Ulaanbaatar, April 5, 2023 /MONTSAME/. The draft Law on the Legal Status of Whistleblowers was presented to representatives of the media and civil society on April 04 at the State Palace.

“A survey result shows that a positive social psychology for whistleblowing has been created. Therefore, it is necessary to ensure the legal status of whistleblowers," said Chairman of the State Great Khural G. Zandanshatar.

State Secretary of the Ministry of Justice and Home Affairs P. Sainzorig presented the concept of the draft Law, the use of the term "whistleblower" in international standards, some cases of whistleblowing for public welfare in Mongolia and other countries, and regulations under this Law. In his presentation he said, "The draft Law was submitted by the Government, and prior to that, laws supporting whistleblowing had been approved and implemented. For example, in 2018, the Package Laws on Registration was approved, and various types of information were made public, which stimulated the detection of illegal activities. In this context, Mongolia issued medium and long-term policy documents. Most recently, the Government declared this year the "Year to Combat Corruption" and announced five "W" Campaign.

In the world, 27 countries have adopted laws on the legal status of whistleblowers. There are countries that have implemented effective regulations to protect the rights of whistleblowers. For example, the Netherlands uses mechanisms such as providing accommodation and operating a website for whistleblowers. The pioneering whistleblower laws originated in the United States. In this way, each country adopts and implements its own laws and regulations.

The draft Law includes issues such as who is a whistleblower and how to give rewards. In drafting the Law, in addition to fighting corruption and profiteering, they also took into consideration the public health, environment issues, consumer interests, fair competition, and business ethics. For example, when school starts, Mongolian children's immunity deteriorates due to the use of low-quality materials for painting classrooms and desks in schools. Therefore, the concept of whistleblowing should not be considered only in terms of corruption and interests. In other words, it is necessary to include all the problems in the society.

Whistleblowing is the disclosure of primary information, while disclosing information from a transparent account is not whistleblowing. Actions taken for public goodness will be considered whistleblowing. Whistleblowers can submit their documents to the Independent Authority Against Corruption, National Commission of Human Rights, Authority for Fair Competition and Consumer Protection, police and customs authorities. Therefore, a shared database will be established among these institutions. It will be clear who, how, when used and where transferred the data. Reporting can be done through journalists. However, the journalist can keep the source of the information confidential.

In real life, the person who leaked the information would be fired, transferred to another job, "cornered" by the media, as well as their salary reduced and family members pressured. Therefore, regulations for protecting whistleblowers have been reflected in the Law draft. As for monetary incentives, it ranges from MNT 100,000 to 1.5 billion. The money will not be given immediately. After investigating the whistle-blowing information and resolving it, the incentives will be given when the fine went to the state budget.