Urgent Challenges and Opportunities in the Protection of Whistleblowers and other Reporting Persons in Latin America

17 March 2025 –

Speaking up against corruption in Latin America remains a dangerous act. The 18th UNCAC Coalition Regional Meeting, held in collaboration with our Working Group on the Protection of Whistleblowers and Other Reporting Persons, brought together voices from across the region to discuss what’s working, what’s not, and what must change to ensure the effective protection of whistleblowers and other reporting persons, as of the strengthening of safeguards and the reporting culture.

Article 33 on the protection of reporting persons of the UNCAC, binds all signatory countries to consider legal provisions that protect individuals who report corruption-related offenses from retaliation. However, this non-mandatory language has led to inconsistent and often ineffective implementation across Latin America and worldwide. In response, CoSP resolution 10/8 was adopted as a milestone commitment, negotiated with the involvement of civil society experts, to strengthen whistleblower protection mechanisms and reinforce civil society participation and international standards.  

Yet, as highlighted in this regional meeting, these commitments remain largely symbolic without enforcement. Across Latin America and the Caribbean (LAC), reporting corruption still means risking retaliation, legal threats, and even violence. Without urgent action to translate these commitments into reality, whistleblower rights will continue to exist only on paper—while impunity thrives in practice. What became clear is that while some steps have been taken, many countries are still failing to provide meaningful protection—and in some cases, whistleblowers are actively being silenced.

The Reality for Whistleblowers in Latin America

The numbers paint a grim picture. In 2023, 123 human rights defenders and 166 environmental activists and social leaders -who stand as whistleblowers for the corruption impacting their communities- were assassinated in Latin America – a staggering statistic that underscores the urgent need for robust protections. This critical context demonstrates how dangerous and restricted civic space can be in many countries like Colombia, Brazil, Mexico, Honduras, El Salvador, Nicaragua, Guatemala, Bolivia, Peru, Venezuela, Haiti and Ecuador. 

Corruption, violence and impunity are interconnected in LAC, organized crime operates through complex networks of corruption, evidencing the differentiated risks and particularities of the region, entrenched in mechanisms of institutional inefficiency, state retaliation and systematic impunity. Despite this context, there are no publicly available statistics on the specific risks faced by whistleblowers of corruption as a distinct social group. Additionally, challenges remain regarding the term “whistleblower” and how the lack of standardization of safeguards for the distinct characteristics or classification of reporting persons (“denunciante”, “alertador”, “delator”, “informante”, “testigo”, “colaborador eficaz”, “querellante”) affects not only how protections are applied but also who qualifies for them, creating barriers for those who report corruption and limiting their ability to engage in accountability processes.

Across the region, reporting corruption often comes at a high cost: from losing one’s job over facing legal harassment, to being prosecuted, disappeared or even killed – a risky and harsh reality. Reports on political and administrative corruption and the activities of criminal organizations or paramilitary groups are the main reasons journalists have been murdered. Despite international commitments, many governments continue to lack effective institutional mechanisms to protect those who expose wrongdoing.

Country examples: Colombia and Chile

Transparencia por Colombia highlighted that while there are some institutional reporting channels, they often lack protection protocols and safeguards. Gender discrimination has also been observed in the institutional handling of corruption reports. The organization has spent years advocating for a whistleblower protection law, and in early 2025, for the first time in a decade, a bill addressing reporting channels and whistleblower protection on matters regarding workplace harassment and retaliation reached Congress. This is a major step forward, but it remains to be seen whether the legislation will pass and be effectively implemented.

Meanwhile, Whistleblower Chile brought an academic and legal perspective to the discussion, analyzing how whistleblower protections in LAC compare to global best practices. The discussion highlighted that the Latin American context requires unique approaches as for our particular shared social and political context, where many countries do not yet have standardized, widely accepted definitions of who qualifies as a whistleblower or the levels of protection and intervention of other reporting persons and people intervening in the legal and judicial process.

Key takeaways from a regional perspective 

The Cyrus R. Vance Center for International Justice (Vance Center) provided an overview of its regional assessment of whistleblower protection laws and the Anti-Corruption Evaluation of Latin America. Their reports, analysis and findings reinforced a troubling reality: existing legal frameworks are weak, and enforcement mechanisms are insufficient. The lack of clear protection measures discourages individuals from reporting corruption, and without strong institutional backing, whistleblowers remain vulnerable.

One of the key takeaways from their analysis was the need for stronger public policies and institutional safeguards to encourage whistleblowing while minimizing retaliation risks and enabling effective cooperation with investigation and prosecution authorities. The Vance Center emphasized that enhancing legal protections is not enough – governments must also invest in awareness raising campaigns, incentives, legal assistance, and secure reporting mechanisms. Strengthening cooperation between civil society and state institutions was seen as a critical step to ensuring effective whistleblower protections in the region.

The discussion stressed the importance of adapting international best practices to local realities. While frameworks such as the EU Whistleblower Directive provide useful guidance, Latin America and the Caribbean must develop their own whistleblower standards to fit the specific legal, political, and cultural challenges of the region. For example, in Chile, legal and administrative hurdles continue to  prevent whistleblowers from receiving adequate protection, further reinforcing the need for systemic reforms.

Insights from other Countries: Can Latin America learn from Serbia?

Another key insight in this regional meeting  came from the Co-Chair of the UNCAC Coalition’s Working Group on the Protection of Whistleblowers and Other Reporting Persons. After outlining the Working Group’s initial efforts, Vladimir Radomirović, who is also the Editor-in-Chief of the Serbian NGO Pištaljka, shared Serbia’s experience in passing its 2014 Whistleblower Protection Law, now seen as a global model. But this reform did not happen in isolation – it was driven to a large extent by public support amidst the political interference in the judiciary and athe crisis ofn judicial independence, highlighting two key lessons:

  • Political or judicial crises can open doors for reform.
  • Laws are only as strong as their enforcement—judges, lawyers, and officials must be properly trained.

For Latin America, where in several jurisdictions judicial independence is under attack and political instability is escalating, these lessons are more relevant than ever. The challenge remains: will governments protect whistleblowers or further silence them?

The Bigger Picture: Whistleblower Protection and Shrinking Civic Space

Protecting whistleblowers is not just a legal issue – it’s a matter of democratic integrity. The meeting underscored that without a strong civic space, whistleblower protections become meaningless. Key concerns included:

  • Governments actively shrinking civic space by restricting transparency, access to information, participation and funding, criminalizing CSOs and activists, and discrediting whistleblowers.
  • The reduction of international funding for civil society, which is making it harder to support whistleblowing channels, assistance centers, protection programs and legal support provided by CSOs. One such initiative is TEO, your virtual lawyer, an innovative AI-powered chatbot developed by TOJIL which allows users in Mexico to report corruption in prosecutorial offices and access free human legal support, while channeling and following-up complaints with the authorities. Before the U.S. program and funding freeze led to the temporary suspension of this and a thousand other programs, TEO had assisted over 214,768 reporting persons, highlighting both its effectiveness and the critical need for international assistance and CSO in protecting whistleblowers and ensuring accountability.
  • The link between authoritarian tendencies and whistleblower vulnerability – even the best legal frameworks are useless in a system where institutions lack independence.

If whistleblowers are silenced, so is the fight against corruption. A common sentiment during the meeting was  that whistleblower protection is a fundamental human rights issue and cannot be addressed in isolation—it is intrinsically tied to civic space, the rule of law, and institutional integrity. Without these fundamental pillars, any effort to safeguard those who expose corruption remains insufficient and ineffective.

Where do we go from here? A Call for Regional Action

So, what needs to happen next? The meeting identified key steps for civil society, activists and key actors to strengthen whistleblower protection across LAC:

  • Monitoring and advocating for the enforcement of UNCAC on CoSP resolution 10/8 on the “Protection of reporting persons” to ensure civil society participation and effective whistleblower protections are actually implemented.
  • Advocate for the implementation of effective whistleblower protection laws that address confidentiality, retaliation, gender discrimination, and institutional gaps.
  • Facilitate support to whistleblowers and capacity training to Judges, Prosecutor’s Offices, administrative authorities, lawyers, CSOs and private sector on whistleblower protection and the implementation of Whistleblower protection laws.
  • Foster regional cooperation, so that civil society organizations can coordinate advocacy efforts and push for systemic change and the construction of regional standards.
  • Expand the use of secure technology to enhance reporting mechanisms while safeguarding whistleblowers.
  • Socialize reporting culture, call for incentives and raise awareness about whistleblower channels, procedures and protections, so citizens and individuals know their rights and how to seek support when facing retaliation.
  • Promote civil society participation, coordination and collaboration with state authorities on whistleblowing channels, complaints and corruption cases to improve efficiency and recover trust in public institutions. 

Despite the mounting challenges identified and discussed, civil society organizations remain unwavering in their commitment to strengthening whistleblower protections, advocating for legal reforms, and countering restrictions on civic space. Their resilience and determination serve as a crucial force in holding governments accountable and ensuring that those who report corruption are safeguarded rather than silenced.

The 18th Regional Meeting for LAC reinforced that whistleblowers are essential to the fight against corruption, but they cannot be left alone. While progress has been made, many challenges remain, and collective action is needed to ensure that those who report corruption are protected, supported, and empowered. Governments, civil society, and international organizations must work together to ensure that exposing corruption is not met with punishment, but with protection.

** Get Involved! If your organization works on whistleblower protection, reach out to us.  Together, we can build a stronger, safer environment for those who risk everything to expose corruption. More information on the UNCAC Coalition Working Group on the Protection of Whistleblowers and Other Reporting Persons. 

If you are a civil society activist from Latin America or the Caribbean and would like to become involved, please contact our Regional Coordinator Pablo Herrera at pablo.herrera@uncaccoalition.org.

Resources on the protection of whistleblowers and other reporting persons in Latin America:

    • Whistleblower Protection in Latin America, Comparative Analysis – Cyrus R. Vance Center for International Justice & Citizen Participation Committee, National Anti-Corruption System, Mexico (November 2023) 🔗 Read here
    • Review of International Standards for Whistleblower Protection – Vance Center (January 2024) 🔗 Read here
  • Differential impact of corruption on the migrant population and the mechanisms for reporting and protection of corruption whistleblowers in Mexico  – Vance Center for International Justice & Derechos Humanos y Litigio Estratégico Mexicano (DLM) 🔗 Read here
    • Guide for Granting Protection Measures for Whistleblowers in Administrative Corruption Cases – Vance Center for International Justice & DLM(May 2024) 🔗 Read here
    • Whistleblower and Corruption Alert Guide – Procedure for Filing Administrative Complaints in Mexico  – Vance Center for International Justice & DLM (September 2024) 🔗 Read here
    • Manual of Principles for Handling Corruption Complaints for Public Officials in Mexico – Cyrus R. Vance Center for International Justice & DLM (May 2024) 🔗 Read here
    • Judicial Protection for Whistleblowers of alleged corruption in Colombia, 2023, Vance Center & Transparencia por Colombia,  🔗 Read here
  • Analysis of the current situation of corruption complaints and alerts in Argentina, Colombia and Mexico, Vance Center, Comisión Pro Bono del Colegio de Abogados de Buenos Aires, DLM & Transparencia por Colombia,🔗 Read here
    • Whistleblowing Cases and Reports from the Anti-Corruption Legal Advisory Center 2024 – Transparencia por Colombia (January 2025) 🔗 Read here
    • Guidance on Corruption Reporting from a Gender Perspective – Transparencia por Colombia (January 2025) 🔗 Read here
  • Whistleblowing, a mechanism for fighting corruption in the extractive sector–  Transparencia por Colombia, 🔗 Read here
  • Institutional mechanisms for reporting corruption in Colombia– Transparencia por Colombia (April 2023) 🔗 Read here
    • Guide for Designing and Strengthening Institutional Corruption Reporting Channels – Transparencia por Colombia (August 2024) 🔗 Read here
    • Manual for Whistleblowing  Corruption–  Transparencia  Venezuela 🔗 Read here 
    • Denuncia.org – An online platform -by Impunidad Cero– that facilitates the reporting process for Mexican citizens. It provides detailed guides on where and how to file complaints, a locator for Public Ministry agencies, and advisory tools to help ensure effective reporting.
    • Proposal on whistleblower mechanisms in Mexico – offering insights on the adoption of the Qui Tam figure –  Impunidad Cero 🔗 Read here
    • Conditions for Whistleblowing Corruption in El Salvador–  Fundación Nacional para el Desarrollo (FUNDE) 🔗 Read here
  • Mechanisms for Whistleblowing Corruption in Argentina– Asociación Civil por la Igualdad y la Justicia (ACIJ) 🔗 Read here
  • Whistleblower Manual: Empowering Citizens – Proética, Comisión de alto Nivel Anticorrupción (Peru)🔗 Read here
  • Model Law to Facilitate and Encourage the Reporting of Corruption and Protect Whistleblowers and Witnesses– Organization of American States (OAS) 🔗 Read here
  • Case: Viteri Ungaretti et al. v. Ecuador – Inter-American Court of Human Rights (IACHR): This landmark ruling sets a precedent in human rights and anti-corruption efforts, holding states accountable for implementing whistleblower protection laws. The IACHR ruled that whistleblowing is a specially protected form of speech, particularly when internal reporting mechanisms are absent. The case reinforces the obligation of states to guarantee whistleblower protection under both the American Convention on Human Rights and the OAS Model Law on Reporting Corruption Acts. 🔗 Read the ruling

Whistleblowing Channels and support provided by CSOs in the region:

Argentina

Brazil

Colombia

Chile

Guatemala

Honduras

Jamaica 

Mexico

Peru

Trinidad and Tobago 

Uruguay

Venezuela