Demand that state parties strongly advocate for effective prosecutions for corruption activities, including foreign bribery and money laundering.
Enhancing Foreign Bribery and Money Laundering Prosecutions
The goal = anti-corruption enforcement
Anti-corruption enforcement globally depends on investigating and sanctioning transnational corruption, which depends on getting reports from whistleblowers who have insights into the highly complex criminal activity.
The data is clear: white collar whistleblowers report (a) when their identity is kept anonymous, (b) they are compensated for the value of their information, and (c) they know their tips can lead to enforcement action. This is not a proposal about how to protect whistleblowers once they have been harmed; it is a proposal about how to activate whistleblowers as the valuable source they are, which requires protecting them from the start.
The goal is threefold: (1) encourage states to implement best practice whistleblowing and anti-corruption laws, (2) urge states to educate whistleblowers about their rights abroad, (3) work with states through the Implementation Review Mechanism (IRM) to accomplish goals #1 and #2.
NGOs and Human Rights Defenders also have a major role to play in these goals, particularly education and implementation, so we want to mobilize broad support amongst the CSO community.
Summary of the Proposal
Clauses 1-5: Makes Corruption Risky and Whistleblowing Advantageous
-
Calls upon states to implement best practice whistleblower programs and anti-corruption laws. Includes large civil penalties for bribery + money laundering.
-
Encourages states to invest in + incentivize anti-corruption. Recommends mandatory financial compensation for whistleblowers, investment of recoveries in civil society and prosecutorial support.
CLAUSE 6: Urges states to educate public about transnational reporting options
-
Fully educate whistleblowers about their rights, including reporting abroad when more protective. This is in accordance with Clause 2 of Resolution 10/8 to the UNCAC.
-
Help whistleblowers understand protections of personal and financial security that may be offered in other jurisdictions.
CLAUSE 7: Develop targeted assistance through the IRM
-
Help countries identify effective incentive programs provided they demonstrate implementation of requisite whistleblower protections and law enforcement capacities.
-
Work with states to develop public awareness campaigns about their rights. Help whistleblowers understand protections of personal and financial security that may be offered in other jurisdictions.
This Proposal is Motivated by the OBJECTS + PURPOSES of UNCAC (see relevant articles paraphrased below)
Article 1
To promote/strengthen measures to prevent/combat corruption more efficiently + effectively AND promote international cooperation in the fight against corruption.
Article 5
To develop and implement effective, coordinated anti-corruption policies that promote the participation of society and reflect the principles of the rule of law.
Article 13
To promote the active participation of civil society in the prevention of and the fight against corruption and to raise public awareness regarding the threat posed by corruption.
Article 14 & 23
To deter and detect all forms of money laundering.
Article 15, 16 & 21
To enact legislation to criminalize bribery, in the public and private sector.
Article 26
To establish criminal, civil, or administrative sanctions against corruption sufficient to ensure that violators will be subject to effective, proportionate and dissuasive sanctions.
Article 32 & 33
To protect whistleblowers who report on reasonable grounds to the competent authorities.
Resources
- CoSP11 Proposal Flyer
- Sunday Read: NWC To Tackle Global Corruption at CoSP11
- Sunday Read: Why UNCAC States Must Unite to Fight Global Corruption at CoSP11
- Leading Attorneys, Whistleblowers, and Advocates Discuss International Solutions to Anti-Corruption Crisis at OECD Forum
- U.K, France, and Switzerland Step Up to Lead International Anti-Bribery Enforcement with International Prosecutorial Taskforce
- Data Shows International Focus of FCPA Enforcement
- CoSP10 Whistleblower Resolution Will Have “No Teeth” Without Financial Incentives, Advocates Warn
- Whistleblower Advocates Call for Best Practice Whistleblower Resolution at CoSP10
