Whistleblowers abandoned again
Public servants who chose not to turn a blind eye to corruption and reported it to protect the public interest have been left without protection. The current vacancy in the State Comptroller's office leaves them vulnerable to retaliation.
Last week, I met with A., a whistleblower who sought my advice. He exposed serious corruption within the public authority where he works—a level of audacity that surprised even me, despite my years of experience in the field. Unlike many modern cases where wrongdoing is hidden, here the facts are well-documented and verified.
Since reporting these actions, A.'s life has become a nightmare. Once it became clear he would not remain silent about the misuse of public funds, he faced systematic harassment, eventually leading to dismissal proceedings. Because there is currently no State Comptroller to issue protection orders, A. was forced to pay 80,000 shekels from his own salary to hire a lawyer and file a petition with the Labor Court to halt his firing. This is the reality for whistleblowers in Israel today.
These public servants, who chose to act courageously to protect our collective interests, have been left to face the system alone. Israel has been without a State Comptroller for nearly three weeks, and government statements suggest this may continue until after the elections.
The Need for Protection
The State Comptroller has the unique legal authority to grant protection orders to public servants suffering from retaliation. This is an efficient, cost-free procedure that does not require legal representation. Established by the Knesset in the 1980s, the mechanism is based on a simple premise: to eradicate corruption, one must protect those who expose it. Without state protection, public servants will be deterred from reporting wrongdoing, fearing they will be left to fight alone.
The danger of this vacuum is particularly acute ahead of the upcoming elections. Warnings from official sources, including the Shin Bet, regarding threats to the integrity of the elections underscore the vital need to protect public servants. Public corruption harms us all, regardless of our political affiliation.
A Bipartisan Issue
Historically, Knesset members from across the political spectrum have set aside their differences to cooperate on whistleblower protection. For example, the previous government unanimously passed a bill by Nira Shpak (Yesh Atid) extending the statute of limitations for whistleblower lawsuits from one to three years. Similarly, the current Knesset unanimously approved a bill by Merav Ben-Ari expanding the Comptroller's authority to cover the police and the Prison Service (originally proposed by Yoav Kisch and Amir Ohana of Likud).
The solution is simple: appoint a new State Comptroller immediately, without political games. However, given calls from some coalition members to disregard Supreme Court rulings, it is unlikely this will happen soon. In the meantime, individuals like A. are falling through the cracks, paying a heavy price for their integrity.
An urgent alternative would be for the Knesset State Audit Committee to convene and appoint an acting official empowered to sign protection orders. If the Knesset fails to act, it will be too late—not just for the brave individuals abandoned to their fate, but for all of us.
Adv. Rachel El-Shai Rosenfeld, Director of the Whistleblower Protection Unit at the Movement for Quality Government.
