COALITION PROVISIONAL AUTHORITY ORDER NUMBER 59
PROTECTION AND FAIR INCENTIVES FOR
GOVERNMENT WHISTLEBLOWERS
Pursuant to my authority as Administrator of the Coalition Provisional Authority, under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolutions 1483 and 1511 (2003),
Reconfirming the principles set forth in CPA Order Nos. 55, 57, and 77, which
established, respectively, the Iraqi Commission on Public Integrity, the Inspectors General for individual ministries, and the Iraqi Board of Supreme Audit,
Avowing to protect the rights of every Iraqi to expose government corruption and
wrongdoing by contacting and cooperating with these institutions,
Committed to providing meaningful avenues for the Iraqi people, individually and
collectively, to hold government leaders and institutions accountable without fear of repercussion or retribution,
Determined to restore trust and confidence in the honesty and integrity of public officials at all levels of government, and to ensure that public offices in Iraq are truly public trusts of the Iraqi people,
Recognizing that the CPA is committed to the effective administration of Iraq, and that building the Iraqi capacity to fight corruption contributes to civilian administration,
I hereby promulgate the following:
Section 1
Purpose
This Order promotes active enforcement of anti-corruption laws by
encouraging eyewitnesses to illegal activity, such as corruption or misuse of
public resources, to contact and communicate with appropriate institutions in
order to hold accountable those who abuse the public trust. The Order rests on
the established principle that secrecy is the breeding ground for corruption and
thus protects the right of every Iraqi to vigorously expose official wrongdoing
at all levels of government in Iraq.
CPA/ORD/1 June 2004/59
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Section 2
Prohibitions on Retaliation
1) No government employee or government contractor shall be discharged, demoted, transferred, threatened, intimidated, discriminated against, harassed, and/or otherwise retaliated against in any way (“Adverse Action”) for reporting what he or she reasonably believes to be a violation of any law, rule, regulation, the Code for State Employees and Social Sector Discipline, Resolution No. 144, gross mismanagement, a gross waste of funds, an abuse of authority, a substantial and specific danger to health or safety, or any other “Corruption Case” as defined in Section 2.4 of Annex A to CPA Order No. 55 (CPA/ORD/27 January 2004/55), establishing the Commission on Public Integrity (collectively “Government Wrongdoing”).
2) No Adverse Action shall be taken against any government employee or
government contractor who cooperates with an investigation of or provides
information to the Commission on Public Integrity, the Inspectors General of
individual Ministries, the Board of Supreme Audit, or any other government
entity charged with investigating and exposing evidence of illegal activity, public corruption, or official wrongdoing.
3) Sections 2.1 and 2.2 of this Order shall apply to Adverse Actions taken after
the date this Order enters into force.
4) The provisions of Sections 2.1 and 2.2 shall not apply if the government can
demonstrate that the decision to take the Adverse Action was not influenced in
any way by the government employee’s or government contractor’s decision to
report any Government Wrongdoing or to cooperate with or report information
to any government entity charged with investigating and exposing evidence of
illegal activity, public corruption, or official wrongdoing.
5) The provisions of Sections 2.1 and 2.2 shall not apply to persons who
knowingly disclose false information or make false reports, make reports or
disclose information that (from an objective viewpoint) is clearly untrue, or
who make reports or disclose information about matters which by law cannot
be reported or disclosed.
6) It shall be the government’s burden to demonstrate that a person is not entitled to the protections of Sections 2.1 and 2.2 of this Order.