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State Department gives no mention of whistleblowers to UN

Last April, I submitted a report to the United Nations High Commissioner for Human Rights and the U.S. State Department about how U.S. law fails to give whistleblowers customary remedies for their retaliation claims. My report listed the international treaties that required the United States to protect whistleblowers. It listed specific cases in which whistleblowers' rights had been denied, including one case, Bradley Birkenfeld, in which the whistleblower was currently imprisoned. It also decried the pitiful state of the law when it comes to protecting federal employees who blow the whistle on waste, fraud and abuse. I called on the State Department to answer to the United Nations for this failure to give whistleblowers the same rights that victims of auto accidents have.

Last month, the State Department issued its report to the United Nations under its Universal Periodic Review (UPR). That report makes no mention of whistleblower rights.  It does not even include the word, "transparency." I called on the State Department to answer how the limits on political asylum (such as requiring applications to be filed in English within one year of entry to the US) comported with the duty to provide asylum to international whistleblowers seeking refuge here.  No mention of that either. The UPR process provides for direct questioning of U.S. representatives in November. Perhaps those representatives will face questions about how whistleblowers here get less rights that other victims of wrongful conduct, and why the U.S. has not passed laws to assure whistleblowers our customary rights and remedies.

NWC tells UN that US falls short on whistleblower protection

Today the National Whistleblowers Center submitted a statement of concern about whistleblower protection in the United States to the United Nations' Commission on Human Rights, Universal Periodic Review (UPR).  It alleges that the US falls short of its international obligations by jailing whistleblowers like Bradley Birkenfeld, and by failing to protect whistleblowers in federal employment, the private sector, and internationally. A copy of the submission is available here.  With it, I submitted Attachment 1 listing the international obligations to protect whistleblowers, Attachment 2 about the effectiveness of whistleblowers, and Attachment 3, a report of the Ethics Research Center.

The UN's working group will conduct a hearing on the submissions in November or December. In the meantime, the United States Department of State will have time to review and comment on the submissions. Perhaps the State Department will agree that U.S. law falls short on whistleblower protection. Perhaps it will offer some explanation. Perhaps it will ask U.S. Senators to dump the poison pills in S. 372 and adopt H.R. 1507 as the Whistleblower Protection Enhancement Act. Perhaps it will ask President Obama to pardon Brad Birkenfeld. It is good that the UN has a process in which member states are called to account on ways they can improve their human rights record.