În derulare – APADOR-CH

Whistleblowing the police horn for democracy

16/01/2024/in În derulare /by Rasista

Between January and December 2024, APADOR-CH will contribute to amending the legislation and practice of the police and gendarmerie, for the inclusion and recognition of the role of whistleblowers in the proper functioning of the two institutions.

In 2021, a study on the status of whistle-blowers in Romania showed that the legal framework of the Romanian Police and Gendarmerie as well as their internal regulations forbid the public communication of anything that may “damage the image of the institution”. For years, this has allowed the disciplinary sanctioning and even dismissal of police officers who have publicly criticized certain deficiencies related to the activity and organization of the police/gendarmerie on grounds that their revelations have negatively affected the institution’s prestige.

Despite mass media as well as civil society organizations exposures, this practice continues to happen although both the old whistle-blower legislation as well as the new law provide that employees who make disclosures in the public interest cannot be held accountable for disclosures of violations of the law made in good faith. Leaders of police trade unions claim they are particularly targeted and vulnerable to management abuse, in order to “set an example” and discourage future whistle-blowers.

Following a national tragedy, in august 2023, the newly appointed Minister of Internal Affairs announced a Police reform which would enhance its accountability and integrity. Currently, both the Police and Gendarmerie laws are subject to public debate at the government level and will be sent to the Parliament in the months that follow. This represents a favourable political context for civil society advocacy to amend these laws in order to make them compliant with the EU Directive 2019/1937 on the protection of whistle-blowers, to monitor their practical implementation and to raise awareness- through trainings for police officers and gendarmes- on the procedures and protection measures they provide.

The general objective of this project is to contribute to corruption prevention and increased accountability in two law enforcement agencies in Romania: The Police and the Gendarmerie:

Promote the correct transposition and implementation of the EU 2019/1937 Whistleblower Directive at the level of the Romanian Police and Gendarmerie
Increase the level of knowledge and understanding of the role of whistleblowers at the level of the Romanian Police and Gendarmerie, in cooperation with independent national whistleblowing authorities and public order training institutes

Legal analysis will be carried out on the compliance of Law 360/2002 on the statute of the police officer and Law 80/1995 on the status of military personnel (including Gendarmerie) with the new law on the protection of whistle-blowers. This legal analysis will be used to advocate for the amendment of the two laws during the 2024 Parliamentary legislative process and also during advocacy meetings with the Romanian Police, the Ministry of Internal Affairs, the Gendarmerie and MPs (at least 6 bilateral meetings, both in Bucharest and Timisoara). â

APADOR-CH will also monitor the practical implementation of whistleblowing rules and procedures in all police stations throughout the country and at the level of the Ministry of Internal Affairs. In this regard, an implementation analysis document will also be carried out. The conclusions and recommendations of the analysis as well as the project activities will be discussed during a Bucharest roundtable final event (with the participation of at least 20 offline stakeholders).

Two trainings will be carried out for 60 police officers and gendarmes in Bucharest and Timisoara. The organization and delivery of these trainings will be done in cooperation with the Institute for Public Order Studies (ISOP) as well as the National Integrity Agency (ANI)-the designated national whistleblowing authority which acts both as an external reporting channel as well as resource centre for whistle-blowers). Trade union leaders as well as women police officers will be particularly targeted by these trainings.

This is the journal of the project.

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or The Netherlands Helsinki Committee.

Neither the European Union nor the granting authority (the NHC) can be held responsible for them.

#EUfunded #NHC #CatalystofChange #EUValues

Protecting Freedom of Expression by Supporting ECtHR Implementation

29/09/2023/in În derulare /by Rasista

We are thrilled to announce our cooperation with the European Implementation Network (EIN) in their new project focused on safeguarding freedom of expression in the Council of Europe member States. As a participant to this project, we are dedicated to promoting this fundamental right and the effective implementation of the relevant judgments of the European Court of Human Rights, as well as to advocating for reforms aimed at effectively protecting free speech in Romania.

Violations of the right to free speech have become central to the crisis of democratic backsliding in European States. We witness the healthy functioning of democracies being undermined, and sometimes curtailed, by a combination of factors, depending on the jurisdiction, such as draconian defamation laws silencing journalists through court proceedings, the undermining of free debate through excessive ownership of media outlets by the State or its affiliates, and even widespread violence against reporters.

To address these pressing issues, the ECtHR has already issued about 300 leading judgments that identify violations of the right to free speech. However, it is alarming to note that at the time of writing, 50% of the leading free speech judgments handed down by the ECtHR in the last 10 years are still pending implementation. Currently, there are more than 100 leading ECtHR judgements on free speech awaiting implementation.

Together with EIN and other partners, we are committed to championing freedom of expression and upholding democratic values throughout Europe. By actively engaging with the implementation process of ECtHR judgments, we aim at creating lasting reforms that protect and promote free speech across the continent. Stay tuned for updates as we work towards a more inclusive and democratic society.

*photo

NED – Strengthen the resilience of civil society in East Europe

17/01/2022/in În derulare /by Rasista

This project aims to strengthen the resilience of civil society organizations in Central Europe. In 2022-24, the Poland-based Helsinki Foundation for Human Rights and its partners APADOR-CH and Hungarian Helsinki Committee will utilize renewed NED funds to convene a series of trainings which will aim to strengthen the resilience of civil society in Poland, Romania and Hungary.

The project will allow the program partners to reflect on the experience gained by each organization in its country, and share the lessons learned with the groups in the other countries, before the 2024 elections.

The program will also be an exchange of observations, best practices and experiences on how civil society efforts can play a crucial role in defending and strengthening democratic processes.

Each of the three program partners will convene a series of training sessions tailored to address the needs of their staff, as well as the needs of other human rights organizations with which they network and cooperate in their own countries.

In particular, APADOR-CH will conduct three series of trainings such as: trainings that will explore fundraising opportunities for NGOs in Romania, and will educate the participants about EU law mechanisms, and the Citizens, Equality, Rights and Values program, trainings that aim to improve the communications skills of civil society representatives from several partner organizations or training that will focus on helping civil society to prepare for cyber-attacks, while helping them to improve cybersecurity procedures in their own organizations.

Archive for category: În derulare

Between January and December 2024, APADOR-CH will contribute to amending the legislation and practice of the police and gendarmerie, for the inclusion and recognition of the role of whistleblowers in the proper functioning of the two institutions.