Bill 131.

Summary.

The bill establishes protective measures for public servants and private individuals who report, or directly provide relevant information about, possible administrative offenses or financial irregularities affecting public funds or property that may be linked to corruption. It seeks to protect their physical and psychological integrity, property and employment conditions. Protection could extend to relatives within the fourth degree of consanguinity or second degree of affinity when a risk arising from their relationship with the reporting person or witness is demonstrated. It also calls for identifying and controlling the risks those people face.

It places everyone, including public servants, under a duty to report acts that harm the public interest or unlawful acts, without suffering unlawful or unjustified harm. A report must include the reporting person’s identity and contact details, an account of the events and, insofar as known, information identifying those involved and any witnesses; documents may also be submitted. Information or testimony may be provided with the person’s identity withheld or anonymously, and that identity must remain confidential during and after the proceeding. Receiving institutions must provide secure electronic platforms to record, manage and track reports while protecting personal data; written reports and other available methods remain possible. The Government Innovation Authority (Autoridad de Innovación Gubernamental) would oversee the channels’ structure and security.

Institutions handling reports must apply the necessary measures, regardless of whether a reporting person later participates as a witness. The bill names the Office of the Comptroller General of the Republic (Contraloría General de la República), the Office of the Prosecutor General of Accounts (Fiscalía General de Cuentas) and the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información) as competent authorities. Other state institutions must assist them. A person at risk would be entitled to protection from their first appearance and could request it electronically, orally, in writing or by another means permitting prompt action. The authority could also impose measures on its own initiative, subject to the legal requirements.

In deciding whether to grant protection, the authority must observe dignity, consent, promptness, a differentiated approach, free access, suitability, necessity and proportionality. It must verify that the information is relevant, identify the specific risk and obtain express consent. Relevant information includes material that identifies the conduct or those responsible, stops or prevents it, locates property or proceeds, delivers them to the authorities, or provides evidence for the investigation.

Preventive measures include withholding identifying and location details, providing urgent psychological assistance, omitting identifying information from proceedings, using the authority’s address for summonses and notices, granting special employment protection, preventing images from being taken and enabling participation through technology. For public and private sector workers, employment protection aims to prevent removal, dismissal, transfer without written consent or deterioration of employment conditions in retaliation for a report; comparable protection could be granted to witnesses. The Public Service Administrative Tribunal (Tribunal Administrativo de la Función Pública) would preserve public servants’ employment conditions, with subsequent proceedings before the Third Chamber of the Supreme Court of Justice (Corte Suprema de Justicia). Private individuals would follow the procedure under the Labor Code (Código de Trabajo), including reinstatement. The decision granting protection is notified to the beneficiary and employer unless confidentiality applies. Measures continue while the risk remains, including after the investigation, and may be changed, ended or waived.

The bill provides for legal action and termination of protection if a person is found to have sought measures using facts they knew were false, fabricated or altered, or by concealing information to obtain an improper benefit. It makes Law 38 of July 31, 2000 (Ley 38 de 31 de julio de 2000) supplementary and extends the measures in Articles 332 and 336 of the Criminal Procedure Code (Código Procesal Penal) to certain people reporting offenses. Its provisions could concern the named authorities, other public institutions, private employers, workers, reporting persons, witnesses and their relatives.