Draft a bill on the protection of whistleblowers (CI0058)

Brief description of the commitment

- Côte d'Ivoire's existing legal system provides for the protection of whistleblowers, victims, experts and witnesses. - It should be recalled that Côte d'Ivoire has put in place a system to protect certain people who report breaches of the law (Act No. 2018-570 on the protection of witnesses, victims, whistleblowers, experts and other persons concerned) and a National Office for the Protection of these persons. However, it has been noted that there is no specific law on the protection of whistleblowers that takes account of reports that may occur in the workplace and which can and must be dealt with internally. It is therefore necessary to provide a protection mechanism for people who decide to report any irregularities. - Côte d'Ivoire plans to strengthen its existing legal arsenal, which will be consolidated by a mechanism to protect whistleblowers through the drafting of a preliminary bill and a guide.

1. What problem does the commitment aim to address?

- The culture of silence ; - Denunciation equated with tattling ; - The solidarity of professional groups; - Impunity; - Fear of reprisals; - Lack of protection; - Political will; - Social stigmatisation; - Lack of awareness. 2. What are the causes of the problem? The absence of a specific mechanism to protect whistleblowers: The limitations of the system for protecting people from threats or reprisals in the workplace, which discourages whistleblowers from reporting wrongdoing and runs the risk of wrongdoing persisting in public and private organizations and in the workplace in general. Description of commitment 1. What has been done so far to solve the problem? Côte d'Ivoire has adopted measures to protect whistleblowers (Articles 67 to 71 of Ordinance 2013-660 on preventing and combating corruption). Article 67 lays down a legal obligation to denounce corruption on pain of prosecution. In return, the law provides for the protection of persons who report acts of corruption and similar offences from any threats or reprisals. A specific law on the protection of whistleblowers (Law No. 2018-570 on the protection of witnesses, victims, whistleblowers, experts and other persons concerned) has been passed to consolidate this system. In addition, several workshops and discussion forums have been Organized with a view to providing Côte d'Ivoire with a law on whistleblowers and a guide for whistleblowers. 73

2. What solution do you suggest?

- Draw up a preliminary draft law on whistleblowers, including tools and mechanisms to support and facilitate its implementation. - Organize a bipartite HABG- MJDH session on the concept of whistleblowers; - Organize a workshop to familiarise people with the concept of whistleblowers and its impact on the mechanism for protecting people who report acts of corruption; - Organize 03 workshops to draft and validate a practical guide for whistleblowers; - Publish the practical guide for whistleblowers; - Disseminate and disseminate the guide to target stakeholders; - Organize three (03) workshops to draw up the preliminary draft law on whistleblowers; - Organize a national seminar to validate the preliminary draft law on whistleblowers; - Forward the draft bill to the government. The law will make it possible to take account of whistleblowers in the workplace who benefit from mechanisms or arrangements that take care of them, protect their identities and physical integrity from any threat and avoid reprisals in the workplace. The guide is intended to complement the existing mechanism for protecting people who report wrongdoing in Côte d'Ivoire, in accordance with the Conventions on preventing and combating corruption. Follow-up by the High Authority for Good Governance (HABG) after the drafting of the Whistleblowers Bill is a crucial step in ensuring its adoption by the Government. This follow-up must be structured and proactive to ensure that the law is not only adopted, but also effectively implemented. Active engagement and close collaboration with all stakeholders will help to create an environment conducive to the protection of whistleblowers and the promotion of transparency and good governance in Côte d'Ivoire.

3. What results do we want to achieve by implementing this commitment?

- A draft bill on the protection of whistleblowers has been drawn up, together with a practical guide for whistleblowers; - The system for reporting reprehensible acts, more specifically acts of corruption and similar offences, has been strengthened.

1. What problem does the commitment aim to address?

- The culture of silence ; - Denunciation equated with tattling ; - The solidarity of professional groups; - Impunity; - Fear of reprisals; - Lack of protection; - Political will; - Social stigmatisation; - Lack of awareness.

2. What are the causes of the problem?

The absence of a specific mechanism to protect whistleblowers: The limitations of the system for protecting people from threats or reprisals in the workplace, which discourages whistleblowers from reporting wrongdoing and runs the risk of wrongdoing persisting in public and private organizations and in the workplace in general. Description of commitment

1. What has been done so far to solve the problem?

Côte d'Ivoire has adopted measures to protect whistleblowers (Articles 67 to 71 of Ordinance 2013-660 on preventing and combating corruption). Article 67 lays down a legal obligation to denounce corruption on pain of prosecution. In return, the law provides for the protection of persons who report acts of corruption and similar offences from any threats or reprisals. A specific law on the protection of whistleblowers (Law No. 2018-570 on the protection of witnesses, victims, whistleblowers, experts and other persons concerned) has been passed to consolidate this system. In addition, several workshops and discussion forums have been Organized with a view to providing Côte d'Ivoire with a law on whistleblowers and a guide for whistleblowers. 73

2. What solution do you suggest?

- Draw up a preliminary draft law on whistleblowers, including tools and mechanisms to support and facilitate its implementation. - Organize a bipartite HABG- MJDH session on the concept of whistleblowers; - Organize a workshop to familiarise people with the concept of whistleblowers and its impact on the mechanism for protecting people who report acts of corruption; - Organize 03 workshops to draft and validate a practical guide for whistleblowers; - Publish the practical guide for whistleblowers; - Disseminate and disseminate the guide to target stakeholders; - Organize three (03) workshops to draw up the preliminary draft law on whistleblowers; - Organize a national seminar to validate the preliminary draft law on whistleblowers; - Forward the draft bill to the government. The law will make it possible to take account of whistleblowers in the workplace who benefit from mechanisms or arrangements that take care of them, protect their identities and physical integrity from any threat and avoid reprisals in the workplace. The guide is intended to complement the existing mechanism for protecting people who report wrongdoing in Côte d'Ivoire, in accordance with the Conventions on preventing and combating corruption. Follow-up by the High Authority for Good Governance (HABG) after the drafting of the Whistleblowers Bill is a crucial step in ensuring its adoption by the Government. This follow-up must be structured and proactive to ensure that the law is not only adopted, but also effectively implemented. Active engagement and close collaboration with all stakeholders will help to create an environment conducive to the protection of whistleblowers and the promotion of transparency and good governance in Côte d'Ivoire.

3. What results do we want to achieve by implementing this commitment?

- A draft bill on the protection of whistleblowers has been drawn up, together with a practical guide for whistleblowers; - The system for reporting reprehensible acts, more specifically acts of corruption and similar offences, has been strengthened.

1. How will engagement promote transparency?

The whistleblower mechanism will make it possible to make public (internally or externally), under certain conditions, acts or facts that are contrary to the general interest. By reporting a reprehensible act, a person decides to make the facts known to inform employers or the competent authority (internal or external) of irregular conduct or illegal 74 activities likely to occur in the socio-professional environment. It is a transparency tool available to agents and employees of public or private organizations.

2. How will engagement contribute to empowerment?

Whistleblowing is the reporting of activities that constitute a threat or harm to the general interest. It is a duty of vigilance incumbent on every agent or employee of public or private bodies who provides information. People blow the whistle or report reprehensible acts because they are convinced that their actions are likely to stop these acts or that corrective measures are necessary. The Whistleblowers Act will lead to a formalisation and strengthening of the accountability of those in authority. Often it is simply a matter of informing employers of irregular behaviour of which they are unaware and which they hasten to correct. In other cases, whistleblowers may find it necessary to contact regulatory or supervisory bodies, or the relevant law enforcement authorities.

3. How will engagement improve citizen participation in defining, implementing and monitoring solutions?

A dedicated law guaranteeing the protection of whistleblowers will encourage more citizens to report acts of corruption, abuse or rights violations. By feeling secure, citizens will be more inclined to take an active part in denouncing inappropriate behaviour. Secondly, by establishing a clear legal framework, the law will help to strengthen citizens' trust in public institutions. This will foster a climate in which citizens feel listened to and valued for their contributions to governance. In addition, whistleblowing legislation can include mechanisms for public consultation, enabling citizens to become involved in the legislative process. This will give them the opportunity to make their voices heard on issues that concern them directly. In addition, by facilitating feedback on problems encountered in the implementation of public policies, the law will enable citizens to contribute to the identification of practical solutions adapted to local realities. In short, the commitment to draw up a preliminary draft law on whistleblowers is a significant step towards more inclusive and participatory governance, where citizens play an active role in defining, implementing and monitoring solutions to the problems of corruption and bad governance.

Milestones | Expected results | Deadlines

1- Organize a bipartite HABG- MJDH working session on the concept of whistleblowers | The bipartite HABH- MJDH working session is Organized | March 2025

2- Organize a workshop on the concept of whistleblowers and their impact on the protection mechanism for people who report acts of corruption. | The appropriation workshop is Organized | June 2025

3- Organize 03 workshops to draft and validate a practical guide for whistleblowers | The 03 workshops to draft and validate the guide will be Organized from | July to December 2025

4- Organize a workshop on the whistleblower guide | The ownership workshop is Organized | June 2026

5- Publish the whistleblower guide | The guide is published | Dec 2026

6- Disseminate and publicise the whistleblowers' guide | The guide is disseminated and publicised | End 2028

7- Organize awareness campaigns on the whistleblower's guide for target stakeholders | Campaigns will be Organized | End 2028

8- Organize three (03) workshops to draw up the preliminary draft law on whistleblowers | Three (03) workshops will be Organized to draft the preliminary bill. The preliminary draft law will be drawn up from | July to December 2028.

9- Organize a national seminar to validate the preliminary draft law on whistleblowers | The draft bill is validated | End 2028

10- Forward the draft bill to the relevant authorities | The draft bill is forwarded to the relevant authorities | End 2028