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Order 59: Protection and fair Incentives for Government Whistleblowers

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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


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.

CPA/ORD/1 June 2004/59


Section 3
Remedies and Procedures


1) Persons who violate Section 2 of this Order by taking an Adverse Action
against government employees or government contractors who report
Government Wrongdoing or cooperate with, or report to, institutions charged
with investigating and exposing corruption and official wrongdoing in Iraq
shall:

a) be liable to the aggrieved government employee or government
contractor for money damages and any other relief deemed necessary
by a court of competent jurisdiction to make an aggrieved government
employee or government contractor whole, including reinstatement of
employment with back pay; and/or

b) be liable for criminal sanction in accordance with all applicable laws,
regulations, and standards of procedural due process.

2) Government employees or government contractors alleging a violation of
Section 2 of this Order must, within 90 days of the Adverse Action, file an
Initial Complaint with the Inspector General appointed to their relevant
ministry unless the Complaint relates to actions taken by a minister or the
Inspector General. The Commission on Public Integrity shall promulgate
procedures and regulations which permit Inspectors General to receive and
investigate such Complaints. These procedures and regulations shall
require Inspectors General to issue a Final Report that analyzes the merits
of any Complaint within 60 days of filing and recommends whether: (i) to
dismiss the Complaint, (ii) to pursue civil and/or criminal charges in a court
of competent jurisdiction consistent with Section 3.1(b) of this Order, or

(iii) to take any other action deemed necessary under the particular facts
and circumstances so long as such action is consistent with the law and due
process.
3) Upon issuance of a Final Report, the Inspector General must forward it
(and all accompanying records and files generated to create the Final
Report) to the Commission on Public Integrity. The Commission on Public
Integrity shall independently review the Final Report, records, and file and
determine whether to adopt the Final Report in full, modify, wholly or
partly reject, or resubmit the Final Report to the Inspector General with
instructions. In the event the Complaint is dismissed, the aggrieved
government employee or government contractor may bring a civil action in
a court of competent jurisdiction seeking appropriate judicial relief. The
court in such a case may consider the findings and analysis contained in the

CPA/ORD/1 June 2004/59


Final Report, as well as any additional findings and analysis rendered by
the Commission on Public Integrity.

4) If the Inspector General fails to issue a Final Report within 60 days after the
Complaint’s filing, or the Commission on Public Integrity fails to make any
determination about whether to adopt, modify, reject, or resubmit the Final
Report within 30 days after its receipt, and there is no showing that such
delays are due to the bad faith of the claimant, the claimant may (within 30
days after the passage of either deadline) bring a civil action in a court of
competent jurisdiction seeking appropriate judicial relief. The institution of
any such civil action under this paragraph shall not prejudice the Inspector
General from continuing its investigation and submitting its Final Report to
the Commission on Public Integrity. The institution of any civil action
under this paragraph shall not prejudice the Commission on Public Integrity
from dismissing the Complaint, pursuing criminal penalties (as permitted
under Sections 3 and 4 of this Order and Section 4 of Annex A to Order
No. 55) against persons who violate Section 2 of this Order, or taking any
other action deemed necessary under the particular facts.

5) The Commission on Public Integrity shall also promulgate procedures and
regulations for receiving and investigating Complaints that relate to actions
taken by ministers or Inspectors General. The regulations promulgated
shall require the Commission on Public Integrity to analyze the merits of
such Complaints and to issue a Final Report within 60 days of filing. Upon
issuance of the Final Report, the Commission on Public Integrity shall: (i)
dismiss the Complaint, (ii) pursue civil and/or criminal charges in a court of
competent jurisdiction consistent with Section 3.1(b) of this Order, or (iii)
take any other action (not including criminal or civil relief available in a
court of competent jurisdiction) deemed necessary under the particular facts
and circumstances so long as such action is consistent with law and due
process. In the event the Complaint is dismissed, the aggrieved
government employee or government contractor may bring a civil action in
a court of competent jurisdiction seeking appropriate judicial relief. The
court in such a case may consider the findings and analysis contained in the
Final Report.

6) If the Commission on Public Integrity has not issued a Final Report within
60 days after the filing of a Complaint that relates to actions taken by a
minister or an Inspector General and there is no showing that such delays
are due to the bad faith of the aggrieved government employee or
government contractor, then the aggrieved government employee or
government contractor may bring a civil action in a court of competent
jurisdiction seeking appropriate judicial relief. The institution of any such

CPA/ORD/1 June 2004/59

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).