A/HRC/28/60
D.
Protection of whistle-blowers and reporting persons
36.
In its resolution 23/9, the Human Rights Council acknowledged the important role
that civil society plays in exposing corruption and drawing attention to the negative impact
of the non-repatriation of funds of illicit origin on the rule of law and the realization of
economic, social and cultural rights. In that resolution the Council reiterated the obligation
of States to protect reporting persons in accordance with article 33 of the United Nations
Convention against Corruption and the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms.
37.
Journalists, whistle-blowers, anti-corruption activists, investigating officers, judges,
prosecutors, lawyers and human rights defenders exposing corruption have frequently been
victims of reprisals or human rights violations, including death threats, arbitrary detention,
enforced disappearances and killings. Between 1 January 2010 and 31 November 2014, the
special procedures of the Human Rights Council sent more than 35 urgent appeals and
letters of allegation to 22 countries and territories covering such concerns.29 The Special
Rapporteur on the promotion and protection of the right to freedom of opinion and
expression recently stressed that journalists covering corruption, organized crime and drug
trafficking were at particular risk (see A/HRC/20/17). According to the Committee to
Protect Journalists, as of 31 December 2014 out of 725 journalists murdered since 1992
worldwide, 208 of them, or 29 per cent, had covered corruption issues.30 Reporters Without
Borders reported in 2011 that at least 141 journalists covering organized crime or drug
trafficking—another major source for illicit financial flows— were killed in the decade
2000–2010.31
38.
While several jurisdictions have introduced new laws protecting witnesses, whistleblowers or persons reporting corruption, the protection of whistle-blowers and witnesses to
corruption frequently falls short of international standards or best practices. The latest
thematic report presented to the Implementation Review Group of the United Nations
Convention against Corruption notes that there “was wide variation among the States
parties with regard to the protection of witnesses, experts and victims”. While in several
States the protections went beyond the minimal protection of non-disclosure of the identity
or whereabouts of witnesses, the report noted that “in several States no measures had been
taken for the effective protection of witnesses and experts”. The report furthermore
underlines that “a number of States parties had not established comprehensive whistleblower protections, although legislation was pending in several cases. Common challenges
related to specificities in national legal systems, limited capacity and the absence of specific
regulations or systems for the protection of whistle-blowers” (CAC/COSP/IRG/2014/7,
paras. 13–14).
39.
Transparency International has highlighted the fact that many legal frameworks to
protect whistle-blowers do not adequately ensure the confidentiality and anonymity of
reporting persons or fail to cover whistleblowing within the private sector.32 Several
countries have introduced notable new national legislation strengthening the protection of
whistle-blowers in recent years: they include the Republic of Korea, South Africa, and
29
30
31
32
14
See the periodical communications reports of special procedures, A/HRC/28/85, A/HRC/27/72,
A/HRC/26/21, A/HRC/25/74, A/HRC/24/21, A/HRC/23/51, A/HRC/22/67, A/HRC/21/49,
A/HRC/20/30, A/HRC/19/44, A/HRC/18/51.
Committee to Protect Journalists, data available from www.cpj.org/killed/murdered.php
Reporters Without Borders, “Organized crime: Muscling in on the media” (Paris, 2011),
Transparency International, “Whistleblower Protection and the UN Convention against Corruption”
(Berlin, 2013).