Organized by the Ministry of Justice, Public Administration and Digital Transformation, the National Contact Point for Responsible Business Conduct (NCP), and the International Chamber of Commerce (ICC Croatia), the conference “Together for Integrity – Synergy of the Business Sector and Public Administration in Combating Corruption” was held on 6 December 2024.
As a panelist in the discussion dedicated to the Whistleblower Protection Act (WPA), one of the key tools for preventing corruption, Deputy Ombudswoman Dijana Kesonja presented the work of the Office of the Ombudswoman, with a focus on its mandate to protect whistleblowers—a role closely linked to the area of anti-corruption.
She highlighted that, under the Whistleblower Protection Act, the Office of the Ombudswoman is designated as the competent authority for external reporting of irregularities. Within this mandate, the institution receives reports of various irregularities in both the private and public sectors, including allegations of retaliation faced by whistleblowers due to their reporting. She also explained the role of the institution in cases of internal reporting and public disclosure of irregularities.
Speaking about the implementation of the WPA in the private sector, Deputy Kesonja noted that internal reporting is more frequently used in the private sector, while whistleblowers employed in the public sector more often choose to report irregularities to the Ombudswoman as an external reporting channel.
She also pointed out specific challenges in the implementation of the WPA, some of which are particular to the business sector, while most are also relevant to the public sector. These include the failure to adopt a general act on internal reporting and the appointment of a confidential person, failure to appoint a confidential person or their deputy, lack of consent for performing the function of a confidential person, insufficient knowledge of the WPA itself, lack of adequate working conditions for confidential persons, lack of appropriate cooperation between employees and employers with the confidential person, as well as cases where some confidential persons face retaliation from employers due to their handling of reports.
She also referred to the specific situation of some multinational companies that already have established whistleblowing systems, including online platforms, which need to be aligned with the manner of establishment and functioning of the internal reporting channel as prescribed by the WPA. This includes the mandatory content of the report, which must include data on the whistleblower, as well as the requirement for a confidential person to be appointed in accordance with the law. All of this serves to build trust among potential whistleblowers in the protection of their rights and the effectiveness of the internal reporting process.
She emphasized that there is room for improvement in understanding the Act itself. For this reason, the Office of the Ombudswoman has, among other things, organized a series of free seminars to educate confidential persons and their deputies, many of whom come from the private sector, with the aim of enhancing their understanding of rights and obligations in implementing internal reporting procedures and protecting whistleblowers.
Additionally, the Office of the Ombudswoman has prepared a Guide for Whistleblowers that explains the legal framework and facilitates the application of the WPA. It is intended not only for whistleblowers but also for confidential persons, employers, lawyers, judges, providers of free legal aid, trade unions, and others.
The conference is part of a continuing series of discussions on this topic aimed at raising awareness of the harmful effects of corruption, the necessity of its prevention and suppression, as well as existing reporting channels and mechanisms for whistleblower protection. Similar discussions have previously been held in Varaždin, Split, Rijeka, and Osijek.