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Description
Through this initiative, Transparency International Estonia will create the Advocacy and Legal Advice Centre (ALAC) to provide free legal advice using safe channels and the help of pro bono law firms to people who are considering reporting or have experienced retaliation due to reporting. Without reporting fraud and corruption, wrongdoing continues and indirectly damages the entire society.
Operating ALAC through a trusted NGO such as TI Estonia, the awareness of how to report safely will increase. Through TI Estonia’s strategic litigation in important cases, the case law will improve the protection of whistleblowers. This is vital as after the adoption of the new law in 2021, TI Estonia can influence court precedence and give statistics-based input to the legal framework on whistleblower protection.
To guarantee ALAC’s financial sustainability, TI Estonia will use already existing networks with high growth potential such as the Business Integrity Forum and organizations that participate in its trainings program. TI Estonia’s advocacy will become highly informed and the chapter more citizen-centered thanks to reports received by ALAC. Because of the way how ALAC is set up and the knowledge it provides, more stakeholders will participate in the third sector, society will become more transparent and rule of law in Estonia will improve.
Summary of project results
The aim of the project is to provide independent counseling to citizens and whistleblowers—those reporting misconduct—to ensure safe and informed reporting, assist in cases of retaliation, and increase citizen engagement in reporting violations.
Reporting misconduct is often associated with certain negative consequences for the whistleblower. However, if whistleblowing does not occur, transparency decreases, fraud and corruption continue with impunity, and democratic values such as the rule of law and equal opportunity are ultimately harmed. The EU corruption survey (Special Eurobarometer 502: Corruption, December 2019) has identified the following barriers to whistleblowing:
- Lack of protection for whistleblowers (24%)
- Uncertainty about where to report (22%)
- Perception that reporting is not worth it (19%)
- Everyone knows about the cases, but no one reports (14%)
To address these issues, an information and advisory center will be established under KVE. Pre-counseling will be conducted by KVE staff via phone, ensuring full confidentiality or anonymity using the GlobaLeaks platform. Additionally, lasting partnerships will be formed with selected law firms, which will provide pro bono legal counseling.
In spring 2023, Advocacy and Legal Advisory Center (ALAC) focusing on whistleblowers was opened at KVE, offering services in both Estonian and English. Currently, the center’s operations and whistleblower rights are limited because Estonia has yet to adopt the Whistleblower Protection Act. Despite this, the center is actively working to listen to, analyze, advise, and confidentially assist whistleblowers in addressing their concerns and issues until the legislation is enacted.
By analyzing whistleblower reports, the center provides:
- General information about whistleblower rights and obligations depending on the sector, organization, nature of the violation, legal framework, deterrent measures applied, etc.
- Guidelines for seeking official information and preventing situations prone to corruption.
- Advice on where to report specific cases (e.g., employer, relevant authorities, media) and how to report safely.
- Instructions for drafting case reports.
The KVE website also offers general information on safe reporting, the purpose and potential consequences of whistleblowing, confidential vs. anonymous reporting, notifying employers and the public, and considerations after reporting.
Reports can be submitted via a secure GlobaLeaks platform, allowing users to clarify their questions, attach files, and more without revealing their identity. Through its advisory services, the center gains an overview of the state of whistleblowing in the country. Maintaining statistics provides insight into systemic issues in Estonia and the rule of law, as well as gaps in supporting citizens in protecting their rights.
In the long term, whistleblowing in Estonia is expected to become a supported and encouraged activity, strengthening democratic culture and increasing citizen engagement in timely reporting of violations.
The center has consistently engaged in advocacy and provided input for the Whistleblower Protection Act.
Additionally, the e-course "Whistleblowing Measures: E-Course for Practitioners" has been updated with new materials and structure. The course aims to raise awareness among companies about whistleblowing and whistleblower protection. Upon completing the course, participants will be prepared to implement whistleblowing mechanisms within their organizations.
In collaboration with the Nordic Business Ethics Initiative, the Nordic Business Ethics Survey 2022 was conducted, focusing on employee perspectives on business ethics. For the first time, the survey included Estonian employees, providing valuable input for training and communication efforts (e.g., interviews, opinion pieces, promoting a reporting culture) targeting the public, policymakers, and the private sector.
Efforts to promote business ethics have also been directed toward strategic partnerships and deeper collaboration with the Ministry of Justice to effectively, purposefully, and with state support advance the goals and tasks of the Network for Honest Business and the national anti-corruption action plan.
Thanks to advocacy informed by ALAC’s (Advocacy and Legal Advice Center) counseling, KVE is becoming a more citizen-focused and impactful civil society organization. The ALAC model facilitates the involvement of an increasing number of stakeholders in the activities of KVE, and the changes informed by this model enhance societal transparency and strengthen the rule of law in Estonia.
In the long term, whistleblowing in Estonia will become a supported and encouraged activity, further strengthening democratic culture and increasing citizen engagement in the timely reporting of violations.
Collaboration with the private sector through the Network for Honest Business and related training programs directly promotes business ethics in Estonia and whistleblowing mechanisms. This helps whistleblowers report misconduct safely within their workplaces, addressing issues at their root. As a result, fewer situations arise where whistleblowers must seek protection through courts, labor dispute committees, or the media.