National Center for Human Rights

5th Annual Report

State of Human Rights in the

Hashemite Kingdom of Jordan

(2008)

1 January 2008 – 31 December 2008

Amman, April 2009

National Center for Human Rights Board of Trustees

Adnan Badran, Chairman

Taher Hikmat

Ibrahim Izzidine

Muhammad Al-Squour

Rima Khalaf

Asma Khader

Adnan Al-Bakheet

Ahmad Tbeishat

Muhamad Ilwan

Waleed Abdul Hay

Kamel As-Sa‘eed

Amal Sabbagh

Taher Al-Adwan

Nuha Ma‘aytah

Assem Rabab‘ah

Nawal Fa‘ouri

Anas Al-Saket

Muhammad Al-Azzah

Annual Report Committee

General Supervisor: Dr. Muhiddine Touq, Human Rights Commissioner

General

Editorial Committee: Dr. Ali Al-Dabbas, Chairman

Mr. Muhamad Ya‘coub, Managing Editor

Mr. Fayez Shakhatreh: Member

Preparation Team

Ahmad Abu Sweilem

Buthainah Freihat

Riyad Al-Subh

Fayez Shakhatreh

Samar Al-Tarawneh

Saddam Abu Azzam

Taha Al-Maghareez

Atef Al-Majali

Ali Al-Dabbas

Issa Marazeeq

Christine Faddoul

Lara Yaseen

Luay Muheidat

Muhammad Al-Helou

Muhammad Ya‘qoub

Muna Abu Sall

Nisreen Zureiqat

Nidal Maqableh

Nahlah Al-Momani

Haitham Al-Azra‘ee

Table of Contents

Subject Paragraphs Page

1. Introduction

2. Civil and Political Rights 1–98

Right to Life and Physical Safety 1–10

Right Freedom and Personal Safety 11–18

Right to the Establishment of Justice 19–27

Juvenile Justice 28–36

Right to Hold Public Office 37–44

Right to a Nationality, Residence and Asylum 45–52

Right to Elect and Be Elected and the Legislative

Performance of the HoD 53–59

Right to Freedom of Opinion, Expression, the Press and

Information 60–80

Right to Establish and Join Associations and

Professional Unions –

Right to Establish Political Parties 90–94

Right to Establish Societies 95–98

3. Economic, Social and Cultural Rights 99–187

Right to Work 99–116

Right to Education 117–134

Cultural Rights 135–139

Right to Health 140–152

Right to a Safe Environment 153–168

Right to a Decent Standard of Living 169–187

4. Rights of Vulnerable People 188–213

Women’s Rights 188–195

Child Rights 196–201

Rights of Persons with Disabilities 202–208

Rights of the Elderly 209–213

5. Complaints and Petitions for Assistance Submitted

to the Center 214–218

6. Annexes

A. National Legislative Enactments that Need

Amendment

B. Jordan’s Status on International Human Rights

Agreements

C. ILO Agreements Ratified by Jordan

D. Index

Acronyms

AG Attorney General

ALD Administrative and Legal Disengagement from the West Bank

CEDAW Convention on the Elimination of All Forms of discrimination against Women

CRC Convention on the Rights of the Child

CSB Civil Service Bureau

FPD Family Protection Department

FRC Family Reconciliation Committee

GAM Greater Amman Municipality

HCC High Criminal Court

HCIC Higher Council for Interpreting the Constitution

HCJ High Court of Justice

HCPD Higher Council for Persons with Disability

HoD House of Deputies

HP House of Deputies

HRC Human Rights Commission

ICCPR International Covenant on Civil and Political Rights

ICESCR International Covenant on Economic, Social and Cultural Rights

JC Judicial Council

MoC Ministry of Culture

MoE Ministry of Education

MoF Ministry of Finance

MoH Ministry of Health

MoHESR Ministry of Higher Education and Scientific Research

MoI Ministry of the Interior

MoIT Ministry of Industry and Trade

MoJ Ministry of Justice

MoL Ministry of Labor

MoMA Ministry of Municipal Affairs

MoSD Ministry of Social Development

NAF National Aid Fund

NCFA National Council for Family Affairs

NCHR National Center for Human Rights

OHRB Ombudsman and Human Rights Bureau

PSD Public Security Directorate

RRC Reform and Rehabilitation Center

SSC State Security Court

UDHR Universal Declaration of Human Rights

Introduction

The United Nations General Assembly adopted the UDHR (UDHR) on December

10, 1948. Most of the UN member States at the time voted in favor of the new human

rights document and December 10 has been celebrated as ―Human Rights Day‖ ever

since. Even though the Declaration is not binding to the signatories in the precise

legal sense, its wide acceptance has inspired many of the subsequent international

HR instruments and acted worldwide as the prime mover of an active dynamism

pushing toward HR protection, enhancement and respect as an essential pre-requisite

for the realization of human security and the achievement of sustainable

development.

Publication of the present report, compiled by the National Center for Human Rights

(NCHR) on the HR situation in Jordan, coincides with international celebrations

marking the 60th

anniversary of the International Declaration. It is comprehensive in

that it addresses all the UDHR-inspired civil, political, economic, social and cultural

rights. It depicts the NCHR mission to provide a precise description of the HR

situation in Jordan, equally including successes and shortcomings. The report deals

with each human right separately, cites the legal Jordanian framework therefor, and

seeks to determine the extent to which it complies with international criteria, derived

from international instruments, the majority of which has been ratified by Jordan.

The report moves on to provide descriptions of the status quo vis-à-vis the positive

and negative developments in each right. It lists human rights violations, monitored

directly by the NCHR technical team, or indirectly through newspaper reports and

published studies. It reviews complaints received by the Center about these rights

and, finally, presents a set of recommendations, which the Center deems it necessary

that they should be adopted in order to protect and enhance human rights in Jordan.

The present report also includes a statistical analysis of the complaints and assistance

requests, received by the Center during 2008 and classified in accordance with each

of the human rights addressed herein.

The reader of the report this year will notice the beginnings of an attempt to develop

the content in such a manner that harmonizes with similar international reports in

terms of adopting a format of paragraphs, each addressing only one specific topic;

tables and figures, when possible, and citing certain cases of success and failure in

the way the Center handles complaints. The Center believes that this arrangement

will make it easy for both specialized readers and researchers to find the object of

their search effortlessly. Furthermore, the reader may notice some inconsistency in

addressing the different rights, but this does not mean that the Center considers some

rights to be more central than others.

I would like to seize the opportunity of this introduction to state that the National

Center for Human Rights aims, in the final analysis, to achieve full compliance with

international human rights criteria, as well as the human-rights related provisions of

the Constitution and our genuine Arab-Islamic values. To achieve this goal, the

Center will strive to create new mechanisms for building partnerships with

governmental bodies, as well as civil and non-governmental organizations, with the

view to examining human rights violations, accomplishing overall reform, and

effecting the change required to advance human rights. Consequently, I wish to

emphasize that the Center will continue its relentless efforts towards achieving its

mission as stipulated in its Law. This report is but one of the many steps taken by the

Center in this direction, but we also have to remember that protecting and advancing

human rights is an ongoing act of development that is achievable through a clear

vision, unyielding will, pooling the efforts of the executive, legislative and judicial

branches of the State, adapting legislative enactments to adopted and accepted

criteria, restraining human rights violations, veritable accountability, and the

advancement of the rule of law.

Finally, I would like to express sincere thanks and appreciation, in may own name

and on behalf of my colleagues, members of the NCHR Board of Trustees,

particularly the technical team that produced this report under the supervision of the

Human Rights Commissioner General. I pray the Almighty God to grant us success

in achieving our mission and advancing human rights in our beloved country.

Chairman of the Board of Trustees

Dr. Adnan Badran

Civil and Political Rights

Right to Life and Physical Safety

1. International conventions guarantee man‘s right to life, freedom and physical safety.1 National

laws have been keen on protecting this right.2 Within this context, the National Center for

Human Rights (NCHR), has observed that since 2008 no legislative amendment has been

introduced to abrogate capital punishment.3 The Center also emphasizes that the 2007

amendment of Article (208) of the Penal Code is still not sufficient to curb the exercise of

torture and other cruel, inhuman or degrading treatment or punishment, as it does not authorize

the regular judiciary to investigate such types of crimes. Moreover, the amendment does not

stipulate the right of torture victims to claim direct compensation from the State. The Center

further records against the Government that it has not fully fulfilled its international

commitments as per the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment (Anti-Torture Convention), as national legislative enactments seem

to be incapable of guaranteeing that torturers are held responsible and that they do not escape

punishment.4 This requires a review of the mechanisms of filing complaint and investigation

into torture cases to ensure that legal procedures will be effective in confronting and combating

torture, particularly as international commitments go beyond combating torture, as and when it

occurs, and protecting victims and witnesses, or even rehabilitating them (specialized centers

for the rehabilitation of torture victims, or programs for protecting witnesses, do not exist in

Jordan). Indeed, Jordan‘s international commitments require preventive measures that would

prevent the recurrence of torture and secure the right to physical safety.

2. Even though the Executive Authority is keen to safeguard and generally protect the right to

life, and despite commitment by the judiciary to implement the provisions of law and not

tolerate any criminal act leading to denial of the right to life and physical safety, there are still

many factors which violate and impact physical safety and could lead to denial of the right to

life, most importantly capital punishment, which is still included in penal legislative

enactments, despite the contraction of legal provisions applying this penalty and confining it to

crimes which are most critical and serious. During 2008, six death sentences were passed, five

by the High Criminal Court (HCC) and one by the State Security Court (SSC), but none of

these sentences has been executed as capital punishment has been frozen since June 2006.

1 See Article 3 of the UDHR, Article 6 of ICCPR, Article 2 of the European Convention for the Protection of Human

Rights and Fundamental Freedoms, Article 4 of the African Charter on Human and Peoples‘ Rights, Article 4 of the

American Convention on Human Rights and Article 5 of the Arab Charter o0n Human Rights. 2 Such as the Jordanian Penal Code and the Military Penal Code.

3 It is noteworthy that the MoJ in April 2009 unveiled an amended draft penal code. Major amendments in the draft

include substituting capital punishment with hard labor for life in regard to six types of crimes related to State security. 4 Efforts of combating torture in Jordan are still humble and shy, as all national arrangements taken to guarantee the

right to physical safety and impose a ban on torture are still inadequate because some national legislative enactments

are incapable of prosecuting torturers. Indeed, these laws, in most cases, are responsible for allowing such escape from

punishment. Examples of such laws include the Law on Preventing Crimes, which enables the Administrative

Authority to apprehend people, denies them the right to contact their families or lawyers, and isolates them from

judicial control. This also applies to the SSC, which gives investigation authorities the right to apprehend suspects for

seven days before referring them to the relative judicial authority. The Adjective Procedural Law makes pre-trial

detention the general rule and judges all detentions against a broad general criterion called ―Interest of the

investigation.‖ This law also accepts the defendant‘ statements, made in the absence of the public prosecutor, as

evidence for conviction if the Public Prosecution presents a evidence of the conditions under which the statements were

made and of the claim that the accused made his statement voluntarily and at his own will.

Among the positive developments during 2008 regarding this right was Jordan‘s vote to

abstain from voting in favor of a recommendation by the UN Fifth Committee (Administrative

and Budgetary Committee) of the U.N General Assembly abrogating the death penalty

throughout the world, refraining from executing any death sentence beyond the law, and

postponing the capital punishment for the longest possible time to give the concerned parties

the opportunity to reconcile and extinguish the personal right in cases of premeditated murder.

3. One of the most serious factors affecting the right to life and physical safety is exposure to

torture and other cruel, inhuman or degrading treatment or punishment. The year 2008

witnessed several actions, which could be classified as acts of cruel, inhuman or degrading

treatment or punishment. During this period, NCHR received 41 complaints against various

security departments and centers. The results of follow up of these complaints were as follows:

Seven Complaints were stayed at the request of the plaintiffs, 13 were closed for lack of

evidence and five were referred to the Police Court. Sixteen cases are still under consideration.

The Ombudsman and Human Rights Bureau (OHRB) and the Legal Affairs Department at the

PSD Directorate (PSD), have received 49 complaints, the results of which were as follows: 8

complaints were precluded from trial for lack of evidence against the defendant according to

Article (130/a) of the Adjective Procedural Law; 12 minor complaints in which the defendants

were brought to trial before the Commander of the Unit: 26 were stayed as the act did not

constitute a crime; and 3 cases were referred to the Police Court, where the plaintiffs were

found guilty and received the penalties prescribed by law, which varied between imprisonment

and mulct. The Center also received nine complaints related to beating and torture at Reform

and Rehabilitation Centers (RRCs). The results of following them up were as follows: one

complaint was stayed at the request of the plaintiff, one was closed for lack of evidence, one

was referred to the Police Court, four were brought to trial before the Unit Commander and

two are still under consideration. The OHRB and the PSD Legal Affairs Department received

28 complaints related to beatings and tortures in RRCs results of which were as follows: 6

complaints were stayed at the request of the plaintiffs, 6 were referred to court before the Unit

Commander as they were minor cases which do not fall under the jurisdiction of the Police

Court and 16 were referred to the Police Court where the defendants were convicted and

penalized according to law. It is noteworthy that no one was brought to trial in 2008 under

amended Article (208) of the Penal Code.

4. On the other hand, during several surprise visits, 5 in 2008, NCHR monitored some individual

complaints by some prisoners and detainees, who claimed they had been beaten and subjected

to continued maltreatment by prison staff.6 The Center also monitored the escape of some

torturers from punishment as the question of proving that some detainees had been subjected to

torture and other cruel, inhuman or degrading treatment or punishment is very difficult due to

many reasons, most importantly: Prolongation of the detention period by administrative orders,

disappearance of the marks caused by physical violence due to the elapse of time, difficulty of

finding witnesses or producing forensic medical reports on the crime committed, and the

difficulty which the victims confront in identifying the offenders. Those who exercise coercion

do not write the defendant‘s statement, which is thus considered legally as conclusive evidence

after hearing the person who wrote down the defendant‘s statements indicating that the

5 With the exception of the period between mid -April and the outset of August 2008 when NCHR was barred from

visiting prisons. 6 The Center monitored during its visit to temporary detention centers and its meetings with detainees or their family

members and through the complaints received during 2008, that there are transgressions committed by staff entrusted

with implementing the law in some security departments and that various forms of torture were exercised against the

detainees on part of these departments including insults, humiliation, and resorting to bastinados and body stretching

racks to force them to confess.

defendant made such statements voluntarily and at his own free will. The absence of active

judicial control over administrative detention centers further contributes, to a very far extent, to

subjecting detainees to maltreatment and physical and psychological coercion, in addition to

depriving the detainees of their right to submit their grievances to the competent authorities or

complain during the preliminary investigation carried out by Police. The conditions are further

aggravated by the confidentiality prevailing during the preliminary investigation, the detainees‘

fear that police will waylay them later if they complain, and the conviction on the part of some

detainees that such complaints would be useless because the security departments are

themselves the parties involved in carrying out investigations and, consequently, their

conviction that it is difficult for law officers to issue verdicts against their own colleagues.

5. Despite all this, NCHR would like to express its high appreciation of the Government‘s

adoption in 2008 of a set of measures to ensure banning of torture. The PSD Department (PSD)

adopted several measures, including: a) Integrating the Anti-Torture Convention into basic and

training curricula, as well as lectures and promotion tests for PSD personnel, particularly those

working at RRCs, with the view to entrenching the convention‘s provisions and concepts in

their thinking and practice; b) To carry out investigations regarding complaints of HR

violations, which entail violating the Anti-Torture Convention, despite the fact that results of

investigations in general are still meager.7 c) To show some seriousness in dealing with

complaints of beating and maltreatment and refer some of these complaints to the Police Court.

Table 1: Some main narcotics-related indicators

Persons Involved Dealers

Possession

and Use

4,792 746 4,027

2006 3,158 581 2,577

2007 3,707 833 2,874

5,120 852 4,260

6. As for drugs, this is considered as one of the factors that undermine the right to life and

physical safety. In 2008, the Government for the first time acknowledged the presence of

indicators of dissemination and the aggravation of this problem within the society, where the

Anti-Narcotics Department seized 2860 cases and dealt with 3500 edicts. Those cases included

532cases of trading, 2250 cases of possession, and 78 unidentified cases. Table (1) shows a

significant increase in the number of drug dealers and edicts in 2008 compared to previous

years. The Anti Narcotics Department carried out positive steps to combat this scourge,

including the implementation of various protection programs such as organizing 1050

awareness lectures in various schools and universities as well as 20 lectures for assistants of

anti narcotics personnel, in which 600 youths took part each of whom will be entrusted with

training ten youths with in order to achieve the idea of individual protection, realize horizontal

culture for members of the Society within the area of combating narcotics , perform plays by

the Anti Narcotics Department before school and university students and habilitate a group of

journalists through a specialized course on combating narcotics. NCHR, however, feels that the

efforts exerted by the Anti Narcotics Department alone fall short of confronting the narcotics

problem, as national efforts must be exerted along side official endeavors to combat this

scourge.

7 The OHRB, hosted by the PSD Directorate, has followed up complaints received through the complaints boxes at

Reform and Rehabilitation Centers. A human rights office was also opened at Suwaqa Prison on 3rd

February 2008 for

receiving complaints and grievances.

7. Traffic accidents constitute another factor affecting the right to life and physical safety, as it is

still one of the most serious problems confronting the society and constitutes a continued

hemorrhage of human life, particularly among youth, because of the large number of traffic

victims. This led to the promulgation of Traffic Law No. 49 (2008), with the aim of putting an

end to this continuous hemorrhage. 8 NCHR feels that dealing with the problem of traffic

accidents is not confined to the Traffic Law but is related to the entire legislative system as

well as government institutions and citizens in their capacity as partners in increasing or

decreasing this phenomenon. Table (2) shows the number of accidents, deaths and injuries

inflicted in 2008 compared to previous years according to the PSD statistics. The Directorate

has laid down several traffic, awareness and technical control procedures in cooperation with

various official bodies to put an end to this phenomenon. These procedures include

intensifying traffic control, increasing traffic awareness and education programs, and

coordinating with all parties concerned with traffic safety. This led to a retreat in the number of

accidents up to 3rd

December 2008 by 30.2 %. 9 Going back to the factors which result in

traffic accidents, the following chart unveils the most important of these factors.

Table 2: Numbers of deaths and injuries resulting from

traffic accidents

No.

Year

Accidents Deaths Injuries.

2007

60%

29% 28% 27%

17% 12% 11%

9% 7%

0%

10%

20%

30%

40%

50%

60%

70%

Traffic ethics

Traffic jams &

architecture

Design of

architecture of streets

Non-commitment

of traffic laws

Non-application of

m laws on trespassers

Non-availability

of pedestrian lanes

General condition of

cars

Lenient tickets

Traffic laws

8 In 2008, a bus accident led to the death of 21 people and the injury of 33 others on the Jarash-Irbid highway.

9 The House of Representatives rejected two traffic laws, namely: Provisional Law No. 47 (2001) and the provisional

law No. 53 (2002).

8. Suicide accidents offer another factor affecting the right to life and physical safety. The first

half of 2008 witnessed a slight increase in suicide accidents and a remarkable increase in

suicide attempts as 40 Jordanians committed suicide against 35 in 2007, according to the

statistics released by the Jordanian National Center for Forensic Medicine. Statistics further

showed that 400 cases of attempted suicide were registered during the first seven months in

2008, while the entire 2007 witnessed around 350 attempts. As for suicide cases at RRCs,

NCHR monitored during 2008, 93 suicide attempts, 92 of which were aborted while one

attempt succeeded at Ma‘an Prison. As for suicide cases at temporary detention centers, only

one case was registered at the Custody Center of Irbid Police Directorate. NCHR feels that the

increase in the percentage of suicide attempts should offer an impetus for the parties concerned

to study the reasons behind this phenomenon and pay more attention to the psychological

aspects of inmates through psychiatrists and through improving the quality of life of inmates

through cultural, sports and other activities.

Table 3: Statistics related to certain crimes

No.

Year

Murder

Murder Attempts

Serious

Injury

2007

9. As regards crimes and other accidents affecting physical safety and leading to the deprivation

of life, these witnessed a remarkable change during 2008. Table (3) lists the crimes committed

in 2008 compared to 2007; the table shows an increase in the number of murders, and a drop

in attempted murders and serious injuries according to PSD statistics for 2008. The number of

accidents dealt with by Civil Defense Public Directorates in all parts of the Kingdom during

2008 reached around 131842 accidents causing 256929 casualties, including 2509 deaths.

First Aid accidents reached 109036 while casualties reached 110223. The total number of

deaths reached 2112. Life saving accidents reached 11684 resulting in 13968 casualties,

including 362 deaths while fire accidents reached 11122 causing 896 injuries and 35 deaths.

Overall deaths have thus reached 5018.

10. To protect the right to life and physical safety, NCHR feels that the following

recommendations should be adopted:

As Regards the Death Penalty:

The NCHR is convinced that the death penalty is an exterminatory penalty and should not be

resorted to except in most serious crimes. Thus, it recommends that all aspects of this issue should

be studied thoroughly, in order to reach more just conclusions and introduce the necessary

legislative amendments to allow appeals of death sentences, regardless of the type of tribunal that

passes the verdict. At the same time, texts endorsing capital punishment in valid laws should be

reduced as much as possible.

As Regards Combating Torture:

In the area of executive measures to combat torture, NCHR recommends the following:

a) Recognition by the Government of the mandate of the Anti-torture committee referred to in

Articles (21) and (22) of the 1984 Anti-Torture Convention and other cruel, inhuman or

degrading treatment or punishment entrusted with considering complaints and notifications

by states and individuals.

b) Recognition by the Government of the jurisdiction of the Human Rights Commission to

receive individual complaints related to these rights, which are included Article (41) of the

International Covenant on Civil and Social Rights (ICCPR).

c) Laying down a national strategy to eliminate all forms of torture.

d) Activate the full role of the Public Prosecution in protecting victims.

e) Setting up specialized centers for rehabilitating torture victims and creating a national fund

for compensating them.

f) Adopting and implementing training courses for persons entrusted with implementing law,

making people aware of their rights and the seriousness of torture as well as their role in

combating it.

g) Ensuring that persons accused of torture cases do not remain in their positions all through

the investigation period and until after a final verdict is issued in order not to enable them

exercise any influence over the victims.

h) Commitment by administrative governors to the provisions of Article (4) of the Crime

Prevention Law as regards the procedures that should be followed upon resorting to

administrative custody, particularly the issuance of the arrest warrant, hearing persons‘

statements and issuing administrative detention warrants.

In the area of legislative measures to combat torture, NCHR recommends the

following:

a) To include the jurisdiction of holding perpetrators of torture crimes accountable within the

jurisdictions of normal courts instead of special courts.

b) To mention openly in the Adjective Procedural Law the right of torture victims to receive

direct compensations from the State.

c) To restrict the penalty of solitary confinement mentioned in Article (38) of the Reform and

Rehabilitation Centers Law No. 9 (2004).

d) To abrogate the Crime Prevention Law. Until it is abrogated, NCHR stresses the need to

respect and abide by court verdicts and final judgments of acquittal or non-responsibility,

as well as applying the principle of matching detention proceedings with the seriousness or

gravity of the offence when imposing house, and turn the authority of imposing house

arrests to the judicial branch.

In the area of precautionary measures to combat torture, NCHR recommends the

following:

a) To introduce a system for regular medical check-ups for all those who are in custody.

b) To maintain regular registers in custody centers(names, arrest warrants, visits and transfers)

c) To ensure that detainees are capable of contacting their families and lawyers.

In the area of traffic accidents, NCHR stresses the importance of taking measures that

would curtail this phenomenon within the society, namely:

a) Carry out a comprehensive review of the national strategy of reducing traffic accidents in

cooperation with the institutions concerned, defining their duties and laying down a time

table for implementing the contents of this plan.

b) To be stricter in granting driving licenses of all categories based on clear criteria that define

the efficiency and capability of the person involved to abide by the Traffic Law and deal

with elements of the road.

c) To withdraw or suspend the driving licenses of persons who frequently commit serious

violations and constitute a danger to traffic safety for periods that are commensurate with

the seriousness and the volume of the violation committed, provided that they should be

subjected to a rehabilitation program carried out by the Traffic Department for this

purpose. This should however, be regulated by law while stressing that licenses should not

be haphazardly withdrawn without specifying the reason for such action.

In the area of narcotics, NCHR recommends the following:

a) To aggravate punishment on those who exploit children and women in narcotics trade and

use.

b) To receive training on how to deal with targeted categories, particularly the staff and

service providers such as police, judges and court personnel.

c) To study the reasons behind the spread of narcotics and protect youth and workers from

this scourge while chasing propagators, especially in schools and factories and places of

youth gatherings.

d) To activate the role of school headmasters, teachers and psychological and religious guides

in using guidance, protective and therapeutical methods while dealing with the problem of

drugs, and include scientific materials on the harms of narcotics in school curricula.

Right to Freedom and Personal Safety

R 11. International conventions have guaranteed the right of man to freedom and personal safety.

10

The Constitution emphasized this right in its Article (8) 11

while the Adjective Procedural Law

and its amendments No. 9 of (1961) further defined the cases in which judicial police may

arrest the defendant and remand him in custody. (Crimes and in cases of being caught in the

very act). It laid down a set of controls and formal restrictions that should be taken into

consideration upon making the arrest. The year 2008 witnessed the administrative detention of

13181 persons, including 11870 citizens and 1313 of other nationalities. Administrative

detentions during the first ten months of 2007, reached 12178, of which 10241 were Jordanians

and 1964 were foreigners. The mean period of administrative detention varied from one week

to four months. The main reason behind the continuation of administrative detention was the

inability of the persons involved to offer the requested bail. As regards detainees of foreign

nationalities, some of these have been in custody for more than three years due to their

inability to pay bail or because of awaiting the completion of the arrangements of their

deportation. or due to a delay in deciding the fate of the detainee. Add to this, the soaring

number of detainees in 2008 where the number reached 26088 compared to 25243 in 2007.

Among those detained this year were 3290 foreigners by order of courts and general

prosecutors. The number of detainees by order of the SSC Prosecutor General reached 7676,

including persons who have been detained for seven months without charge or without sending

them to court or hearing their cases (SSC or HCC detainees).

12. In the area of deprivation of liberty, NCHR monitored the continuation of some contraventions

committed by Judicial Police upon making arrests and remanding people into custody, which

constitutes a violation of the Adjective Procedural Law as well as international standards of

freedom and personal safety. These include the following major instances: a) Non-

commitment to legal controls and restrictions related to the period of detention defined by

Article (100) of the Adjective Procedural Law which stipulated that this period should not

exceed 24 hours. This action sometimes exceeds several weeks based on the Crime Prevention

Law No. 9 (1954). b) Resort by security apparatuses of detaining people after their release after

recommending Administrative Governors to take administrative measures against them or

transfer them elsewhere, in order to remand them into custody on charges related to another

case by putting a note on the detainee‘s file by the security center which took him into custody

indicating that he should be turned in again to the same center after his release if he was still

detained or after his release if he was convicted. If referred to the Administrative Governor, he

will asked to present an undertaking, enter into reconciliation or take a police measure against

him (place him under enforced residence) all of which constitute flagrant violations in

implementing the law. c) The practicing by security apparatuses of depositing cases of persons

with criminal precedents with courts consecutively, until after the execution of prison

sentences in each case alone. d) The Crime Prevention Law No. 9 (1954) vested judicial

authorities in administrative governors by virtue of their positions under which they can

remand persons in custody and deprive them of their liberty which in turn constitutes a

contravention of the right to freedom and personal safety, particularly after expansion by

administrative governors of their authority of administrative detention without offering legal

guarantees of necessity justification and preserving PSD and public order and without taking

into consideration the international procedural laws and the violation of the Crime Prevention

Law itself. e) The continued banishment by administrative governors of administratively

detained persons to remote areas that are far from their homes despite the existence of prisons

10

See Article (9) of the International Convention on Civil and Political Rights 11

The Article stipulated that ― No one may be detained or arrested except by the provisions of law‖

in most Governorates, thus inflicting extra material and moral expenses on their families,

particularly when such families are not notified in advance of the abrupt transfer of the

detainees from one prison to another or one detention center to another.

13. As for temporary PSD detention centers,12

NCHR records with appreciation the PSD during

2008 to establish many security centers. Those centers include exemplary temporary detention

centers in accordance with international and national standards designed for such premises, a

variety of utilities, the allocation of special chambers for the detention of minors and women in

addition to waiting rooms for visitors. Despite this, NCHR noticed the continuation of several

passive practices that affect the rights of detainees and constitute a violation of national and

international standards. This requires PSD action to protect the rights of persons detained in

these locations. These comments had been repeated once and again in all reports issued over

the past four years, but the parties concerned failed to take them into consideration, foremost of

which were: A) Failure to follow any of the classification criteria guaranteed by national and

international standards when detaining defendants or suspects as well as the failure to allocate

spaces for prayers at security centers. B) The deterioration of environmental and health

conditions as well as poor cleanliness, non-availability of drinking water and the failure to

provide basic meals for the detainees with the exception of the lunch meal. C) The harsh and

inhumane treatment experienced by some detainees at certain security centers, particularly

those with precedents as well as others who placed under house arrest in addition to forcing

some detainees to carry out cleaning duties at the security center. D) Over-crowdedness of

some temporary detention centers most of the time, which leads to a considerable shortage in

services extended to detainees such as meals, beds and bed-covers. E) The forfeiture by

detainees of all forms of communication with the outside world 13

(family and friends)and

depriving them of the right to consult a lawyer during the early stages of investigation while

keeping him in an unhealthy solitary cell for long periods exceeding two weeks 14

which

constitute a violation of the guarantees of a just trial. F) Continued extension of periods of

legal detention fixed at 24 hours, where defendants are kept in custody for long periods

exceeding one week based on the Crime Prevention Law and sometimes without referring to

this Law at all. NCHR monitored the availability of arrest warrants, ready and signed in

advance by Administrative Governors at centers and security departments to extend the

detention of the person concerned week after week under the pretext of investigation. In many

cases, the detainee is transferred to several security centers to evade the text related to the

detention period of 24 hours. G) NCHR monitored five deaths at temporary detention centers

during 2005 which was the same figure recorded in 2007. Among this year‘s deaths was one

suicide, three normal deaths according to the coroners‘ reports and one still under

investigation.

Table 4: Complaints received by NCHR against the General

Intelligence Department

Complaints according to results No.

Reached satisfactory results

Complaints still being followed-up

Complaints beyond NCHR’s mandate

Complains stayed due to no violation

Complaints with no satisfactory results

12

Those include lock-up houses and detention locations at the Criminal Investigation Department (CID, the Anti-

Narcotics Department and the Family Protection Department. 13

Detainees are mostly deprived of the opportunity to contact their families to inform them where they are. 14

Jordanian laws do not stipulate that the defendant has the right to consult a lawyer except during preliminary

investigation and trial.

14. As regards houses of temporary detention at the General Intelligence Department (GID),

NCHR paid two visits to detention centers pertaining to the Department during 2008.15

The

Center noticed a discrepancy in detention periods, which varied from one week to one year

according to the arrest warrants issued by the SSC Prosecutor General. Complaints by GID

detainees can be summarized in isolating them inside solitary cells in detention centers, the

long periods of detention and preventing detainees from meeting their visitors in private during

these visits. Table (4) presents a summery of the complaints received in 2008 by NCHR

against the GID, which reached 36 complaints compared to 31 in 2007. NCHR appraises

GID‘s response to several observations and recommendations made to improve the conditions

of detainees at detention centers through following up the psychological health of the

detainees, providing them with daily newspapers, improving illumination inside detention

centers and informing the detainee‘s family of the place of his detention.

15. As for Reform and Rehabilitation Centers, NCHR carried out 32 visits during 2008 covering all

the ten Jordanian prisons 16

in coordination and cooperation with the OHRB at PSD

Headquarters. NCHR monitored the following contraventions and accidents which had a

passive effect on the right to freedom and personal safety during 2008, most important of

which were:

A) A higher frequency of rioting inside some prisons17

which led to passive results including

human casualties, namely the death by burning of three inmates at Al-Muwaqqar Prison,

the injury of 160 other inmates in three prisons and the spread of riots to five more

prisons. Material losses were estimated in Al-Muwaqqar Prison alone at 450-thousand

Dinars. It is noteworthy that NCHR‘s team was barred from visiting prisons during the

period between mid-April and the outset of August 2008 because of its report on the

events.18

B) The increase in the number of hunger strikes inside prisons to 1112 strikes, mostly due to

the deterioration of living conditions of inmates who were motivated to try to inform

public opinion of their bad status or to protest against some unjust administrative

resolutions or due to their and their families‘ ordeal resulting from long periods of judicial

and administrative detention.

C) Overcrowd ness of RRCs and the failure to approve a criterion for defining the absorption

capacity that would take into consideration the total area of the center and the space

allocated to the utilities and dormitories.

D) The emergence of a new phenomenon of ―selling the right of using equipment‖, ―selling

services , bribery among inmates and the spread of narcotic pills and violence among

inmates.

15

NCHR team took notice of the conditions of the detention centers and the legal conditions of the detainees who were

met in private and who were given the chance to present their claims and complaints. The team also took notice of the

prison environment, quality of food offered and the level of health care and psychological health services. 16

The number of convicts at Reform and Rehabilitation Centers this year varied between 7000 and 7500 distributed

among ten prisons. 17

Injury of more than 25 inmates at Beirain Prison, death by burning of three inmates on 26th

February 2008 and the

injury of more than 93 inmates at Al-Muwaqqar Prison on 14th

April 2008. 18

NCHR‘s report on its site concluded that the direct reason behind Al-Muwaqqar riots was the mal-treatment of the

inmates by some of the prison personnel which coincided with the haphazard transfers of inmates to implement

confinement.

E) The lack and exhaustion of the infra structure in some prisons , the deterioration of

precautionary, preventive and medical health care services, limited psychological and

psychic guidance care and the shortage in social care services.19

F) The ineffective judicial control over prisons and the limited legal assistance services

offered to inmates either because of their poverty or non-awareness of the importance of

such services.20

G) The failure to deal with the issue of continuity of service by prison personnel and the

failure to offer adequate material and moral incentives that encourage working in prisons.

H) The increase in the rate of the return to crime which reached 33 % for men and women

and the non-availability of precise statistics showing the types of crime, the age category,

the geographical area and the reasons behind repeated crimes.

I) Non-application of a system classifying prisons (dangerous, very dangerous) and inmates

(level of criminal danger, personality and age) to ensure the realization of achieving the

aim of reform and rehabilitation and to guarantee that inmates are enjoying their secured

rights. The periods of detention for some of them varied between one week and three years

depending on the judicial arrest warrants (SSC, HCC)

16. By contrast, several actions taken within the framework of developing prisons had been

registered including the following:

A) The issuance of resolutions setting free administrative detainees, particularly after the

events at Muwaqqar, Suwaqa and Qafqafa prisons 21

and the formation of a committee to

study and classify cases of administrative detention.

B) Opening an NCHR office at Suwaqa RRC on 3rd

Feb. 2008 with the aim of following up

all applications and complaints related to inmates from the legal, health and social aspects

in cooperation with the authorities concerned. This office was opened as the nucleus for

similar offices to be opened in other centers.

C) Appointing four nurse maids to work at the equipped nursery of Juwaidah Prison./ Women

where babies until the age of three are taken care of and thus permit the inmate to keep her

baby at her side.

D) Creating a website for the RRC Department.22

E) he announcement by the Minister of Culture on the implementation of a variety of cultural

programs for inmates, including theater and cinema shows and supplying the RRC

Department with 120740 cultural books. The National Association for Inmates Care also

offered 10-thousand books.

F) Appointing seven public prosecutors pertaining to the RRC Department in prisons to

receive the complaints of inmates.

G) Implementing programs emphasizing religious and moral concepts with the aim of

individual reform in cooperation with some preachers, spiritual guides, specialists and

Shari‘ah professors at the University of Jordan.23

19

For more details, see the report on the conditions of Reform and Rehabilitation Centers, NCHR, published on 8th

Feb.

2009 on website www.nchr.org.jo 20

Such legal assistance is offered by the visiting NCHR team and MIZAN Group to inmates of Juwaideh Prison-

women, but this does not fulfill the needs of inmates. It is hoped that civil society organizations and the Association of

Lawyers would play a bigger role in this important scope. 21

On 7th

May 2008, the Governor of Amman released 98 administrative detainees while the Governor of Zerqa released

75. On the occasion of the holy month of Ramadan, Lesser Bairam and Greater Bairam the Governor of Amman

released a total of 132 detainees out of 250-300 administrative detainees, including 50 females in Amman governorate

only. Also, police restrictions were lifted with regard to 615 persons after a special committee concluded a study on all

resolutions to this effect as part of the principle of reform and rehabilitation. 22

The web link is WWW.CRC.PSD.GOV.JO3

H) Preparing draft instructions of motivational treatment through offering incentives to

inmates in accordance with Articles (34) and (35) of the Reform and Rehabilitation

Centers Law No. 9 (2004), which permits the release of the inmate before the end of the

period of his sentence and thus deduct 1/4th

of the period of his imprisonment. The present

system enables all inmates to make use of this as soon as they are jailed regardless of their

behavior. 24

I) Organizing two Cultural seasons for prisoners over a period of six months at all prisons,

which include lectures enhancing awareness towards contagious diseases, AIDS,

psychiatry and other diseases25

in addition to presenting two theater performances in May

and June.

J) Printing and distributing 6000 copies of the ―Guide to the Rights and Duties of Inmates at

Reform and Rehabilitation Centers‖ as part of the national legislative enactments in

coordination with NCHR.

K) Holding a sports event over a period of five months and providing some prisons with

sports equipment donated by the International Committee of the Red Cross (ICRC).

17. As for the excessive use of force as well as police raids and arrests, NCRH received 18 tips

during 2008 about breaking into houses and of frightening residents and children in several

areas within the Kingdom during raids and arrests of wanted persons involved in security and

drug cases, thefts and major cases of embezzlement. Among these cases were events which

took place when police arrested some suspects in the Zarqa, Amman and Irbid governorates. It

has been noticed that there was an increase in the number of police raids carried out by the

Anti-Narcotics and Criminal Investigation Departments during 2008.

18. In order to protect the right to freedom and personal safety, NCHR reiterates its call to the

Government and the security departments concerned to adopt the Center‘s recommendations

included in its reports on prisons and which were re-stressed in its last report of 2007, most

important of which were the following:26

A. To abrogate the Crime Prevention Law. Until this Law is abrogated, NCHR stresses the

necessity of respecting court decisions and final verdicts of innocence or non-liability and

abide by them, implementing the principle of convenience of police procedures and the

extent of criminal danger upon imposing house arrest and returning all authorities related to

this issue to the judicial branch.

B. To remove the umbrella of the administrative governor away from investigation procedures

carried out by police, in a manner that does not permit continued detention of people and

23

These programs were started at Juwaideh Prison, particularly for 36 inmates of infidel thoughts who attended seven

sessions of a religious dialogue which began after Lesser Bairam and ended before Greater Bairam.. Two reports issued

by Al-Rai newspaper on 25 Feb 2008 and 16 Dec 2008 those inmates as ―repent ants‖ from extremist thoughts. Those

inmates will be transferred later to other prisons to make them mingle with undangerous inmates while keeping them

under intensive scrutiny to detect the change in their behavior and way of thinking as well as their way of dealing with

other inmates as stated by the Director of the Department of Reform and Rehabilitation Centers. 24

As part of the instructions related to the proposed motivational treatment, there will be differentiation between

inmates of good conduct and trouble makers inside prison. This draft was met with criticism by NCHR with regard to

the chairmanship of the Motivational Treatment Committee (Director of the Center) and the composition of committee

members in addition to discrimination between inmates making use of the period reduced. NCHR hopes that these

instructions will not be approved in their proposed form and that the required amendments will be introduced in order

to preserve the right of the inmate stipulated by Article 34 of the Reform and Rehabilitation Centers Law No. 9 (2004). 25

The two cultural seasons were executed with MoSD cooperation, the Department of the Chief Justice, MoH, NCHR

and the Anti-Narcotics Department. 26

For more details see the 6th

Periodical Report on the conditions of Reform and Rehabilitation Centers in the

Hashemite Kingdom of Jordan for 2008 issued on 8th

February 2009 and published at NCHR‘s web site

www.nchr.org.jo

interrogating them for long periods based on arrest warrants issued by administrative

governors.

C. Commitment by security centers to turn defendants and suspects to the public prosecution

within the period prescribed in the Adjective Procedural Law.

D. Commitment by administrative governors to the procedures that should be followed upon

resorting to administrative detention under Article (4) of the Crime Prevention Law with

regard to issuing an arrest warrant, hearing statements and issuing administrative detention

warrants.

E. Commitment by judges and prosecutors not issue judicial detention warrants except after

possession of preliminary evidence that makes such actions imperative.

F. To find a solution to the problem of crowdedness inside prisons, including the

promulgation of special legislative enactments on non-detention measures and activating

the legislative texts related to stay of execution.

Right to the establishment of justice

R 19. There is no doubt that an active judicial system constitutes the corner stone for achieving the

state‘s fundamental message of setting up justice among all individuals and laying down the

values of honesty, equality and equal opportunities in addition to protecting the rights of

citizens and expatriates as stipulated by the Constitution 27

and guaranteed by international

conventions.28

The Center appreciates the Government‘s continued support to the judicial

branch at all levels to ensure the enjoyment of this right—a matter which appeared prominent

in the measures taken by the Ministry of Justice (MoJ) in cooperation with the Jordan‘s

Judicial Council (JC), to implement the special JC communication strategy at its first stage

(2006-2007) and its second stage (2007-2009) which offered a fundamental basis for boosting

public awareness towards the performance of Jordan‘s judicial system.29

NCHR feels that the

promulgation of the amended Conciliation Courts Law No. 30 (2008) which went into effect

on 1st November 2008 would reduce the pressure exerted on courts of appeal and courts of first

instance. Under this Law, many cases of courts of first instance were transferred to conciliation

courts and many others were similarly passed by courts of first instance to the jurisdiction of

courts of appeal. NCHR believes that this amendment requires practical procedures for

increasing the judicial cadre at conciliation courts and upgrades its legal competence in order

to absorb the huge quantity of suits falling under their jurisdiction and ensure quality and speed

in settling these cases. Despite all what had been said, NCHR monitored during 2008

hindrances that had a passive effect on the protection of the right to the establishment of

justice. NCHR recorded some of these in its past reports as they have been present for years.

20. Among these impediments is that some legislative enactments are characterized by a

generalization in their text and the imputation of many of the detailed procedures to

instructions and decisions issued directly by the Ministers concerned as well as the speedy

changes introduced to all laws. Facts derived from practice show that many Government

institutions do not abide by the requirement of publishing resolutions and instructions in the

Official Gazette thus weakening the citizen‘s capacity to penetrate into the legal system and

have a problem in following up the resolutions and instructions issued. The publication of

legislative enactments is faced by the problem of confining publication in the Official Gazette

to amended articles under the name of ―Amended Law No…‖ or ―Amended Regulations

No…‖ This causes causing confusion in codifying legislative enactments due to their big

number or identifying the applied or abrogated legislative enactments by courts, public

institutions, lawyers and citizens. It is noteworthy that world experiences by various countries

take into consideration upon amending their legislative enactments the publication of their full

text thus enabling those concerned to refer to the latest amendment without need to search for

all legislative enactments.

27

See Articles 6/1, 9 and 27 of the Constitution. 28

See Article 14/1 of the International Convention on Civil and Political Rights 29

One of the most prominent results of this strategy was the appointment of court directors to relieve judges from the

pressure of administrative tasks, computerizing court work and attaching it to the internet in addition to activating the

JC e-page to enable the public to obtain information easily, sending several judges on scholarships to learn English and

French and train others on matters related to copyright, an MoJ media campaign aimed at orienting people on the

judicial system (educating people), promoting a general concept on judicial reform, development and role in fostering

the principle of the rule of law and minimizing the resort to courts through adopting alternative methods for settling

conflicts. Several judges have been trained on mediation and programs have been started to make citizens and lawyers

aware of alternative methods to settle conflicts.

21. The Judiciary Independence Law 30

and its amendments included several articles which affect

JC independence, most important of which is financial and administrative non-independence as

the Council has no system defining its organization, way of managing it or defining the

departments pertaining to it that enable it to carry out its duties. Moreover, the MoJ is the party

responsible for drafting the Council‘s budget.

22. The Judicial Inspection System, although it appears from the first glimpse that it violates the

principle of the separation of powers as stipulated in the Constitution, this system is still in

practical need for enacting a special system that would avoid all that is considered an

infringement on the jurisdictions of the judicial branch and at the same time ensures active, just

and authoritative inspection measures capable of carrying out follow up tasks. The Judicial

Inspection System further needs amendments that would secure higher standards of efficiency

for carrying out the task of inspection, granting the Inspector guarantees that would enable him

perform his tasks without impediments or subjective limitations and guarantee that the MoJ

would not keep the secret files of judges at its disposal.

23. It has been noticed that some legislative enactments granted judicial powers to executive

parties, which had been directly reflected on the work and independence of the Judicial

System. Some laws grant directors of these apparatuses the authority to issue resolutions that

had been historically and mentally attached to the jurisdictions of the judge and the Court. An

example of this is the Customs Law No. 32 (1998)31

which granted the Director General the

authority to issue resolutions of garnishment and prevention to travel in accordance with

Article (193) of the Law. NCHR documented several instances in which persons had been

prevented from traveling abroad decades ago, despite the fact that their cases are still in court

and despite the fact that the persons involved had expressed readiness to offer guaranty that

would safeguard the right of the Treasury. Moreover, the Crime Prevention Law grants judicial

authority to an executive apparatus, where facts show that administrative governors have

expanded in resorting to administrative detentions based on security recommendations that

may not be justified in many of the charges against individuals and before it has been proven

that the defendant had committed the crime. This applies to persons placed under house arrest

which is a violation of the principle stipulating that ―a person may not be punished for

committing a crime more than once‖ and is also an infringement of the right of man to

movement. This calls on NCHR to demand the amendment of these legislative enactments and

confine the authority of issuing such resolutions to the judiciary in its capacity as the original

party authorized to take the decisions affecting the freedom of citizens.

24. As for the amended system of the Court Fees System No. 108 (2008), NCHR feels that it

imposed high fees that put impediments before individuals attempting to collect their rights

while being unable to pay such fees, particularly under the hard living conditions of which a

large sector of individuals suffer at present. This contradicts with international standards on the

establishment of justice 32

and makes it imperative to review the system and introduce to it

amendments that would take the citizens living conditions into consideration as well as the

established principle that one of the major duties of the State is to bring about justice and that

the original principle is based on the doctrine that the state distributes justice free of charge.

The Center also feels that the jurisdictions of presiding judges should be activated by accepting

the interpretation that takes into consideration the rights of the litigant upon the

30

Published in the Official Gazette, Issue No. 4480 of 18th

March 2001 31

Published in the Official Gazette, Issue No. 4305 dated 1st October 1998

32 The Committee concerned with human rights said in its comment No. 32 on Article 14 of ICCPR that the State must

give the opportunity to man in every possible way to reach to the judiciary which the first and last guard of the rights

and freedoms of people and not placing impediments in their way.

implementation of provisions of the Fees System on the one hand and the use by presiding

judges of their power to postpone the payment of such fees on the other. Imposing fees on

penal appeals is also considered an impediment facing many in practicing the right to self

defense before courts of different levels, since imposing fees on appeals would not be

acceptable as they are directly connected with HR and freedoms.

25. As for Shari‘ah courts, in their capacity as part of the Personal Status courts, NCHR noticed the

presence of some impediments hindering litigation before these courts most important of

which are: high and numerous judicial fees such as lawsuit fees, execution fees, experts‘ fees

all of which pose an impediment before many who cannot afford them, particularly women

whose rights are violated and are unable to resort to courts due to the high expenses involved.

NCHR feels that the Shari‘ah Execution Law 33

No. 11 (2006) aims at simplifying procedures

of Shari‘ah litigation after the Shari‘ah execution operation was entrusted to regular MoJ

courts, but many of the lawsuits especially those related to alimony stop upon reaching the

stage of execution making litigation before such courts a problem due to the difficulty in

executing their verdicts. The National Committee for Women‘s Affairs has proposed a draft

law on establishing an alimony fund at Shari‘ah courts, but this draft law is still under

consideration despite the elapse of several years.

26. As regards ecclesiastical courts, 34

in their capacity as part of personal status courts, NCHR

monitored several problems that hinder litigation before these courts most important of which

are: A) Failure to publish in the official Gazette several personal status laws governing

Christian sects. B) The failure of the Roman Catholic Ecclesiastical Court to convene since

2007 despite requests by several citizens and the refusal of court officials to receive any suit

under the pretext that the Court is not convened. A Jordanian female citizen complained to

NCHR which in turn spoke to the Prime Minister following which the Court started its

jurisdictions and began receiving cases referred to it.

27. NCHR, while aiming at elevating the standard of the Judicial System and enabling it to perform

its tasks, foremost of which is to protect the rights of citizens and expatriates and enable them

to achieve justice and equity, recommends the following:

A. To take the necessary legislative steps to revise the Judicial System to enable it meet new

and continually developing needs in a way that ensures its administrative and financial

independence.

B. To work on establishing a constitutional court to maintain the constitutionality of laws, with

all what is meant by introducing constitutional amendments and bringing about serious

schemes to habilitate the judges of this court and provide them with knowledge and

constitutional expertise through specific and applicable programs. Until such amendments

are introduced, NCHR hopes that judges will exercise the judicial jurisdictions vested in

them under the prevailing laws with regard to matters related to the constitutionality of

laws.

C. To expand in implementing alternative methods for settling conflicts away from courts.

D. To publish all articles of the amended law in full, whether those which had been amended

or the ones which remained as they are in the Official Gazette, so that one could revert to

the latest amendment published without need to search for all articles of the legislative

enactments under every amendment

33

Published in the Official Gazette, Issue No. 4751 dated 16 March 2006 34

Namely the Ecclesiastical Courts of the Roman Orthodox, Roman Catholic, Latin, Armenian and the Arab

Evangelical creeds.

E. To minimize authorizations of judicial jurisdictions to executive authorities in applied

legislative enactments with the aim of fostering the work and independence of the Judicial

Branch.

F. To review the Court Fees System No.108 (2008), lay down a new system while keeping in

mind the old legal text, abrogating fees imposed on adjective appeals in all cases and adhere

to former discretions of higher courts in this respect.

G. To publish all personal status laws covering Christian creeds in the Official Gazette to place

them under State control and incorporate them in the Jordanian Legal System.

H. To expand training courses of judges, particularly those related to new issues, and

encourage them through giving them the opportunity to complete their higher studies in

outstanding law schools throughout the world.

Juvenile justice

28. Despite the fact that the Juvenile Law No. 24 (1968) and its amendments included several

positive aspects that provide securities for the right to a just trial for juveniles, foremost of

which are: the reduction of the penalty ceiling against juveniles, prohibiting the application of

the death penalty against them, and calling children violating law as ―delinquent juveniles‖ 35

NCHR however blames the Juvenile Law for the weakness of its provisions that do not suit

modern trends aimed at improving criminal justice for juveniles in order to reduce the problem

of their delinquency. The Center therefore urges the Government to expedite the promulgation

of the new Juvenile Law, which has been deposited with the Legislative Interpretation Bureau

since the end of 2007.

29. As regards implementation of guarantees for holding a just trial for juveniles, NCHR

appreciates MoJ and JC intention to allocate special courts for juveniles in addition to

increasing the number of Conciliation Courts36

in response to NCHR‘s recommendation in its

4th

Report on juveniles which urged the provision of a special judiciary tackling all stages of

the trial. NCHR considers this inclination as a positive step in the area of implementing the

provisions of the United Nations Convention on the Rights of the Child (CRC) with regard to

respecting the privacy of the child and the complete secrecy of litigation procedures.

30. In 2008, the Center received more than 100 complaints directly from detained children on

violations committed against them, compared to 87 complaints in 2007. Torture complaints

constituted the lion‘s share , i.e. 37 complaints from children who were tortured by Criminal

Investigation Department (CID) personnel37

, 21 complaints related to the right to receive

family care38

, 22 related to delay in litigation procedures, 11 to the right to education, 7

complaints related to the right to legal assistance, and 5 related to the right not to be subjected

to inhumane treatment.39

NCHR also monitored 71 instances of violations against children in

dispute with law through the project of ―Building capacities of the civil society for issuing the

parallel report and monitoring violations related to children‖. Violated rights as monitored are

classified as shown in the following chart:

35

UN principles for managing the affairs of juvenile judiciary approved by the UN General Assembly on 29th

Nov.

1985 called them ―criminal children>‖ 36

The amendment of the Law on the Formation of Regular Courts No. 31 (2008) was passed by the House of

Representatives . According to Article 4/B, specialized court rooms in Courts of First Instance may be allocated if

sound judiciary work requires this. 37

NCHR received a complaint from the father of two children who were tortured by Criminal Investigation Department

personnel on the background of arson after being detained at Jerash Police Directorate on 12 September 2008, which

constitutes another violation related to the separation of juveniles from adults as stipulated by international criteria and

national legislative enactments. 38

Many of the families of children intentionally refrain from establishing connections with their children due to

circumstances and reasons related to family disruption, e.g. The father of a child held at a Child Care Center refused to

see his son under the pretext that the child does not want to join vocational training which he chose for him, but facts

showed that the child‘s parents were separated and that the father was afraid that the child will eventually return home. 39

A member of the Judicial Police hit a girl who received a sentence to be transferred to a Protection and Care

Institution in front of the Judge because she protested against the court decision.

0 5 10 15 20 25 30 35 40

Right to family

care

Right to not being subjected to

torture

Right to rapid

litigation Right to learning Right not to be

subjected to inhuman

treatment

Right to legal assistance

Table 5: Drug offenses committed by children

Year No.

31. It has been noticed that theft and injury crimes are among the most frequent crimes committed

by children between 2001 and 2007. The highest of these all during 2008 were crimes related

to narcotics which reached 90 during that year and which in 2007 did not exceed 8 only. This

constitutes a huge increase in the number of these crimes as depicted in Table (5), which

covers the years 2001–2008.

32. NCHR has noticed that some juvenile penitentiaries face problems relating to the location

environment which hinder the implementation of habilitation programs for detained children.

This prompted the Ministry of Social Development (MoSD) to adopt a new policy for

vocational rehabilitation based on providing a location environment ready to receive and

shelter children, whether they are law violators or are in need for protection and care.

Accordingly, the Children‘s Penitentiary (age category 7-12 years) was moved from Bayader

Wadi Es-Seir area to Shafa Badran area and placed in a modern premise especially designed

for this purpose. A center for beggars, embracing female beggars, was also opened in Madaba

on 30th

November 2008 where environmental conditions applied are approximate and similar

to a family environment. Maintenance works were also carried out in most juvenile centers and

penitentiaries.

33. NCHR also noticed that positive developments in Juvenile justice occurred during 2008. These

included the signature of a joint memorandum of understanding (MoU) between the Center and

the Ministries of Social Development and Justice on 5th February 2008. This memorandum

was aimed at coordinating joint efforts in the area of monitoring and documenting related to

juvenile justice, as well as NCHR-MoSD cooperation in receiving complaints directly from

detained children. The Center is now working on expanding cooperation with other official

bodies40

within the framework of the efforts exerted to develop the Juvenile Criminal Justice

System and in conformity with international trends aimed at creating a third protocol to the

CRC concerned with receiving complaints and statements directly from children. Other

positive developments include NCHR-MoSD cooperation in opening two temporary detention

40

Such as the PSD Directorate, represented by the Family Protection Department, JC, MoJ, MoE, and MoL, through a

network concerned with elevating the ceiling of legal, social and institutional protection of children in any dispute with

law.

centers for children. The first was The Mafraq Male Security Center which was added to lock-

up houses in Amman, Zarqa, Irbid and Aqaba. The second was Al-Hussein Security Center

where the first lock-up house for girls was inaugurated in addition to special offices41

entrusted

with dealing with issues related to delinquent juveniles who commit misdemeanors and

contraventions, within the framework of a joint MoSD-PSD working mechanism.42

34. NCHR hereby appreciates the response to its recommendation mentioned in its 2007 report on

creating a lock house for girls who are in dispute with the law, to enable them avoid criminal

contagion and support the theory of juvenile justice since the moment of their arrest, especially

as the service offered to juveniles at this stage of litigation is characterized by legal and social

nature and are supervised by trained and efficient PSD and MoSD personnel. NCHR further

believes that offices entrusted with juvenile cases play a significant role in improving the

conditions of children being detained prior to trial for two reasons: The First: is to settle the

juvenile dispute away from court procedures, direct them towards social support based on

mechanisms of reconciliation and compromise between conflicting parties and solve problems

among children under certain conditions. The Second: is that this represents the nucleus of

creating police personnel trained and specialized in dealing with children during the pre-trial

stage, thus enabling children to avoid many of the violations resulting from coercion by

judicial police to make them confess or subject them to torture and inhuman treatment.

35. As for disseminating awareness, specialized training and orientation guides were prepared for

persons dealing with juveniles who are in dispute with the law with the support of international

organizations such as UNICEF, the UN office on combating crime and narcotics and the

International Organization for Criminal Reform with the aim of making maximum use of

reliable and specialized references on dealing with children in conflict with the law according to

international standards and national legislative enactments.

36. In the light of these comments and results, NCHR recommends in order to foster juvenile

justice, that constitutional measures for the promulgation of the juvenile draft law be expedited

and passed as soon as possible. It further recommends that rehabilitation and training of judicial

police and judges on protecting the rights of the child should be given high priority together

with encouraging civil society organizations to participate in improving and developing the

juvenile criminal justice system through preventive and rehabilitation projects aimed at

curtailing juvenile delinquency and activating the involvement of government institutions

dealing with juveniles in shouldering responsibility in accordance with international standards

of the rights of the child.

Right to hold public office

41

In four security centers which are (Quwaismeh Security Center, Zahran Security Center, Tabarboor Security Center

and Al-Hassan Security Center in Zerqa) 42

The mechanism of these offices is carried out as follows: MoSD personnel attend investigation sessions with juvenile

persons, register information related to the family of the child and inform them as soon as possible. A preliminary

social study is also conducted together with a meeting held between affected parties in an attempt for reconciliation.

PSD personnel pertaining to the Family Protection Department afterwards carry out the legal procedures implemented

with regard to misdemeanors and contraventions vested in police by Law (Preliminary investigation) create a data base

on crimes committed by children, define reasons behind them and search for appropriate social solutions.

37. The right to hold public office is one of the fundamental political rights of citizens which had

been guaranteed by the Constitution 43

and international HR standards.44

This right is governed

by the Civil Service Regulations No. 30 (2007)45

in addition to special regulations organizing

employment in independent public institutions. It is noteworthy that part of the appointments in

independent public institutions under special regulations is made in coordination with the Civil

Service Bureau (CSB). NCHR records the promulgation of the Ombudsman Bureau Law46

of

2008, which is considered as an important step within the framework of controlling the

performance of public institutions with regard to employment, promotions and the upgrading of

officials as the Bureau was granted the authority to look into the complaints made against any

resolutions, measures or practices or the act of refraining from carrying out decisions issued by

the Public Administration or its officials as specified in Article (12). The Law hence gave the

right to any person harmed by any of the decisions, procedures, and practices of refrain made

by the Public Administration, to file complaints to the Bureau vis-à-vis the Public

Administration. NCHR further appreciates the Government‘s response to its recommendation

included in previous reports concerning the necessity to promulgate the anti-corruption

commission draft law 47

which will facilitate the implementation of the Public Sector Reform

Scheme as well as future policies and national projects. The Anti-corruption Commission

received until the date of preparing this report, 53 complaints related to contraventions in

appointments and transfers in ministries, municipalities, universities and independent

institutions and commissions. Twenty of these complaints were stayed after the Commission

had found out that they were false and that actions taken to the effect were legal and sound.

Other complaints are still under investigation.

38. Within the same context, NCHR hereby indicates that the CSB study on facts related to human

resources and administrative organization within the civil service, has shown a discrepancy

within the salary scale, i.e. between the salaries of the Public Sector and those of the Private

sector. The study further indicated that such discrepancy was caused by basic salaries within the

civil service system on which all financial rights of the employee are based. This discrepancy

becomes conspicuously apparent upon comparing salaries in both Sectors. This also indicated

that social and economic development, the accumulation of increases in ratios of economic

development and the upsurge in the standard of living, its requirements and prices constituted

as a whole, reasons that imposed the necessity to improve the conditions of civil servants and

increase their salaries and allowances in order to enable them live a decent life, elevate the

standard of their performance and deepen their institutional allegiance.

43

Article 22 of the Constitution stipulates that i)―every Jordanian shall be entitled to be appointed to public offices

under such conditions as prescribed by law or regulations. ii) Appointment to any government office or any

establishment attached to the Government, or to any municipal office, whether such appointment is permanent or

temporary, shall be made on the basis of merit and qualifications. 44

See Article 21 of the UDHR and Article 25 of ICCPR. 45

The CSB was established by Law No.11 (1955) in its capaci9ty as central department responsible for organizing the

affairs of civil servants in the State to ensure the elevation of their efficiency and improve their performance. The tasks

of the Bureau were developed over years to include the following: -- Supervision over the implementation of the Civil

Service System and laying down the principles of competitive tests.—Selecting and appointing State officials in

accordance with the approved bases and criteria. –Patronizing the affairs of the public servant all through his career

and developing his scientific and practical capabilities. – Presenting indicators on the policies of training and

rehabilitation. 46

Published in the Official Gazette 4900 dated 16 April 2008 47

Jordan ratified the 2004 UN Convention on Anti-corruption and the Anti-Corruption Commission Law was approved

in 2006. Article 4 of this Law stipulates that among other targets of the Anti-corruption Commission are to expose the

cores of corruption, investigate all aspects of corruption including financial and administrative corruption, combating

nepotism and provide justice, equality and equal opportunities in distributing the gains of development.‖

39. It is noteworthy that the Civil Servants Bureau receives citizens‘ grievances and complaints

concerning public offices which are filled through the Bureau. Most complaints and grievances

are caused by the failure of complainants to acquaint themselves with basics, instructions and

regulations.48

Most of the complaints received by the CSB dealt with the competitive order of

applicants, humanitarian cases, objections related to domicile of some applicants seeking

employment, cases of refrain from attending competition tests or the acceptance of the public

office and the annulment of the appointment request after the completion of the procedures

prescribed by law. It is noteworthy that the CSB has recently established a special section

entrusted with receiving such complaints.

40. The 2007 Audit Bureau report49

cites contraventions of the right to hold public office, as certain

categories are still being employed without any consideration of the educational qualifications

required in the public servant. As for official universities, the report indicated that filling some

of the vacancies there take place without advertisement and without applying the principle of

comparison—a matter which contradicts with the principles of competition and transparency.

This also applies to municipalities where appointments take place without taking into

consideration the sound objective principles or availability of vacancies as well as adequate

money allocations—a matter that lays a heavy financial burden on the shoulders of

municipalities. Resolutions issued by the Personnel Committee at Greater Amman

Municipality50

show that some of these resolutions had authorized the payment of big amounts

of remunerations to a group of administrators and officials, without heeding to instructions

related to incentives and remunerations in conformity with the rules. It has also been noticed

that raises granted to officials on contracts are given without adhering to the provisions of law

or specifying the reasons which led to the grant of such raises.

41. During 2008, NCHR received three complaints. The first was related to promotions in

government departments, the second to unjustifiable transfers carried out for personal reasons

and the third on dismissal from work without sound legal justifications. The Center is currently

following up these complaints with the authorities concerned.

42. The NCHR monitored five decisions issued by the High Court of Justice (HCJ), some of which

included the abrogation of some administrative resolutions, while others ratified the

administrative resolutions issued by the authorities concerned.51

43. In the light of this general scene, NCHR recommends the necessity to follow-up the violations

monitored by the Audit Bureau and included in its annual reports on the right to hold public

office, in order to rectify such contraventions and hold those responsible accountable. The

Center further hopes that the Anti Corruption Commission, the Audit Bureau and OHRB

Bureau will implement special programs that would contribute to the reform of the Public

Sector and activate the Anti-Corruption Convention ratified by Jordan regarding the

development of the Public Administration and what is required from Public officials.

48

Such information was obtained during a meeting with the CSV Secretary General and several officials at the Bureau

on 25/3/2009 49

Information included was derived from the 2007Audit Bureau Report, as the 2008 report was not issued until the

time of preparing this report. 50

Greater Amman Municipality suffers from flaccidity and unjustified increase in the number of staff. It has been

noticed in recent appointments a considerable increase in salaries. 51

HCJ decisions abrogating administrative resolutions violating law (Decision No. 120/2008 dated 2/6/2008, Decision

No. 86/2008 dated 21/4/2008); HCJ decisions ratifying the authenticity of administrative resolutions (Decision No.

123/2008 dated 7/7/2008, Decision No. 98/2008 dated 9/6/2008, Decision No.82/2008 dated 13/5/2008)

44. NCHR endorses the CSB recommendation on the necessity of restructuring salaries, wages and

allowances in public service and in all Government departments in a way that takes into

consideration the developments affecting the standard of living, the facts related to current

overall salaries and the progression of categories and grades of public servants.

Right to a Nationality, Residence and Asylum.

45. Nationality is one of the most important elements of a person before law which should be

enjoyed by every human being. Article (6) of UDHR stipulates that ―Everyone has the right to

recognition everywhere as a person before law.‖ Accordingly, nationality is considered as one

of the most important rights of man, as the right of man before law and his rights and duties

towards his country and society, are defined through this right, which also confers on him his

State‘s diplomatic Protection and defines his competence and personal status abroad. To assert

this particular significance of nationality, Article (15) of the same Declaration stipulated that

―Everyone has the right to a nationality and that no one shall be arbitrarily deprived of his

nationality nor denied the right to change his nationality.‖ The international legislator did not

confine himself to what was stipulated in the UDHR, but dealt with this right in more than one

of the international conventions , some of which were ratified by Jordan52

while others were

not53

Despite the fact that international conventions stipulated this right, it however left its

regulation to the constitution and laws of States Parties, provided that they should take into

consideration the international standards mentioned therein due to the fact that it constitutes the

fundamental main stay of an individual‘s life from the legal, political and local aspects, and in

implementation of Article (5) of the Constitution and Article (33) of the Civil Law both of

which stipulated that nationality is defined by law. The Nationality Law No 6 (1954), which

laid down the conditions of acquiring the original, constituent or subordinate nationality or

naturalization as well as other matters related to nationality. It however still require

amendments 54

to cover the aspects imposed by the development of the society, particularly

after Jordan published several international conventions in the official Gazette on 15/6/2006

making their provisions became part of the National Legal System.

46. In Reality, NCHR feels that no change or progress had occurred with regard to the right to

nationality during 2008. The Center received during 2008 several complaints on the right to

nationality and the right to obtain identification documents totaling 30 in all, compared to 64

complaints in 2007.Among the most important complaints received were complaints on the

withdrawal of official documents (Passports, Civil Status Identity Cards, and the withdrawal of

National Numbers) based on the 1988 Administrative and Legal Disengagement (ALD) from

the West Bank resolution and providing complainants with temporary passports. NCHR

believes that the withdrawal of official documents, other than being a flagrant constitutional

violation and contravention of international standards, causes several passive effects including

the invalidation of an important human right of several persons despite their close and serious

link with the State, restriction of the right to movement of persons whose identification

documents had been withdrawn, deprivation of regular work and the right to live in addition to

52

Jordan published the following international conventions in the Official Gazette: ICCPR, which stipulates this right

in Article (16); the 1969 International Convention on the Elimination of All Forms of Racial Discrimination, which

demands that all member states should eliminate all forms of discrimination, including discrimination against

foreigners seeking asylum or nationality; the 1989 Convention on the Rights of the Child, in which Article 2 stipulates

that: ―1. States Parties shall respect and ensure the rights set forth in the present convention to each child within their

jurisdiction without discrimination of any kind, irrespective of the child‘s or his or her parent‘s or legal guardian‘s race,

color, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or

other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of

discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child‘s parents,

legal guardians or family members‖ and whose Article 7 reads as follows: ―1. The child shall be registered immediately

after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the

right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in

accordance with their national law and their obligations under the relevant international instruments in this area, in

particular where the child would otherwise be stateless.‖ 53

Other instruments include: Convention on the Status of Stateless Persons, Convention on Reducing Statelessness, and

Convention on the Nationality of Married Women. 54

The Nationality Law was amended more than once last of which was in 1987. See these amendments on the

following web site: www.lob.gov.jo./ui/laws/search_no.jsp?=6&year=1954

the continued sufferings experienced by those persons upon the renewal of their identification

documents over short periods, especially as some of them are married to Jordanian women and

have children, as well as the difficulties faced by the children of those persons with regard to

the right to education and the right to health which the Government is supposed to provide in

accordance CRC provisions, already ratified by Jordan.

47. This right is still confronting many impediments that violate its provisions, notably that the

prevalent interpretation is that the 1954 Nationality Law discriminate between Jordanian men

and women in their capability to grant their nationality to their children. as per Article (313) of

the Law. A thorough reading of Article (9) of the same Law, however, stresses that ―sons of a

Jordanian are Jordanians wherever born.‖ Interpretation of this text according to accepted

interpretations indicate that sons of a Jordanian mother shall enjoy holding the Jordanian

nationality.‖ However, the text ―sons of a Jordanian‖ in the masculine gender applies to males

and females where it is specified as being general and absolute. This interpretation has

emphasized the provisions of Article (2) of the same Law which stipulates that ―the word

Jordanian shall mean every person who obtained the Jordanian nationality in accordance with

the provisions of this Law‖ using the word person which applies to both males and females.

Had this text meant males rather than females, no Jordanian female would have enjoyed

holding the Jordanian nationality. On the other hand, and while the Constitution stipulates that

the ‖Jordanian nationality shall be defined by Law,‖ the nationality and identification

documents are being withdrawn on the basis of instructions related to the 1988 ALD resolution,

in contravention of the Constitutional text on the one hand55

and the International Bill of Human

Rights as well as other international conventions ratified by Jordan on the other, as States

Parties shall according to the text, refrain from taking any action leading to the deprivation of

any person of his nationality and that no one shall be arbitrarily deprived of his nationality

according to Article (15) of the UDHR.

48. As for the right to residence and freedom of movement, Jordan ratified the 2006 ICCPR, under

which official authorities have become committed not to expel an alien lawfully in the territory

of a State Party except where compelling reasons of national security otherwise require as

stipulated in Article (13) of this Covenant.56

During 2008, NCHR received 89 complaints

related to the right to residence and freedom of movement, compared with 166 complaints in

2007. These included the refusal by the Ministry of Interior (MoI) to grant wives of Jordanians

the annual residence permit in addition to the expulsion by security apparatuses of aliens

married to Jordanian women in cases where a court verdict had been issued against any of them

regardless of the charge. NCHR addressed the Ministry of the Interior on repeated expulsions,

but the Ministry refused to heed under the pretext that such a decision falls under acts of

sovereignty.

49. As for the residence and affairs of aliens, organized by the Residence and Foreigners Affairs

Law and its amendments No. 24 (1973), NCHR did not register any change in addressing the

conditions of persons residing in Jordan, despite the fact that the Center had earlier registered

55

The ALD resolution stipulates that ―every person living in the West Bank before 31/7/1988 shall be considered a

Palestinian citizen and not a Jordanian.‖ Article (3) stipulates that people of the occupied West Bank shall be granted

temporary passport valid for two years, while Article (6) stipulates that ―passports issued prior to 31/7/1988 shall

remain valid until expiry and their validity shall be amended to become two years upon reference by holder to the

Passport Department for any transaction whatsoever related to the passport. 56

This Article stipulates that ―an alien lawfully in the territory of a State Party to the present Covenant may be expelled

there from only in pursuance of a decision reached in accordance with law and shall, where compelling reasons of

national security otherwise require, be allowed to submit the reasons against the expulsion and to have his case

reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially

designated by the competent authority.

some comments on this Law most important of which are: A) Law, in Articles (19) and (37)

granted the Ministry of the Interior absolute authority to accept or reject a foreigner‘s residence

application, or to cancel a residence permit granted to him and order him to leave the Kingdom

without giving any explanation for such an action. B) Detention by PSD personnel of aliens to

be expelled until they are exempted or pay the fines imposed on them –a matter which takes

quite a long time probably months and constitute a contravention of their right to personal

freedom. C) The issuance by administrative governors of expulsion orders against foreigners

without giving them a chance to defend themselves or even settle their financial and social

affairs which also constitutes a violation of the right to a just trial.

50. As for asylum conditions, and despite the fact that the Constitution had stipulated in its Article

(21) (i) that refugees should not be expelled57

Jordan did not join the 1951 UN Convention

Relating to the Status of Refugee, but instead signed a memorandum and letter of understanding

with the United Nations High Commission for Refugees (UNHCR) in 1997–1998 to regulate

the mechanisms of transactions between both sides.58

This refugee status remained unchanged

until 2008. International legal organizations and research bodies continued to believe that the

main reason behind the harsh conditions faced by refugees resulted from the failure to join the

said Convention.59

In 2008, complaints by refugees continued to converge on NCHR on the

most important problems they face. During the year, the Center received 7 complaints related to

the problem of residence, its legality, the forfeiture of the validity of personal identification

documents, the failure by UNHCR office to take action on asylum applications submitted to it

during the period agreed upon with the Jordanian Government and the failure to inform

UNHCR of the arrest of any of the persons who were granted asylum or applied for asylum.

51. It is noteworthy that the MoI had earlier rejected a proposal by UNHCR Office to follow the

mass acceptance system for Iraqi refugees and instead insisted on UNHCR‘s commitment to

implement the MoU signed in 1998 which stipulates that asylum applications should be

considered case by case.60

NCHR hereby records the futility of the solutions suggested to the

problem of Iraqi refugees, This was exhibited in the limited number of voluntary return of

refugees to Iraq on the one hand or naturalization in a third country on the other. This also

asserts the fact that the international community is not shouldering its legal and humanitarian

responsibilities of finding alternative solutions for refugees which in turn requires that pressure

should be exerted on this community to find an appropriate solution that preserves the rights of

refugees and those of host countries as well.

52. To protect the rights of the individual to a nationality, residence and asylum, NCHR stresses the

necessity to adopt several recommendations including the following:

In the area of the right to Nationality: the Center reasserts recommendations included in

previous reports most important of which are:

57

Article (21-i ) of the Constitution stipulated that ―political refugees shall not be extradited on account of their

political beliefs or for their defense of liberty‖ 58

UNHCR work in Jordan is based on that Memorandum as Article (5) thereof stipulates that ― asylum should be

humanitarian and peaceful and therefore the two parties have agreed that asylum seekers and refugees should receive a

treatment as per the international accepted standards. A refugee should receive legal status and UNHCR would

endeavor to find recognized refugees a durable solution be it voluntary repatriation to the country of origin or

resettlement in a third country. The sojourn of recognized refugees should not exceed six months. 59

For more details see the Migration Policies Institute in Washington, the International Humanitarian News Network

(IRIN) pertaining to the UN Office for the Coordination of Human Affairs (OCHA) and the Australian AUSTCARE

Organization. 60

The number of Iraqi refugees in Jordan is estimated at 400 thousand while the number of Iraqi asylum applicants is

estimated at 52 thousand, of which 7650 were granted asylum

A. Activating Article (5) of the Constitution under which nationality cannot be granted or

deprived from any person except according to law and that nationality and other

identification documents may not be withdrawn except by a final judicial order.

B. Canceling Jordan‘s reservation against Article (9) of the Convention on the Elimination of

all Forms of Discrimination Against Women (CEDAW)61

C. Setting up a committee comprising competent government agencies to study urgent

humanitarian cases related to the withdrawal of documents from citizens and the results

thereof and to work towards bringing about just solutions for those citizens.

Concerning the right to residence, NCHR reiterates the necessity to implement its

previous recommendations on the following:

A. Amending Article (37) of the Residence and Foreigners Affairs Law, which grants

administrative governors and other executives the authority to issue an expulsion

order, so that such order will not be issued unless it includes the reasons behind

expulsion and grant the person involved a grace period before expulsion to enable

him defend himself before judicial authorities, in conformity with the provisions of

the Constitution which stipulates that courts are open before all and to give the

person a specific period to settle his financial and social matters upon the issuance of

an expulsion order.

B. To refrain from expelling a husband of a Jordanian woman and a wife of a Jordanian

man under administrative orders, in order to secure the stability and living

conditions of the family through introducing an explicit provision on the right of a

foreigner married to a Jordanian and her non-Jordanian residing children to

residence and grant them residence permits within specific conditions and controls.

As regards the right to asylum, NCHR reiterates its recommendations included in its four

previous reports to this effect, most import of which is to avoid the legislative

shortcomings related to the legal status, rights and obligations of refugees according to

international criteria and hereby recommends the following:

A. Laying down and approving a conspicuous national mechanism for addressing refugee

issues.

B. Informing UNHCR through official authorities and as soon as possible if an asylum seeker

had been detained as stipulated in Article (2) of the MoU concluded between the

Government and UNHCR.62

C. Issuing instructions to security apparatuses on the necessity to inform UNHCR in case of

the detention of persons entering Jordan illegally with the aim of seeking asylum as

stipulated in Article (3) of the same Memorandum, before deciding on his banishment or

expulsion.

Right To Elect and Be Elected and the Legislative Performance of the

House of Deputies (HoD)

61

Article (9) stipulates that 1) States Parties shall grant women equal rights with men to acquire, change or retain their

nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband

during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the

nationality of the husband. (2) States Parties shall grant women equal rights with men with respect to the nationality of

their children. 62

The Article stipulates, ―that the principle of non-refoulment should be respected that no refugee seeking asylum in

Jordan will be returned to a country where life of freedom could be threatened because of the reasons mentioned in the

1951 agreement.

53. Elections are viewed as being the fundamental democratic tool for exercising the right to

administer public affairs as confirmed by the Constitution.63

and international conventions.64

Several electoral laws were promulgated to regulate this right last of which was the Provisional

Election Law for the House of Deputies No.34 (2001), which included several provisions that

enhanced the practice of the right to vote most important of which were: Reducing the age of

the elector from 19 to 18 years thus enabling every citizen who had completed 18 solar years of

age on the first day of elections to participate in voting and sorting out results at voting centers.

As for the developments witnessed by this right during 2008, NCHR has noticed that no

initiative was made neither by the Legislative Branch or the Executive Branch to discuss and

amend the Provisional Election Law of the House of Deputies No 34 (2001), despite the fact

that civil society institutions and political activists offered many ideas on the proposed texts of

the Election Law. This right therefore remained without positive change despite the fact that

the Government had committed itself in its policy statement—upon which it won HoD

confidence—to act on amending and promulgating the necessary legislative enactments that

personify public participation, magnify democratic culture and promote the feeling of

citizenship. It listed the Parties and Election Laws as part of the positive and responsible

dialogue to this effect.

54. On the other hand, this Law includes several provisions, which are not in congruence with the

principles of free and fair elections as organized by international principles of the right to elect. 65

These include: 66

A) The Failure to realize the principle of representation and equality among

all citizens with regard to the absence of justice and equality in dividing constituencies, the

presumptuousness of the Executive Branch in this respect,67

the failure to implement in full the

principle of public election and nomination in addition to the failure to implement the principle

of equality among nominees due to inequality in the weight of their electoral vote as well as

the difference in the number of seats allocated for each constituency together with granting each

voter one vote. (B) The failure to implement the principle of transparency and neutrality of the

authority running the election process. This appears in the failure of the Election Law to

regulate the process of preparing the election sheets in a way that ensures their precision and the

neutrality of the authority supervising the election process as result of granting the Executive

Branch the authority to supervise the election process fully, beginning from the preparation of

the election sheets and ending with announcing the results of the election process, add to this

the absence of neutrality of the authority entrusted with determining the validity of the election

of the deputies, namely the HoD.

Table 6: Laws passed by the HoD in 2008

Laws passed by the

Upper House.

Laws passed by

the HoD.

Laws received by the

HoD from Govt.

No

Session

63

As stipulated by Article (67) of the Constitution which read as follows ―The House of Deputies shall consist of

members elected by secret ballot in a general direct election and in accordance with the provisions of an Electoral Law

which shall ensure the following: (i) The integrity of the election. (ii) The right of candidates to supervise the process

of election (iii) The punishment of any person who may adversely influence the will of voters. 64

See Article 21 of the UDHR and Article 25 of ICCPR. 65

66

Election Laws are still provisional and do not embrace all necessary international criteria for free and fair elections

that govern the election process of consecutive chambers of deputies since the resumption of democratic life in 1989.

This also applies to the elections of the 15th

House of Deputies which came under heavy criticism when they took place

in 2007. 67

The present Election Law entrusted under Article 52 the Executive Branch with the task of dividing constituencies

and defining seats in each constituency as this Article specified that division shall take place in accordance with

regulations to be issued to this effect. The Division of Constituencies System No. 42 (2001), published in the Official

Gazette on 23/7/2001 was issued dividing the Kingdom into 13 electoral areas which include 45 constituencies.

6869

36 1st ordinary session

1st extraordinary session

2nd

ordinary session

55. In 2008, the Parliament held three sessions.70

In this regard, NCHR records that the first

ordinary session was held immediately after the conclusion of elections for the 15th

House of

Deputies, as the Royal Decree summoning the National Assembly to convene was issued on

2/12/2007. This constitutes a sound application of the provisions of Article (73/1) of the

Constitution.71

Moreover, the second ordinary session was convened on 5/10/2008, in

conformity with the provisions of Article (78) of the Constitution.72

In activation of the

provisions of Article (112) of the Constitution, the National Assembly approved the State‘s

general budget for 2009 in December 2008, after the Government submitted the draft Budget

Law at an early date.73

As for the legislative role exercised by the National Assembly, Table (6)

shows the number of draft and provisional laws passed by the 15th

National Assembly during its

2008 parliamentary sessions which totaled 87 laws. It is noteworthy that the HoD has turned

down all petitions by citizens and candidates on the validity of its members during its first

ordinary session74

either totally or in form or substance based on decisions taken to the effect by

the committees concerned.

56. The Center took notice of some indicators on the legislative performance of the National

Assembly including (A) The Upper House returned to the Lower House ten draft laws. This

was construed by some members of the National Assembly itself as a clue of the existence of a

legislative problem.75

(B) The slow down by committees in performing draft laws referred to

them during the first legislative session76

The press tackled HoD performance with much detail

and made several comments on some aspects of this performance.

68

It is noteworthy that the House of Deputies passed in its first session four laws which were placed on the agenda of

the 14th

House of Deputies. 69

70 The first was the ordinary session of the 15 House of Deputies held between 2/12/2007 and 30/3/2008. The second

was the extraordinary session held between 1/6/2008 and 12/7/2008. The third was the second ordinary session held

between 5/10/2008 and 4/2/2009 71

Article (73/i ) of the Constitution stipulates that if the House of Deputies is dissolved, a general election shall be held

and the new Chamber shall convene in an extraordinary session not later than four months from the date of dissolution.

Such session shall be deemed to be an ordinary session in accordance with the provisions of Article (78) of the present

Constitution and shall be subject to the conditions prescribed therein in respect of prolongation or adjournment. 72

Article (78) of the Constitution stipulates that ― The King shall summon the National Assembly to an ordinary

session on the 1st day of October of each year or , if that day is an official holiday, on the first day following the

official holiday, provided that the King may, by Royal Decree published in the Official Gazette, postpone for a period

not exceeding two months the meeting of the Assembly to a date to be fixed by the Royal Decree‖ 73

Article (112/i) of the Constitution stipulates that ―the draft law covering the General Budget shall be submitted to the

National Assembly for consideration in accordance with the provisions of the Constitution at least one month before

the beginning of the financial year.‖ 74

Article (71) of the Constitution granted the House of Deputies the right to determine the validity of the election of its

members by stipulating that ‖the House of Deputies shall have the right to determine the validity of the election of its

members. Any voter shall have the right to present a petition to the Secretariat of the Chamber within fifteen days of

the announcement of the results of the election in his constituency setting out the legal grounds for invalidating the

election of any deputy. No election may be considered invalid unless it has been declared as such by a majority of two-

thirds of the members of the Chamber. 75

See statements by MP Mohammed Abu Hudaib in Al-Dostour Newspaper on 2/4/2008. 76

Performance of Parliamentary Committees varied. The Financial and Economic Committees performed 23 laws and

reports, followed by the Legal Committee which performed 11 laws and motions, followed by the Educational and

Cultural Committee -5 laws- while the Administrative and Energy Committees were equal in performing 4 by each. On

57. Dealing with another aspect, NCHR monitored the promulgation by the National Assembly

during 2008 of a set of laws directly connected with HR including77

an amended law to the

Public Meetings Law. Despite the fact that civil society organizations asked the HoD to reject

the draft law or introduce substantial amendments to it, particularly the text which defines a

meeting and that requesting prior permission from the Administrative Governor before making

any move to hold such meeting, this Law still contains provisions that constitute a violation of

international conventions ratified by Jordan, as this Law restricts this right which is connected

to practicing other political rights such as the right to political participation and the right to

freedom of opinion and expression.

58. Among the most important laws approved by the National Assembly is the Ombudsman Bureau

Law 78

under which the OHRB was created. This Bureau which has a judicial personality and

enjoys financial and administrative independence, looks into complaints of individuals against

resolutions, procedures, practices or the refrain from carrying out any of them by the Public

Administration or any of its staff, provided that the scope of judicial or administrative objection

is not valid or under consideration before a judicial party or had been decided on by a judicial

verdict. NCHR has several comments on this Law most important of which are: (A) The weak

authority and powers vested in the OHRB President with regard to any of the complaints

submitted to him, as he has no authority to carry out actual investigation in any of the claims

made against the Public Administration , but has the right to ask for providing him with

authenticated copies of the documents, papers, statements or information related to the

complaints made in accordance with Article (15-c) of the Law but shall have no right to ask for

the original copies of the documents or request any of the persons involved in the complaint to

appear before him for questioning or presenting whatever documents or vouchers he possessed.

(B) Article (15-d) deprived the President of the Bureau of taking any action against the party

involved if this party failed to reply to the complaints of the plaintiff or refrain from providing

him with the required documents or information. It confined his right to merely ask the Prime

Minister to take necessary action, thus raising a big question mark regarding his impartiality

and independence from the Executive Branch. (C) The stipulation by Article (16-b) of the

elapse of one year after the occurrence of the event mentioned in the complaint for referring the

issue to the OHRB, constitutes a violation of the simplest general principles related to

prescription and hearing the case as the prescription period for submitting a complaint to the

OHRB should be connected to the date the plaintiff becomes aware of the event involved and

not the date the event occurred as it is expected that a time lapse should exist between the

issuance of the resolution by the Public Administration and the date of the plaintiff‘s complaint

or his awareness of the event.

59. To protect the right to elect and be elected and the legislative performance of the National

Assembly, NCHR reiterates its recommendation included in its previous reports concerning the

necessity to (A) Expedite the promulgation of a permanent election law in conformity with

established principles within democratic systems and expedite as well the implementation of the

recommendations related to the Election Law which were included in the National Agenda as

the other hand, official Parliamentary documents showed that by the end of the first ordinary sessions Parliamentary

Committees had draft and provisional laws as follows: The Legal Committee 15, the Financial and Economic

Committee 24, the Administrative Committee 10, the Energy Committee 2, the Public Services, Tourism and

Archeology Committee 1, the Agricultural and Water Committee 2 and the Labor Committee 1 law. 77

It must be noted that NCHR monitored in addition to the Public Meetings Law and the Ombudsman Bureau Law a

set of laws related to human rights such as the Societies Law and the Domestic Violence Law which were presented in

this report. 78

Law No. 11 (2008), published in the Official Gazette, issue 4900 dated 16/4/2008.

well as the NCHR report on supervising Parliamentary elections in 2007.79

(B)To work on

bringing about a new mechanism for considering and deciding on the validity of the election of

Members of Parliament (MPs) through the amendment of Article (71) of the Constitution and

entrusting a judicial body with determining the validity of the election of MPs.

Right to Freedom of Opinion, Expression, the Press and Information.

Table 7: Number of violations80

of freedom of opinion, expression, the press, and information.

No of cases for 2007 No. of cases for Type

Body harm

- Material harm

Detention

- Security convocation

Threat

Prevention from practicing profession

Difficulty in obtaining information

Trial

- Self censorship

- Intervention in the press work

Financial and Administrative Impediments

- Advance censorship

Prevention from attending public activities.

60. Article (19) of the ICCPR stipulates that ―Everyone shall have the right to freedom of

expression; this right shall include freedom to seek, receive and impart information and

ideas of all kinds.‖ Article (15) of the Jordanian Constitution also stipulates that ―the State

shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by

speech, in writing or by means of photographic representation and other forms of

expression, provided that such does not violate the law.‖ The same Article also stipulates

that ―freedom of the press and publications shall be insured within the limits of law.‖ Hence

comes the significance of ―the binding opportunity‖ of the freedom of opinion and

expression within the community as it represents a guaranteed right as per the Constitution

and international conventions, in addition to the fact that it also represents the main and best

method for communication and interaction among the specters of the entire society on the

one hand and between these specters alone or together and State apparatuses and institutions

on the other. Freedom of opinion and expression offers an opportunity to every citizen to

take a look at the world through an open and legitimate window which will make him

acquire more knowledge and interact with new ideas and news.

61. Several ebbs and tides took place during 2008 in the area of freedom of expression and

opinion. As for the journalist and information framework within the Kingdom, the

following indicators show the most significant contraventions committed against the

freedom of the press and the media. Table (7) shows a comparison between several

contraventions in the areas of freedom of opinion and expression and the freedom of the

media during 2008 compared to 2007. Most significant of these violations was the physical

harm inflicted when a writer in Al-Ghad newspaper came on 26/12008 under an assault by a

person holding a sharp object (scalpel) by which slashed part of the writer‘s face while he

79

See NCHR‘s report on the 2007 parliamentary elections, posted on the Center‘s website www.nchr.org.jo 80

Instances in the Table are based on what had been published in daily and weekly newspapers as well as websites

monitored during 2008 which do not necessarily represent all violations which might have been committed and could

not be monitored by NCHR

was at home after publishing certain press materials. An editor of the Ammoun electronic

web site also came under attack on 29/3/2008 by security forces that pushed him and beat

him so as to prevent him from covering the elections of the Contractors‘ Association. As for

material harm, Table (7) included two instances which took place in 2008 compared to none

in 2007. The first took place when a car owned by a journalist in Al-Rai newspaper was

subjected to shattering by unknown persons at Zay area on 26/1/2008. The car of another

journalist working with Al-Dustour newspaper was burnt while being parked in the

courtyard of his house on 27/4/2008.

62. As for detention, 2008 witnessed three such instances compared to 10 similar instances in

2007. These included the detention of a photographer of Al-Ghad newspaper at Al-

Ashrafiyyeh Police Station for two hours while he was on an official mission photographing

a site where an exchange of fire took place in Al-Nadi Street at Al-Wihdat Refugee Camp.

Police escorted him to the Police Station under the pretext that he failed to obtain an official

permission to photograph the site. Amman‘s Public Prosecutor detained on 20/10/2008 a

journalist of Al-Arab Al-Youm newspaper for 14 days for interrogation related to a suit

raised by the Press and Publications Department after publishing a poetry anthology titled

―Bi-Rashakat Dhill‖ which was considered as a contravention of the Press and Publications

Law. The Chief editor of Al-Ikhbariyyeh weekly was detained on 28/102008 for 15 days for

SSC interrogation under Article (150) of the Penal Code on the background of criticizing an

official at the Ministry of the Interior.

63. As regards summoning by security apparatuses, the Chairman and Chief Editor of Al-

Bayda‘a weekly was summoned on 24/12/2008 after his newspaper published a news matter

related to the Medical City. As for the threats indicator, NCHR monitored one such case in

2008 compared to three cases in 2007. The Editor of Al-Sawsana weekly revealed on

16/9/2008 that he had received murder threats by unidentified persons after publishing

news about consecutive events witnessed by companies dealing in shares within the world

stock market. He filed a complaint with the security authorities concerned which started

investigations to identify the persons involved.

64. As for preventing people from practicing their professions, essays by a writer in Al-Arab

Al-Youm were stopped on 6/9/2008 after increased pressure on him and his newspaper‘s

management to dissuade him from writing and expressing his opinion as well as the opinion

of the Socialist Left in Jordan on several internal issues. His daily column was suspended

and he later lost his job on the background of the views and stands expressed by him within

the context of an argument between political powers on several domestic issues.

65. As for the difficulty in obtaining information and the measures taken to restrict them,

NCHR monitored five cases in 2008 compared to four in 2007, where the Prime Minister

issued a circular preventing officials working in Ministries and government departments

from leaking out to the media any information or answering any queries related to any of

the issues pertaining to their departments or otherwise become liable under the provisions of

law. The Center believes that this circular obstructs the supervisory role of the media in

unveiling any administrative or financial violation or corruption and contradicts with

domestic laws and international conventions ratified by Jordan.. It also feels that this

circular obstructs the freedom of the press media and its right to have access to information

to enlighten public opinion and hinders the right of the public to have access to knowledge.

Within this context, NCHR would like to point out that most information spokesmen in

Ministries and official departments are still skeptic in providing the press with information.

The Ministry of the Interior also issued instructions on 12/3/2008 ―Organizing the Work of

Internet Cafes‖ and obligating owners of these cafes to install control cameras and register

details on users such as their names, phone numbers, time of use and the sites they review

on the internet, which all constitute a violation of the right to circulate information and the

right to privacy of internet users. NCHR calls on the Government to review these

instructions which could expedite listing Jordan as a country antagonist to the freedom of

using the internet. On 23/6/2008, the Minister of Water refrained from providing journalists

with information on the Ministry‘s future programs and projects, particularly Al-Disi Water

Flow Project during the Water Resources Management Conference. Meanwhile, The

Journalists‘ Association received on 25/6/2008 a complaint from the Director of the Office

of Al-Jazeera Space Channel in Amman concerning the prevention of the office‘s

photographers and correspondents from entering SSC premises about a year ago, while

other journalists were prevented from entering some ministries and public institutions. This

shows that the press is still suffering in its endeavors to have access to information as well

as its endeavors to obtain news from their main sources, despite the compulsory nature of

legal texts which make access to information a right in the Press and Publications Law and

enable journalists to obtain such information through the use of the Right to Obtain

Information Law. On the other hand, the Information Board launched a national information

awareness campaign heralding the beginning of the implementation of the Law on

Guarantee of Access to Information81

, which will bring about an inciting environment for

the investigative press which will instigate a perseverant and deep search for facts, add to

this the orientation campaigns, workshops and training courses launched by the National

Library Department to remind citizens of their rights prescribed by law and the mechanism

of the procedures approved by the Information Council to this effect. The Center however

records that the impediments faced by journalists in having access to information are the

most common despite the promulgation of the Law on Guarantee of Access to Information

and what the Press and Publication Law provides with regard to giving access to

information within certain time limits. This necessitates the activation of implementing the

said laws by the official and domestic authorities.

66. As for the prevention from attending public activities, and the difficulties faced by

journalists in their attempts to have access to information, the Journalists‘ Association

received a complaint from the Director of Al-Jazeera Space Channel Office in Amman on

the prevention of its photographers and correspondents from obtaining official permission

to photograph some border archeological sites in line with applied rules, contrary to the

approvals granted to other channels operating in Jordan. Journalists were also prevented

from covering the sessions of the Upper House, with the exception of the Jordanian News

Agency (Petra) correspondents. Some of these instances had been referred to within the

context of the indicator exhibiting to the difficulties faced in obtaining information, as

preventing the journalist from being present at the site of any event hinders his capability to

have access to information.

67. In the area of bringing journalists to trial, NCHR recorded several instances which included

the following:

81

The Information Council completed the preparation of forms for requesting information within a specific time limit

and in a way that would enable the person requesting information to file a suit against whoever refuses to answer such a

request for information. The Council of Ministers also approved the charges that the Department should receive in

return for photo copying the requested information. It also decided to exempt the persons requesting information from

all charges if the number of sheets requested were less than ten against nominal amounts for preparing lengthy data

that require research in depth.

A) On 18/3/2008, Amman Court of First Instance sentenced the Chief Editor of Al-Dustour

Newspaper and the Chief Editor of Al-Arab Al-Youm newspaper in addition to two other

journalists to three months imprisonment on charges of slander after publishing an article

in November 2007 describing a judicial verdict as unjust. The Higher Judicial Council

accused the journalists of impairing the judiciary. In a similar case, the same Court

sentenced on 13/3/2008 a journalist in Al-Rai newspaper to three months imprisonment

for publishing an article in December 2007 on the website : www.runonline.net saying that

the expenses of the official in charge of the Jordanian Information Center were

exaggerated.

B) Ain Al-Basha Reconciliation Court on 17/8/2008 acquitted a journalist of Al-Rai

newspaper after charging him with contempt of an official (a policeman), resisting

officials and inflicting harm on others.

C) The Chief Editor of Al-Ikhbariyyah weekly appeared before the Amman Public

Prosecutor, in August 2008, after being sued by the HoD on charges of slandering the

reverence of the Chamber after publishing an article in the newspaper in 2006 criticizing

the HoD Speaker.

D) On 24/9/2008, Amman Public Prosecutor referred the Chief Editor of Al-Ikhbariyyah

weekly to the Anti-Corruption Commission and the SSC for criticizing the Governor of

the Capital. He was charged with: character assassination and instigating religious and

sectarian conflicts.

E) On 24/9/2008, Amman Public Prosecutor embarked on investigations related to a suit by

the Minister of Water and Irrigation and the Secretary General of the Jordan Valley

Authority ―in their personal capacity‖ against a weekly newspaper after publishing

material undermining their reputation. The Public Prosecutor accused the plaintiffs of

imbalance and lack of subjectivity in presenting the journalistic material, non-respect of

the private life of others, practicing the journalist profession by non-professionals and

defamation and slander in contravention of the provisions of the Press and Publications

Law and the Penal Code.

F) On 14/10/2008, the Amman Public Prosecutor began investigations with a Publishing and

Distribution House at the request of the Director of the Press and Publications Department

who accused the Publisher of violating the Press and Publications Law by publishing a

book containing clauses offending the Islamic religion and the divinity.

68. As for self-censorship, four columnists in Al-Arab Al-Youm newspaper refrained for

different periods from writing articles as result of a political and information controversy

which took place between writers and journalists on the permitted space of the freedom of

opinion in the Kingdom. NCHR believes that self-censorship imposed by the journalist on

himself constitutes a restriction on the freedom of the press and prevents the journalist from

expressing his opinion due to his fear from bad consequences that would eventually result

with lowering the margin of the freedom ceiling below that guaranteed by law.

69. Concerning interference in journalism, the publisher of Al-Arab Al-Youm newspaper hinted

in an article published on 25/6/2008 that his newspaper is coming under pressure to change

its editorial policy and the tendency of its writers under the pretext that the paper has

become ―a newspaper opposing everything.‖ He also mentioned pieces of advice he

received from official, varying from selling the newspaper or the suspension of one or more

of its editors in addition to altering the method of dealing with news items due to the

positions adopted by some of its editors towards public issues.

70. As for administrative and financial impediments, Al-Luweibdeh magazine interrupted

publication on 3/8/2008 following a request by the Press and Publications Department to

rectify its legal status and register the Magazine at the Ministry of Industry and Commerce

as a company, not an individual institution. The Magazine had earlier applied for a license

prior to its publication, and was published one month later as failure to reply on behalf of

the authorities concerned, is considered as legal approval. After a while, the Magazine was

taken by surprise when it was requested to re-register the institution publishing it in its

capacity as a company rather than an individual institution. It is noteworthy that the

Legislative Interpretation Bureau approved the licensing of the Magazine following its

interruption for four consecutive issues. NCHR records that a 5 % fee has been imposed on

the returns of advertisements in the press, radio and television institutions under the Culture

Care Law, in addition to a 2% of the licensing fees of radio and space stations or the

renewal of the licenses of operating stations. This raised a controversy within media circles

which expressed wonder over the imposition of new fees on the media sector instead of

exempting it on equal footing with other industries. The Center believes that imposing fees

in this manner contradicts with international standards as such fees lay down impediments

before the media industry and prevent citizens from having access to various information

media.

71. Beside the negative indicators mentioned with regard to the freedom of the press during

2008, here are positive indicators witnessed in the area of journalism during the past year,

most important of which are: (A) No newspaper had been closed neither permanently or

temporarily. (B) No foreign journalist had been prevented from entering the country or had

been expelled out of the Kingdom (C) The Journalists Association had not received any

complaint from journalists on being exposed to pressure to unveil the sources of their

information. (D) The Journalists Association had not received any complaint on the seizure

of any tools or documents.

72. As regards legislative enactments, NCHR‘s report on the HR situation last year listed the

most important legislative enactments issued during the said year including the amendments

introduced to the 2007 Press and Publications Law. Upon reviewing freedom of the press

indicators during 2008, NCHR feels that it is imperative to indicate that despite the fact that

the Law imposed on all official bodies and public institutions to guarantee the right of

journalists to the facilitation of their tasks and offer them the opportunity to become

acquainted with their programs, plans and projects, answer their queries and provide them

with information or news promptly according to the nature of the news item or the

information required if it is of an urgent nature, and within a period not exceeding two

weeks if it is not urgent. Despite this, difficulty in obtaining information remains prevalent

as Government departments and institutions still refrain from providing journalists with the

required information except in meager quantity although the law stipulates the imposition of

a fine on any person violating any of the provisions not covered in the text. The Law

regulated the right of the journalist within the framework of performing his work to attend

official and public domestic meetings unless these meetings were held behind closed doors

under the laws or regulations which still prevent attendance by journalists of open

meetings—a matter which requires follow-up by the government body responsible for

facilitating journalist affairs as well as the Journalists Association in order to overcome this

matter.

73. The Law also stipulated the prohibition of interference in any work carried out by the

journalist within the framework of his profession, forcing him to divulge the sources of his

information, and depriving him from performing his work, or from writing or publishing

any material without a legal or justified reason without prejudice to the accepted power of

the Chief Editor to authorize publication.. It appears upon reviewing the indicators

monitored by NCHR on the freedom of the press that while the Center did not register any

violations of coercing journalists to unveil the sources of their information, it however

recorded cases where journalists were hindered from carrying out their profession and

duties—a matter which requires urgent follow-up to halt such practices.

74. The Law further stipulates the prohibition of ―detention as result of expressing opinion by

speech, in writing and other means of expression.‖ It further stresses the mandate of the

Court of First Instance to look into crimes committed through publications and to refrain

from abrogating the license of printed matters except through the judiciary and within clear

and transparent conditions related to licensing requirements. NCHR monitored the

continuation of detentions of some journalists despite the clarity of the Article prohibiting

such measure. The Center also monitored the appearance of the Chief Editor of a weekly

newspaper before the SSC despite the fact that publication cases are normally confined to

courts of first instance. The case was dismissed by the SSC for lack of jurisdiction and was

referred to a civil court. It is noteworthy that an amended draft law of the State security law

is under consideration at the Legislative Interpretation Bureau that would reinstate some of

the articles of the Penal Code concerning crimes committed in publications and confine

them to civil courts. NCHR hopes that these amendments will soon be passed. The Center

on the other hand did not meanwhile register the cancellation of the license of any

newspaper.

75. The law further stipulated the lifting of advance censorship in accordance with Article (15)

of the Constitution, which does not permit censorship in normal situations. Anyone writing

a book in Jordan has become capable of printing it directly without the need to subject it to

any sort of censorship. These measures are now on their way to implementation. This

applies to publications arriving from abroad which are not subjected to censorship also. It

must however be noted that publications issued internally and externally are subjected to the

provisions of law. The Director General of the Press and Publications Department may refer

any internal publication to court in cases where he deems that it violated the law. He can

also under the provisions of law prohibit the entry to the Country or distribution of a

publication issued abroad and refer it urgently to Court if he found that it contained any

material violating law. The Director General of Press and Publications stated that during

2008, his Department referred three books on religious affairs printed in Jordan to the court

which has so far ruled that the author of one of these books was not liable. He also stated

that his Department also referred during 2008 two other books issued abroad to Court. One

of the two books dealt with religious affairs while the other dealt with political issues.

76. However, it must be noted that despite the existence of some positive aspects in the Press

and Publications Law, there are still some issues which should grasp attention and should be

addressed as soon as possible to complete the circle of granting the journalist, the publisher

and all those working in the journalist profession or the elements supporting them the

opportunity to obtain the best legislative standard regulating their work including the

following: (A) The reconsideration of advance licensing of issuing newspapers through

sufficing themselves with notifying the agency stipulated by law thus enabling the

newspaper to be published within a time limit if it meets the legal status and is registered as

a company at the Ministry of Industry and Trade (MoIT) . (B) The necessity to stress

separation between ownership and management of newspapers, including the review of

ownership of newspaper shares by government institutions. (C) Reconsider the huge fines

imposed on some violations of the Press and Publications Law and make such fines

commensurate with the fines imposed with regard to violations prescribed in many other

laws. This also applies to the amendment of the Penal Code so as to abrogate all freedom

depriving articles (Imprisonment) related to the Press and Publications Law and confine the

penalty to compensation.

77. In 2007, the Law on Guarantee of Access to Information was promulgated giving citizens

for the first time in the Kingdom‘s history, the right to ask for information, obtain them by

law and resort to Court if such a request was turned down. A specific mechanism for

submitting applications and having access to information within a specific time limit, unless

such information was classified exists. Putting this Law into effect took some time for

preparation and implementation in order to enable Government departments and institutions

to complete indexing, regulating and classifying information and documents available in a

way that facilitates dealing with the prerequisites of the Law. The ratio of official

departments and institutions which performed this task reached 75 % of total institutions in

the State as mentioned by the Information Commissioner. This offers a better opportunity to

meet requests for information submitted by citizens.

78. While it is impossible to fix precisely the number of applications submitted to have access

to information or the percentage of meeting such requests, it could be established that

matters are progressing gradually and that this issue requires coordination and cooperation

among all parties of the Access to Information equation. Several workshops have been

organized recently to explain to the citizen‘s right to have access to information and the

method of exercising this right. An information campaign was also launched for orientation,

clarification and enhancement. The Information Commissioner received two complaints

only from persons who did not have access to information which shows that this right is

being used on a very narrow scale. There are some observations related to the Law which

had been discussed extensively, including the following: (A) the non-independence of the

Information Council as most of its members are Government officials. (B) The absence of a

conspicuous mechanism for the classification of Government documents that could be

excluded from disclosure.

79. This leads us to concentrate on the necessity to expedite the amendment of the State

Secrets and Documents Law in order to lay down clear and transparent criteria for the

classification of the documents and thus facilitate the access to information. It is worth

mentioning that there is currently a draft law on amending this Law at Legislative

Interpretation Bureau.

80. It is evident from all what had been mentioned that Laws regulating the press and enabling

people to have access to information have formed an obligatory legal framework for

dealing with this significant sector of the society openly and transparently, where hindering

the work of a journalist, interfering in his affairs or concealing information from him shall

become a violation of the law. This is an important matter that should be considered and

taken care of

Right to Establish and Join Associations and Trade Unions

81. International legislative enactments guaranteed this right in Article (23) of the UDHR, and in

Articles (21) and (22) of the ICCPR.82

The International Covenant on Economic, Social and

Cultural Rights (ICESCR) supported this international trend in many of its provisions83

As

for Jordanian legislative enactments most supreme of which is the Constitution, Article

(16/2) and Article (23) granted Jordanians this right84

In implementation of item (f) of

Paragraph (ii) of Article (23) of the Constitution, several labor laws were promulgated last

of which was the Labor Law No. 8 (1996) and its amendments.

82. Jordan ratified several Arab and international conventions governing the freedom and work of

trade unions.85

Reviewing these agreements, NCHR has recorded several comments

regarding the freedom to form trade unions regulated by Labor Law No. 8 (1996), including

the following: a) Article (3) excludes from applying the provisions of this law civil servants

and municipality staff and prohibits the establishing trade unions for these categories. It

also excludes household and agricultural workers from such application. The amendment of

the Law passed by the National Assembly in its extraordinary session in June 2008, came to

maintain the exclusion of civil servants and municipality staff from the provisions and

substituted the exclusion of household and agricultural workers by subjecting them to the

provisions of law, but through a special ordinance to be enacted to this effect, provided the

ordinance regulates this category‘s employment contracts, working hours, rest hours,

inspection and all other matters related to their work. The NCHR observes, however, that

this text fails to address their right to form a trade union to defend their rights. b) Even

though Article (97) of the law recognizes the workers‘ right in any vocation to establish

their own trade union, subsequent articles lay down several impediments and restrictions in

the way of exercising this right, contrary to international criteria. These obstacles include:

the stipulation in Article (98/a) restricting the number of founders of a trade union to a

minimum of 50 persons; the stipulation in Article (98/b) giving the Minister authority to

pass a resolution classifying vocations and industries whose workers may form their own

trade union, in contravention of international conventions preventing management from

interfering in the affairs of trade unions. Moreover, Article (100) stipulates that the General

82

Article (23) stipulated that ―1- Everyone has the right to work, to free choice of employment , to just and favorable

conditions of work and to protection against unemployment…4- Everyone has the right to form and to join trade unions

for the protection of his interests. Article (21) of ICCPR stipulates ―that the right of peaceful assembly shall be

recognized.‖ Article (22) of the Covenant stipulates ―1- Everyone shall have the right to freedom of Association with

others, including the right to form and join trade unions for the protection of his interests. 2- No restrictions may be

placed on the exercise of this right other than those which are prescribed by law and which are necessary in a

democratic society in the interests of national security or public safety, public order (ordre public), the protection of

public health or morals or the protection of rights and freedoms of others‖ 83

See Articles (4), (5) and (6) of ICESCR. 84

Article (16/2) stipulates that ―Jordanians are entitled to establish societies and political Parties provided that the

objects of such societies and parties are lawful, their methods peaceful and their by-laws not contrary to the provisions

of the Constitution.‖ Article 23 stipulates that ―i- Work is the right of every citizen and the State shall provide

opportunities for work to all citizens by directing the national economy and raising its standard. Ii- The State shall

protect labor and enact legislation therefore based on the following principles: a) Every worker shall receive wages

commensurate with the quantity and quality of his work. b) The number of hours of work per week shall be defined.

Workers shall be given weekly and annual days of paid rest. C) Special compensation shall be given to workers

supporting families and on dismissal, illness, old age and emergencies arising out of the nature of work. d) Special

conditions shall be made for the employment of women and juveniles e) Factories and workshops shall be subject to

health safeguards. F) Free trade unions may be formed within the limits of law. 85

Most important of which are: ILO Convention C98 concerning the Right to Organize and Collective Bargaining,

1949; C151 Labor Relations (Public Service) Convention, 1978; C141 Rural Workers' Organizations Convention,

1975; and C111 Discrimination (Employment and Occupation) Convention, 1958. The Jordanian Government has not

ratified C87 Freedom of Association and Protection of the Right to Organize Convention, 1948. Conventions signed

within the framework of the Arab Labor Organization include Convention No. 8 (1977) on the freedoms and rights of

professional associations and trade unions.

Federation of Trade Unions lays down its own Rules of Procedure, as well as those of its

unions, only ―after consultation with the Ministry.‖ This stresses that the Administration

interferes in laying down the Rules of Procedure and deprives the unions from exercising

their freedom in this respect. In addition, Article (102) hangs the establishment of trade

unions on the approval of the Trade Unions Registrar. This contravenes with the principle

of establishing trade unions, which stipulates that the founders deposit the establishment

documents with the relevant administrative authority. Another impediment is Article (116),

which grants the Minister the right to file a suit at the Court of First Instance asking for the

dissolution of any trade union if it violates any of the provisions of law and fails to

eliminate the contravention during a period of time specified by the minister. This article

should have, rather, identified the violations, which may prompt the Minister to file a suit

against the union, as well as a reasonable period of time for eliminating the violation.

NCHR also notes that the Government is still exercising control over the Federation, as

evidenced by the fact that most unions do not hold elections to choose their administrative

bodies, which in most cases are elected unopposed.

83. As for trade unions, NCHR records that two broad segments of professionals do not enjoy the

right to form unions. The first is that of teachers who have not so far been permitted to set

up their union based on the interpretation of the Higher Council for Interpreting the

Constitution (HCIC) in 1994 despite the fact those teachers in all democratic states have

unions that defend their rights. The second segment is that of the Shari‘ah‘ lawyers. NCHR

also noticed that the Veterinarians Union Law No. 28 (2008) was opposed by the Union‗s

General Assembly as Article (49) stipulated that the union‘s assets and accounts shall be

placed under the control of the Audit Bureau. This objection was supported by other unions

whose laws stipulate that their accounts should be audited by an auditor certified by each

union in addition to the fact that their administrative bodies are subject to the control of the

General Assembly of each union, where the Administrative body submits each year an

administrative and fiscal report that must be ratified by the general assembly of each union.

Accordingly, it may be said that practicing the right of establishing trade unions and joining

them did not witness any positive progress.

84. During 2008, several developments emerged in the area of promoting the right to establish

and join professional associations and trade unions, most importantly electing several

administrative boards of these gatherings by secret ballot, under the supervision of their

general assemblies and the participation of representatives of the sectors concerned in the

Government. Those developments included the following: A) Elections of the Contractors

Union which took place on 29/3/2008 B) Elections of the Union of Owners of Offices of

Recruiting Household Workers held in March 2008. C) Elections of the Journalists Union

on 25/4/2008. D) Elections of the Union of Jordanian Writers and Authors which took place

at the outset of April 2008. E) Elections of the Pharmacists Union on 10/5/2008. F)

Elections of the Union of Certified Auditors held on 16/12/2008. NCHR expresses regret at

the eruption of quarrels and arguments among candidates at some of these elections such as

those which took place at the Contractors and Journalists Unions. As for the Journalists

Union, NCHR records the withdrawal of one of the main candidates for the post of

President during the second stage in protest against what he called ― the intervention of

some official media staff and the pressures exerted on the General Assembly to elect a

certain candidate to the post of President‖

85. Several unions continued to press for their syndicate demands during 2008, such as the

demand of five unions86

to raise the technical allowance of their members in the public

sector from 120% to 150 %., the demand by the Barristers Union to reconsider the Law of

Public Gatherings, the demand for the promulgation of a new law that copes with the

provisions of the Constitution and the political and democratic development in the Kingdom

and the demand by unions to amend the Social Security Law in view of the damage inflicted

on members and their families. NCHR believes that the Law included some positive aspects

that were included in the Social Security draft law but records some comments on the

damages inflicted on members of the Social Security System and their families. 87

86. NCHR records that the Central Council of Workers held a meeting on 2/8/2008 during which

it was decided to summon the General Congress to meet in order to amend the Union‘s rules

and present the amended Labor Law on the second ordinary HoD session by the end of

2008. The extraordinary General Congress was actually held on 23/8/2008 where most of

those attending approved the proposed amendments to the Rules of Procedures of the

Federation and the Consolidated System of the trade unions as they came in the two copies

presented to the Congress. The most important of these amendments were the abrogation of

the union branches elected in districts as well as the production locations and substitute

them with appointed unionist committees and ask these branches to inform the mother

union of their funds and accounts and place them under its disposal. This led to the

objection by representatives of five unions against the legality of holding the congress, the

verification of the identity of union representatives participating in the Congress and the

method of vote counting of those who voted in favor of the amendment etc… When the

objection appeared to be of no avail, 17 of the unions‘ representatives filed a suit at Amman

Court of First Instance on 16/102008 asking for canceling the resolutions of the Congress.

This case is still under consideration before the Court, but this step led to a big rift within

the Jordanian Labor Movement. Those who opposed the resolutions of the Congress stress

that if the judiciary failed to bring them justice, they will form another trade union parallel

to the present union. NCHR believes that this crisis reflects the weakness and dependence

of the labor movement in managing its affairs as result of administrative interventions.

86

These are the Agronomists Union, the Pharmacists Union, the Geologists Union, the Veterinarians Union and the

Journalists Union. 87

NCHR‘s report on the conditions of human rights in 2007 referred to several comments on this law namely: First:

Despite the fact that the draft law regulated in Chapter five the provisions of maternity security and security against

unemployment in Chapter Six, Article 3 however stipulated the implementation of security against work injuries and

old age , disability and death, but left to the Cabinet the implementation of the rest of the securities such as the

maternity security, security against unemployment and health security on stages. This means that the draft law was

actually void of an expansion in the social security umbrella.

Second: The draft law expanded the categories included in the Social Security Law and laid down a new definition for

the insured who thus became the natural person on whom the provisions of the Law are applied whether male or

female. The draft law added that the provision of the law shall be implemented on businessmen, workers at their

establishments and those working for themselves in accordance with the instructions to be issued by the Board of

Directors of the Social Security Corporation. Third: Despite the fact that the reasons for amending the Social Security

Law indicated that these amendments are commensurate with governmental tendencies to peg wages and pension

salaries to inflation ratios, the draft law stipulated that pension salaries should be pegged to inflation or the annual

growth ration of wages whichever is less and the maximum raise 20 dinars which makes any talk about pegging

pension salaries to inflation of no avail.

Fourth: The draft law included provisions on lowering the salary subject to deductions for pension purposes to 5000

dinars which is commendable as it is aimed at preserving the funds of the Corporation and prevent attrition resulting

from paying extremely high pension salaries. The draft law however was strict in granting pension salaries as those

were reduced drastically thus depriving this law from being an intrinsic tool for social security. While the current law

permits granting an old age pension to anyone who completed 60 years of age and remitted 180 installments of which

60 are actual, the draft law stipulated the remittance of 180 subscriptions on the job, or 216 subscriptions of which 120

are actual. This means that the draft law has doubled the subscription period by 100 %.

87. NCHR received on 2/12/2008 complaints from the Secretary General of the Electricity

Workers Union in which he referred to a letter by the Minister of Labor dated 30/10/2008

addressed to the President of the General Federation of Labor Unions, in which he

criticized statements by the Secretary General of the Electricity Workers Union that the

proposed amendments to the Labor Law are different from what had been agreed upon

between representatives of the Ministry and the Chamber of Commerce and Industry and

the Workers Federation. The Minister, however, considered these statements as untrue and

that they cause work confusions, asking him to refrain from making such statements. The

Center believes that this act is in violation of the provisions of Article (15) of the

Constitution which stipulates that the State shall guarantee freedom of opinion and that

every Jordanian shall be free to express his opinion by speech, in writing or by other means

of expression. It also contradicts with all of the afore-mentioned international standards

related to the freedom of trade unions in managing their own affairs, their independence

from the Administration and non-interference of the Government administration in their

affairs.

88. Trade unions continued to carry out several activities during 2008, to improve the conditions

of workers and meet their demands. Accordingly, the President of the General Federation of

Labor Unions submitted a memorandum to the Minister of Labor during 2008 demanding

the increase of minimum wages from 110 diners to 200 dinars a month. Accordingly, the

Council of Ministers agreed to increase minimum wages to 150 dinars as from 1/1/2009.

Workers at Al-Safi Salt Unit pertaining to the Arab Potash Company staged a sit-in which

continued for several days. This resulted in signing an agreement between the Company‘s

administration and the President of the General Federation of Workers at the Arab Potash

Company under which the Company became committed to absorb 60 of the Unit workers

within the Company cadre and to pay a sum of 3-million dollars to the 140 workers who

will be dismissed. This amount will be distributed as per the years of service and salary of

each worker provided that the remuneration should have a minimum limit. The workers

refused to accept the agreement which they described as unfair, saying that they will resume

their sit- in as well as their hunger strike. The President of the Workers Federation called for

rejecting the amended Labor Law passed by Parliament in its extraordinary session during

Summer of 2008 and criticized the Parliament‘s cancellation of the article permitting

expatriate and foreign workers to join the unions, stressing that Jordan has large numbers of

workers abroad and that canceling this article would adversely affect them if the principle of

reciprocity is to be applied.

89. To protect the right to establish and join associations and professional unions, NCHR believes

that the following recommendations should be applied:

A) Amending the Labor Law so as to make the establishment of associations and unions

become effective through depositing identification documents with an independent body

for registration purposes. If the Administration felt that this constituted a violation, it may

object to it through the court concerned. The amendment may also include granting

agricultural workers the right to form a union.

B) Guaranteeing the right of associations and unions to lay down their statutes and rules of

procedures without interference by the Government administration.

C) Guaranteeing the right of associations and unions in choosing their representatives by free

and honest elections without any interference on the part of the Government and to include

a provision stipulating non-interference in the election of members and presidents of the

leaderships of these associations and unions.

D) Permitting the establishment of a Teachers‘ Association and an association for Shari‘ah

barristers.

E) Permitting the establishment of associations for workers in major companies and

corporations, particularly those owned by foreigners so as to enable those workers to

defend their rights and develop their professions.

Right to Establish Political Parties

90. The Constitution

88and international conventions

89 guaranteed the right to establish and join

political parties due to their significant role in enriching the democratic process based on the

principles of pluralism and political participation and in a way that would enable them to

carry out their programs through peaceful means. The Political Parties‘ Law 90

No. 19

(2009) came to regulate this right as it included several positive aspects aimed at promoting

the right to establish parties foremost of which are: Allocating financial resources in the

General Budget to support political parties, the prospects of the parties use of the official

media for explaining their doctrines and programs and refraining from harassment,

interrogations or undermining the constitutional rights of any citizen because of his party

allegiance.

91. On the other hand, NCHR recorded several restrictions imposed by the new Political Parties

Law on party life, 91

referred to by NCHR in its previous reports and which were proven by

the actual implementation of the provisions of this law most important of which are:

A) The law stipulated that registration should take place at the MoI, which in fact constitutes

a major intervention by the Government in the process of establishing political parties.

The law was supposed to become sufficed with depositing the registration documents with

an independent body characterized by neutrality and honesty. The Administration may, in

case it has any objections, file a law suit to decide on the issue.

B) Article (5) of the Law stipulated that the number of founders of a political party should not

be less than 500 persons and that their residence should be distributed among at least five

governorates with a minimum ratio of 10 per cent of each governorate. This practically

means that: approximately 80 % of the population living in the biggest four governorates

may not establish political parties while not more than 20 % of the population living in the

smallest five governorates establish any number of parties they wish.

C) The Law included a discriminatory provision in Article (5-2-A) which stipulated that

anyone wishing to join a political party should be Jordanian since ten years. This

constitutes a flagrant violation of the provisions of Article (6) of the Constitution which

stipulates that Jordanians shall be equal before the law.

D) Article (25) included penalties that restrict freedom (imprisonment).

E) Article (22) restricts the right of political parties to express their opinion, doctrines and

political attitudes towards domestic and external public issues.92

88

Article (16) stipulated that ii- Jordanians are entitled to establish societies and political parties provided that the

objects of such societies and parties are lawful, their methods peaceful and their by-laws not contrary to the provisions

of the Constitution. iii- The establishment of societies and political parties and the control of their resources shall be

regulated by law. 89

See Article (20) of the UDHR and Article (22) of ICCPR and Article (8) of ICESCR. 90

Article 1 stipulates ―that this law shall be called the Political Parties Law for the Year 2007 and shall go into effect as

of the date of its publication in the Official Gazette. It was published in the Official Gazette on 16/4/2007 91

Fore more details see the papers of the Seminar held by NCHR on 18/6/2008 entitled ―Freedom to establish political

parties in the Light of International Standards and the new Political Parties Law‖ in which representatives of all the

parties spectrum participated in addition to researchers and activists from civil society organizations. To review

working papers submitted at the Seminar, you may visit NCHR Library. 92

Article (21) of the Political Parties Law stipulates that ― the Party shall be committed to the following principles and

rules in pursuing its affairs, and shall set out clearly in its Memorandum of Association: (A) Adherence to the

provisions of the Constitution and respect for the supremacy of the Law. (B) Adherence to the principle of political

pluralism in thought, opinion and organization. (C) Adherence to the preservation of the independence and security of

the Homeland, protection of national unity, renunciation of all forms of violence and non-discrimination among

citizens.(D) Adherence to the achievement of equal opportunities for all citizens to assume responsibility and

92. NCHR stresses that the continued presence of these restrictions would lead to continued

instability and retreat characterizing partisan life. NCHR believes that partisan activity did

not reach the required standard politically, economically and socially despite the fact that

the Law has gone into effect. This, however, requires a change in prevalent concepts about

partisan activity within the society, as public opinion studies on democracy in Jordan in

2008 showed that one-fourth of participants said that they did not notice any improvement

in the performance of political parties and that they are not concerned about whether those

parties succeeded or not in practicing political work. This conspicuously unveils the volume

of the crisis experienced by political parties in reaching public opinion and representing

their aspirations93

This is asserted by the parties busy involvement in rectifying their legal

status in a way that copes with the requirements prescribed by law which fixed 16/4/2008

as the deadline for such rectification.94

This was associated with the emergence of the

phenomenon of political funds for rectifying conditions through purchasing certificates of

good conduct and buying membership for persons who have nothing to do with partisan

work in order to complete the required number. The reduction in the number of political

parties this year was not associated with indicators on the improvement of the role of parties

in enhancing democratic life. 95

NCHR received two complaints in 2008 from the Jordanian

Al-Wahda Al-Sha‘abiyyah Democratic Party. The first complaint dealt with the summoning

by security apparatuses of one of its members while the other was related to the failure to

grant one of its members a certificate of good conduct for purposes related to a vacancy.

The Center also noted that despite the fact that the Law included a provision which makes it

imperative to extend financial support to political parties in accordance with special

regulations to be issued to this effect, the delay in issuing such regulations96

and the

decision to pay the subsidy by the Minister of Interior made the Parties forfeit the

opportunity of making use of the first installment of this subsidy.97

93. As for the regulations of contributing to the financing of political parties, it has been

discovered that these regulations included restrictions that weaken partisan work most

important of which are: A) The regulations‘ violated Article (16) of the Constitution which

referred the method of forming and joining political parties to a law to be promulgated for

this purpose. This means that supporting parties and fixing the amount of such support

should not be left to regulations that would be laid down by the Government, but by a law

participation therein. (E) Adherence to avoiding any organizational or financial ties with any non-Jordanian body, as

well as directing partisan activity upon the orders or directives of any foreign country or body. (F) Abstention from

partisan organization and advocacy among the ranks of the Armed Forces, Security instrumentalities and Civil Defense

and the Judiciary, or from establishing military and Para-military organizations whatsoever. (G) Avoiding the

utilization of the state‘s institutions, public organizations and all educational institutions for partisan organization, and

striving to preserve the neutrality of these institutions towards everyone in performing their duties. 93

To have a more detailed look on the results of this survey see the surveys of the Strategic Studies Center at the

University of Jordan. 94

Article 27 of the Political Parties Law stated that ― every party must rectify his conditions as specified by the

provisions of law during a period not exceeding one year as of the date of going into effect of this Law. If rectifications

does not take place during this period, the party will be considered virtually dissolved‖ 95

The rectification process of political parties resulted in the following party map: 11 parties rectified their status, 17

parties did not rectify their status, 4 parties dissolved themselves and two parties were merged into one while two new

political parties were licensed. 96

Regulations for contributing to the financing of political parties No.89 (2008) was published in the Official Gazette

on 29/9/2008. It fixed government subsidy at 50-thousand dinars to be paid in two equal installments every year, the

first during June and the second during December. See the Official Gazette dated 29/9/2008, issue No. 4932, page

4580. 97

Therefore, political parties of all tendencies agreed among themselves and sent a memorandum to the Prime Minister

complaining against the meager amount approved by the Ministry of the Interior which they considered insufficient for

covering the operational expenses of the Party.

to be promulgated by the Legislative Branch. B) The Regulations did not include any

objective basis for fixing the amount of financial support to parties. NCHR feels that it is

necessary to start a dialogue with the parties and those concerned to define these bases and

that the amount to be included in the regulations should represent the minimum amount for

supporting any party, making the amounts to be allocated for the support of political parties

directed towards parties in which women and youth win and in the light of the standards to

be agreed upon and to be included in the Political Parties Law defining other support

aspects, especially as an amount of 5-million dinars has already been allocated in the budget

for this purpose. (C) The regulations granted vast authorities to the Minister of the Interior

who has the authority to halt payment of the financial contribution in case of a violation of

the Law or the regulations had been committed.

94. To protect the right to establish political parties, and develop as well as activate political life

on democratic bases, NCHR feels it necessary to adopt the following recommendations:

A) Develop the legal environment in a way that copes with international standards with

regard to the right to establish and join political parties and grant them more guarantees to

disseminate their doctrines.

B) Fix objective bases for extending financial support to political parties and remain

committed to them, particularly in enhancing the role of women and youth.

C) Entrust an independent and neutral body with registering political parties.

D) Develop scholastic and academic curricula in the area of political and civil education and

enlighten the public in general in order to change the stereotype impression of partisan

work.

Right to Establish Societies

95. International HR conventions guaranteed the right to gathering and establishing societies for

all citizens.98

They emphasized that restrictions may not be imposed on that right except

those which represent necessary measures within a democratic society.99

No state or group

may also carry out any activity or action that could lead to the forfeiture of this right. The

provisions of the Constitution also guaranteed the right of Jordanians to gather and establish

societies and confined the role of the laws to regulating the method of establishing societies

and exercising control over their resources only.100

96. One of the most important events in 2008 was the promulgation of the Societies Law No. 51,

which voids the right to establish societies of its core and hinders the object of recognizing

it. It further contradicts with the overall political address, which made civil society

organizations one of the main stays of democratic action in Jordan and urged that they

should take part in the development process in various scopes. NCHR has many comments

on this Law101

most important of which are:

A) The Law granted the registration procedure a founding effect. Exercising this right of

establishing societies has therefore become dependent on the Registration Control

Department and the Minister. Enjoying the legal personality of a Society has therefore

become confined to approval and registration. This procedure constitutes a violation of the

provisions of the Constitution and international HR conventions and therefore it would

become more viable to confine ourselves to presenting a notification to the Register

Supervisor. If the Supervisor finds that its methods were not sound and their object6ives

illegal, he will then notify the Society to rectify its status within 30 days, or otherwise

become registered in conformity with regulations so as to ensure the flow of exercising

this right. The basic HR principle is non-interference unless an extraordinary reason

justifying this arises within a democratic society crops up.

B) The law did not guarantee the necessary independence for the Societies Register. The

Register Supervisor is appointed by a resolution issued by the Prime Minister. It would be

more viable if the Register was managed by an independent commission comprising

official representatives and others from civil society organizations and headed by someone

independent and honest.

C) The Law has excessively referred substantial matters related to the establishment of

societies, to executive bodies. These should have originally been precisely and

conspicuously defined within the Law itself in conformity with the requirements of Article

(16) of the Constitution.

98

See Article 20/1 of the UDHR and Article 22/1of ICCPR. 99

See Articles (21, 22/2) of ICCPR. 100

As stipulated in Articles 16/2&3 of the Constitution. 101

On 30/6/2007, NCHR organized a seminar to study the draft law of Societies presented by the Government to the

National Assembly at that time and study the extent of its conformity with international standards. Participants came

out with the conclusion that the Law of Societies should include several the following principles: First: To stress on the

necessity to direct the provisions related to Government control in the Societies Law on organization and establishment

of societies not on the activities and programs implemented. Second: To emphasize the significance of making the

following the spring-boards of leashing the law: respecting the sovereignty of law and the will of the society in all

cases and not as a political starting point Third: That the Societies Law should include provisions that make the

Societies Law the reference always instead of the Minister of Social Development or any other Minister. Fourth: That

the Societies Law should include provisions that make notification the basis of the announcement of establishing them,

not the approval of the administrative body. Fifth: To emphasize that the dissolution of societies must be through the

judiciary only or the General Assembly but with a big majority approval of its members without any interference on the

part of the Government.

D) The Law included tough restrictions on the freedom of the Society in managing its own

affairs including the stipulation by law to obtain the Minister‘s approval on many matters

relating to the management of the Society. This includes what came in Articles (14) and

(17) consecutively, which is a pre-condition implying an apparent restriction of the

freedom of societies to manage and run their own affairs to enable them realize their

objectives fully. Article (8-a) of the Law authorized the Council of Ministers, at the

recommendation of the minister concerned, to approve the membership of a judicial

personality as one of the constituent members of the Society from outside the Societies

themselves. The Article did not specify the nature of this personality whether public or

private in addition that the appointment of such a personality would place the Society

under his management, inclinations and interests. Article (17-e) of the Law included a

provision that attracts attention and is not in conformity with stable legal principles. It

would be unacceptable or illogical to unleash the Law from the assumption of banking

non-secrecy which is an assumption that undermines the stability of the legal positions of

societies and their right to privacy which had been guaranteed both by the Constitution

and at the international level.

E) Article (20-b) of the Law authorizes the Minister to dissolve the Society by a justified

decision under specific circumstances—a provision, which gives a free hand to the

Executive Branch to decide on the existence and fate of the Society. It would, however, be

better if the project abides by international legal standards and comparison, which make

any solution subject to the following methods, namely agreement among members or the

issue of a judicial verdict to this effect.

F) The Law includes incriminating provisions and penalties that could be described as severe.

G) The Law stipulated that foreign societies and institutions wishing to open branches for

them in Jordan, should be licensed at their headquarters, that their objectives be

developmental, that the Society finance its schemes in Jordan with an amount not less than

250-thousand dinars and that all of its staff should be Jordanians with the exception of

some of the positions which require high or technical qualifications not available among

Jordanians and just for a limited period of time. NCHR demands the Government to

expedite the amendment of the Societies Law in order to meet the written comments

presented by NCHR during the meeting held between the chairman of the Board of

Trustees and the General Commissioner for Human Rights and His Excellency the Prime

Minister on 8/10/2008, in a way that realizes the demands of civil society organizations

which the Government promised to take into consideration during the meeting between the

Prime Minister and representatives of these institutions on 8/9/2008.

97. During 2008, MoSD notified 10 societies that they had been dissolved due either to their

poor performance as stipulated by law or a decision adopted by their general assemblies to

this effect.102

Five societies were also dissolved because of their violations of the Statutes of

102

NCHR points out that statistics of the societies registered in the Kingdom explain the following: The number of

MoSD-registered societies during 2008 reached 1150 society. The number of volunteers in these Societies reached 100-

thousand. && Societies were registered this year including 42 multi-purpose societies and 27 specialized societies. The

number of foreign societies was 49. The number of societies registered at the MoI during 2008 reached 21 while the

number of societies which were denied registration was 6 due to the incompetence of the Ministry in this respect. No

society was denied registration because of the lack of a security approval on establishment. The number of societies

which offer social or humanitarian services of public benefit and which are registered with the MoIT Companies

Controller as non-profit organizations or organizations not seeking material profit or personal benefits reached 35

societies in 2008 including 32 operating in the Capital Amman, one in Aqaba Governorate, one in Al-Balqa‘

Governorate and one in Maadaba Governorate. The number of multi-purpose companied registered at the MoIT

reached 15, including 14 companies in Amman and one in Mafraq. The MoIT has issued regulations for non-profit

companies.

.

the Societies and Social Bodies Law No. 33 (1966), their failure to achieve their general

targets, non-rectification of their status, failure to implement the objectives specified in their

statutes or because of halting its activities for a period of six months or due to their failure

to carry out such activities. NCHR commends MoSD efforts to lay down objective criteria

for societies to obtain government subsidies.103

Accordingly, 43 societies specialized in

providing care to disabled persons received support alongside other societies which

received subsidies of 500-thousand dinars each.

98. To protect the right to establish societies, NCHR wishes to re-assert its recommendations

included in its 2007 annual report. It further recommends that the Government and the

National Assembly should make the new Societies Law based on the principles guaranteed

by the provisions of law and the principles of international HR legitimacy and in conformity

with HR standards in order to contribute to the promotion of the role of participation by

civil society organizations in development under full freedom.104

103

The Society prepares the project and presents it to the Ministry where it is evaluated by the parties concerned before

deciding on the amount accordingly. 104

It must be noted that NCHR included these principles in its 2007 Annual Report.

Economic, Social and Cultural Rights

Right to Work

99. The constitution guaranteed in articles (6-2) and (23) the right to work for all citizens. Jordan

also ratified 24 international agreements that focused especially on this right, especially the

basic conventions issued by the ILO.105

Labor Law No. 8 of 1996 stipulates regulating the

contractual relationship between the workers and employees, which lead the employees

enjoying rights, privileges and legal measures guaranteed in this law, namely: employees

enjoying legal protection through inspection procedures and penalties and citations when

violating public safety conditions in the work environment. However, the Center noted

many obstacles that negatively affect the labor force enjoyment of this right.

100. As for the status of the work force, estimates indicate that in 2008 it reached 105 million

workers, male and female. The rate of unemployment was estimated at 12%, while the

emigrant work force was estimated at between 400 and 500 thousand, of whom 310,516

obtained work permits as of 25/11/2008. The Egyptian work force constitutes 70% of the

total emigrant work force. The majority of the emigrant workforce was focused in the

following sectors: services (26%), industry (25%), agriculture (23%), and construction

(15.3%). The following chart shows the distribution of the emigrant work force with work

permits according to the state, in the period 1/1 to 31/12/2008:

0 20000 40000 60000 80000

100000 120000 140000 160000 180000 200000

Egypt Syria

Other Arab

States

Iraq Pakistan

India Philippines

Sri Lanka Indonesia

Other Asian States European

States

USA African

States

Other Foreign

States

Male

Female

101. In the area of worker vocational health and safety, the Center appreciates the fact the

Inspection, Occupational Health and Safety Directorate at the Ministry of Labor (MoL)

2008 68,899 inspection visits to various establishments, leading to 1,091 notices to

105

See Article 7 of the International Covenant on Economic and Social Rights, which stipulates the right of individuals

to enjoy satisfactory work conditions that guarantee providing equal job opportunities for all workers, fair and equitable

wages for all without discrimination, a decent life, safer and health working conditions and reasonable determination

of paid hours, including breaks and free time. Jordan also ratified the basic conventions issued by the ILO, except for

Convention 87 on freedom of organization. These conventions are: ILO Convention No. 98 on the Right to

Organization and Group Negotiation, ILO Convention No. 29 on Forced Labor, ILO Convention No. 105 on

elminating forced labor, ILO Convention No. 138 on minimum age, ILP Convention No. 182 on worse forms of child

labor, ILP Convention No. 100 on equality in wages and ILP Convention No. 11 on discrimination in employment and

profession.

companies and 4,679 citations to companies and stores.106

The Center reaffirms that the

status of professional health and safety still requires more organization. Although the Labor

Law stipulated professional health and safety consistent with international criteria, the

Center noted that some professional health and safety legislative enactments is inconsistent

with the explanation of the technical details, which makes their implementation subject to

the interpretation of the professional health and safety inspector, especially in the

construction sector, in addition to not including the agricultural sector. The distribution of

the monitoring duties among several bodies also hindered the development of the

performance level of these bodies and led to work duality. The Center also noted weak

deterring measures to abide by the requirements and criteria of professional health and

safety by employers and workers, which made the implementation of these instructions not

sufficiently binding, and caused an increase in the number of work injures.

102. In the agricultural sector, the Center values the government‘s response to its

recommendation on the need to amend the Labor Law to include in its provisions the

workers in the agricultural sector. It did note however that as of the date of this report the

special instructions regulating the rights of this group were not issued pursuant to Article (3-

c) this law.107

The Center‘s survey of the status of this group and the problems they faced in

2008 found that: (a) they are not included in health insurance and social security. (b) some

are subject to verbal abuse, physical harm and insulting treatment. (c) the emigrant worker

passports are retained and they are forced to sign financial papers for fear of running away

from their sponsors. (d) long working hours that may exceed 16 hours a day, without a

weekly day of rest, in addition to the irregular work of this sector due to the nature of

agriculture and its seasons. (e) There is no statistical survey on the number of workers in the

agricultural areas, especially with the movement of this force from agriculture to other

professional work to attain better working conditions.

103. In the area of workers in health service companies, the Center received one complaint from

the Health Services Syndicate which manages the administration and offers services to

ministry of health projects, including hospitals, comprehensive health centers, health

directorates and districts in the governorates. This complaint indicated there are violations

suffered by the workers in this sector: (a) Not all the companies commit to paying wages to

the workers at the end of every month, and this sometimes exceeds the period allowed by

the labor law (b) haphazard and unjustified deductions from the salaries of most workers

every month (c) these companies do not recognize sick leaves and they duration of the leave

is deducted from salaries in a double format, (d) they deduct the amount of 10 JD from any

worker who is absent from work regardless of the reason (e) many workers are forced to

work 16 hours a day, especially in the second and third shifts, or what is known as the A+B

shift for a salary ranging from 180 – 200 only. (f) Workers not registered in social security

although they companies deduct a percentage from the worker (g) some project managers

charge financial amounts from those seeking work, especially immigrants (h) some

employees in the project management harass the female workers.

104. In the area of home workers, and although Article (3-c) of the labor law was amended on

17/8/2008 to include in its provisions home workers, the special regulations regulating the

rights of this group have not been issued as of the date of this report, which the Center

106

The Inspection, Professional Health and Safety Directorate received in 2008 2,609 complaints from workers. It also

received 514 complaints through the hotlines, and deposited 39 group agreements benefitting 71,179 workers. 107

On 17/8/2008, the Amended Law of the Labor Law No. 8 of 1996 was amended, which stipulated in article 3 that

the agricultural sector workers are subjected to the provisions of the labor law pursuant to special regulations issued for

this purpose, however, no such regulations were issued as of the date of the report.

helped draft. The Center believes that the home workers not enjoying any legal protection

violates the provision of Article (6-2) of the constitution and the international labor

agreements ratified. MoL figures indicate their number reached 48 thousand workers with

work permits and residencies, but the figures of the Non-Jordanian Work Force

Employment Union indicate that there are over 75 thousand workers in homes.108

The

Center also found over 140 complains related to the use of workers, and the Center also

found cases of using workers by the officers to the extent of what is known as human

trafficking. It also found the phenomena of violating contracts signed between the workers

and the owners of these offices in terms of wages and nature of work agreed upon before

their travel and departure from their countries companied with the work conditions and

nature of work upon their arrival to Jordan. The Center points out that the MoL shut down

and suspended over five offices, as a result of committing several violations. One was

referred to the judiciary.

105. The Center noticed in 2008 a host of problems faced by this group of workers, namely: (a)

lack of health insurance for the home workers, as well as their non-inclusion in social

security109

. (b) Lack of a mechanism that guarantees these workers are paid the wages

agreed upon in the contract, which leads to some running from the homes of their sponsors,

or the sponsors sending away the workers without paying them, due to the lack of an

official body supervising the worker‘s receipt of their rights before they leave the country.

(c) Some sponsors ensure the travel of their worker by expelling them, through complaining

of theft after the end of the work contract. (d) some workers are subject to verbal abuse and

physical harm (various forms of harsh, degrading and inhumane treatment), and sometimes

sexual assault. The PSD‘s Family Protection Department (FPD), in its capacity as the

competent body to investigate such cases before referral to the relevant court, received

many cases of sexual assault. (e) The sponsors violate the work contract, which leads to the

workers running from the homes of their sponsors, the non-payment of wages or the

payment of wages less than those agreed upon in the contract. (f) Long working hours that

exceed 18 hours daily, without granting them one day of rest a week, and forcing them to

work in more than one home in many cases. (g) restricting the freedom of these workers and

restricting their movement, by keeping in the homes of their sponsors or retaining their

passports, on the pretext of fear from running away or violating residency terms. (h)

Forging paperwork documents by some recruitment offices abroad (age for example), many

of the workers were expelled outside the Kingdom in cooperation with various bodies to

eliminate this phenomenon, but there are still many underage workers who are recruited to

work in homes. (i) some workers are used by the embassies of their countries, especially as

some of these embassies keep them for long periods of time without attempting to offer

solutions to their problems, in addition to some of these embassies bringing them work for

some owners of restaurants and hotels. (j) home workers are made to work in various work

sectors and professions. The Center found many of the workers working in the markets,

108

The number of workers who entered Jordan in 2008 was 24,218, distributed as follows: 4,807 Sri Lankans, 13,560

Indonesians and 4,851 Philippinos, in spite of the official decision by the competent authorities banning the use of

Philippino workers at home in Jordan since early 2008.

109

It is worth noting that the MoL agreed in 2009 to establish the National Recruitment Company in partnership with

the General Union of Labor Syndicates, the Association of Emigrant Working Women and the Jordanian Women‘s

Association in order to implement the international criteria in recruiting these workers in the homes and overcome the

problems that this sector suffers from. However, the Center expresses reservation on establishing this company because

its profit goal contradicts the announced goal of the Company in defending the rights of these workers.

various marketing centers (malls), schools, day care centers, beauty salons, hotels,

restaurants, and others, thus violating the valid laws regulations. 110

Table 8: Number of complaints received by the Center from domestic workers

Type of Complaint Number of Cases

The Right to Retain ID Papers 50 complaints and requests for assistance

The Freedom to Move and Place of Residence 60 complaints and requests for assistance

Various types of harsh, degrading and inhumane treatment 30 complaints and requests for assistance

106. In the area of clothing industry and textiles sector, especially in the qualified economic zones,

the Center studied the environmental working conditions surrounding these workers, and

noted an clear improvement in the general conditions in the qualified economic zones

compared with previous years, especially after the MoL established inspection offices in

them. This led to a marked decrease in worker complaints in this sector in terms of working

hours, wages and overtime. They reached 5 complaints in 2008 compared with 20

complaints in 2007. In spite of the marked improvement in this sector, the Center recorded

some violations of worker rights, namely: (a) lack of clear mechanism to recruit workers,

which led to local mediators and foreigners providing the workers for the plants in return

for financial amounts (b) several companies did not abide by the working hours (c) the

status of several foreign workers was not corrected in terms of work permits (d) some

workers incited others from their countries to stage sit ins and strikes for purposes of

obtaining the largest amount of privileges, and in spite of violating the contracts that were

signed with them, and this incitement was behind many of the strikes in those plants (e)

some foreign workers claimed they were beaten and insulted, especially by the supervisors

of the plants, when demanding their rights, or protesting working conditions or staging

strikes and refusing to work (f) lack of health insurance for the workers, and some plant

owners did not abide by providing general health and safety conditions, especially in places

of residence and feeding.

107. In the area of child labor, and in spite of the government‘s ratification of many international

agreements related to child labor111

, the Center noted a spread and escalation in the

phenomenon of child labor, for reasons of family dysfunction or economic reasons112

. It

110

The number of Jordanian workers in qualified economic zones was found to be decreased, in addition to the small

number of qualified workers in the clothing and textiles sector compared with the numbers of emigrant workers. These

numbers are decreasing every year. 111

Jordan ratified the International Child Rights Convention and the ILO Convention 138 of 1973 on the minimum age

for hire, and the labor law was in harmony with this convention as article 73 stipulates ―taking into consideration the

provisions on vocational training, no juvenile may be hired in any circumstance if he did not complete 16 years of age

in any form‖. The ILO Convention No. 82 of 1999 on the worst forms of child labor, its goal is to eliminate the worst

forms of child labor, classified as follows:

All forms of slavery and slavery like practices and their trafficking, slavery for debt, coerced or forced work, including

forced or coerced drafting for use in armed conflicts

Using children or presenting them to practice illegitimate activities, especially the production of drugs.

Works that lead in their nature or due to the circumstances they are practiced in to harming the health of children or

their safetym or their moral behavior. 112

The Department of Statistics report on child labor for 2008 indicated the following results:

The number of working children totaled 32,676 children working in the age group 5 to 17

The capital governorate had 32.4% of the working children.

The average working hours for children totaled 42 hours a week.

The main reason for work (38%) of children is to achieve extra income for the family

reiterates that the government‘s efforts of drafting and executing the national strategy to

combat child labor and the national agenda, and allocating over 250 thousand dinars of the

budget for child labor, it is still falling short of eliminating the escalation of this

phenomenon. The MoL played no part in 2008 to combat it, and it did not respond to the

Center‘s recommendations in its earlier reports regarding establishing a specialized unit and

appointing work inspectors to eliminate child labor.

108. The Center conducted field visits for some child labor sites in several areas, and noted that

the ages of the child range from 5 to 17, working in car mechanic and service workshops,

trades, construction, blacksmith and paint workshops, and garbage collection, all of which

constitute work that is dangerous for children and falls under the worst forms of child labor

classification according to international conventions. The Center noted several violations,

namely: lack of social security for working children, long working hours, no payment of

minimum wage, no calculation of over time, and all the work is dangerous, tiring, and

harmful to child health. The labor inspectors do not conduct visits to child labor sites and

cite the employers who hire them. The phenomenon of beggary among children is growing,

which is the worst form as beggary in most cases is for others, in addition to being

compulsory work in some cases and nearer to being an organized trade.

109. On human trafficking, international HR conventions prohibited slavery, forced labor, and

stressed the guarantee of equal and consistent rights for all people without discrimination on

the basis of race, color, gender, language, religion or social origin. Forced labor contradicts

with the principles based on the principles of freedom and equality as they appear in the

convention No. 122 of 1964 on worker policies, ratified by the government on 10/3/1966.

As the government ratified the protocol on fighting human trafficking, especially women

and children, on 14/3/2006, the Center participated with other official bodies in 2008 to

create a draft law for protecting victims of human trafficking113

. The Center following

during 2008 10 complaints that fall within the area of human trafficking with the competent

authorities, related to the status of emigrant workers.

110. To protect the right of Jordanians and residents to work, the Center offers several

recommendations. In the area of professional health and safety, the Center recommends

the following measures:

A) Establish a specialized directorate, financially and administrative independent under

MoL supervision, in which all official bodies are represented (health, environment, civil

defense, municipalities, PSD) to supervise the professional health and safety in all

establishments.

B) Reinstate awareness, training and education programs in the area of professional health

and safety to educate the workers in the establishments on the importance of

professional health and safety.

111. In the area of agricultural sector workers, the Center recommends protecting them through

several measures, including:

A) Including workers in the agricultural sector in health insurance and social security.

The average monthly income for working children did not exceed 81 dinars a month.

Those working for wages totaled 66%

Those working in car repair constituted 27%. 113

In march of 2009 a law was passed prohibiting human trafficking, No. 9 of 2009.

B) Activating the role of inspectors in supervising and monitoring the living conditions and

providing them with the necessary capacities to monitor farm owners to verify the

emigrant workers were recruited to work in their farms.

C) Include those workers in the minimum wage and ensure there is no discrimination

between them and the remaining work sectors.

112. In the area of workers in the service companies and home workers, the Center

recommends protecting them through the following measures:

A) The various bodies, especially the ministries of health and labor, and the hospital

administrations, should supervise fully the service companies and their administration,

to verify their compliance with the law and their application of the legal work

environment.

B) Include home workers in health insurance and social security.

C) Grant illegal migrant workers a grace period to correct their status, while exempting

them from the fines accumulated by the MoI.

D) Create an MoL-PSD (Residence and Borders Department) coordination mechanism to

take into consideration the renewal of residencies for these workers and determine the

numbers of violators.

E) Create a resolution mechanism for disputes resulting from work contracts by forming a

committing whose decisions are binding for all stakeholders. The committee should

include as members representatives from: MoL, MoI, FPD, the Recruitment Offices

Union (employers), the competent embassy and HR organizations.

F) Coordinate with the embassies of the relevant countries to adopt a unified work contract

recognized by the MoL, and coordinate with the countries exporting labor with

conventions and protocols for purposes of regulating the recruitment and use of

emigrant workers in the Kingdom, and ensure some employees of these embassies do

not take advantage of the home workers.

G) Create a mechanism that guarantees the delivery of wages for these workers (such as

transferring all wages to the bank account of the worker).

H) Include all these workers in the minimum wage and eliminate the discrimination

between them and the workers in all other areas.

I) Activate the role of inspectors (granted the authorities of judicial police) to supervise

and monitor the living conditions of home workers, through: expanding the authorities

of the labor inspectors and providing them with the necessary capacities to monitor

recruitment offices to eliminate violations and ensure these workers are not in danger of

prostitution or human trafficking. Activate the valid legal provisions in Jordan, on the

prohibition of withholding passports, pursuant to article (18) of the Temporary Passports

Law and its amendments No. 5 of 2003.

113. In the area of workers in the clothing industry and textiles sector and the qualified

industrial zones, the Center recommends the protection of workers in this sector through

the following measures:

A) Increase the volume of Jordanian workers, and train them in this sector, by organizing a

national media campaign aimed at encouraging the unemployed to joint the workforce.

B) Amend the definition of ―wages‖ and define working hours, as well as define overtime

working hours who should not be left without a ceiling.

C) Amend Article (11) of the Labor law to restrict the entry of emigrant workers to

recruitment offices registered at the MoL only.

114. On child labor, the Center recommends protecting working children through the following

measures:

A) Activate the MoSD role in implementing law provisions with a view to returning

working children to schools, and activate Article (389) of the Penal Code on beggary

crimes.

B) Activate Article (74) of the Labor Law on prohibiting the employment of juveniles in

dangerous and health damaging work.

C) Create special labor inspectors for children in all labor directorates in the Kingdom to

monitor, inspect and punish employers, to eliminate, if partially, this phenomenon.

115. In the area of human trafficking, the Center recommends enhancing the anti-trafficking efforts

through establishing a shelter for purposes of protecting victims of human trafficking, and

establishing protection programs for physical, psychological and social recovery.

116. In light of the Center‘s role in enhancing and protecting Jordanian and foreign labor rights

pursuant to the criteria in the Jordanian constitution and the international conventions, it

recommends – in general – amending the Labor Law, namely:

A) Amend Article (12) pursuant to international criteria by removing the forms of

discrimination between foreign and Arab workers.

B) Amend Article (35) by explicitly stipulating that the probation period is restricted to

contracts of an unspecified period.

C) Amend Article (46-a) by explicitly stipulating that the wages are paid in the work place.

D) Amend Article (52-h) by linking the minimum wage with actual cost of living, and that

the minimum wage is reviewed annually.

E) Amend Articles (98) and (100) on establishing labor unions, union freedoms and

protecting the right to union association, as they violate Articles (20) and (23) of the

UDHR, as well as violating Convention 87 of 1948 on union freedoms and protecting

union work, and Convention 98 of 1949 on the right to union organization and group

negotiation. These conventions granted workers and employers the right to establish

labor organizations, creating their bylaws and articles of association, and their own rules

to elect representatives, organize their administration and activities, and drafting their

programs, without the intervention of the public authorities.

F) Amend Article (166) that grants the MoL the right to dissolve a union should it violate

the provisions of the Labor Law and all other legislative enactments, so that the

provision becomes specific on the cases of union dissolution, and so that the provision

of Article (116) complies with the provisions of Convention 87 of 1948 or leaving the

authority and the extent of the violation‘s gravity to the discretion of the court (the

judiciary).

G) Amend Article (87) by stipulating explicitly the duties of the employer towards the

employee who suffers a work injury.

H) Amend Article (137) on resolving labor conflicts, by reducing the duration of labor

trials through:

I) Amending Article (4), Paragraph 3, of the Civil Procedural Law No. 16 of 2006, which

stipulates that the sessions delays in cases marked as urgent should not exceed seventy

two hours. The Court of Cassation decision no 1494/2005 dated 19/2/2006, supports

this.

J) Reaffirm that the individual authorized to issue rulings at the Wages Authority Court

should be a judge and not a legal MoL employee.

K) State explicitly the alternative dispute resolution methods for individual labor cases

(arbitration and mediation)

L) The need for actual implementation of the content of the basic conventions in the

Declaration of the Basic Principles and Rights in Labor, ratified by all member countries

in the ILO. All countries committed to complying with the eight basic Conventions.

Ratify Convention No. 87 on the freedom of organization and study the International

Convention on the Protection of the Rights of All Emigrant Workers and their Family

Members of 1990 for ratification purposes.

Right to Education 117. The right to education is among the most important ICESCR rights

114, which humans must

enjoy to enjoy their other rights. Without education, people cannot know their rights or

defend them from violations. The right to education appeared in many international

conventions ratified by Jordan, and the constitution guaranteed the right to education in

Jordan115

, within the capacities of the state. It also included the right to establishing private

schools and mandatory education in Articles (6-2) and (19)116

. It also balanced between the

state‘s duty in the area of education and the freedom of education for groups, and specified

two criteria for education: the state‘s capacities and abiding by the laws, and government

monitoring of the general provisions of the group schools. However, it did not specify the

level of these duties with regard to university education. With regard to school education,

the education process is regulated by a series of legislative enactments and regulations,

namely the Education Code No. 3 of 1994 and its amendments, where the chapter on

education philosophy and goals in the law listed provisions related to the right to education

and its goals117

; the Adult Education and Illiteracy Regulations No. 81 of 2005; Instructions

for Night Academic Study Centers in Government Educational Institutions No. 6 of 2006;

Instructions No. 4 of 2006 on Exams for Programs of Non-Organized Students (home

study); and Instructions No. 7 of 2003 on Pioneer Centers for Excelling Students.

118. School education in Jordan saw a group of positive developments in 2008, namely: increase

in the number of schools with an increase in the number of students; the number of students

in the Kingdom‘s schools for the school year 2007/2008 is estimated at approximately

1,598,211 students, an annual increase of 1.7% from last year, while the number of students

totaled 5690 schools, an increase of 132 schools from last year, or 2.3%118

. As for

114

This right was stipluated in articles 13 and 14 of this Convenant, and pursuant to them, the right to education is

considered guaranteed for every individual. It must be directed to the complete development of the human character

and strengthening respect for human rights. This necessitates making primary education mandatory, free and available

for all, and generalizing and allowing opportunitie for secundary education of various types, and allowing the

opportunity of higher education on an equal footing based on qualifications, and the gradual application of free

secondary and higher education. This also necessiates encouraging basic education and intensifying it for individuals

who did not complete their primate education, and respecting the freedom of education by respecting the freedom of

parents in choosing children for this schools from non-public schools on condition the minimum criteria for education

adopted by the state are complied with. 115

Jordan ratitied on 6/4/1976 the Convention on Non Discrimination in Education, and on 18/12/1995 ratified the

protocol of establishing a good will committee responsible for settling conflicts that may arise among the signatories of

the Non Discrimination in Education Convention, and on 3/9/1992 ratified the Technical and Vocational Training

Convention. 116

Article 6/2 stressed that the state will guarantee work and education within its capacities asnd will guarantee

reassuarnce and equal opportunity for all Jordanians. Groups have the right to establish their schools and manage them

to educate their members, provided the general provisions stipulated in the law are complied with and the government

monitors their programs and directions. Article 20 stipulated ―Elemntary education is mandatory for Jordanians and is

free of change in public schools‖. However, the Center indicates that the Education Law did not include specific

mechanisms that guanatee the commitment of parents to their application, which leads to many children not attending

school or not entering it in the first place, out of a desire to help the familiy in providing a living. 117

Article 3 C: 1. Jordanians are equal in basic, social and economic rights and duties, and are divided according to

their giving to their community and their loyalty to it. 2. Respecting the freedom of the individual and his dignity. 5.

Education is a social necessity and education is everyone‘s right according to their capacities and personal capabilities.

The general goals in Article 4 stipulate: n. Insisting on citizenship rights and assuming the ensuing responsibilities. o.

appreciate the humanity of people and form positive values and attitudes towards the self and others, work and social

advancement, which represent the pricniples of democracy in individual and group behavior. 118

According to MoE statistics, Minsitry of Education and other public schools constitute approxmately 58.4%, a

decrease of 0.2% from last year, with 1,126,844 students, an increase of 12,300 students, or 1.1% of the students in

public schools, while private sector schools constitute 38% with 345,823 students, an increase of students of 4.6% from

last year. The percentage of UNRWA schools constitutes 3.1% with 125,544 students.

kindergartens, they increased in 2008 from last year with 130 public and 46 private ones,

with 2027 kindergartens in the Kingdom, including 1,327 public and 700 private. The

Ministry of Education (MoE) budget for this year increased, totaling 460,088600 dinars,

which constitutes 8.8% of the state budget. In spite of the decrease in percentage compared

with last year, its value increased by 12 million from last year in light of the increase in the

value of the state budget. The Center considers these figures and percentage constitute

positive indications on the availability and scope of the right of education, and reaffirms its

growth compared with the natural annual increase of the population, but it notes that the

increase in 2008 in the number of students in private schools is not in harmony with the

increase in public schools, while the number of private schools is growing in percentages

larger than the growth of public schools119

. The figures of Table 9 indicate there is a need to

intensify efforts to build new schools, by the government and UNRWA, to reduce the

number of students in each class to develop the quality of education, especially in UNRWA

schools. In spite of the increase in the number of school buildings, the Center noted the

limited infrastructure of the buildings, especially in terms of playgrounds, theaters, and

others, as seen in Table 10.

Table 9: Distribution of students in the school system, by supervising body

Supervising Body Percentage of Students Rate of Students

Total Male Female Each Class Each Teacher

Grand Total 100% 50.5% 49.5%

MoE 69.4% 33.3% 36.1%

Other governmental 1.1% 0.9% 0.2%

UNRWA 7.9% 4% 3.9%

Private Education 21.6% 12.3% 9.3%

Table 10: Number of playgrounds and halls in schools

Type MoE Private Education UNRWA Other Schools Total

Gyms -

Internal playgrounds

Football playgrounds

Areas

119. The MoE grants handicapped children special care; physically challenged children are

integrated into ordinary classrooms while providing the necessary facilities for them in the

schools with physically challenged students, and there are 10 schools for the deaf with

approximately 800 students, and two schools for the blind with approximately 215 students

with transportation provided for them. Handicapped children are exempt from school

donations. As for students with learning disabilities, 580 special rooms were provided

benefiting approximately 12,500 students, and a special curriculum is provided for them

from the first to the fourth grades. However, the Center noted that some of these rooms lack

the equipment and tools that help education and those that are available require constant

maintenance.

120. The MoE also grants excelling students special attention. There are 3 students for them, the

King Abdullah Excellence Schools in Irbid, Salt and Zarqa, in addition to the Jubilee School

established to focus on the talented at the Kingdom‘s level in advanced education programs

for the last four years. The excelling students are chosen from the sixth grades for the King

119

The Center indicates that the increase in the number of private schools carries in its folds the state‘s withdrawal

from the mission of free education stipulated in article 20 of the constitution.

Abdullah Excellence Schools, and they are provided with additional curricula, in addition to

the official curricula. There are also pioneer center programs totaling 19, teaching

approximately 2000 students in the evening period provided with enriching educational

materials. There are also educational resource rooms for talented students which strengthen

the student‘s skills with enriching educational materials, totaling 21 rooms in the

Kingdom‘s schools. There are also academic acceleration programs for excelling students,

which accelerate students twice during school years, i.e. moving them to advanced grades

where students skip two grades, 60 to 80 students are accelerated annually, and the Center

reaffirms the importance of these programs and calls for enhancing the services offered to

benefit the largest group possible,

121. Private schools teach the Ministry‘s curriculum in addition to other curricula approved by

the Education Council in harmony with the freedom of education. However, the Center

identified many complaints in the media on the high fees in most private schools in the first

half of 2008, which constitutes a burden on parents, and a large number of them is unable to

pay the expensive fees120

. The Center also indicates that the Ministry does not obligate

private schools to appoint education counselors, in addition to the low salaries of some

teachers in some private education schools, which are lower than minimum wage. The

Center stresses the need for the Ministry to expedite the drafting and adoption of regulations

that classify private schools.

122. As for illiteracy rates, it decreased from earlier years to reach 7.9% this year, which is the

lowest percentage in the history of Jordan. Females constitute 11.6% while males constitute

4.3%. The number of adult education and literacy centers for the school year 2008/2009

reached 511 centers with 6,217 students, with 29 centers for males with 472 students and

482 centers for women with 5,745 students121

. The Center values the efforts exerted to

reduce illiteracy rates, however, it affirms the need for establishing measures that constitute

greater incentives, such as: the distribution of some in-kind assistance to the students, as

most of them are of limited income and enhancing the joining of male students. The Center

recognizes the special MoE effort in eliminating illiteracy, as Jordan has become according

to UNESCO statistics among the advanced Arab countries in this area.

123. Among the pioneer education programs is the RRS Inmates Peer Education Program.

However, the Center indicates that the reward granted to teaching inmates is very little,

which influences the motivation of the teacher122

, in addition to the lack of incentives for

the learners, the limited number of beneficiaries from the learning programs and the

restriction of their existence to some centers and not others in 2008/2009.

124. As for healthcare and school nutrition, the school food program was expanded and the

scope of students benefiting from this program increased to approximately 157,000 students

compared with 300,000 students in 2007. The total number reached 457,000 from the first

120

The Center noticed that the majority of priavte schools increased the rates of student transport with the rise in oil

prices in the first half of 2008 but refused to reconsider these fees with the decrease in oil prices in the followng

months, when they decreased by over 50%. 121

There is the evening program in which irregular students are taught from grades seven to twelve, which allows

students to cotinue their studies for those who finished the literay stage. However, the Center noted the extreme decline

in the numbers of students in recent years. There is also another program within the irregular education team, which is

the program of educating drop-outs, with a total number of 2,859 students, 2278 male and 581 female, including

Jordanians and other nationalities. There is a weak demand for this program, clearly, which necessitates a host of more

effective measures to guanatee the joining of students who have dropped out, in addition to expanding it to include non-

Jordanian students, especially since there are large number of drop out students among Iraqi children. 122

Teachers receive limited financial rewards. Teachers in adult education and literacy programs receive 1.6 JD per

teaching hour, with an average rate of 3 hours a daily, maximum.

to the sixth grades, distributed among 2470 schools, in addition to kindergartens in poverty

pockets. Approximately 42,000 students benefit from the total number of UNRWA school

students123

. The health follow-up of students in schools increased, with the MoE providing

preventive vaccines to 229,924 students124

. There is also in every school a teacher

responsible for the follow-up of school health services in cooperation with the Ministry of

Health. However, the Center indicates that the majority of schools do not have medical

examination rooms, and the teachers responsible for school health require education and

capacity building.

125. The areas of vocational training have been expanded to include health, tourism, hospitality,

agriculture, industry and information technology. A vocational training course is taught in

basic education stages. The Center indicates that the policy of gender integration in vocation

training has been implemented, where industrial education is no longer restricted to males

and home economic education is not longer restricted to females. The Ministry also

convened training courses and issued training guides based on the capacities of its

workers125

. Much effort was exerted and many projects implemented to improve the living

conditions of the teachers126

.

126. In enhancing HR concepts in school curricula, specifically children‘s and women‘s rights,

all basic classes and in more than one subject included direct HR classes, or they were in the

form of activities by the students, in addition to enhancing the concepts of gender and the

roles of women and men in school curricula. Students now participate in the assessment of

curricula and books, and a ―student message‖ email was published so that can students can

express their opinions.

127. The Center values the positive efforts of the Ministry in guaranteeing the right to education,

especially providing education for repeated immigration waves within a limited budget, and

stresses the need to continue and develop. It also noted the continued negative attributes of

the education sector in 2008: a) the circumstances of some schools, especially in the poor

areas in Zarqa and the Valley inappropriate for education in terms of equipment and

facilities, they lack playgrounds and halls for the various activities, in addition to the

reliance on some rented buildings which do not provide the necessary education facilities,

b) Christian religion is not taught to Christian students as is the case for Islamic religion in

the schools, because the Christian churches cannot agree on a unified curriculum on one

hand and the Ministry‘s inability to address the technical and administrative problems

123

The problem of the bad milk distributed to students as part of the school food program from time to time has

stopped, as high protein cookies are provided, 50 grams, and one fruit, is offered. 124

The number of students who have been checked for general health totaled 366,523, while the number of students

checked for dental health totaled 276,630. 125125

Electronic training programs were organized, like ICDL, benefitting 95% of the Minsitry‘s employees, totalling

approximately 95 thousand, as well as rporagsm of eplying qualified individuals within school rooms INTEl, with 7

school curriclua computerized. There is a computer for every student, which necessitates an increase in the number of

computers. A guide for the first three grades was also issued and all teachers were trained on it, while the national

criteria for teacher vocational development were issued. Moreover, 800 teachers are sent to public universities to obtain

diplomas and MA degrees in education in various specilaizations, at the Ministry‘s expense. 126

Like the Housing Fund and the Education Security Fund through offering loans. Special reference is made to

improving the salaries of teachers through granting bonuses for teachers this year. Teachers are granted 50 JD for

teaching in a school in a district other than the one he resides in, 100 JD for teaching in another governorate, and 150

JD in another region, in addition to a marked increase in the basic salary, as well as implementing the new bonus

system as follwos: 10% for teachers with ICDL and the grae of teacher, 25% for students with over 60 training hours

on condition of holding a diploma, and 50% for teachers with 160 training hours in addition to an MA as a minimum,

and 200 points for publishing an individual research paper in an arbitrated magazine or receiving the Queen Rania

Special Teacher Award, according to which he receives the rank of expert.

related to the teaching of the Christian religion on the other127

. C) The phenomenon of

school violence continues, with the cases of violence among students themselves on one

hand and between students and teachers on the other increasing, in spite of the hotline at the

Ministry to receive complaints of cases of violence against students. The hotline received 33

complaints from September to November 2008, 24 of which were by the teacher or

principle. The Center believes that the cases of abuse exceed this number because of the low

awareness of students and parents on the hotline in addition to resolving many cases of

abuse through amicable means. The Center points that the Ministry implemented a series of

procedures to limit the abuse of students, including: underlining the instructions for teachers

and principals, establishing a protection from abuse department at the public education and

student affairs administration to provide protection to children from abuse, issuing the

preventive guide to protect students from violence and abuse which targets counselors and

teachers, and the educational counselors guide in Jordanian schools on protecting children

from abuse (8-12)128

. The Center reiterates the importance of the counselor‘s role in limiting

school violence and guiding students, and refers specially to the fact that appointing

counselors in private education is not mandatory, which necessitates procedures that

commit them to do so. C) Lack of a teacher‘s union although the education profession is a

profession and mission just like medicine, engineering and law, and others, which hinders

the development of the education profession and the departure of teachers to work in other

professions as long as teachers continue to be denied their right to organization as is the

case in most countries of the world. D) Modest annual increases and bonuses for teachers.

E) Lack of training programs and outside scholarships conducted by the Ministry, with the

number of scholarships abroad offered in 2008 totaling 65, and the number of those sent to

courses abroad (15). The Center believes this number is low compared with the number of

teachers at the Ministry, totaling 89,512. F) Some schools appear to be low in teachers of

natural science subjects at the beginning of the school year.

128. The number of complaints received by the Center on the right to school education totaled 8

compared with 12 in 2007, on difficulties in accessing the school due to the distance and its

danger, not allowing elementary education, denial of public education because of foreign

nationality, the lack of education because the father is not mandated to do so, the

withholding of educational documents and the lack of appropriate teaching for handicapped

children.

129. The higher education sector is regulated by the Higher Education and Scientific Research

Law No. 4 of 2005 and its amendments, according to which the goals of higher education

are set as sponsoring the democratic path and enhancing it to guarantee the freedom of

academic work, the right to expression, respecting the opinions of others, working as a

team, assuming responsibility, using critical academic thinking, providing the academic,

social and psychological environment supportive of creativity, excellence, innovation and

honing talents, and encouraging scientific research, supporting it, and elevating it,

especially applied scientific research directed at serving and developing the community.

The Center noted a host of comments on this right in 2008, namely: a) the criteria for

admissions remain a challenge to equal opportunities in higher education, where there are

127

The most prominent problem facing the Ministry in teaching Christian religion is the lack of large numbers of

Christian students, which led to combining students from several grades in one, the conflict in school classes, and the

avialability of teachers, which was not always easy. 128

The number of councelors totals 1,675 in public schools and 170 in private schools, a total of 1,845. This figure

constitutes a third of the Kingdom‘s schools, which indicates the low number of councelors.

many exceptions129

. Approximately 50% of applicants are admitted on exceptional

conditions. In spite of the fact that the majority of admissions in these exceptional cases are

on a competitive basis, the discrimination comes from obtaining a university seat with an

average that is less that than in the case of competing with the rest of the students. Table

(11) highlights these exceptions. If the percentage of students accepted to the parallel

program are added130

, in which students are accepted with lower grades than the criteria for

admissions in return for higher fees, the percentage of exceptions exceeds (60%). The

number of students admitted to the parallel program, which are studying for the school year

2007/2008 is 22,912 students, i.e. approximately 5000 students are admitted annually,

which constitutes over 10% of those admitted annually on the admissions basis, totaling

49,701 students. The universities have resorted to this measure to increase their budgets that

suffer a great deficit, while the government should have supported them. The Center calls

for taking into consideration the special circumstances of some groups in society, but

believed that addressing this issue requires reconsidering the educational policies of those

groups and socially enabling them to ensure equality, qualifications and justice in education

b) The Center noted an increase in complaints on the conditions for accrediting higher

education inside and outside Jordan, where several higher education specializations have

not been created in Jordanian universities in the last two years by the Higher Education

Council although there are many who want to enroll in these specializations. The Center

also considers that the condition of residency by the Ministry of Higher Education and

Scientific Research (MoHESR) for a school year for the accreditation of MA and PhD

degrees in foreign universities which do not require the attendance of courses constitutes an

obstacle to many enrolling in them. The Ministry justified this by its desire to guarantee the

quality of education, while the Center believes it is necessary for the MoHESR to balance

the conditions for quality with refraining from exaggerating accreditation procedures.

Table 11: Categories and percentages of exceptional admissions at Jordanian universities

Category enjoying exceptions Percentage

Percentage of the accepted for groups of

Children of staff in the Armed Forces, PSD, GID, Civil Defense and the

retirees among them 20%

Children of MoE staff and retirees among them 5%

Children of staff in the universities who are not among the teaching

faculty, and the children of staff who spent at least 10 years in service 2%

Students from public schools with special circumstances (previously

known as vulnerable) 10%

Expatriate Jordanians 5%

Those with high school diplomas or their equivalent from earlier years 5%

Total 47%

Categories with numbers of seats

Children of martyrs from the Armed Forces, PSD, GID and Civil Defense 15 seats in every

university (total 375)

129

Admission of students is governed by ―Principles of Admission of Students to Official Universities for the

Academic Year 2008/2009,‖ issued by virtue of Article 6-D of Higher Education and Scientific Research No. 4 (2005

and its amendments, as well as Higher Education Council Resolution No. 207, issued on 5/7/2008. 130

256 These admission principles and the Parallel Program violate the pricniple of equality and competence stipulated

in article 13-2-c of the Convention, which stipulates that, ―Higher education shall be made equally accessible to all, on

the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education‖.

A child of the members of the working or former Higher Education

Council and one grandchild of the first degree

A child of the members of the working or former Board of Trustees and

one grandchild of the first degree

Children of faculty members working in them and children of former

faculty members who spent at least 10 years in the service of the

University

Students excelling in sports, arts and music

Seats at the Hijjawi Technology College for Ayman Hijjawi

Children of the camps

Specified number for handicapped and blind students

Children of Jordanian diplomats working in Jordanian embassies abroad

130. As for university fees, the Center considers them high compared with the level of income

for a large section of society. They also vary from one university to the next in the same

specialization on one hand and the specializations themselves on the other. The fees for one

credit hour vary from 16 JDs to 150JDs. The public university budgets indicate that the

students assume the largest percentage of their budget input through university fees, as they

constitute for example in Jordan University 70.75% of the budget of 2008, pursuant to

MoHESR statistics. The Center found the statements by public officials calling for

universities bearing personal responsibility for providing their own budgets through their

revenues, which means the university fees may be increased for the students, and this entails

limiting the chances of education unless they are accompanied by activating the Student

Support Fund in every university, so that the university supports it from the annual grants to

assist students partially or completely in paying for tuition pursuant to specific criteria.

131. The phenomenon of violence remains practiced in Jordanian universities in spite of their

decrease this year. The Center stresses the importance of addressing this phenomenon by

enhancing the HR education and promoting the culture of democracy, tolerance, dispute

resolution through peaceful means, and volunteer work. It stresses the need for teaching

these concepts and principles in the form of a university course or by integrating them

within specialization courses in every college or specialization, in addition to enhancing

extracurricular activities that enhance these values, such as student camps, competitions and

volunteer work. The Center believes one of the main reasons for this phenomenon is the

weak youth programs and investment of youth energy, the lack of HR clubs in most

universities and limited student councils and not enabling them from play their role,

prevents students from expressing themselves, defending their rights and learning about

their duties, especially in the cases where students are subjected to disciplinary committees.

Where the principles of a fair trial are sometimes not applied as stipulated in disciplinary

regulations, in addition to the intervention in the decisions of investigation committees,

which weakens deterring students from violence acts. The MoHESR is currently working

on drafting new disciplinary instructions for university students. The Center also notes the

lack of a general union for students in the Kingdom and the lack of university teacher and

staff associations.

132. The Center recorded a host of positive developments in this sector during 2008, namely: a)

higher education statistics are a positive indicator on the availability of higher education, as

several universities are available to absorb the increase in student numbers, with different

specializations131

. B) The MoHESR continued to execute the ―National Strategy for Higher

Education and Scientific Research 2007 – 2012‖132

. C) Suspended appointment in student

councils in most universities, except for Zarqa Private University, after the full and direct

elections at Jordan University to ensure student representation and participation in decision

making. D) Applied several measures to support scientific research, namely amending the

Public Jordanian Universities Law No. 42 of 2001, by allocated 3% of the annual university

budgets for purposes of scientific research, publication, training and conferences, and 2% of

their budgets for PhD scholarships, as well as forming a national team to create a

comprehensive strategy for the Scientific Research Support Fund for 2009 – 2012. The

Center proposes in this regard unifying these two percentages by adding them to make one

percentage, as the emerging university needs scholarships because they do not have a

sufficient number of researchers in the emerging university, while the university established

for long needs to support scientific research instead of scholarships to maintain their

accommodation energy in terms of faculty. This distribution will be left to the discretion of

the university boards of trustees, to support university independence.

133. The Center appreciates MoE efforts in the area of the right to education; to support the

progress achieved in more than one area, it recommends for more progress the following:

A) Start phase two of the Project Economic Reform for Knowledge Economy (ERFKE 2)

B) Increase MoE budget so that it can expand and develop the infrastructure, specifically to

put an end to two shift schools and rented schools, and provide sufficient facilities for

individuals with special needs, theaters, laboratories, playgrounds, music instruments,

vocational training and computers.

C) Expand the scope of kindergarten beneficiaries.

D) Expand non-regular education programs for drop outs and literary through enhancing

bonuses to teachers and students, and give special care to the education of RRC inmates.

E) Enhance school nutrition programs and expand the scope of its beneficiaries, in addition

to enhancing school health services, including medical examination rooms and teacher

training.

F) Continue to teach HR with the need to focus on training teachers and writers of

curricula and school books on HR.

G) Increase the Ministry‘s efforts in addressing the phenomenon of school violence,

activate the procedures followed, monitor, guide and enhance the HR, peace and

conflict resolution culture.

H) Establish a union for teachers to contribute to developing the education profession and

enhance the physical and moral rights of teachers.

I) Classify private schools with emphases on commitment to the criteria of private

education with regard to appointing social counselors and respecting minimum wage.

J) Create curricula for teaching Christian religion in public schools to Christian students.

134. With regard to the higher education sector, the Center reaffirms its recommendations in the

previous four reports, and stresses the need to work seriously on them and adopt them as

soon as possible, as follows:

131

The Kingdom has 25 universities in various parts of the kingdom, 10 public universities and 15 private ones,

teaching a total of 253,137 students in various academic degrees and from various nationalities, including 122,495

female students, or 48.4%. 132

With seven themes: good governance and university administration, admissions, accreditation and quality control,

scientific research, development and higher education, technical and technological education, university funding and

university environment.

A) Reconsider admissions criteria for universities pursuant to the international HR criteria

to ensure the availability of education to all on the basis of qualifications and equality,

and eliminating exceptions.

B) Apply public and private accreditation criteria on public universities similar to their

application for private universities to increase education quality, as the Accreditation

Council Law is binding for all.

C) Reaffirm the independence of universities by reinstating all authorities of their boards of

trustees, limited by the Higher Education Council, so that the work of the Higher

Education Council – after reforming it to represent the public and private sectors and the

civil society benefiting from outcomes of higher education – is restricted to drafting the

guiding policies for higher education, drafting the higher education and scientific

research strategy, and conducting comparative studies with higher education and

scientific research in the world in order to elevate the level of higher education and

scientific research in Jordan.

D) Teach HR, democracy and tolerance through creating a curriculum for university

students or integrating them into the various specializations, and enhance all forms of

extra-curricular activities in this area.

E) Apply the discipline and punishment system pursuant to international HR criteria, with a

focus on the need for disciplinary punishments to fit the student violations, provided the

application of these student punishments do not prevent students from expressing their

opinions and activities in an environment of freedom.

F) Establish associations for teachers and staff in universities, and establish a general union

for students in Jordan on the basis on independence and full and direct election, to

guarantee equality among students and enhance democracy and participation.

G) Expedite the drafting of a comprehensive strategy for the Scientific Research Support

Fund for 2009 – 2012 to support the priorities of scientific research, especially in the

areas of water, energy, and food security, and execute the national strategy for higher

education and scientific research (2007 – 2012).

Cultural Rights

Table 12: Number of works catalogued at the National Library, 2006–2008

Year

Resources

Books Periodicals Cassettes Video Computer Pictures Total

Total

135. International criteria include provisions on cultural rights133

, namely: the Universal

Declaration for Human Rights, ICESCR134

. The Jordanian constitution does not have an

explicit provision on cultural rights, however, it is implied in Article (15), Paragraph 1, in

the reference to freedom of cultural expression135

. The National Charter, in Chapter Six,

also stressed cultural rights clearly and separately136

. The Culture Sponsorship Law No. 36

of 2006 guaranteed all cultural rights. Article (4) set out the cultural duties undertaken by

the Ministry of Culture (MoC), namely: setting general policies for cultural work,

developing cultural work by supporting cultural associations and institutions, providing

appropriate circumstances to launch creative and artistic energy, sponsor, highlight and

publish intellectual, cultural and artistic creativity, establish cultural, artistic and popular

centers and museums, establish theater and popular troupes to serve the cultural and artistic

movement, honor writers and artists and encourage talent and entrench the concept of

democracy with all its commitment to HR, freedom of expression and freedom of opinion.

As for the Protection of the Writer‘s Right Law No. 22 of 1992 and its amendments, it

guaranteed the right to protecting moral and physical interests resulting from any scientific,

artistic or literary effect. Article (3) stipulated legal protection for resources created in

literature, arts and sciences, regardless of their type, importance, or purpose of

production137

. The National Library Regulations No. 5 of 1994 and their amendments help

in ensuring protection for the writer, as it guarantees the process of deposit and monitoring.

133

The cultural right can be defined as the right of every individual to participate in cultural life, enjoy the benefits of

scientific advancement and its application, benefit from the protection of moral and financial interests resulting from

any scientific, artistic or literary work of his creation. It requires the state to guarantee the full practice of this right to

preserve, develop and promote science and culture, respect the freedom that is indispensible in scientific research and

creative activitiy, and recognize the benefits of encouraging and developing international communication and

cooperation in the areas of science and culture. 134

See article 27 of the Universal Declaration for Human Rights and Article 15 of ICESCR. 135

Article 15 paragraph 1 of the Constitution stipulates ―The State shall guarantee freedom of opinion. Every Jordanian

shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms

of expression, provided that such does not violate the law‖ 136

Article 4 of the National Charter stipulates ―Attention must be paid to enhancing the cultural attainments of

Jordanian citizens in all regions of the Kingdom through promoting and developing national culture by all available

means, enabling meaningful participation in the process of comprehensive cultural growth‖. Article 6 also recognized

on cultural diversity ―Care must be extended to all forms of Jordanian folklore, as they constitute a creative and

enriching part of national culture. They must be brought abreast of the modern age in a manner that would serve to

integrate the nation‘s cultural fabric‖. 137

Article (3) stipulates: ―B. The resources created in literature, arts and sciences, regardless of their type, importance

or purpose of production, shall enjoy protection pursuant to this law. C. This protection includes the resources that are

expressed in writing, sound, drawing, photography, or movement, specifically:

Books, brochures and other written materials

Oral resources, such as lectures, speeches and sermons.

Theater, musical theater, musical and mime resources.

136. However, the Center found a host of practices and shortcomings that do not allow the full

enjoyment of the cultural rights of individuals in 2008, namely:

A) Although the press and publications law prohibited censorship of publications before

printing, which positively contributes to expanding the intellectual and cultural freedom

area, the writer, publisher and printer may be prosecuted in case of violating the

provisions of Article (38) of this law138

. The Center also notes that this article creates

restrictions and gives a wife and conflicting explanation based on the differences in

jurisprudence, and may constitute a justification for restricting the freedom of

expression for the writer in an unjustified manner. Five cases were referred in 2008 by

the Publications and Press Department to the judiciary on the basis of their violation of

the Press and Publications Law, and they are still pending, in addition to several cases

that may be filed by individuals based on laws other than the Press and Publications

Law.

B) The Press and Publications Law still grants the Director of the Publications and Press

Department the right to suspend the admission of resources created abroad, banning

their distribution and restricting the number of copies temporarily allowed for

distribution, provided that the Director submits to the court, summarily, a request to

issue a summary decision banning their entry, distribution or restriction of the number

of copies distributed until a final decision is handed down in this regard139

.

C) The Press and Publications Law granted the Director of the Publications and Press

Department the authority of prior approval of publications imported by governmental

institutions, universities, and scientific research centers, as no publications may enter

these institutions without the prior approval of the Director. They must also be placed in

special locations for use in scientific research, which constitutes a restriction of the

freedom of scientific research and denies scientific institutions the right to resort to the

judiciary.

137. The year 2008 saw a host of developments related to citizen enjoyment of their cultural

rights, namely the Writer Right Protection Office referring 1800 cases of law violation to

Musical resources whether they are digitized or note, or accompanied by words or not

Cinematic and radio resources, visual or sound

Works of drawing, photography, sclupture, engraving, architecture and applied and decorative arts.

Explanatory pictures, maps, designs, plans and models related to geogrphy and surface maps of the earth

Computer programs, in their source language or the machine language

D. The protection includes the title of the resources, unless the title is a common term to indicate the topic of the

resource.

E. Also enjoying protetcion are ―groups of literary or artistics resources such as encyclopedias, selections, and data

collected, whether in the digitally read format or in any other format, and which constitute in terms of the selection or

arrangement of their contents intellectual and innovative acts, in addition to protection for groups that include

selections of poetry, prose, music or others, provided those collections list the source of the selections and their writers

without undermining the rights of the writers with regard to every classification that constitutes a part of these

collections‖. 138

This article prohibited the publication of any of the following:

a. What entails defamation, insult or abuse to a religion whose freedom is guaranteed in the

constitution.

b. What entails undermining or offending prophets in writing, drawing, image, code or any other means.

c. What entails an insult to religious feelings or beliefs, or causes religious or racist incites.

d. What offends the dignity of indevidiauls and their personal freedoms, or what includes untruthful

information or rumors about them. 139

The Publications and Press Department allows the entry of foreign books into the Kingdom in general. In the period

1999 to 2008, approximately 8000 books entered the Kingdom. However, a limited number of them were banned entry

on the basis of the abnned items in the Jordanian laws, usually for political, religious, or public morality reasons.

the courts between 2001 and 2008, and issuing regulations on Full Time Jordanian Cultural

Creativity No. 22 of 2007. The MoC executed the project of cultural cities, and the city of

Salt was the cultural city for 2008. Several seminars, lectures, festivals and exhibitions were

organized, a film was produced, in addition to other activities. However, the Center notes

the lack of a law to preserve national documents, which leads to the destruction of many

without depositing them at the National Library.

138. The number of books deposited at the Publications and Press Department rose to a total of

849 publications in 2008, while in 2007 they were approximately 350, which contributes to

the process of protection. The MoC also publishes creative and intellectual production of

Jordanian writers through various means, including full publication of books at the

Ministry‘s expense, where 130 books were published, printed and distributed in 2008, while

giving writers financial rewards and several copies for the book140

. Support for publishing

books was also provided to cover the full budget of printing in return for the Ministry

obtaining 200 copies, and the number of supported books for this year totaled 170 books.

The Ministry also implemented the Family Library Project, and this year 60 titles were sold

at a rate of 5000 copies per book, at nominal prices. The Ministry also allows creative

individuals opportunities to write in the three literary magazines published by it: Afkar

Magazine, the monthly children‘s magazine ―Wisam‖ and the quarterly magazine

―Funoun‖.

139. In this context, and to protect the cultural rights, the Center offers several recommendations

to develop the individual‘s enjoyment of cultural rights:

A) Issue a law to maintain national documents in order to protect them from destruction.

B) Support cultural bodies financially and technically, especially those in the governorates,

and support the cultural festivals, especially in the governorates.

C) Cancel taxes on income from the book industry.

Right to Health

140. The constitution did not include a reference to the right to health directly, although

international conventions focused especially on this right due to its importance to the life of

people. However, the amended Public Health Law No. 47 of 2008 contained provisions that

reaffirm the responsibility of the state in offering healthcare in its various forms, including:

offering medical and treatment services, combating contagious diseases, increasing

140

The reward for creative writers is JD 750, in addition to 100 copies, while the study reward is 1000 JD in addition to

100 copies, and the children‘s book reward is JD 500 with 100 copies.

awareness, and protecting motherhood and childhood. The Center indicates that the national

legislative enactments did not stipulate the state‘s responsibility in providing objective

conditions for the practice of this right, and the law also fall short because it focuses on

physical health and the treatment of diseases, and does not give the same importance to

psychological health.

141. The Center noted in 2008 that some hospitals and health centers suffer from a host of

problems that hinder the achievement of their goals141

. The Center expresses concern due to

the lack of quality control in hospital services, although many obtained a degree from ISO

or similar systems. These degrees and certificates related to the structure and management

of hospitals and have nothing to do with quality control for the care offered by the doctor in

examination, diagnosis or treatment. The Center followed in 2008 the Ministry of Health‘s

draft law on medical responsibility. The Center expressed several comments, namely listing

the issue of medical responsibility within the Physician‘s Association Law and not drafting

an independent law for it, in harmony with the valid legislative enactments like the French

Law. The Physician‘s Association is considered the body for regulating the affairs of the

profession and its staff, to protect the rights of the health profession practitioners and the

rights of patients. The year 2008 saw the Ministry‘s expansion and modernization of 13

hospitals in various regions of the Kingdom142

, the establishment of two comprehensive

health clinics in Jarash and Rusaifah, the establishment of 14 primary health clinics, and the

establishment of two branch health clinics in Karak and Ajloun143

.

142. The Center notes some shortcomings in the Public Health Law, as it did not give sufficient

importance to psychological health like the other diseases, but it commends the formation of

a national committee on 17/12/2008 chaired by the Secretary General of the Ministry of

Health, including representatives of health service providers in the public and private

sectors and the Ministry of Higher Education, to create national policies and strategies

aimed at integrating psychological health services within the primary health care services144

.

The Center hopes this strategy will take into consideration the high cost of psychological

medical services and the importance of their provision, according to the general living

conditions.

Table 14: Prevalence of contagious diseases, %

Disease %

Hypertension

High overall cholesterol

Diabetes

Dormant diabetes

Weight gain

Obesity

141

Namely: Lack of medical and nursing staff, shortage of some necessary drugs, shortage in the number of dentistry

chairs. 142

Represented by establishing departments for children and new borns, operations and intensive care, out patient

buildings and the modernization of maternity and obstetrics departments. 143

The Ministry of Health offers two forms of healthcare: primary, offered by health centers, and secondary and third

offered by hospitals. The health clinics are also divided into three type sof health centers according to the importance

and quality of care provided, comprehensive, primary and branch centers, in addition to motherhood and childhood

centers and dental centers. 144

Primary Health Care Directoarte.

143. The year 2008 saw a marked increase in the rates of non-contagious diseases, especially

health disease, cancer and diabetes. Heart disease is the main cause of death in the Kingdom

with 38% of total deaths. Cancer comes in second with 14%, while accidents constitutes

11% of deaths145

. Based on the study conducted by the Ministry of Health146

in 2007, it was

found that the youth afflicted with these diseases is high. Table 14 shows the percentages of

the population with non-contagious diseases147

. The high percentages of diabetes,

hypertension, fat, weight gain and obesity, are high if compared with the population, which

entails a high cost of treatment for these diseases on society. This requires a national

strategy for prevention and treatment alike.

144. The year 2008 saw the problem of people with thalassemia, totaling 1,425. The Center

wrote to the Ministry of Health on the complaints it received from the patients, and has still

not received an answer as of the date of the report. The complaints included demands for

oral treatment ―EXJADE instead of ―Desferal.‖ which is currently taken by shots in the

stomach of the patient for ten hours, and providing a specialized medical team to offer

medical services to patients of thalassemia. The medical services currently offered to them

are by a pediatrician.

145. The Center also noted the government passed a decision to limit the treatment of cancer

patients with exemptions from the Patient Affairs Unit at the Royal Court and all children at

the Hussein Cancer Center in April 2008, and the referral of the other cancer patient with

health insurance to the other hospitals according to their health insurance. The Ministry of

Health justified the governmental decision to reduce the financial burdens in the budget,

which prompted these patients and popular bodies to stage sit ins and demonstrations, as the

decisions exempts the government from providing the minimum level of medical care for

citizens and leaves them prone to the privatization of the medical sector and its health

services148

.

Table 15: Number of cases of contagious diseases as of the end of November 2008, compared

with 2007

Disease Number of Cases in 2008 Number of Cases in 2007

Hepatitis A

Hepatitis B

Food poisoning

Malta fever

Malaria

Bilharzia

Skin Leishmaniasis

Sterility

Chicken pox

Epidemic meningitis

Non-epidemic meningitis

AIDS

145

National Health Strategy for 2008 – 2011. 146

These studies are conducted every 3 to 5 years approximately, and their results were published in 2008. 147

Based on the information presented by the Ministry of Health / Directorate of Monitoring Non-Contageous

Diseases. 148

Al Ghad Newspaper, 11 May 2008.

146. As for contagious diseases, the Center believes most contagious diseases have been

controlled well and effectively, and that the diseases that can be prevented by vaccination

saw a significant decrease, as no new cases of diphtheria and polio were recorded in 2008

due to the high rates of vaccination coverage. However, it noted that diarrhea, respiratory

system diseases and hepatitis are still major disease reported by the health centers

periodically, in addition to recording limited cases of whooping cough and tetanus149

. Table

(15) shows the number of patients with contagious diseases as of October 2008, compared

with 2007150

.

147. The Center notes a host of effort exerted by the Ministry of Health in 2008 to combat the

spread of contagious and non-contagious diseases, namely:

A) Train health and medical staff on detecting contagious diseases and providing them

periodically to the Directorate of Monitoring Contagious Diseases.

B) The Ministry of Health implemented two free vaccination campaigns in April and

November for individuals living in remote locations and individuals moving in and out

of various areas within the Kingdom, like moving Bedouins.

C) Issued awareness and educational brochures on contagious diseases to medical staff and

the public, these included: brochures on contagious diseases and how to deal with them,

vaccination guide, and guide on the side effects of vaccines.

D) Created fixed national programs to combat contagious diseases like the National Breast

Cancer Program.

E) Established a national register of hereditary diseases and birth defects, in order to

highlight the volume of hereditary diseases and birth defects in the Kingdom and

dealing with them early. It is noteworthy that the Center cooperated with the Ministry of

Health (National Program for Combating AIDS) with the support of the International

Fund for Combating AIDS, by convening three training courses in 2008 that included

representatives of government bodies and CSOs on ―introducing and reviewing national

legislature on individuals with HIV (AIDS).

Table 16: Health insurance coverage (%)

Insuring Body Population insured (%)

Civil Health Insurance 41%

Military Health Insurance 28%

University Health Insurance 1.5%

Private Health Insurance 6%

Insurance Companies 6%

Funds and Unions 3.5%

Total 86%

148. As for health insurance, this year saw an increase in the health insured from 79% in 2007 to

86%, 300 thousand Jordanian citizens were included in the civil health insurance within the

network of social security, and 6 new regions were added: north Shuna, Burma, Zay,

Qatraneh, Hasa, and Eil, regions classified as poverty pockets into the free civil health

insurance umbrella151

. Table 16 shows the percentage of the population‘s health insurance

coverage according to the insuring body in 2008. The Ministry of Health also renewed the

health insurance agreement with 44 hospitals in the private sector this year, according to

which state employees covered by civil health insurance can receive treatment in these

149

National Health strategy for 2008 – 2012. 150

Based on the information of the Ministry of Health / Directorate of Monitoring Contageous Diseases. 151

Subscribers Directorate, Health Insurance Administration.

hospitals, according to the degree of the insured, provided the employee bears 20% of the

treatment costs and 80% are born by the health insurance fund152

.

149. As for the sale and trade of human organs, the Center is deeply concerned at the growing

phenomenon of human organ trade, confirmed by the study prepared by the ministries of

social development and health in cooperation with the competent security bodies during

2008. It revealed 127 cases of kidney sale, all outside the Kingdom, in Egypt, Pakistan and

Iraq. It also showed that 90% of the youth sold their kidneys outside the Kingdom, half of

them are married and living difficult social circumstances and suffer extreme poverty153

.

The study indicated that 77% of those who sold their kidneys did not suffer health relapses

or complications after the surgery, while 23% of them suffered complications including

blood poisoning and dangerous infections that led to the death of some as a result of the

transfer of the kidney in unsafe manners. The Center believes that the success of the

security agencies in detaining 81 individuals who trade human organs (sell kidneys) and

referring them to the judiciary in 2008 indicates the urgent need for addressing this

phenomenon and finding solutions for the reasons of its spread.

150. As for food and its security, 2008 saw the closure of several food institutions and plants,

and warnings and notices for them by the Food and Drug Administration154

, as a result of

seizing large quantities of expired food items, in addition to the non-compliance of these

institutions and plants with the public health and safety terms. Health monitors conducted

approximately 275 thousand visits in 2008 that resulted in several warnings, notices and

closures 27,167 cases155

, which indicates that the status of food and its security in Jordan

requires extreme care.

151. As for medication, the Center values the Food and Drug Association‘s reduction of the

prices of 1600 types of medication imported from Europe in 2008, by percentages ranging

from 10% to 34%156

. The Food and Drug Administration is also currently working on

reducing the prices of generic medication based on the original medication price157

s which

were reduced based on the price of the country of origin. The Center also noted the closure

of 140 pharmacies by the Food and Drug Administration in 2008 out of 1700 pharmacies

practicing in the Kingdom, including 15 pharmacies found in possession of forged

medication158

and 125 pharmacies found in possession of smuggled medication, in addition

to the closure of 4 medication warehouses due to the illegal import of medication, i.e. the

medication was not tested and its validity was not verified by the competent authorities. It is

worth noting that the Food and Drug Administration closed 56 pharmacies in 2007159

. The

Center also noted the absence of the phenomenon of the use of herbs by some doctors or

152

Subscribers Directorate, Health Insurance Administration 153

The study showed that 55% of those who sold their kidneys are male, belong to the age group of less than 31, and

that the majority of the youth, 79%, who sold their kidneys live in the Baqa Camp, and that 57% of them working in

trades. 154

Article 2 of the provisional Food Monitoring Law No. 79 of 2001 defined food as ―any substance or product

whether manufcatured, semi manufactured ot non-manufactured, the purpose of which or the expected purpose of

which is human consumption, and it includes drinks and gum, and any substance used in manufacturing food, its

preparation or its treatment, including water, etc.) 155

Food and Drug Administration. 156

The reductions included antibiotics and chronic disease medication like heart disease, hypertension, diabetes and

cholesterol, in addition to cancer medications. Food and Drug Administration. 157

Generic medication: medication that the is the same or similar in their composition to the original drug‘s

composition, original medication: the medication discovered and manufactured for the first time in the world. 158

Forged medication: medication not manufactured in medication plants and sold for prices less than those permitted,

and different in the form of packing and color, and not concentrated or within the specifications. 159

Food and Drud Administration.

alleged doctors including herbalists and conmen who take advantage of patients outside of

correct scientific methods and charge large amounts of money in return, on the pretext of

the ability to health diseases proven incurable by modern medicine except through the use

of medical compounds.

152. To protect the right to health, the Center reaffirms its recommendations in its earlier reports

with regard to health, and stresses the following:

A) Create a national strategy to improve psychological health services, amend the valid

laws and policies, create an independent commission to protect psychological patients

and prevent their abuse and include them in health insurance.

B) Seek to increase the percentages of those included in health insurance, in its various

kinds.

C) Take deterrent legal action against doctors or alleged doctors who take advantage of

patients using herbs, far from correct scientific methods, and charge large mounts in

return.

D) Create effective mechanisms of inspection and monitoring by the Ministry of Health and

the Food and Drug Administration, to guarantee all food institutions and plants and

restaurants all over the Kingdom meet all public health and safety conditions.

Right to a Safe Environment 153. Environmental issues have been the focus of many world countries in the last two decades,

as a result of the environmental deterioration in its various forms resulting from the increase

in the population and the advanced technologies that contributed to expanding the

destructive effects to the environment, such as water and air pollution, deforestation and soil

erosion. It is noted that the constitution did not address this right directly, but the

international agreements ratified by Jordan guarantee it. The Jordanian Environment

Protection Law No. 52 of 2006 confirmed this right and gave environmental issues priority

in treatment. The Center found from monitoring the environmental indications of 2008

several positive developments in this era, with an increase in the negative points, especially

the decrease in forest areas, an increase in their overuse and a lack of follow-up in planting

them, water and air pollution, the prevalence of flies and mosquitoes in a manner that

threatens tourism to the Jordan Valley region, the lack of efficiency of waste water stations

that increased the rates of pollution in dams and water areas and the spread of bad smells,

which threatens agriculture on the river banks, flood areas and valleys.

Table 17: Number of closures, by type of establishment

Type of Establishment No of Closures

Trade

Agricultural

Industrial

Service

154. In the area of institutional and legislative regulation, the government approved instructions

to grant pre-approval for licensing or renewing the licenses of environment associations of

2008160

. It drafted the Environment Fund Regulations and the Environmental Inspection and

Monitoring Regulations. The Ministry of Environment provided environmental information,

especially environmental conventions on the right to an safe environment to the public on

the Ministry‘s website161

. The staff of the Royal Administration for Environment Protection

(previously known as the environment police) were increased from 400 policemen to 497

policemen, 5 new divisions were created as were four new squads, in order to enhance the

capacities of the Ministry of Environment in dealing with the various environmental

violations. The Ministry of Environment and the Royal Administration for Environment

Protection also recently adopted a program to reveal by air the hot environmental spots, to

monitor the establishments and plants that cause environmental pollution, and report the

environmental violations should they occur.

155. In the area of enhancing monitoring and inspection, 2008 saw the writing of 17.643

environment tickets. The Ministry also shut down 85 establishments in 2008. The central

licensing committee granted 640 licenses and rejected 234 requests for licensing industrial,

agricultural and trade projects out of 874 requests, for violating the environmental

conditions for licensing investment projects.

156. In the area of air pollution, an agreement was reached with the World Bank to execute

projects and programs in the Kingdom in the area of central cooling at a cost of one million

dollars as a grant from Montreal Fund. The Center values the government‘s commitment to

halting the use of materials harmful to the ozone layer completely by the end of 2009, after

it stopped the use of 97% of materials harmful to the ozone layer. The Standards and

Metrology Institute adopted a decision to amend the Jordanian metrological standards in the

environmental area and obligated vehicles to use catalytic converters to reduce car exhaust

emissions as of the beginning of 2007. The Center indicates that this decision was not

enacted in 2008 for large transport vehicles and was enacted on a voluntary basis for small

transport vehicles. The Ministry of Environment also drafted a draft law to monitor the

quality of air in Jordan. 12 stations were installed and operated, and the project includes

three main phases: monitoring the quality of air in the main cities, vehicle exhaust

emissions, and large plant emissions. The Ministry of Environment also started

implementation of an environment settlement plan with the administration of the Cement

Factories Company according to a timetable, to obligate the company to apply all required

160

Issued pursuant to article 4 of the Environment Protection Law No. 52 of 2006. 161

www.moenv.gov.jo

measures to improve the environmental reality in the city of Fuheis, however, it failed to

follow it up, as citizens still complain of pollution, especially at night162

. Bag filters were

also installed to eliminate dust emissions instead of the electric filters used by the Cement

Factories Company in Rashadiya according to an environment settlement plan with the

Ministry of Environment. Finally, the Balqa Applied Sciences University started the process

of measuring cement dust in the areas of Fuheis and Rashadiya through 5 monitoring

stations in Fuheis and 3 stations in Rashadiya.

157. In the sector of water and sewage, the Ministry of Water and Irrigation failed to achieve

comprehensive management of the water sector and overcome water resource problems, so

that waste water plants and the failure of the sewage system infrastructure became a source

of pollution for rivers and dams. They are also a danger to agriculture. The Center also

noted the lack of coordination between the ministries of environment, water and irrigation,

agriculture and industry in combating water pollution and modernizing waste water plants

that have come to threaten the agricultural sector. The emissions of bad smells from the

waste water plant in Jarash has also come to negatively affect tourism in the Roman city.

158. As for solid and hazardous waste and its management, the Ministry of Municipal Affairs

(MoMA) prepared in cooperation with the Deir Alla dumpsite unified specifications to

separate solid waste, and prepared instructions to regulate the transfer, storage, manufacture

and use of organic fertilizer and its trade for 2003, in order to eliminate the problem of flies

in the Jordan Valley area. The Center values the response of the competent bodies in

implementing this initiative in response to the recommendations in the 2007 report, to

combat this chronic problem, which negatively affects the quality of life of the citizens and

the tourism opportunities in the Jordan Valley. The Center notes the failure of the Ministry

of Environment in achieving any progress in eliminating flies and mosquitoes in the Jordan

Valley, the numbers have increased as did the dangers, which threatens the development of

the Valley and its quality of life, and specifically tourism in the Dead Sea. The Center notes

that the Ministry of Environment created a policy at the national level to manage electric

and electronic waste, and sees a need for developing a system to manage electronic waste

and expired cell phones, in cooperation with the various communication companies and

computer companies. The Ministry also executed the project of sorting household waste at

the source (partnership project with the private sector in managing solid waste) in Greater

Amman, which is a positive development in the dealing of official bodies with some

environmental problems.

159. The Center is concerned with the escalating severity of attacks on the forests for purposes of

illegally trading wood in 2008. The Royal Environmental Protection Administration issued

256 environmental citations in this regard.

160. As for pesticides, the figures of the Ministry of Agriculture indicate that Jordan imports

annually approximately 100 thousand tons of various pesticides, in addition to its location

production, which requires monitoring the various uses of these pesticides to protect the

citizen and the environment alike. The results of the studies over the past eight years

indicate a drop in the percentage of samples in which permissible pesticide residue was

found, according to the Jordanian metrology and international metrology adopted for this

purpose. As the Ministry of Agriculture, through a center for analyzing pesticides, takes

random samples of important and local agricultural products to examine them and

162162

The settlement plan that included changing the filter suystems for the plant‘s chimneys and cretaing raw material

warehouses was encated to reduce dust emissions in addition to planting a belt of trees on the perimeter of the plan, and

other measures that prevent dust emissions from the mining areas.

determine the level of pesticide residue in them, the Center sees a need to grant them the

authority of taking any measure on the samples in which the level of pesticide residue is

higher than that which is permitted, according to the metrology.

161. As for chemical fertilizers, the figures of the Ministry of Agriculture indicate that Jordan

annually imports about 50 thousand tons of various chemical fertilizers, in addition to

ammonium phosphate and potassium chloride and some compound fertilizers that are

locally produced. These fertilizers are easy to use and dissolve quickly in the irrigation

water, which leads to the pollution of water paths and floods, specifically in terms of

eutrification and the growth of moss, thus becoming not potable and not fit for human

consumption. The Center sees a need for the National Center for Agriculture Research and

Guidance to intensify awareness and guidance campaigns to farmers on the dangers of

adding chemical fertilizers in quantities that are larger than the actual needs of the plants,

creating a guide list specifying the actual needs of the agricultural products in terms of

chemical fertilizers, as well as the time for adding them, and offering services of soil and

plant analysis to farmers for nominal fees to specify the actual needs of plants for fertilizers.

The Center reaffirms the Ministry of Water and Irrigation should examine random samples

from ground water wells and surface water to determine the extent of their pollution with

chemical fertilizers, especially in irrigated agriculture areas.

162. As for natural fertilizers, the Ministry of Agriculture figures indicate that the annual

production from various animal farms is about 1.07 million square meters of manure, and

the use of this unprocessed waste in the Jordan Valley, especially in the planting of the

October cycle crops, escalates the spread of house flies in large numbers, which leads the

municipalities and the Ministry of Agriculture to conduct pesticide campaigns at a high

cost. This affects the public health and safety. In this regard, the Center commends the

establishment of a plant to treat manure in Deir Alla, in order to reduce this problem.

163. With regard to agricultural plastic, Ministry of Agriculture figures indicate that Jordan has

approximately 30 thousand plastic houses in addition to the black plastic needs of these

houses. The effect of this plastic substance lies in the fact that it cannot be appropriately

destroyed163

, and thus it affects the agricultural productivity and it closes irrigation channels

and pipes if it gets to them. It also leads to the death of crops if they graze in these areas,

which causes an economic loss.

164. As for olive pressing plants, the Ministry of Agriculture records indicate 93 modern pressing

plants and 10 old pressing plants distributed all over the Kingdom. The lines of production

total 182 in them. These plants produce large qualities of waste water estimated at 160 –

180 thousand square meters annually. This water contains phenol, and the improper

treatment of this cases spring water pollution and the pollution of agricultural soil, rendering

it not fit for planting164

, if it is not dumped in the pools created for this purpose at the

dumpsites created especially for this purpose. These mills also produce ―jift‖ (byproduct of

olive pressing) in quantities estimated at 80 – 100 thousand tons annually. The Center notes

that this substance no longer constitutes a burden to the environment, because it used for

heating after it is dried and formed into molds. It has also come to generate additional

income for pressing mill owners.

163

Many farmers resort to burning it and emitting gases that is harmful to health, or tilling it with the land which

hinders the growth of plant roots and pollutes the soil 164

Waste water is processed by pouring it into valleys beside the pressing mills, or owners of water tanks pour them

into nearby valleys or empty them into agricutlural lands.

165. As for animal farms, the Ministry of Agriculture figures from the last agricultural survey

conducted in 2008 indicate the presence of 3.5 million sheep and goats and 86 thousand

cows, in addition to the widespread chicken farms (egg farms, meat farms and mother

farms). The Center refers to the negative impact of these farms which appears when they do

not comply with the special environmental and health conditions created by the ministries

of agricultural and environment, especially when not dealing properly with the manure

produced by the farms and the waste water from the cow farms. This affects the public

health and safety of the nearby residents, as a result of the bad smells and the multiplication

of bugs and mosquitoes, in addition to affecting the quality of milk and products of these

farms in general

166. In the area of trade and industrial cities, the Center noted the great spread of trade industries

in all municipalities165

, especially after the municipality mergers and the expansion of their

borders on one hand and the expansion of the borders of the formation after the construction

spurt in Jordan recently on the other. This led to the increase of citizen complaints –

recently – on the presence of these industries around their homes and close to them in a

manner that disrupts and bothers them. It noted that most of these industrial cities have

become inside the environment of housing cities166

, which leads to the pollution of the

environment in general and the nearby citizens in particular, especially since most of these

cities lack infrastructure services, are haphazard in their construction and their buildings

distort the general view of the cities.

167. The presence of stone crushing plants and stone quarries near residential areas and

agricultural lands negatively affects the health of citizens, and their homes and farms,

because of the explosions of the stone crushing plants and the resulting soil and dust. Most

stone crushing plant owners leave the work site after finishing work in a manner that

distorts the general view and affects public safety.

168. In spite of all this, the Center recommends applying a host of measures that ensure the

protection of the right to an safe environment, namely:

A) Expedite the approval of the draft Environment Protection Fund and the draft

Environment Inspection and Monitoring regulations as they are a positive basis for

addressing some environmental issues.

B) Draft regulations for managing electronic waste in cooperation with various

communication and computer companies.

C) Continue to conduct the study by the Ministry of Environment to provide an index on

the extent of the Jordanian environment‘s pollution with pesticide residues.

D) Monitor the level of pesticide residues periodically by the Food and Drug

Administration, especially in imported milk and children‘s food items.

E) Develop and modernize waste water plants in a manner that responds to the population

increase in the cities and villages, especially those that are dumped into the Zarqa

stream which feeds King Talal dam with polluted water.

F) Create a timeline for eliminating flies and mosquitoes in the Jordan Valley and other

areas in the Kingdom by addressing warming, swamps and manure.

G) Adopt a national program by the Ministry of Environment to encourage paper bag

production plants for use in shopping to gradually become a replacement for plastic

165

Such as: cement block plants, tile and marble plants, stone crushing plants, etc. 166

Meaning the service activities such as mechanical repair car shops, car painting shops, blacksmitworkshops,

aluminum workshops and others.

bags, and offer the necessary facilities for establishing plants, especially by recycling

the plastic used in agriculture and exempting them from taxes.

H) Establish treatment plants for water produced by the olive oil presses in the north, center

and south of the Kingdom, and obligating the owners of these presses to treat the by-

product water in them, to eliminate environmental pollution resulting from this water as

well as reuse this water in agriculture.

Right to a Decent Standard of Living

169. The right to a decent standard of living is considered the essence of the other economic,

social and cultural rights167

, as it is not restricted to providing the essential elements for

human survival, it also linked to its independence and freedom from being followers for

others168

. It is closely related to the right to work, and the right to social security. The right

to sufficient food, appropriate as a component of an appropriate standard of living, it closely

linked to human dignity. The economic, social and cultural right committee specified in

1999 in its general comment No. 12 the main component of the right to sufficient food169

,

which necessitates following appropriate economic and social policies to eliminate the

problems of poverty, unemployment and high cost of living.

Table 18: Poverty rates in the Kingdom’s Governorates, 2006

Governorate Poverty rate for 2006

Amman 9.4

Madaba 10

Irbid 12.1

Maan 12.7

Mafraq

Zarqa 14.9

Balqa 15.3

Aqaba 15.4

Jarash 16.7

Ajloun 17.7

Tafileh 19.1

Karak 21.7

170. As for poverty, the Center believes poverty is a natural byproduct of the spread of

unemployment, the high rates of economic assistance, rising prices, low wages and low

levels of education. The percentage of the population who income was lower than 556 JD

annually, which is the poverty line, decreased to 13% in 2006 compared with 14.2% in

2002170

. The Table No. (18) shows the poverty rates in the Kingdom‘s governorates171

. The

167

The Universal Declaration for Human Rights recognized the decent standard of livingin Article 15/1, which

stipulates ―Everyone has the right to a standard of living adequate for the health and well-being of himself and of his

family, including food, clothing, housing and medical care and necessary social services, and the right to security in the

event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond

his control‖. Article 11 of the International Covenant on Economic and Social Rights reaffirmed this right, and the said

article linked in its second paragraph this right with freedom from hunger. 168

The appropriate standrad of living refers to the quality and quantities of goods and services available to the

individuals and the method of distribution of these goods and services among them, and it is general measured by a

group of criteria such as: wages, real povery rate for the individual, quality of health care, education and social welfacre

and their accessability. Studies also add to the earlier cirteria intangible criteria in the measreuement of the quality of

life, such as: comfort, security, cultural resources, social life, mental health, political and social stability, and mnay

other indicators. 169

For more details, see: General Comment No. 12 on ―The Right to Sufficient Food‖, by the Economic, Social and

Cultural Rights Committee, 20th

Session, 1999. 170

Economic performance in 2007, Ministry of Planning and International Cooperation, from the link:

www.mop.gov.jo/uploads/economic_A_new1.pdf

Center points out that the government specified 20 locations as poverty pockets in the

Kingdom, where poverty exceeds 34% of its total population172

. It indicated that 71% of the

poor in these areas fall near the absolute poverty line, compared with 29% suffering from

chronic poverty173

. The Center considers that the decreased wages are linked to increased

poverty rates, followed by the spread of hunger and denial, especially in light of the high

rates of economic assistance totaled 68.2%174

, and the high prices of goods and services.

Wages are not sufficient to meet the multiple human rights and places them in the circle of

permanent want. Many of these families add to their cash income through several

mechanisms to adapt to the difficult living conditions, such as: receiving aid from relatives

and charity aid institutions, however, they do not leave the circle of want. The Statistics

Department indicates that the percentage of families receiving humanitarian assistance in

the form of financial aid totaled (5%). The National Aid Fund came in first in offering this

assistance with 4.1%, NGOs 0.3%, and aid offered by individuals 0.5%.

171. The Center considers that percentages as clear signs on the degree of want in society, and

calls on the government to enact strategies to combat poverty and save it from dispersed

solutions for this problem in light of the conflicting roles of the social MoSD aid funds, e.g.,

the National Aid Fund, the other loan funds175

and the CSOs, the fragile organizational

infrastructure of these institutions, the weak government funding for them, and their

inability to gain the trust of the local community in the poor areas. This makes the

consecutive governments and the CSOs partners in assuming the responsibility for failing to

improve the living standard of citizens. The Center also points to a host of obstacles facing

MoSD in addressing the poverty problem, namely: lack of financing for most strategic plan

programs, competition among agencies working on micro financing, difficulty in marketing

products of productive projects, lack of sustainability of fixed assets for the majority of

projects as their owners can dispense with them. The Center demands the government

assesses the work of these institutions, their programs and their styles of management

periodically, to improve their roles, especially the National Aid Fund responsible for

adopting transparent and clear criteria in this regard, especially with the increase in the poor

in light of the great increase in oil prices176

. It believes the Fund is incapable of

implementing its policies in light of its limited financial resources that totaled 72 million

dinars in 2008, an increase of 14 million compared with 2007177

. The Center notes that the

financial aid offered by the National Aid Fund does not contribute to achieving social

security for the poverty, as increasing the aid offered to individuals from JD 33 to JD 36

171

Based on an interview by the research team with the poverty official at the Department of Statistics dated

30/12/2008. These percentages represent the more recent numbers by the Department of Statistics on poverty. 172

The government identified 13 regions from the twenty regions with a poverty rate in excess of 73% of the

population: Ruweished, Wadi Araba, Dleil, Sleihiya, Husseiniya, Jafir, Beirein, Mreigha, Azraq, Weira, Deir Al Kahf,

Um Al Jmal and Ghour Al Safi. See: Poverty Assessment Study of 2004, prepared by the World Bank in cooperation

with the Ministry of Planning and International Cooperation, the Minsitry of Social Development and the Statistics

Bureau, 2004, and there were no official published studies after that. 173

The Poverty Assessment Study in Jordan of 2004 was conducted by a team of local experts in cooperation with

international experts from the World Bank to be the first of its kind in Jordan in terms of the scientific methodology

followed in the calaculation of poveryt lines and its other indicators. For more details see the link: www.surf-

as.org/FocusAreas/PR/CoP/PResentations/Poverty%20in%20Jordan_Arabic.ppt 174

Jordan in Figures Brochure for 2006, page 1, Statustics Bureau. 175

For example, the Zakat Fund offers monthly aid to families and orphans to improve their living conditions. The

number of beneficiaries totals 1,579 families in addition to over one thousand orphans in various governorates of the

Kingdom. See the link: www.zakatfund.org/policy_zakat.html 176

The oil prices saw a marked decrease in the final quarter of 2008 as a result of the international financial crises, but

this did not reflect on the prices of goods and services locally. 177177

The benefitting families increased from 65,658 to approximately 73 thousand families. Reported from the link

www.naf.gov.jo/admin/UploadImage/publication/f17.pdf

following the liberation of oil prices is considered a very small amount that does not meet

the basic needs in light of the cost of living178

.

172. The Center also indicates that the consecutive government sought, in the past years, to

increase the tax burden on the citizens, to positively amend the local revenues in the budget

to cover the deficit, especially with regard to the percentage of the general tax on sales

imposed on consumption items. It therefore calls on the government to refrain from

increasing the tax burden on the citizens in light of its negative effect on the living of

citizens, and reply on alternative measures that guarantee the control of public expenditure

and reform the tax system. In this regard the Center reaffirms the need to cancel the fees on

the ―property check‖ paperwork paid by the National Aid Fund beneficiaries, totaling 6 JD

and 100 fils when visiting the Land and Area Department to prove they do not own property

as a condition for obtaining national aid. It considers the various fees179

imposed on those

wanting to benefit from the Fund prompt some to not seek that aid, especially families

consisting of four or more members which need 30 JD to check property.

173. The Center noted the increase in the phenomenon of begging and its multiple forms and

methods180

. It indicates that in spite of several legal provisions prohibiting begging and the

imposition of penalties on those who practice it, the problem lies in the lack of actual

enactment of these legal provisions181

. The Center notes the opening of a Center for

Beggars in Madaba on 30/11/2008, which fits approximately 250182

. It also commends the

national MoSd-GAM campaign to eliminate begging from the summer of 2007 to the

summer of 2008. Its most prominent positive results were: 1) raise the awareness of the

citizens on the danger of this phenomenon through notifying the competent authorities of

the beggars and homeless b) effective cooperation by the various media outlets to combat

this phenomenon through advertisement, broadcasting series, distributing posters, and

others c) Intensify MoSD efforts by filling out a form by the family of the begging child

with important data for the Ministry‘s database to indicate repeat cases, the economic

income and social stats d) the Ministry‘s attraction of approximately 400 cases, 89 cases

needing protection and care were admitted to locations allocated and prepared by the

Ministry, such as: senior citizen homes and handicapped centers. Strict measures were also

taken for 311 cases, such as imposing high financial bonds and referral to administrative

rulers e) Providing 200 job opportunities to several beggars who took begging as a

profession, in other professions such as working in the gardens and as cleaners f) limit the

begging gangs that take advantage of children, whose members were found to be

individuals with priors, and they were detained g) decrease in the percentage of recurrence

178

Statistics indicate that the National Aid Fund serves approximately 37% of the total poor only, i.e. a rate of 74

thousand families , with a financial allocation of approximately 64 thousand dinars. Interview conducted by the

research team with the National Aid Fund on 16/6/2008. 179

Such as: fees for requests of records, sale and mortage paperwork, detecting records paperwork, producing

registration records, and paperwork for the National Aid Fund to investigate the property of those applying for repeat

cash assistance. The reason for the increase in the property check fees were pursuant to Article 15 of the HCPD Law in

order to support the HCPD Fund. 180

Direct begging by pleading with others and indirect begging such as seeling goods to make money. 181

The number of beggars caught in 2008 was 1,684 while those caught in 2007 were 1,567 as a result of the

intensification of efforts and the seriousness in fighting begging by the competent authorities. Article 389 of the Penal

Law and its amendments No. 16 of 1960 defined the beggar as: ―Everyone pleading or asking for handouts from the

people using as an excuse his injuries, handicap or any other method, whether he is moving or sitting in a public place,

or found to be leading a child under sixteen years of age to beg and collect chairty, or encouraging a child to do so‖. 182

The new center receives beggars from both sexes referred by the judiciary and administrative rulers, in addition to

underage begging firls. A social study is prepared for the beggar as soon as he is admitted to the center to ascertain his

economic and social status. They are subjected to training courses and awareness, training and educational programs,

and those who are able to work are trained on various skills.

among begging children to 20% in 2008, while the percentage in 2007 was 38%. The

Juvenile courts also dealt with 450 cases, and 14 were referred to protection and care

centers.

174. As for unemployment, its rate during the last quarter of 2008 was 12% compared with

13.1% in 2007. It specifically affected university graduates, with the number of the

unemployed with BA degrees reaching 15.5%183

. The Center also notes that Jordanian labor

faces many challenges in the job market, namely the intensive competition by migrant

workers who have increased significantly in the past few years. It calls on the government

to find a balanced equation to resolve this problem. It is not sufficient to talk about the

turning away of Jordanian workers from working in some vocational sectors, the reasons for

this phenomenon must be sought out and address. In this regard, the Center values the

Royal initiative to increase the numbers of those admitted to the National Employment and

Training Company by 10 thousand additional users, with the total reaching 15 thousand

users, to eliminate unemployment rates among the youth in the Kingdom‘s governorates184

.

The Center calls for expansion in this direction and establishing advanced industrial

academies that contribute to addressing the unemployment problem, provided these

academies are established in cooperation with the private sector and with its contribution to

management and financing, to provide skills workers for national industries, with a focus on

the need to attract female Jordanian workers to the job market, as the percentage of female

participation in work is less than 12% according to the Statistics Bureau figures of 2006185

.

175. As for the rising cost of living, the Center noted that 2008 saw consecutive increases in the

prices of food products186

by 18.77% compared with 2007. The phenomenon of the

increases in goods and services is the result of several reasons187

that contributed to the

rising of the index for the consumer prices188

for all good items in 2008 (139.9) compared

with 115.51 in 2006 and 121.74 in 2007189

.

183

Annual Report of the Worker and Unemployment Survey for 2007 issued by the Statistics Bureau, on the link 184

His Majesty the King launched the program of the National Employment and Training Company in May 2007. It

aims to train youth on the professions that the market lacks, such as tiling, stone building, cement block building,

painting, carpentry, electricity, air conditioning, and heating, which are professions that are in high demand with the

increase in construction. The Company started it work in an alliance with the Armed Forces, the MoL and the

contracting sector, and provided trainees with a monthly salary, health insurance, social security, housing, food and

clothing, priviledges that promoted large numbers of Jordanian youth to join the trianing program to gain a work

opportunity needed in the makret. What remains is the commitment of the partners, which are the companies that

recruit the graduates. For more details see: www.pm.gov.jo/araboc/index.php?page_type=news&part=1&id=3765 185

Worker and Unemployment Survey 2006, Annual Report by the Statistics Bureau, February 2007. 186

Statistics of the Department of Statistics in an interview with the Chair of the Prices Division, 27/1/2009. 187

The main reasons for the rise in good and service prices in the first ninth months of 2008: rising international prices

for most food products and rising oil prices internationally with the lifting of financnial subsidization allocared from

the budget, which lead to the rise in prices of all products, goods and services, the high cost of product cost as a result

of the increase in imposed fees and taxes, and the alliance among the merchants benefitting from the rising prices, who

pushed quickly in this direction as a result of the weak government role in monitoring and control market prices and

their development. 188

The index for consumer prices is meant to detect changes to the general level of consumer and service prices in the a

specific period of times, and this figure is a relative figure that shows the relationship between two figures, one of

which is the base and the other is for comparison. The index for food goods saw an increase of 26.14% in 2006, which

was 121.24 in 2006 and 132.5 in 2007, while it was 157,38 in 2008. As for the prices of clothing and shoes, the index

in 2006 was 96.62, in 2007 it was 99.84 and in 2008 it was 110.29. As for housing, the figure was 111.58 in 2006,

113.8 in 2007 and 129.67 in 2008. The prices of other goods and services (transport, communications, education,

medical care, culture, entertainment had an index of 114.41 in 2006, 117,39 in 2007 and rose to 130,24 in 2008. For

more details see: Index for consumption prices statistics, Statistics Bureau, from the link

www.dos.gov.jo/sdb_ec/sdb_ec_a/index.htm 189

For food tiems it was 649.5 JDm for clothings and shoes it was 71.36 JD, for housing and its facilities it was 453.85,

for transport, communciations, education, ehalth care and culture and entertainment services it was 537.89 JD. The

176. On the governmental procedures to combat high cost of living, and in spite of the

government‘s raising of salaries and wages in early 2008, it did not lead to a tangible

improvement in the standard of living, because these increases were accompanied by

consecutive increases in oil prices190

, which led to increasing burdens for the citizens in this

changing economic reality. Although the international prices of oil and food decreased since

the last quarter of 2008 as a result of the international financial crises, no decrease was

senses in the lives of citizens, because the merchants refused to reduce the prices of goods

and services on the pretext of buying them at high international process, contrary to what

they were doing when the prices were rising. This means that initiatives from the private

sector on prices cannot be waited for. The government must interfere with the force of the

law to protect the society and guarantee the provision of goods and services at fair prices for

all reflecting the decrease in international oil prices.

177. The Center notes a host of government procedures taken to eliminate price increases in 2008,

in order to protect the right to a decent standard of living for a large group of society,

namely191

: a) grant financial increases to the salaries of the civil and military employees and

retirees in the public sector and offering indirect support to the other groups of the private

sector192

. b) implementation of the social security network that included several measures

aimed at alleviating the severity of rising prices: allocating 301 million JD in the budget for

the social security network, then adding another 200 million; exempting a group of basic

food items from sales tax and customs; reducing them for another group in percentages

ranging between 5 and 22%193

; prohibiting the exports of goods whose prices are rising

significantly to meet the needs of the local market194

; delaying the full liberation of the

total annual spending for the individual was 1712.6, thus the family consisting of five individuals spends a total of 8564

JD per year. According to the state budget of 2008, the total salaries, wages and compensation for workers in the public

sector are 661.1 million JD, distributed among 174,158 employees and contractors, which means that the average rate

for the individual is 316.3 JD montjly. This explains clearly the gap between the cost of leaving and the salaries that

constitute about 4779.6 JD. Referenece must be made that the varge income for private sector workers in sJD 234

monthly, and the percentage of workers with wages less than 244 monthly is 73% out of 376,784 workers in various

economic sectors. 190

The government increases prices of oil derivates on 8/2/2008 in varying percentages. The prices of unleaded petrol

rose by 4%, gasoline and diesel by 76% and electricity fuel by 11%. The government considered the measures of the

soecial security network that will accompany the lifting of subsidiaries for the goods and the resulting liveration of

prices sufficient to protect the poor and those with limited income from the rising prices. 191

The government procedures were obtained from the prime ministry and the relevant ministries such as MoF, MoIT,

MoSD, the Civil Consumer Institute, and other relevant institutions and departments. For more details please visit the

link: www.pm.gov.jo/arabic/index.php?page_type=news&part=1&id=4032. 192

The government gave employees and retirees an increase of JD 50 to those receiving less than 300, and 45 to those

with salaries higher than that. It also granted the individual in the fmaily with an annual income less than 400 JD cash

support totaling 25 JD, provided the value of compensation to the family does not exceed 150JD. 15 JD cash support

was offered to every individual with 400 to 800 JD income annually, provided the value of compensation for the family

does not exceed 90 JD. JD 10 cash support was offered to every individual with a family income of 801-1000 JD

annually, provided the value of compensation for the family in this group does not exceed 60 JD. It urged the private

sector to increase the salaries of its workers. However, the majority of the private sector to did comply with this

increase as the government does not have administrative authority over it to increase the salaries of the employees.

Therefore, there is a large group of workers in the pirvate sector, totalling 600 thousand individuals, who are still under

the mercy of their employers. 193

The Civil Consumers Institution decided to reduce the profit margin for 27 basic food items and to buy 10 thousand

tons of sugar and seeling it at a profit margin of 34 fils per kilo, in addition to an earlier stock of 11 thousand tons. The

prices of vegetable oil were also reduced by 1.8% and new markets were opened this year, to come to 22 civil and

military markets. 194

The most notable example is the extention of the ban on exporting eggs for three additional month. However, the

Center noted that the MInsitry of Agriculture opened the door for exporting sheep to Saudi Arabia in spite of the higher

prices of red meat in the local markets, after Saudi Arabia liften the ban in importing Jordanain sheep which lasted

prices of gas which cost the budget 8.5 million JD a month; postponing the liberation of

feed prices which cost the budget 148 million JD; refraining from raising the prices of bread

in spite of the rising cost of wheat around the world and the increase in the cost of

government subsidies to 242 million JD; avoiding increasing electricity prices for the poor

groups who consume less than 160 kilowatts a month; and exempting industrial production

raw materials from customs in order to maintain the competitiveness of the sector. c)

Implement a plan for expanding the establishment of parallel and popular markets to cover

all parts of the Kingdom , although the Center noted that the prices of goods in them are still

high compared with wholesale prices. d) Halt the privatization procedures of the Mills and

Grain Company in which wheat and barley are stored, and direct the company to create the

necessary plans to increase its current capacity and distribute its mills through the Kingdom,

to provide a strategic supply of wheat for one year instead of 6 months. The Center notes

that the previous government procedures aimed to provide a decent standard of living for

limited income citizens, but the results of the experience on the ground was limited with the

continued increases in the prices of goods and services, as it could not stop their decreasing

buying power. The Center noticed that the government lacked a specific strategy to deal

with the effects of the price liberation from a legislative and procedural point of view. This

was clear in the changes in the prices of goods and services at the end of every month, and

an ensuing chaos in the market. This was used by some greedy merchants. The citizen‘s

buying power was weak after the prices exceeded the value received by employees and

retirees.

178. In the area of the right to appropriate housing, the Economic, Social and Cultural Rights

Committee identified a group of considerations that expanded the interpretation of the right

to housing to guarantee for individuals living somewhere in security, peace and dignity195

.

In light of the increase in the growth rate that reached 2.2%196

, this right faces a real

challenge, which will increase the need for homes, and specifically apartments, especially

since the Jordanian society is a young society, with the youth constituting 57.5% of the

population, which means that the future need for building new homes is urgent.

179. To achieve decent housing with the essential components for living in dignity and security,

the Center sees a need for providing a host of guarantees and conditions for housing,

including the legal guarantee to continue occupying the residence without fear of eviction

by coercion197

. The Center notes that the Landlords and Tenants Law No. 30 of 2000

specified the midnight of 31/12/2010 for the end of approximately one million rent

about two years after the International Disease Office anounced Jordan free of the foot and mouth sidease. The prices

of local red meat rose by 10 to 20%, while the prices of chicken meat rose because large percentages of local

production were experted abroad which led to diminished quantities in the market. 195

The Economic, Social and Cultural Rights Committee identified a group of considerations that must be taken into

place for the housing to be appropriate. For more details, see: General Comment No. 4 on ―the Right to Appropriate

Housing‖, the Economic, Social and Cultural Rights Committee, sixth session, 1991. 196

Department of Statistics, from the link: www.dos.gov.jo/dos_home/ dos_home_a/main.index.htm 197

The Center found that the Marka District Authority evicted several buildings in the Mahatta region without giving

tenants sufficient time before demanding their evacuation. The tenants complained they were notified of these

procedures by the owners of the property but not sufficiently in advance, as the appropriation decision was issued in

November 2007 and published in the daily newspapers so that the owners can visit the Land Department and collect

their dues. Those properties were appropriated to implement the Amman Zarqa railway project, and asked the

merchants within 3 days of the date of notification to leave the rented property, or else the GAM mechniery would

remove their peoperty to warehouses by force.

contracts in the Kingdom198

. The owners will demand the tenants vacate the property or

sign new rent contracts according to the terms of the owners without legal guarantees that

protect the tenants, which threatens a sizeable number of tenants with homelessness or

subjection to the terms of the owners after the enactment of the new provisions199

. It is

noteworthy that the Landlords and Tenants law over the past decades took into

consideration social and humanitarian considerations with regard to the terms of the rent

contract200

. However, the new law reinstated the idea of negotiation, canceling what can be

considered sponsorship of the tenant, and giving the agreement between the parties to the

contract the first and last saw on the duration of the rent. This can be considered a dominant

economic dimension of the rent contract at the expense of any other consideration. In this

context, the Center values the directive by His Majesty King Abdullah II to the government

in the speech from the throne to start a national dialogue on the law that takes into

consideration the interests of all parties in the contractual equation, which gives hope that

the current law can be amended before its provisions on canceling the legal extension

become valid, thus increasing the possibilities of a legal, economic and social crises that can

be avoided to maintain legal stability and civil security, and take into consideration the

social aspects of the rent contract, without hindering the economic and investment growth

of Jordan.

180. The Center considers that the application of the Landlords and Tenants law will have negative

effects on the right to housing, especially as it set the end of 2010 for the end of the rent

contracts made before 2000. This will lead to the evacuation of many homes and signing

new contracts which will entail additional costs for citizens. This necessitates the

government should hurry to adopt and implement housing projects for limited income

individuals and the poor, especially the tenants among them.

181. Decent housing is linked to the availability of the necessary facilities for health, security,

comfort, water, energy, means of waste disposal and emergency services. To ascertain the

reality of services and basic structural facilities available to the people, the Center points out

that the percentage of families linked to the public electricity network was 99%, and the

percentage of homes linked to the sewage system was 57.3%. The water ration for

individuals totaled about 141.9 liters/day201

. However, the Center noted that the increase in

electricity rates in 2008 while maintaining the first group (first 160 units a month) of the

consumers in homes fixed and supported. The government also maintained the rate of water

pumping fixed without change202

. The Center values the Ministry of Energy and Mineral

198

This figures includes the rent contracts for all types of buildings (homes, commercial stores, offices and others). The

statistics of the Family Expenditure and Income Ruvey of 2006 indicate that the percentage of rented houses constitutes

23.7%. For more information see the Department of Statistics. 199

To see the law, see the link: www.arblaws.com/board/showthread.php?t=4350 200

It is no secret that this provision constitutes a violation of the general rules that necessitate the contract is the law of

the parties to the contract, and if the economic circumstances during which what was called the pirnciple of the legal

extenion of the rent contract was approved changed, the legal logix and the considerations of justice necessitate

reconsidering the exceptional principle that dictates the extention of the rent contract by the force of the law. This

perhaps prompted the legislator to reconsider the Landlords and Tenants law and the cancelling of the principle of the

legal extention of the rent contract, while giving ten years for the enactment of the new provisions in this regard, which

ends with the end of 2010. 201

Jordan in Figures, 2006, p 3, 22. 202

The Council of Ministers approved the decision of the Electricity Sector Regulation Commission Board of Directors

to amend the electricity rate for ordinary subscribers as follows: from 1 to 160 kilowatts / hour monthly by 32 fils for

every kilowatt / hour, from 161 to 300 kilowatts / hour by 71 fils for every kilowatt / hour, from 301 to 500 kilowatts /

hour by 85 fils per kilowatts / hour, and over 500 kilowatts / hour monthly by 113 mils per kilowatts / hour/ As for the

commercial subricbers, it was 86 fils per kilowatts / hour. See the Prime Ministry website on the link:

Resources‘ request for bids on an electricity generation through wind energy project, which

is hoped to reflect on reducing the costs borne by the citizens. The Center believes that the

shortage in sewage system services and its treatment leads to polluting surface and ground

water and health hazards that may cause the spread of cases of diarrhea and diseases among

children. The Center reaffirms guaranteeing the right of individuals to receiving a fair share

of water that needs the various needs and finding efficient ways of managing water

resources. The ability to bear the costs accompanying housing is considered one of the main

components of ensuring the right to housing. The high costs negatively affect meeting the

basic needs of individuals. The Center points out that the percentage of families living in

rented homes reached 22.1%, with an average rent of 50 – 99 JD, of these 49% were

tenants203

.

182. The Center received several complaints during the summer of 2008 on the suspension of

water to entire areas or neighborhoods for several days, especially in the governorates of

Zarqa, Jarash, Jarash and Irbid consecutively, and received several individual complaints on

not receiving water in elevated homes. The Center stresses the need for enabling all citizens

to assume the direct and indirect costs of water, its facilities and services, and considers that

the proposal to increase the water prices will cause the water bill value to double. It

recommends that the expected increases in water prices do not affect the smaller

consumption groups204

. It also recommends the Ministry of Water and Irrigation adopts an

escalating water rate, so that it accommodates the smaller income groups with an acceptable

beginning. It also stresses the need for saving water to make the program of distribution a

success in all regions of the Kingdom, and stresses the need for intensifying the media

awareness programs for citizens on the need to save water.

183. As for the service of collecting solid waste, the Center believes that the method of collecting

waste from homes and other sources and disposing of them constitutes a danger to the

health of citizens. Some municipal councils establish transformation stations to collect

waste in certain locations, and then they are moved to waste dumps using large trucks205

.

The Center noted the spread of moving salesmen who collect some of this waste from the

dumps and sell them to waste traders. This is a negative phenomenon that leads to the

scattering of waste in a chaotic manner and constitutes a health hazard to the population. In

this context, the Center calls for developing an effective system for managing solid waste in

www.addustour.com/ViewTopic.aspx?ac=%5CLocalAndgover%5C2008%5CLocalandGover_issue156_day13_id3366

3.htm 203

See statistics of Family Income and Expenditures of 2006, p 42, Department of Statistics 204

The government raised the water rates in mid August 2005 by an increase on the water bill as a whole and not on the

price of the cubic meter. The additional increase approved for the water bill in the fourth quarter of 2005 was based on

the Council of Ministers decision to ―cover a part of the costs assumed by the Authority in producing and distributing

water to the subscribers, in addition to covering the high cost of electric energy that recently took place in 2005‖. The

rate approved by the Council of Ministers and that came into effect on the first of October 2005 was as follows: 1.65

JD for groups whose use is less than 20 cubic meters during the cycle, 2.65 HD for those who consume between 21 and

40 cubic meters in the cucle, and 3.65 for those whose water use exceeds 41 cubic meters, and the same rate applies to

non residential subsriptions. The Council of Ministers had aprpoved an additional increase in 2003 with a miniumum

amount of 500 fils and a maximum of 1.500 JD for the overall bill. Interview conducted by the research team with the

spokesperson at the Ministry of Water and Irrigation dated 7/5/2008. See Petra news agency website at

www.petra.gov.jo/Article.aspx?Lng=2&Section=8&Article=20492, and Al Rai newspaper website at

www.alrai.com/pages.php?news_id=201189, dated 15/3/2008

205

Waste is collected from homes and other sources in two ways: sidewalks bins: citizens drop their waste in special

bins with different dimentions, and collection that is door to door by sanitation workers who collect waste from the

homes directly to larger bins or collection cars. For more details see: Jabir Daradkeh, Jordanian Experience in Solid

Waste Management, Public Institution for the Protection of the Envinroment, from the link:

publications.ksu.edi.sa/Conferences/Morocco%20Conference/11.doc

terms of collection, transfer and treatment, as Jordan currently has a clear policy on

classification, recycling and benefitting from waste. Criteria must be adopted for the

operation of dump sites, a larger role must be given to the private sector in managing solid

waste and benefitting from the experiences of the countries in this regard, legislative

enactments must be drafted to guarantee proper management of the waste while collecting,

moving, recycling and dumping, and studies must be conducting periodically to identify the

type and quantities of waste and methods of using and recycling it.

184. The rise of the steel and cement prices in 2008 led to the rise of home prices. The rate of

increase during 2006–2008 was 38.9%, which prevents those with limited income from

owning these homes, especially with the high cost of loans financed by the banks. In this

regard, the Center values the initiative by His Majesty King Abdullah II ―Decent Housing

for Decent Living‖ that aims to enhance social and economic security for people with

limited income who constitute a large group of citizens, about 58% of the population206

. The

Center stresses the need to execute the royal initiative on decent housing as soon as possible

according to the higher specifications that guarantee providing decent housing to citizens in

a proper civilized environment, and ensure that these housing areas take into consideration

the environmental and social factors so that their population is from all social and

professional levels. It stresses the importance of distributing the housing units to those who

actually deserve it according to clear criteria that guarantee justice in distribution and merit,

and providing health, comfort and public safety, in addition to a clean environment and

terms for sustainable development. The Center also values MoSD allocation of JD 2.5

million to build 12 homes in every governorate to housing poor families that receive cash

support from the National Aid Fund during 2008. It considers that the Ministry can adopt a

housing needs financing program for the most poor as it deals with this group and is capable

of coordinating with the local and international economic commission that provide long

term loans.

185. The appropriateness of housing for living requires all factors of health and psychological

safety, but the large size of families (an average of 6 individuals) led to crowding inside the

homes. The Center considers that crowing leads to improper healthy, social and

psychological housing conditions. It also refers to the air pollution that negatively effects

the appropriateness of housing207

. Housing is also considered appropriate if its inhabitants

can benefit from work options, health care services, hospitals, and schools, along with other

206206

The Royal initiative aims to build approximately 100 thousand homes in all areas of the Kingdom within a five

year plan. The Housing and Urban Development Institution is implementing the government plan set for creating

homes for people with limited income in two phases. Approximately 20 thousand and five hundred apartments will be

built in 2008, and 75 thousand apartments will be built in the second phase of the project, distributed among 3 housing

cities, with 75 thousand housing units, completely equipped with infrastructure services and green zones. 25 thousand

apartments will be distributed in all areas of the Kingdom within the next 5 years. The initiative adopted several

housing projects in all governorates of the Kingdom , in 23 sites. 1200 apartments in Princes Iman Neighborhood, 1000

apartments in Abu Alanda, Al Diyar/Mecca 500 apartments, Ahl Il Azim / Al Jiza city with 5000 apartments, Al

Mustanada area / the beltway 500 apartments. As for the Irbid governorate, 200 apartments will be built in Husin, 800

in Nuaimeh, in Zarqa, Jabal Tariq 530 apartments, old Zarqa 200 apartments, Custodian of the Two Mosques 5000

apartments. As for Kerak, 400 apartments will be built in Thunaya, in two phases, while 254 apartments will be built in

Al Eis areas and Im Al Salafieh in Tafileh governorate. In Jerash, 450 apartments will be built in Bayadir Ajrameh,

while approximately 222 apartments will be built in Al Wahdaneh area in Ajloun. In Balwa, 800 units will be built in

Al Huda region, in Madaba / Ab region 60 apartments and 656 apartments in Al Faiha area.

In Mafraq, 250 apartments will be built in Eidoun, in Maan 250 units will be built, in Shobak, 328 apartments, in Azaba

1500 units. See: Report King Abdullah II Launches National Housing Initiative, Prime Ministry, 27.2.2998, at: www.pm.gov.jo/arabic/index.php?page_type=news&part=1&id=4166

in addition to the interview conducted by the research team with the

Housing and Urban Development Institution on 11/6/2008. 207

Family survey statistics issued by the Department of Statistics.

necessary facilities, so that individuals can benefit from them without burdening them

physically and financially. The Center points out that the percentage of families living 1 km

from the nearest elementary school is 32%, 1 km from the nearest doctor‘s office 24%, 1

km from the nearest health center 33%, 1 km from the nearest hospital 0.06%, and 1 km

from the nearest mother and child center 30%208

.

186. To protect the right to food, the Center recommends the need to hold a national dialogue in

which the political, economic and social groups contribute to reach a balance national

formula in the area of wages and prices in the public and private sectors, to achieve a decent

standard of living for the citizens. It also recommends several specific measures, including:

A) Identify salaries and wages based on the cost of living.

B) Limit direct and indirect fees and taxes on goods and services.

C) Enact the Competitiveness Law that prohibits monopolization, and allows citizens and

CSOs to file cases against monopolized merchants.

D) Expedite the approval of the Consumer Protection Law by Parliament, as it will

constitute a quantum leap that will grant citizens much rights and privileges.

E) Encourage the civil and military institutions to continue their important role in providing

goods, especially basic goods, of good specifications and at competitive prices.

F) Enhance the social security network as an institutional system, so that the poor groups

can address the living burdens by providing health, social and housing care, social

welfare services through civil and military pensions and through social security for the

private sector workers, and appropriate work at an appropriate age, and insurance

against unemployment provided the citizen does not become a burden rather than a

producer.

G) Intensify official and non official national efforts to eliminate begging by increasing

awareness and education campaigns, and providing health care and psychological

consultation services at centers for beggars.

H) Adopt a national strategy to use energy based on the following: energy consumption

reduction through educating citizens on the importance of using public transport and the

various energy alternatives such as the electrical railway between the cities, and

expanding them gradually, gas and rock oil.

187. In the area of the right to appropriate housing, the Center recommends the following:

A) Facilitating the ownership of land and housing for citizens based on equality and

transparency, including women, youth and the poor, improve the poor neighborhoods

and alleviate the severity of poverty.

B) Reconsider the Landlords and Tenants Law on the basis of the right to housing is a

social issue primarily, which will lead to drafting a fair law that balances the rights of

landlords and tenants, and includes legal controls for cases of evacuation and rent

increase.

C) Review and update the national water strategy and propose policies, programs and

projects that are priorities according to accurate and studied work plans and clear

indications for measuring performance in order to improve the water sector in the

208

Interview with the Family and Social Surveys Department at the Department of Statistics dated 17/6/2008.

Kingdom, develop the water resources in the Kingdom and use them in the best possible

manner and adopt modern and advanced technologies to treat sewage water to reuse it in

agriculture and industry while seeking continuously to stop the overuse of ground water

and protecting it from pollution.

Rights of Vulnerable People

Women’s Rights

188. Article (6) of the Constitution entrenched the principle of equality between men and women

alike209

, but Article (23) discriminated positively for women when it stipulated including

special terms for the work of women and juveniles210

. Even though Jordan also has ratified

CEDAW,211

the Center notes the government maintains its reservation on Article (9-2) of

the Convention on granting women a right equal to men with regard to granting their

nationality to their children, as well as paragraphs c, d, and g of Article (16) on marriage

and family relations212

. It is worth noting that the Center and the National Committee for

Women‘s Affairs, in cooperation with the CSOs, submitted to Parliament in April 2008 a

list including their demands to amend 12 laws on women: Election, Nationality, Residence

and Foreigner‘s Affairs, Passports, Associations and Public Meetings, Labor, Social

Security, Penal, Juveniles, Landlords and Tenants and Personal Status), as the legal

constitutional provisions and international HR conventions by Jordan and published in the

official gazette must be in harmony, to achieve equality among the citizens without

discrimination. However, Parliament did not amend most of them, and sufficed with

amending the Associations and Public Meetings Law in a manner that does not meet the

demands of the women‘s sector.

189. The Center commends the government‘s response to one of its recommendations in its

annual report of 2007. The Protection from Domestic Violence213

was published in the

official gazette on 16/4/2008. It aimed to preserve family ties and reduce the effects of the

penal procedures followed in cases of crimes among family members. It also aimed to

replace the freedom restricting penalties with less harmful measures in these punishments.

This law allowed the FPD director and the chairpersons of FPD divisions to apply

preventive measures, including the defendant‘s promise to refrain from harming the victim

or any of his/her family members. In cases of danger to the victim, or any of his/her family

members, a number measures can be taken to guarantee protection from family violence.

These measures include denying the defendant entry into the family home for a period not

exceeding 48 hours, if there is no other way to provide protection for the victim or one of

the family members. They also include keeping the defendant for a period of no more than

24 hours at the FPD or one of its branches until protection has been provided for the victim

or one of the family members, if no pre-emptive measures could be taken. The FPD director

and the chairpersons of its divisions may also refer the victim and the defendant to a family

reconciliation committee (FRC). The law also grants competent courts of first instance the

right to issue a protection order that obligates the defendant to refrain from harming or

inciting harm on the victim or any of his/her family members; or from going near the foster

place of residence, whether it is a safe house, a shelter or any place stated in the protection

order; or refraining from damaging the personal property of the victim or any of the family

209

Article 6 stipulates: Jordanians shall be equal before the law. There shall be no discrimination between them as

regards to their rights and duties on grounds of race, language or religion‖. 210

This was translated in the Labor Law No. 8 of 1996 and a tangible reality. 211

This Convention was published in the Official Gazette in issue 4839 dated 1/8/2007. 212

The Council of Ministers withdrew its reservation on article 15/4 on granting women an equal rate to men with

regard to the movement of individuals and the freedom of choise in choosing their residence and housing, pursuant to

its decision No. 3951 dated 27/1/2009. 213

Law No. 6 of 2008 published in the official gazette, issue 4892, dated 16/3/2008.

members, and enabling the victim or his delegate to enter the family home in the presence

of the delegate to take personal belongings and hand them over to the relevant individual

according to a document of receipt, if the court is convinced of the need to protect the

victim or any of the family members. The court may also, in case the parties to the conflict

agree, take measures of referring the victim and the defendant to the FRCs, and refer one or

both parties to the complaint and the family members to family guidance sessions or

psychological and social rehabilitation sessions as alternative measures to protection.

190. Although the law is meant to preserve the family and implement alternative punishments to

freedom restricting penalties, a careful study of the law reveals the following: a) The scope

of applying the law is limited. Having given an elaborate definition of ―family member‖ in

article (3), it goes back and stipulates that the perpetrator of the crime must be living with

the victim in the family home, which means it does not apply to family members if they

reside in another home. b) It expounds on the authorities granted to judicial police assistants

and gives them the authority to halt prosecution without monitoring by the judiciary. This

conflicts with the principle of separation of powers, and the right of the judiciary in the first

place to issue decisions of halting the prosecution in criminal cases as the competent

authority in dispute settlement. The law grants this right to the FPD director and heads of its

divisions and completely overlooks the role of the public prosecutor. Even though the law

grants the court the authority to refer the conflict to FRCs, these committees do not have the

authority to cease prosecution. They are rather obligated to implement the provisions of the

penal code. This use raises many questions on expanding the authorities of the judicial

police assistants and the unjustified reduction of the judicial authority authorities

represented by the public prosecutor and the court of first instance. C) Although the law

grants the court and the FPD the authority to refer the dispute to FRCs and family guidance

sessions and issue protection orders to resolve the disputes, and provides for establishment

of FRCs by a Minister of Social Development decision, these committees have not been

formed yet, and no mechanisms for their work have been created. This is a reason for not

implementing the law. D) The law granted FPD employees a host of protective measures,

which are very dangerous and are difficult to implement, namely not allowing the defendant

to enter the family home for a period not to exceed 48 hours (expulsion from the home). E)

The law did not grant the public prosecutor any authority and it was not mentioned at all,

while the FPD director, its staff and the court are mentioned only, and the authorities of the

public prosecutor were granted to the FPD director and staff.

191. Among the national legislative enactments related to women‘s right is the Alimony Loan

draft law, on which the Center cooperated with the National Committee for Women‘s

Affairs and the women‘s organizations to prepare. The project aims to alleviate the

suffering of those deserving of alimony, including wives, divorcees, widows and parents,

and implement the alimony ruling which cannot be implemented due to the absence of

individual responsible for its payment, ignorance of his place of residence or the lack of

money to implement the alimony ruling. Article (11) of the draft law provided for giving the

Fund Administration the authority to refer to the convicted individual and collect the

alimony and fines the Fund paid for him. Article (9) also stressed that the amount in the

court ruling is paid in a period not to exceed 15 days from the completion of the required

documents. The Center hopes parliament will pass this draft law as soon as possible.

192. National legislative enactments related to women‘s rights include the Social Security Law

drafted by the Social Security Corporation. This project addressed insuring maternity leaves

in Articles (42-A) and (43)214

. However, the Center believes these two articles do not

comply with Article (19) of the Jordanian Labor Law and its amendments No. 8 of 1996,

which granted working women the right to maternity leave without any deduction from her

salary.

193. As for the Family Office draft regulations, provided by the Supreme Jude Department and

the National Council for (NCFA). It was submitted to the Legislation and Opinion Bureau

on 10/4/2005. As such offices required a legal provision to form a basis for their

establishment and referring cases to them before they are referred to Shari‘ah judges for

hearing, it was necessary to pass an amended law for the Shari‘ah Procedural Law No. 50 of

2007, published in the Official Gazette on 19/11/2007215

. The Center believes these family

offices provide many advantages that aim to protect the family, namely: provide an

appropriate environment for the family to resolve the conflicts among the family members

without causing dysfunction and loss, alleviating the financial, psychological and health

suffering of its members, saving time, effort and money when seeking to resolve conflicts

among them outside the courts, and protecting the children from entering into long judicial

procedures harmful to their psychology. The system provides an opportunity to collect the

conflicts of one family before one judicial entity with experience and knowledge in hearing

legal affairs, reform and guidance, taking into consideration the social and psychological

aspects when resolving problems and reaching satisfactory solutions. They also reduce the

load on the judges as a result of the multiple cases before through the agreement signed

between the parties to the conflict, which has the force of an executive order.

194. As for violence against women, the Center contributed to a study on the reality of violence

against women and evaluating the Jordanian experience in this area in cooperation with

NCFA. It showed that the most prominent challenges facing combating violence against

women is the dispersed work of the relevant institutions, in a manner that does not give a

clear perception on the volume of the problem at the national level, as there is no agreement

among these institutions on a specific concept of violence and the lack of a national

detection system for cases of violence.

195. To enhance the protection of women‘s rights, the Center recommends applying a host of

legal and practical procedures, including:

A) Withdrawing the government reservations on Article (9-2) in order to achieve harmony

with the principles in the relevant international conventions, the principles of justice and

human rights216

.

214

Article 42/A stipulated: ―The insured is entitled to a maternity leave for four births maximum pursuant to the periods

specified in the valid labor law, provided: 1. The birth takes place during the period of her inclusion in the provisions of

this law. 2. The period of her subscription in the insurance is not less than nine consecutive susbriptions before she is

entitled to the maternity leave. Proof od birth with an official certificate. Article 43 stipulates: a. the insurance is

provided with matrnity leave compensation equal to her pay pursuant to the last pay subject to deduction at the time of

birth, provided this compensation is no more than her average wages for the last nine months by over 8% maximu m. b.

The service of the insurance during the maternity leave shall be considered an actual service period and the

subscriptions for old age, handicap and death insurance shall be deducted from the compensation paid to her during this

period, and a percentage of 5.5%. 215

Article 11 of the amending law of the Sharia Procedural Law consititutes the legal basis for their establishment, and

its states the following: ―A pleading is submitted to the judge who refers it to the court clerk for registration. The judge

may refer the requests for registering divorce and the cases he finds the family conflict may be resolved by the family

reform and reconciliation offices to the offices established at the sharia courts, and all the detailed matters related to

them shall be specified pursuant to regulations and instructions issued for this purpose. 216

The NCHR reports for 2007, 2006, 2005 and 2004 National call for withdrawal of the reservations on Articles 9/2

and 15/4 of the Convention. For more details, see the discussion on the right to a nationality in this report.

B) Ratify the optional CEDAW protocol.217

C) Expedite the completion of the constitutional procedures to pass the Alimony Loan draft

law and the draft Family Office regulations.

D) Harmonize between Articles (42-a) and (43) in the Social Security draft law on

providing maternity insurance with Article (19) of the Jordanian Labor Law and its

amendments No. 8 of 1996.

E) Support women‘s participation in public life, assume senior political and administrative

positions in state institutions and guarantee their effective participation in parliament as

candidates and voters.

Child Rights

196. The Constitution addresses child rights as an integral part of HR in general. Article (5)

linked the Jordanian nationality with the provisions of the law, and the same is said about

all personal status matters, such as the right to visitation, alimony and others, when Article

217

Adopted and submitting for signing and ratificationpursuant to the United Nations General Assembly Resolution

dated 9/10/1999. It came into effect on 22/12/2000. The Protocol allows receiving individual complaints from

individuals who claim they are victims of a violation before the Committee to Combat Discrimination against Women.

(103-2) of the constitution referred personal status issues for Muslim parties to the Shari‘ah

Courts‘ jurisdiction and Article (108) referred personal status issues for Christian parties to

the canonical courts. The constitution also referred in Article (10) to the sanctity of the

homes inhabited by adults and minors. As for the right to education, Article (20) stipulated

it when it made elementary education mandatory for Jordanians and free in the government

schools.

197. The year 2008 saw a host of legislative steps that contributed to providing protection for

children in agreement with CRC provisions, namely passing the Protection from Domestic

Violence Law No. 6 of 2008218

. This law protects the family members, including the

children, within the institution of marriage from domestic violence. The law is also a

response to the general comment No. 19 on Article (23) of the ICCPR which reaffirms the

adoption of legislative and administrative measures to guarantee equality between men and

women and providing the necessary protection for children after the couple breaks up, as

they are the weakest link in the family conflict. In addition to paragraph 189 of the violence

against women chapter, the most important features of the law with regard to children are:

A) All procedures and information related to domestic violence cases are completely

confidential.

B) Children adopted by foster families who did not complete eighteen years of age are

included in this scope of this law.

C) Focus on preventive and reform procedures and measures, such as referring the

victim(s) to special centers for sheltering women and children until a resolution to the

conflict is reached. The court may issue a temporary protection order for the abused

party that guarantees the victim is not harmed by the family members, and the ordinary

or alternative place of residence will not be approached subject to criminal punishment,

and if the protection order is violated the preventive measure is turned into a freedom

restrictive freedom not exceeding six months, in addition to a fine of JD 200.

D) Refer the family members to guidance sessions or psychological and social

rehabilitation, including abused children. Reference must be made to MoSD draft

regulations for licensing and managing shelters for children in order to improve their

performance according to the international criteria and achieve the goals of institutional

sheltering of children who need this service.

198. In June 2008, the government withdrew the Child Rights draft law from parliament, in order

to harmonize it with CRC provisions, which became part of the national legal system after

its publication in the official gazette on 16/10/2006. But, 2008 saw no activity to approve a

new child rights law that is in agreement with the international criteria. In this regard the

Center lists several comments that should be included in the Child Rights draft law in

harmony with the international criteria for child rights, namely:

A) Expand the umbrella of legal protection for children who are abused by any form of

abuse, especially economic abuse like begging and child labor.

B) Make the punishments for perpetrators of physical, moral or sexual abuse against

children stricter.

C) Grant illegitimate children birth certificates without the approval of one of the parents

(usually the mother), which was done in fact in the framework of MoSD efforts when a

Shari‘ah fatwa was issued granting the guardian (the state) the right to issue birth

certificates for children who committed no mistake.

218

The law was passed on 16/3/2008. For more details, see item eight of this report on women rights in this regard.

D) Reaffirm the care of foster families or institutions pursuant to the national laws,

especially with regard to the adoption system.

E) Non-discrimination in the alimony for children between the females who choose to stay

with their mothers after puberty and the male who retains this right in the same

circumstances.

F) Register and document cases of handicap from birth for purposes of improving care and

rehabilitation for the children with disabilities in the present and future.

G) Introduce psychological programs, both prevention and treatment, and stress offering of

these services at child care institutions.

199. The most important developments in 2008 in the situation of child protection include the

hotline for helping abused children, a joint PSD- Jordan River Foundation endeavor.

Approximately 2,387 calls were received since 2007, including about 40% from abused

children requesting assistance, support and protection. The Center also received 29

complaints in 2008 related to child rights. The following graph shows the classification of

complaints from children or their representatives:

Types of complaints received by the Center in 2008

1 1

4

5 5

1 1

5

4

2

0

1

2

3

4

5

6

Right to alimony

Right to travel

Right to health care

Custody &

visitation

Right to education

Right to fair trial

Decent family

protection

Obtaining identification documents

Non-exposure to torture & cruel

treatment

Social securities

The Center also tracked the violations against children as part of the project

―Building CSO Communities to Draft Parallel Reports and Track Child-Related

Violations‖ in cooperation with Save the Children. A network of CSOs was formed

to raise awareness of the CRC and enact its provisions. Over 1,221 cases of child

right violations were tracked in the Kingdom, and these violations fall into seven

groups: the right to education, the right to special protection, the right to healthcare,

the right to participation, the right to life, survival and growth, the right to play and

entertainment and the right to nationality. The graph highlights the distribution of

these violations according to the type of the violation:

Numbers and types of violations tracked by the CSO network

75 53

75

150 169

319

419

0

50

100

150

200

250

300

350

400

450

Right to a name and a nationality

Right to life, survival &

development

Right to participation

Right to play Right to protection

Right to health

Right to education

200. Through tracking the violation cases classified above, the Center registered several

comments on violence against children, as follows:

A) inability to catch sexual abusers of children when they do not leave proof proving their

act, as there is physical evidence that fades after 72 hours of the attack, and the child

cannot express his problem during this period because he needs a month at least to

become familiar with the others.

B) Most child cases are referred by the FPD to protection and care homes as ―Neglect or

Physical Abuse,‖ but it is later ascertained that they are usually with sexual dimensions.

C) Lack of an obligatory mechanism to rehabilitate adult abusers. As for those under 18

years of age, they are referred to protection and care homes or juvenile centers, to

receive the appropriate rehabilitation and treatment.

D) The personal right is dropped by the guardian if the abuser is a family member, and

children fear reporting or revealing cases of sexual abuse if the abuser is a family

member219

or someone close to the family.

E) Children with disabilities suffer from physical and moral violence represented by not

preparing schools and educational staff to receive and educate them.

201. In light of this reality, the Center recommends continuing the legal and administrative

procedures for the Child Rights draft law to submit it to parliament and approve it as soon

as possible, especially as it has been submitted for a long time. It also stresses the need to

enact the Protection from Domestic Violence Law and issue regulations and instructions

necessary for it.

219

For example the Center tracked the case of a child whose grandmother on his father‘s side burned and tortured him

severely due to urination, which leed to deep burns that caused severe pain and an inability to walk correctly. When the

complaint was follow-up by the Protection Home and referred to court, the case was amended as ―severe harm leading

to permanent disfigurement‖, and after the father dropped his personal right the punishment was a five JD fine.

Rights of Persons with Disabilities

202. Jordan was on the list of the first twenty countries to ratify the International Convention on

the Protection and Enhancement of the Rights of Persons with Disabilities on 31/3/2008,

and on 3/11/2008 Jordan occupied a seat at the International Committee for the Rights of

Persons with Disabilities at the UN, mandated with tracking and following-up the

implementation of the international convention for the disabled. To enact Article (33) of the

Convention which obligates national HR institutions to continue to track at the national

level, the Center is conducting this mission as part of a committee consisting of experts in

disabilities established especially for this purpose220

. The Rights of Persons with Disabilities

Law No. 31 of 2007, in compliance with the provisions of the international convention of

this group, replaced the Persons with Disabilities Care Law No. 12 of 1993 and its

amendments.

203. The Center noticed advantages to this law, specifically the establishment of a Higher

Council for Persons with Disabilities (HCPD) to draft policies for persons with disabilities,

review them and follow up their implementation, as well as grant a ―legal‖ meaning to the

disability as opposed to ―care‖. Although the law is important, which carries many rights

and principles taken from the International Convention of Persons with Disabilities and the

two international covenants, the definition of the person with disabilities contradicted the

legal concept.

204. For the purposes of promoting and enhancing the rights of persons with disabilities in

society, the Center signed a joint HCPD-British Council memorandum of understanding to

enhance the effective participation of persons with disabilities and integrate them into

society on the basis of equality and equal opportunities. Pursuant to this memorandum, the

network ―Opportunity for All‖ was established, a voluntary non-official network consisting

of representatives of 101 CSOs and government bodies concerned with disabilities. 8

training courses were also held in the various regions of the Kingdom, in which no less than

246 participants of the Network members participated, in addition to representatives if the

various media outlets. Moreover, two specialized studies were conducted, the first entitled

―Disabilities in the Kingdom Pursuant to the National Legislature and the International

Criteria‖ and the second ―Analyzing the Content of Jordanian Daily Newspapers on Persons

with Disabilities‖.

205. It is noteworthy that the Center received 27 complaints on the rights of persons with

disabilities during 2008 compared with 3 complaints for 2007. The following graph shows

the distribution of complaints according to the type of right:

220

In the summer of 2006, on the initiative of the ministries of social development and political development, a

committee of experts was formed, consisting of representatives of the relevant government bodies, representatives of

CSOs and persons with disabilities active in this area, with NCHR participation. Prince Raad Bin Zaid, Lord

CHaimberlain, chaired this committee.

Distribution of complaints received by the Center, by type of right, 2008

Violated right

0 0.5

1 1.5

2 2.5

3 3.5

Right to work

Right to humane

treatment and physical

safety

Right to employment

Right to community

rehabilitation

Right to medical

rehabilitation

Right to social

securities

Rٌight to sport and recreation

Right to freely select

residence

Right to education

Right to naturalization

Child’s right to develop

skills and to integration

into …

Right to customs

exemptions

Right to health care

Nu

mb

er

of

co

mp

lain

ts

206. As for the disadvantages facing the full integration of persons with disabilities into society,

they lie in the following:

A) lack of logistical facilities that enable persons with disabilities to move and benefit from

the services available if they do exist.

B) No fine and/or citation for those who park in spaces allocated for persons with

disabilities, as this act is not considered a violation according to the provisions of the

Traffic Law No. 49 of 2008.

C) The business owners are afraid to hire persons with disabilities as they feel that they

have a low level of production and are not efficient at work.

D) Lack of literary programs for persons with disabilities.

E) Lack of medical staff working on diagnosing and treating disabilities.

F) High cost of cochlea transplants; which constitutes an obstacle to those who cannot

afford it and who suffer from a hearing disability and need this service.

G) Lack of follow-up and care for mentally disabled persons after age 16, as MoSd-

supervised schools for these persons receive children until they are 16 only, which

constitutes an obstacle to the process of their integration into society.

207. In reality, 2008 saw positive developments to improve the circumstances of persons with

disabilities, namely:

A) A HCPD survey of disability centers in the Kingdom to coordinate work and improve

the level of services offered.

B) Allocated 4% of the jobs listed on the Government Jobs Schedule, a total of 400 jobs, to

persons with disabilities.

C) HCPD and MoSD Financial support to charities working in the area of disabilities.

D) GAM produced a guide on the requirements of national construction for persons with

disabilities pursuant to the instructions issued for this purpose on 29/5/2008.

E) The Higher Education Council issued resolution No. 10/1/2539 to enable persons with

disabilities to access higher education institutions, provide environmental facilities and

exempt disabled students whose disability exceeds 40% from the fees of accredited

universities by 90%.

F) The MoSD expanded the Jarash Center for the care and rehabilitation of persons with

disabilities with an additional capacity of 90 persons, to serve the largest possible

number of individuals with multiple and extreme disabilities.

G) The MoSD opened Hittin Early Detection Center in Rusaifah area to offer better care

and rehabilitation services to this group in society, and specifically diagnose all cases of

disabilities and offer speech therapy, physical therapy and functional therapy services.

208. In light of the earlier points, and to guarantee the rights of persons with disabilities, the

Center recommends enacting the provisions of the Rights of Persons with Disabilities Law

No. 31 of 2007 to create systems and instructions to guarantee appropriate and full

implementation of the law. It specifically calls for implementing Article (4-c) of the law

which obligates public and private sector institutions with over 50 workers to make sure no

less than 4% of their staff are persons with disabilities. It stresses the need for expediting

the formation of a national tracking committee to follow up the implementation of the

provisions and items of the International Convention pursuant to Article (33) thereof.

Rights of the Elderly 209. The rights of the elderly are based on general principles based on the need to ensure non-

discrimination on the basis of age. The Declaration of the Rights of Older Persons of 1993

included five principles: independence, participation, care, self-achievement and dignity.

The Center notes that the legislative enactments addressed the issues of the elderly from an

age point of view only, and did not address the biological factors and their health situation,

sufficing with regulating and licensing senior citizen homes221

. In the period between 14/6

and 9/7/2008, the Center conducted a series of field visits to senior citizen homes in the

Kingdom in cooperation with the MoSD, for purposes of studying the services offered to

this group in society, evaluate their role, identify their needs and consider the problems

facing them.

Table 19 Showing the Names of Senior Citizen Homes, Number of

Beneficiaries and Supervising Body

Name of Home Year

of

Est.

Supervising

Body

No of Beneficiaries

Male Female Total

Dar Al Diyafah for Senior

Citizens

Volunteer

Princes Muna Center for

Senior Women

Volunteer

Dar Al Salam Senior

Citizens Home

1970 Volunteer

Al Ziyara Center for

Senior Women

1992 Volunteer Senior nuns

Humanitarian Care

Home for Nuns

Volunteer

Amman Senior Citizens

Home

Private

Al Amal Home for Senior

Women

Private

Samir Shamma Homes

for the Elderly

Volunteer None currently

Modern House for Senior

Women

Private

Al Zahra Home for

Senior Citizens

Private

Wadi Al Shita Center for

Senior Citizens

2007 Private

210. The number of homes for senior citizens of both genders total 10 operating homes,

administered by either voluntary associations or the private sector. Table 19 shows the

number of homes, beneficiaries and supervising body.

211. The Center noted comments on the work of these homes and their interaction with the

elderly, including:

A) Although the Social Affairs and Labor Law No. 14 of 1956 urged the established,

financing and administration of any institution that fulfills the goals of the Ministry,

such as centers for the elderly, no such institution for this purpose has been established

221

Article 9 of the Constitution stipulates: ―No Jordanian may be prevented from residing at any place, or be compelled

to reside in any specified place, except in the circumstances prescribed by law‖.

since the 50s, as the Ministry indirectly supervises this role by coordinating and

cooperating through covering the expenses of those referred by it.

B) The number of elderly benefitting from the services of the shelter homes in the

Kingdom for the volunteer and private sectors was 302 elderly during the period of the

Center‘s visit, and the staff totaled 140, which is a positive indication on the quality of

services offered on the basis of proportionality of number of beneficiaries and workers.

C) During a visit to an elderly home it was found that the facility was not complying with

the conditions and instructions for elderly homes; MoSD, which was contacted on

26/7/2008, followed the situation up and shut the home in accordance with the law.

D) The shelter and care services to the elderly are characterized by improper geographic

distribution, as they are centered in the central region.

E) The cost of residency for the elderly in the private sector is relatively high, ranging

between 200 and 1000 JD monthly, while at charity and volunteer associations relatives

of the elderly or their providers cover the costs of residency and services with an

amount ranging from 120 to 170 JD monthly. They also receive poor elderly after

ascertaining their economic situation free of charge.

F) The entertainment services for the elderly are simple and limited, usually represented by

watching television in some cases and exchanging conversations in the halls of the

homes, if any, or the sitting room.

G) There are no controls for accepting beneficiaries of the services by these homes. Many

of them are younger than what is mandated, and they are classified as humanitarian

cases like persons with disabilities or poor.

212. The Center also detected various forms of violations against the elderly; some elderly are

subjected to moral and psychological violence as a result of shortcomings and neglecting

the duty of visits, and some are subjected to economic violence by their families in some

cases222

. It was also noted that the elderly are unable to sue those who abuse them, either

because of ignorance and lack of knowledge or because of their financial and health

inability to follow-up the case.

213. To maintain the rights of senior citizens, the Center reiterates its recommendations in its

earlier reports in this regard, and stresses the need for the following:

A) Criminalize or hold accountable those failing in customs and law to care for their

parents. Legislative texts do not hold accountable the perpetrators of violence against

parents, although there are many countries in the world that condemn those who leave

their parents without a medical and acceptable reason.

B) Facilitate and provide free legal assistance to needy elderly and those without providers,

and resolve the problem of government hospitals refusing to treat elderly patients

referred by senior citizen homes, although senior citizens are included in free health

insurance.

C) Implement the instructions for Senior Citizen Homes No. 2 of 2001 in terms of decent

housing environment, areas of sitting in the sun, and internal halls for leisure, and

providing public safety conditions for the elderly.

D) Use the capacities of the elderly in various activities and areas.

E) Build bridges of communication between the local community and the elderly

benefitting from the services of these homes to enhance communication at two levels;

222

A lady waived her right to the house in which she resides as a result of fraud by her cousins, in return for caring for

her and serving her as she is not married and does not have a provider, and after registration and transferring ownership

of the property, she was sent to a senior citizen home.

internal, in light of the interest and well-being of the elderly; and external, in light of

complementarity among generations.

F) Implement educational programs on the rights of the elderly and entrench and respect

this group in society in participation with the media outlets.

Complaints and Requests for Assistance Received by the Center

during 2008

Total number of complaints received by NCHR, according to rights claimed to have been violated

Subject of complaint Number of complaints

Closed, satisfactory

result

Closed, no satisfactory

result

Outside NCHR competence

Under follow-up

Compplaoinant not cooperative

Right to recognition of a legal personality (Nationality)

7 1 --- --- 6 ---

Right to physical safety 30 7 4 2 15 2

Right to movement and residence 33 11 1 2 17 2

Right to asylum 3 --- --- 2 1 ---

Right to vote 1 --- --- 1 --- ---

Right to life 7 --- 3 1 3 ---

Right to freedom and personal safety 38 12 5 7 10 4

Right to humane treatment 29 8 6 --- 12 3

Workers’ rights 31 7 2 7 15 ---

Right to social security 9 4 --- 2 3 ---

Right to assume public office 4 --- 2 1 1 ---

Prisoners’ rights 4 4 --- --- --- ---

Right to health 7 3 1 --- 2 1

Right to education 11 6 1 --- 3 1

Right to equality and non-discrimination 1 1 --- --- --- ---

Right to fair trial 47 11 1 20 11 4

Right to obtain identification documents 45 19 3 20 2 1

Women’s and children’s rights 8 2 4 1 1

Rights of the disabled 4 2 1 1 --- ---

Juvenile’s rights 4 1 1 2 --- ---

Right to proper standard of living 1 --- 1 --- --- ---

Right to housing 2 --- --- 2 ---

Right to freedom of opinion and expression 1 --- --- 1 ---

Right to property 7 --- --- 4 3 ---

Right to a healthy environment 1 --- --- --- --- 1

Right to work 37 12 5 6 12 2

Right to join professional associations and labor unions

1 --- --- --- ---

Total 373 111 37 86 117 22

214. The total number of complaints received by the NCHR during 2008 stood at 373, compared

with 422 in 2007. Of the total 2008 number, 258 were related to civil and political rights,

while 115 were related to economic, social and cultural rights. A total of 111 complaints

(29.76%) were closed, while 117 (31.37%) were still under follow-up at year-end. The Center

received 86 complaints (23.06% of the total) that were outside NCHR competence. Reasons

for closing complaints without satisfactory results are attributable to lack of cooperation on the

part of the complainant, the positive response by the party against which the complaint was

lodged to NCHR recommendations and requests, lack of explicit legal cover for the situation,

elimination of some violations, and the absence of any stipulation in the NCHR Law that

obligates parties to reply to NCHR requests within a specific period of time.

Total number of requests for assistance received by NCHR, according to the rights

claimed to have been violated

Subject of complaint Number of complaints

Closed, satisfactory

result

Closed, no satisfactory

result

Outside NCHR competence

Under follow-

up

Compplaoinant not cooperative

Right to recognition of a legal personality (Nationality)

8 3 1 2 2

Right to physical safety 8 2 6

Right to movement and residence

56 25 3 27 1

Right to life

Right to humane treatment 1 1

Right to freedom and personal safety

10 1 1 5 3

Right to health 12 3 1 5 3

Workers’ rights 13 3 10

Right to work 35 3 3 2 27

Right to social security 8 3 2 1 2

Right to property

Right to housing 2 1 1

Right to proper standard of living

8 1 1 1 5

Right to a healthy environment

1 1

Right to freedom of thought and religion

1 1

Right to justice 11 3 1 3 2 2

Women’s and children’s rights

8 2 3 2 1

Juvenile’s rights 1 1

Rights of the disabled 4 2 2

Right to obtain identification documents

37 6 2 1 25 3

Right to education 8 3 1 2 2

Right to asylum 4 2 1 1

Juvenile’s rights 2 2

Right to freedom of opinion and expression

1 1

Prisoners’ rights 5 5

Total 244 71 13 18 125 17

215 The total number of requests received by the Center during 2008 stood at 244, of which 144

were related to civil and political rights and 100 to economic, social and cultural rights. A total

of 71 requests (29.10%) were closed successfully, while 13 requests (5.33%) were closed with

no satisfacotry result. Some 125 requests (51.22%) were being followed up at the time of

compiling this report. The Center received 18 requests (7.38% of the total) that were outside

NCHR competence. Reasons for closing some cases with no satisfactory result are attributable

the lack of cooperation by the petitioner or wish to follow up the request, lack of positive

response by the concenred party to NCHR recommendations and requests, andlack of explicit

legal stipulations obligating concerned parties to reply to NCHR requests within a specific

period of time.

It is observed that, compared with previous years, both 2007 and 2008 witnessed increases in

the numbers of complaints and almost doubled as shown in the following figure.

288

209

192 14

7

373

152

177

162

244

422

0

50 10

0

150

200

250

300

350

400

450

2003/2004

2005

2006

2007

2008

Total requests for assistance

Total complaints

This may be attributed to the following reasons: 1) the citizens awareness of NCHR services

as a result of the Center‘s advertising campaign; 2) the seminars and training courses offered

by the Center to raise HR awareness and the Center‘s role in contributing to removal of some

violations; 3) the proficient professionalism of NCHR staff members in receiving and dealing

with citizens‘ requests; 4) launching the hot-line service, as well as other means, to receive

complaints and requests for assistance around the clock, as illustrated in the following figure:

Verbally, 73.25%

Fax, 6.69%

Hot line, 2.23%

E-mail, 3.71%

Written, 14.12%

Complaints and requests for assistance received verbally and in person accounted for 73.25%

of the the total, while 24.52 were received in writing (14.52% submitted by hand and 6.69 by

fax). Most of the complainants, who submit written petitions, provide copies of their

complaints to other bodies. Complaints and requests for assistance submitted by e-mail come

third and account for 3.71% of the total. This humble percentage is attributable to limited

proliferationof internet services throughout the Kingdom. Most of those who submit their

petitions by e-mail live outside Jordan and cannot come in person to the Center.Finally, 2.3%

of the complaints and requests were received through the NCHR hotline. Hoever, the Center

has observed a belief on the part of citizens that NCHR receives complaints only during

official office hours. Therefore, arrangements were made for an NCHR lawyer to be available

to receive petitioners for two hours every day after official office hours and new instructions

were adopted for NCHR lawyers to take turn in receiving hotline calls. Furthermore, an

extensive campaign was launched to inform citizens of these methods and of the fact that the

Center recives complaints 24 hours a day.

Complaints and requests for asssitance submitted to the Center, by Governorate

69.05

7.6

2 5.0

0 3.8

1 2.3

8 0.7

1 0.9

5 1.9

0 0.7

1 0.7

1 0.2

4 1.9

0 5.0

0

82.13

1.0

3

5.8

4 0.0

0 2.4

1 1.3

7 2.7

5 1.3

7 0.6

9 0.6

9 0.6

9 0.3

4 0.6

9 0.00

10.00

20.00

30.00

40.00

50.00

60.00

70.00

80.00

90.00

Am

ma

n

Za

rqa

Ba

lqa

Irb

id J

ara

sh

Ajlo

un

Ma

fra

q

Ka

rak

Ma

an

Ta

fila

h

Aq

ab

a

Ma

da

ba

Ou

tsid

e

Jord

an

% Complainants % Requests for assistance

217 As far as distributing complaints among the different governorates in the Kingdom, the

following figure shows that 69.05% of the petitioners are residents of Amman Governorate.

This is attributed to non-existence of NCHR branches in the other governorates, the high

concentration of population in the capital, and the proximity of the Center to residents of

Amman Governorate. Zarqa Governorate came in second place with 7.92% of the total number

of complaints, followed by Balqa Governorate (5.00%) and Irbid Governorate (3.81%). As far

as requests for asssitance, Amman Governorate ranked first with 82.13% of the total, followed

by Irbid Governorate (2.75%), Zarqa Governorate (2.41%) and Balqa and Jerash (1.37 each).

In order to reach citizens throughout the Kingdom, the Center will build a network of

voluteering lawyers throughout the country to receive complaints. It will also strengthen the

post service to facilitate receiving complaints from the governorates.

218 Regarding the parties against which complaints were lodged, the figue above shows that the

largest percentage of complaints (54.57%) were against security forces. Some 26.11% of the

complaints were against the PSD, followed by the MoI (18.02%), and GID (10.44%). About

25% of the complaints were related to labor and employment offices. Complaints against

employers accounted for 8.88% of this percentage, while those against employment offices

constituted 9.14%. Around 11.3% of the complaints wee lodged against the country‘s main

ministries, namely, Education, Health, Social Development, and Higher Education. It was also

observed that 3.39% of the total number of complaints were lodged against the Judiciary.

These percentages highlight priority areas for focusing efforts to reduce the numbers of

complaints and enhance human rights in the Kingdom. Regarding the party whose assistance

was sought, the figure shows that the largest percentage of petitions (35.29%) were addressed

to employment offices, followed by the MoI (13.33%) and employers (11,76%).

Annexes

Annex A: National Legislation the Need Amendment

Serial Number

Legislative enactments Year

1 Nationality Law No. 6 1954

2 Crime Prevention Law No. 7 1954

3 Law of the State Security Court, No. 17 1959

4 Penal Law and its amendments, No. 16 1960

5 Penal Trial Procedures Law and its amendments, No. 9 1961

7 PSD Law No. 38 1965

8 Juvenile Law and its amendments, No. 24 1968

9 Protection of State Secrets and Documents Law No. 50 1971

10 Residency and Foreigners Affairs Law No. 24 1973

11 Law on Narcotic Drugs and Psychotropic Substances, No. 11 1988

12 Landlords and Tenants Law No. 11 1994

13 Labor Law and its amendments, No. 8 1996

14 Press and Publication Law No. 8 1998

15 Press Association Law No. 15 1998

16 Independence of the Judiciary Law 2001

17 Temporary Election Law No. 32 2001

18 Public Meetings Law No. 7 2004

19 Reform and Rehabilitation Centers’ Law No. 9 2004

20 Higher Education and Scientific Research Law No.4 2005

21 Freedom of Access to Information Law, No. 47 2007

22 Political Parties Law No. 19 2007

23 Law on Protection Against Domestic Violence, No. 6 2008

24 Ombudsman Bureau Law No. 11 2008

25 Health Law No. 47 2008

26 Traffic Law No. 49 2008

27 Societies Law No. 51 2008

28 Administrative Divisions Regulation No. 42 2001

29 Judicial Inspection Regulation No. 47 2005

30 Ordinance on Contribution to the Funding of Political Parties, No. 89 2008

31 Court Fees Ordinance No. 108 2008

Annex B: Jordan’s Status on International Human Rights

Instruments

Instrument Jordan’s

status Date signed

Date of ratification/ accession

Date of publication in

Official Gazette

Reservations

ICCPR Ratified 30/6/1972 28/5/1975 15/6/2006 --

International Covenant on Economic, Social and Cultural Rights

Ratified 30/6/1972 28/5/1975 15/6/2006 --

International Convention on the Elimination of All Forms of Racial Discrimination

Acceded -- 30/5/1974 15/6/2006 --

Convention on the Elimination of All Forms of Discrimination Against Women

Ratified 3/2/1980 1/7/1992 1/8/2007 Article 9-2 Article 16-C1

Article 16, 1 D, G

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment

Ratified 13/11/1991 13/12/1991 15/6/2006 --

Convention on the Rights of the Child Ratified 29/8/1990

/ / 16/10/2006 Article 14 Article 20 Article 21

The Optional Protocol of the Convention on the Rights of the Child related to sale of children, child Prostitution and the use of children in pornography

Signed 6/9/2000 -- 16/10/2006 --

The Optional Protocol of the Convention on the Rights of the Child related to the participation of children in armed conflicts

Signed 6/9/2000 -- 16/10/2006 --

Equal Remuneration Convention, concerning equal remuneration for male and female workers

-- 22/9/1966 -- -- --

The International Convention Against Apartheid in Sports

Acceded 16/5/1988 / / -- --

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

Signed 1/7/1992 --

-- --

Convention concerning the Application of the Right to Organize and Collective Bargaining

-- 12/12/1968 -- -- --

Convention on Slavery -- 5/5/1959 -- -- --

Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery

Signed 27/9/1957 -- -- --

The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide of Mankind)

Signed 3/4/1950 -- -- --

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First)

--

--

--

15/3/2007 --

Geneva Convention for the Amelioration of the Condition of the Wounded, Sick in Shipwrecked Members of the Armed Forces at Sea (Second)

-- -- -- (15/3/2007) --

Geneva Convention relative to the Treatment of Prisoners of War (Third)

-- -- -- 15/3/2007 --

Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth)

-- -- -- 15/3/2007 --

Protocol (I) Additional to the Geneva Conventions of 1977, Protocol (I) Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of International Armed Conflicts

-- -- -- 1/4/2006

--

Protocol (II) Additional to the Geneva Conventions of 1977, Protocol (II) Additional to the Geneva Conventions of 12 August 1949, relating to the Protection of Victims of Non-International Armed Conflicts

--

--

--

15/3/2007

--

The Convention of the Rights of Disabled Persons

Ratified 30/3/2007 31/3/2008 -- --

Annex C: Multi-Lateral ILO Conventions Ratified by Jordan

Convention Year

Ratified Date of publication in

the Official Gazette

C-29 Forced Labor Convention, 1930 1964 2/12/1964

C81 Labor Inspection Convention, 1947 1963 2/2/1963

C98 Right to Organize and Collective Bargaining Convention, 1949 1963 16/6/2003

C100 Equal Remuneration Convention for Male and Female Workers, 1951 1966 10/7/1966

C105 Abolition of Forced Labor Convention, 1957 1958 Not published

C106 Weekly Rest (Commerce and Offices) Convention, 1957 1979 Not published

C111, Discrimination (Employment and Occupation) Convention, 1958 1963 30/5/1963

C116 Final Articles Revision Convention, 1961

1963 1/4/1963

C117 Social Policy (Basic Aims and Standards) Convention, 1962 1963 Not published

C118 Equality of Treatment (Social Security) Convention, 1962 1962 1/12/1963

C119 Guarding of Machinery Convention, 1963 1964 14/5/1964

C120 Hygiene (Commerce and Offices) Convention, 1964 1965 2/1/1965

C122 Employment Policy Convention, 1964 1965 16/2/1965

C123 Minimum Age (Underground Work) Convention, 1965 1966 10/4/1966

C124 Medical Examination of Young Persons (Underground Work) Convention, 1965

1966 10/4/1966

C135 Workers’ Representatives Convention, concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking, 1971

1979 Not published

C138 Minimum Age Convention, 1973, concerning Minimum Age for Admission to Employment

1997 16/7/1997

C142 Human Resources Development Convention, concerning Vocational Guidance and Vocational Training in the Development of Human Resources, 1975

1979 Not published

C182 Elimination of the Worst Forms of Child Labor Convention, 1999 2000 Not published

C159 Vocational Rehabilitation and Employment (Disabled Persons), 1983 2003 --

C144 Tripartite Consultation (International Labor Standards) Convention, 1976, 2003 16/7/2003

C150 Labor Administration Convention, 1978 2003 16/7/2003

C147 Merchant Shipping (Minimum Standards) Convention, 1976 2004 16/2/2004

C185 Seafarers’ Identity Documents Convention , 2003 2004 15/7/2004

Index of Topics (Paragraph Numbers)

Topic Paragraph Page

Capital punishment 1-2

Torture, cruel and inhuman treatment 3-5 12-13

Narcotics 6 13

Traffic accidents 7 13-14

Suicide

Crimes and other accidents 9 15

NCHR recommendations on the right to life and personal safety 15-17

Right to freedom and personal safety in the Constitution and other

national legislative enactments 18

Suppression of freedom 12 18

Temporary PSD detention centers 13 19

Temporary GID detention centers 14 20

Reform and rehabilitation centers 15-16 20-21

Excessive use of force in police raids, house searches and arrests 17 22

NCHR recommendations on the right to freedom and personal safety 18 22-23

Right to establish justice 19

General impediments to some legislative enactments / Right to establish

justice 20-24 24-25

Problems impeding litigation before Shari‘ah courts

Problems impeding litigation before ecclesiastical courts

NCHR recommendations / right to establish justice 26-27

Juvenile Law No. 24 (1968)

Guarantees for fair trials of juveniles

NCHR monitoring of child-related complaints

Crimes perpetrated by children

Juvenile homes problems

Positive developments in juvenile justice 33-35 29-30

NCHR recommendations / juvenile justice 30

Right to assume public office in the Constitution and other national

legislative enactments 37 31

Human resources and administrative organization in the civil service 3 31

Appeals and complaints received by the Civil Service Bureau 3

Violations of the principle of equal opportunities in implementing the

right to appointment in pubic jobs 40-42 32-33

NCHR recommendations / the right to assume public office 43-44

Right to a nationality, residence and asylum, as stipulated in the Jordanian

Constitution and international human rights instruments

Status quo of the right to a nationality 34-35

Impediments to the right to a nationality, discrimination against women

and withholding nationality and identification documents 35

The right to residence and movement 35

Residence and Foreigners‘ Affairs Law and its amendments 36

Asylum

NCHR recommendations / the right to a nationality, residence and asylum 52

The right to election and candidature in national Jordanian legislative

enactments 53

Negative aspects in the Provisional HoD Law 54

Legislative performance of the Parliament 55

Aspects of weakness in the legislative performance of the Parliament 56

Laws passed by the Parliament with direct relevance to human rights 57-58 39-40

NCHR recommendations / right to elect and candidature 59

Right to freedom of opinion, expression and the press 60

Violations of the freedom of opinion, expression and the press 61-71 42-46

Legislative enactments governing freedom of the media 72-78 46-48

NCHR recommendations / right to freedom of opinion, expression and

the media 79-80 48-49

Right to establish and join associations and labor unions in the

Constitution and national and international legislative enactments 81

Labor unions 81-82

Professional associations 83

Positive developments / right to establish and join professional

associations and labor unions 84

Demands by professional associations and labor unions 85

Labor unions and the Labor Law 86-88 52-53

NCHR recommendations / right to establish and join professional

associations and labor unions 89

Right to establish political parties in the Jordanian Constitution and

international conventions 90

Effects of restrictions imposed by the Political Parties Law 91-92 54-55

Ordinance governing contributions to finance political parties 93

NCHR recommendations / right to establish political parties 94

Right to establish associations in the Constitution and in international

conventions 95

NCHR remarks on Associations Law 96

Dissolution of associations 97

NCHR recommendations / right to establish associations 98

Right to work in the Constitution and national legislative enactments 99

Situation of the labor force 100

Situation of workers‘ health and professional safety 101

Agricultural sector / NCHR appreciates government‘s response to its

recommendation 102

Workers in health services companies 103

Domestic workers 104-105

Apparel and textiles sector 106

Child labor 107-108

Trafficking in humans 109

NCHR recommendations / right of Jordanians and residents in the

Kingdom to work 110

NCHR recommendations / workers in the agricultural sector 111

NCHR recommendations / workers in service companies and domestic

female workers 112

NCHR recommendations / Workers in the apparel and textiles sector 113

NCHR recommendations / child labor 114

NCHR recommendations / trafficking in human beings 115

General NCHR recommendations/ right to work 116

Right to education in the Constitution and international instruments 117

School education 118

Disabled students and school education 119

Exceptional students 120

Private schools 121

Illiteracy (informal education) 122

Education and inmates of reform and detention centers 123

Health care and school nutrition 124

Vocational education 125

Human rights concepts and school curricula 126

Negative aspects face by the school education system 127

Complaints received by the Center concerning the right to education 128

NCHR remarks on the right to higher education 129

University fees 130

The phenomenon of violence in Jordanian universities 131

Positive developments in higher education and scientific research 132

NCHR recommendations / right to education 133-134 79-80

Cultural rights in the constitution, national legislative enactments, and

international instruments 135

Practices preventing enjoyment of the individuals‘ cultural rights 136

Positive developments / cultural rights 137

Books deposited at the Department of Press and Publications 138

NCHR recommendations / cultural rights 139

Right to health in national legislative enactments 140

Health care 141

Psychological care 142

Non-infectious diseases 143

Thalassemia patients 144

Problems related to treatment of cancer patients 145

Venereal diseases 146

Ministry of Health efforts to reduce disease prevalence 147

Health insurance 148

Sale and trafficking of human organs 149

Food and food security 150

Medications 151

NCHR recommendations / right to health 152

Right to a safe environment in national legislative enactments 153

Developments in the area of institutional and legislative organization 154

Enhancing monitoring and inspection / right to a safe environment 155

Air pollution 156

Water and sanitation 157

Management of solid, dangerous waste 158

Forest wealth and biological diversification 159

Pesticides 160

Chemical fertilizers 161

Natural fertilizers 162

Plastic house agriculture 163

Olive oil presses 164

Animal wealth farms 165

Handicrafts sector and industrial cities 166

Stone and sand crushers and quarries 167

NCHR recommendations . right to a safe environment 168

Right to a decent standard of living and international instruments 169

Poverty phenomenon 170-171 94-95

Tax burden 172

Begging 173

Unemployment 174

Rising costs of living 175-176 97-98

Governmental measures to combat rising costs of living 177

Right to decent housing 178-179 99-100

Landlords and Tenants Law 180

Services and basic structural facilities available to residents 181

Complaints received by the Center 182

Collection of solid waste 183

―Decent Housing for Decent Living‖ initiative 184

Phenomenon of population crowdedness 185

NCHR recommendation / right to food 186

NCHR recommendations / right to suitable housing 187

Women‘s rights in the Jordanian Constitution and national legislative

enactments

Protection against Family Violence Law 189-190 -

Draft Law on Advancing Maintenance 191

Draft Social Security Law 192

Ordinance regulating family bureaus and women-related laws which need

to be amended 193

Analysis of the situation of violence against women and evaluating the

Jordanian experience in this area 194

NCHR recommendations / women‘s rights 195

Child rights in the constitution and national legislative enactments 196

Positive legislative steps taken to provide special protection to children 197-198 -

Developments in the actual situation of child protection 199 -

NCHR monitoring of child rights violations 200

NCHR recommendations / child rights 201

Rights of disabled children in the Constitution and national legislative

enactments 202

Law on the Rights of Disabled Windows No. 31 (2007) 203

Memorandum of Understanding on Disseminating and Enhancing Rights

of Disabled Persons in the Society

204

NCHR monitoring / violations of the rights of persons with disability 205

Negatives aspects impeding full integration of persons with disabilities 206

Positive developments in the rights of persons with disability 207 -

NCHR recommendations / rights of persons with disability 208 117

Principles of the rights of the elderly 209 118

Lodging homes for the elderly 210 118

NCHR monitoring / violations of the rights of the elderly 211-212 -

NCHR recommendations / rights of the elderly 213 119