On October 19, 2020, the Ministry of Public Administration (“SFP” or the “Ministry”) issued the Protection Protocol for Corruption Whistleblowers. This Protocol identifies and establishes the bases for granting, implementing, and monitoring various measures whose purpose lies in the protection of those agents who alert to corruption, in accordance with the terms established in said agreement, as explained below.
Corruption whistleblowing agents or persons have gained relevance in the fight against corruption, since their reports, through the Citizen Whistleblowers System, have allowed Mexican authorities to learn of possible acts that constitute acts of corruption, related to bribery, embezzlement, and diversion of public resources. The Protocol regulates the granting of protection measures to whistleblowers, with the intention that they continue collaborating in the fight against corruption and that, moreover, any person may feel confident in contributing to this task, with the certainty that they will be protected from possible future reprisals against them. The procedure for obtaining these measures will be as follows: 1. The whistleblower may request, through the platform implemented for such purpose, the protection measures, indicating the risks they perceive when they consider that these exist to their integrity, that of their family, common-law spouse, cohabitant, friends, work, and their assets, as a consequence of having communicated their alert. 2. The Whistleblowers Coordination Office, belonging to the SFP, will analyze the case and determine whether there are sufficient elements to carry out a risk assessment, as the first step for granting protection measures. Said risk assessment process will be carried out within the five business days following receipt of the request for protection measures, and it will consider all the risk factors present in the case. The SFP will assess the certainty that the threat will materialize and undermine the rights of the whistleblower and the severity of the consequence. For this, the Protocol itself establishes a risk identification scheme. The impact may range from a very low level, when there is no reprisal or it entails minimal consequences, to a very high one, which may result in the deprivation of liberty, physical violence, threats, among others, for the whistleblower or their close circle. In addition, the assessment will consider the sector to which the alert belongs, since there are certain sectors where the type of acts communicated may represent a high or very high risk, for example, that of national security. The Protocol also contemplates the collective risk assessment, for those cases in which an act of corruption has been communicated jointly, and which has placed the joint whistleblowers in a situation of risk. This risk assessment will apply to agrarian communities, indigenous peoples, or Afro-Mexicans. The risks that could jeopardize the rights of collectivities may consist of threats related to land dispossession, harassment to encourage forced displacement, damage to the reputation of the community, among others. Any risk detected in a collective assessment will be considered high or very high. 3. If admissible, the General Coordination Office for Citizen Engagement will establish the various protection measures in accordance with the specific case, which may be: i. Preventive: such as safeguarding the identity and protecting all types of personal data of the whistleblower. ii. Labor-related: aimed at protecting the whistleblower from any act derived from the corruption alert, such as preventing any dismissal, suspension, or change of assignment area; maintaining their position, salary, and benefits; restricting any harassment, bullying, adverse impact, or disturbance in the performance of their duties; safeguarding physical and labor integrity during the performance of work; restricting any reprisal against the worker; among others. iii. Individual: such as medical and psychological care, as well as legal advice and legal representation in any proceeding brought against the whistleblower by virtue of the alert. iv. Psychosocial: notably medical and psychological care, the provision of temporary housing, among others. v. Security-related: which may consist of surveillance and patrolling of the whistleblower's residence, the relocation of the residence, and the assignment of a security detail for the custody of the whistleblower and their close circle, among others. vi. Collective: in the case of collective alerts, measures may be granted for protection against land dispossession and the protection of customs and traditions, among others. The General Coordination Office for Citizen Engagement will manage the implementation of the measures granted before the competent authorities, an implementation that will take place even when there are situations of natural disasters, pandemics, or work suspension for reasons not established by law. 4. Finally, the General Coordination Office for Citizen Engagement will also be in charge of monitoring the protection measures granted, ensuring that they are provided adequately, reassessing each case to determine the need to implement new protection measures and, moreover, determining whether the measures are no longer required due to the loss of validity of the risk. The implementation of this Protocol is an incentive so that those individuals who become aware of acts of corruption may alert the authorities in a manner that does not compromise their integrity or that of their closest circle. For additional information, please contact our experts: Diego Sierra, Partner: +52 (55) 5258 1039 | dsierra@vwys.com.mx Pablo Fautsch, Associate: +52 (55) 5258 1039 | pfautsch@vwys.com.mx Raymundo Soberanis, Associate: +52 (55) 5258 1039 | rsoberanis@vwys.com.mx
