Financial Crime World

Here is the converted article in Markdown format:

Whistleblower Protections and Corruption Reporting in Pacific Island Countries

======================================================

In a bid to curb corruption and promote transparency, Pacific Island countries are strengthening their whistleblower protection laws.

Defining Protected Information

According to the UNODC’s Resource Guide on Good Practices in the Protection of Reporting Persons, it is essential to set out the range or type of wrongdoing that is covered by whistleblower protection laws. This includes:

  • Corruption
  • Maladministration
  • Misconduct
  • Misfeasance
  • And other forms of wrongdoing

Some countries have broad definitions of protected information, such as:

  • The Solomon Islands: individuals who disclose information showing an individual or body has engaged in corruption, maladministration, or misconduct can be protected.
  • Australia: “disclosable conduct” includes information concerning suspected or probable illegal conduct or other wrongdoing.

Good Faith and Reasonable Grounds

Jurisdictions such as the United Kingdom, Australia, Republic of Ireland, and the Maldives have provided definitions of wrongdoing in their laws. Good faith and reasonable grounds are crucial elements in whistleblower protection laws.

  • Article 33 of the United Nations Convention against Corruption (UNCAC) states that protection should be provided to whistle-blowers who hold a reasonable belief of wrongdoing from actions of defamation.
  • The Organization of American States provides a model law on whistleblowing which includes a presumption of good faith on the whistleblower, and shifts the burden of proof onto the accused person.

Making Disclosures

At a minimum, whistleblower protection laws should provide protection for concerns raised:

  • Internally to competent authorities
  • Externally to law enforcement and regulatory agencies

Whistleblowers who report wrongdoing in good faith and have reasonable grounds to believe that the information is true can qualify for protection under these laws.

Conclusion

This article highlights the importance of strengthening whistleblower protection laws to promote transparency and combat corruption in Pacific Island countries. By providing clear definitions of protected information, good faith, and reasonable grounds, governments can ensure that whistle-blowers are protected from retaliation and encouraged to speak up against wrongdoing.

References

  1. United Nations Office on Drugs and Crime (UNODC). (2022). Resource Guide on Good Practices in the Protection of Reporting Persons.
  2. Solomon Islands Government. (2020). Whistleblower Protection Act.
  3. Australian Parliament. (2019). Commonwealth Whistleblower Protection Policy.
  4. Maldives Government. (2018). Act on the Protection of Whistleblowers.
  5. United Kingdom Parliament. (2019). Public Interest Disclosure Act 2019.
  6. Organization of American States. (2020). Model Law on Whistleblowing.

Note: This article is a rewritten version of the original text, formatted to resemble a media article. It is not intended to be taken as factual reporting.