The UNCAC Resolution on Reporting Persons: recognizing progress and discussing paths for enhancement

Grasso, Costantino ORCID: https://orcid.org/0000-0003-0180-0416 (2024) The UNCAC Resolution on Reporting Persons: recognizing progress and discussing paths for enhancement. Zenodo, Corporate Crime Observatory.

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Abstract

The article discusses the resolution adopted by the 10th Conference of the States Parties (CoSP) to the United Nations Convention against Corruption (UNCAC), which focuses on the protection of reporting persons. Given the secretive nature of corruption, especially when it involves influential individuals or authorities, exposing and holding wrongdoers accountable becomes a challenging task. In this context, the article highlights the crucial role played by whistleblowers, journalists, and leakers in uncovering corrupt practices and emphasizes the necessity of safeguarding them from retaliation. It delves into the recent resolution CAC/COSP/2023/L.12/Rev.1 within the framework of the UNCAC, recognizing it as a significant step forward. However, it also conducts a critical analysis, highlighting the shortcomings present in the CoSP’s document when compared to more robust legal instruments such as the EU Whistleblower Directive and other best practices. It also emphasizes how the CoSP's interpretation of "good faith" in whistleblower reports, which is clearly detached from the motivation behind the disclosure, represents the most innovative and significant element included in the resolution.