments: The government (Ministry for Defense, Ministry for Internal Affairs) opened a free phone line for reporting corruption for all public institutions.
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| 50 |
In practice, is the internal mechanism (i.e. phone hotline, e-mail address, local office) through which civil servants can report corruption effective? |
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50a:
In practice, the internal reporting mechanism for public sector corruption has a professional, full-time staff.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: Interview with Toshe Zafirov, Project Assistant, Institute for Social Democracy- Progress, Aug. 24, 2009, Skopje.
Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.
Peer Review Comments: A few employees of the Ministry for Internal Affairs operate the hotline.
Peer Review Comments: The corruption cases can be reported on the free phone line or with the State Commission for Preventing Corruption.
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50b:
In practice, the internal reporting mechanism for public sector corruption receives regular funding.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: I scored Indicator 49 "No."
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50c:
In practice, the internal reporting mechanism for public sector corruption acts on complaints within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: There is an anti-corruption agency that reacts in a reasonable time, depending on the case, but this agency is not the internal mechanism (i.e., phone hotline, e-mail address, local office) through which civil servants can report corruption. Instead, the agency reacts post factum.
References: Interview with Toshe Zafirov, Project Assistant, Institute for Social Democracy- Progress, Aug. 24, 2009, Skopje.
Interview with Ilija Talev, Ph.D. Candidate, University of Pisa, expert on corruption, Aug. 14, 2009, Skopje.
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50d:
In practice, when necessary, the internal reporting mechanism for public sector corruption initiates investigations.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments:
References: I scored Indicator 49 "No."
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