New whistleblower protection laws prove toothless 

The disappearance and presumed murder of Washington Post journalist Jamal Khashoggi, a leading critic of Saudi Crown Prince Mohammed bin Salman, highlights the enormous risk Saudi whistleblowers take when exercising “free” speech. As international watchdogs shine a spotlight  on Saudi Arabia’s supposed reforms in the midst of this appalling affront to free speech, it is important to keep in mind that, when it comes to whistleblower protection, actions speak louder than words. While whistleblower laws are the foundation of any truly accountable government, they must be accompanied by a dedication to a free and independent press if these laws are to be taken seriously. It is important to compare the paper rights whistleblowers have in Saudi Arabia to the government’s actual actions in the wake of such a horrific incident that has led to an international outcry.

In November 2017, under the veneer of an anti-corruption crackdown, Prince bin Salman ordered the arrests of dozens of members of the royal family and influential Saudi figures. Although some hailed the arrests as part of Prince bin Salman’s sweeping efforts to reform the country, the arrests were ordered “without formal charges or any legal process,” according to The New York TimesDuring their detention, the captives were reportedly coerced and physically abused, causing 17 to be hospitalized and one person’s death. Regardless of how much money was recouped, indefinite detentions and physical abuse do not constitute a progressive or accountable government.

Additionally, in May 2018, King Solomon ordered protection for employees who report financial and administrative corruption and established a specialized department in the public prosecutor’s office for investigating and prosecuting corruption cases. In September, additional measures were taken and the government amended an existing anti-corruption law to remove the 60-day statute of limitations for investigating whistleblower disclosures. The same month, Saudi Arabia also launched an app for employees to report labor violations. These whistleblower protections, however, leave out more than they include. In particular, journalists and human rights activists lack sufficient legal protection. Even if, on paper, the Saudi press retains the right to criticize the royal family, the rule of law is too abysmal for it to be taken seriously.

In 2017, Saudi Arabia’s aggregate Freedom in the World score was seven out of 100 and their “Free and Independent Media” score was zero out of four. A 2011 royal decree criminalized criticism of government officials and journalists have subsequently been imprisoned, with or without a trial. Furthermore, the judiciary lacks independence; the king appoints judges. Defendants are often denied access to legal counsel during interrogation and lengthy pretrial detention without charge is common.

It is not surprising, then, that Jamal Khashoggi moved to the United States in exile out of fear of harassment, arrest, or worse. There was nothing on paper or in practice that would protect him. According to ReutersKing Solomon ordered an independent investigation of Khashoggi’s disappearance and denied knowledge of the incident. However, when it comes to independent investigations and government accountability in Saudi Arabia, the status quo keeps expectations low.