The Euro-Mediterranean Human Rights Network's working group on Freedom of association blog.
Le blog du groupe de travail sur la liberté d'association du Réseau Euro-Méditerranéen des Droits de l'Homme.
Le blog du groupe de travail sur la liberté d'association du Réseau Euro-Méditerranéen des Droits de l'Homme.
05/11/2008
Quatrième Réunion du Groupe de Travail, Ordre du Jour
Objectifs de la réunion:
1. Analyse des conclusions du second rapport du REMDH sur la liberté d’association et identification des pays/difficultés sur lesquels les efforts de lobbying devront se concentrer (la Revue pourrait être officiellement lancée à l’occasion du 10ème anniversaire de la Déclaration sur les défenseurs des droits de l’Homme (12 décembre 2008))
2. Session sur la nouvelle loi jordanienne sur les sociétés : identification des points à soulever devant les officiels (des réunions avec les autorités ont été organisées le lundi 10 novembre)
3. Convenir de la méthodologie et du contenu de la troisième Revue sur la liberté d’association
Jour 1
8.30 – 9.00 Enregistrement des participants
9.00 -10.00 Session 1: Mot de bienvenue, Présentation et validation de l’agenda ainsi que des objectifs du séminaire
Moderateur: Eva Norstrom
- Validation de l’agenda
- Validation du compte-rendu de la dernière réunion
- Tour de table des participants (des ONGs Jordaniennes ont été invitées)
10.00-10.30 Pause café
10.30- 12.30 Session 2: Conclusions du second Rapport sur la liberté d’association dans la région EuroMed et Adoption d’une stratégie de plaidoyer
Moderateur: Anne Laurence Lacroix
- Focus sur la journée du 10 déc. 2008 – lieu du lancement du Rapport à approuver
- Identification de pays dans lesquels nous pourrions organiser des visites de plaidoyer en 2009
- Identification de questions ‘transnationales’ à étudier (par ex. Un des thèmes récurrents de la région est comment les autorités empêchent les groupes d’obtenir leur récépissé de déclaration)
- Quelles synergies avec nos partenaires (Nauman Foundation, Club de Madrid...)
- Objectif: Identification de pays/difficultés sur lesquels les efforts de lobbying devront se concentrer
- Document de travail: synthèse de la 2ème Revue, Recommandations de la 2eme Revue (tbc)
12:30- 14.00 Déjeuner
14.00-17.00 Session 3: Loi jordanienne sur les sociétés : un retour en arrière ?
Intervenants: Ghassan Moukheiber – Ubab Murad – Ghosson Rahal
- Présentation du chapitre sur la Jordanie de la 2eme Revue du REMDH sur la liberté d’association (par Ghosson Rahal, auteur du chapitre 10’)
- Mise à jour des activités réalisées par la société civile jusqu’à ce jour et discussions sur les actions qu’il conviendrait d’entreprendre aujourd’hui (mise à jour par Ubab Murad 10’ – début des discussions par Ghassan Moukheiber 10’)
- Identification des points à soulever devant les officiels (des réunions avec les autorités ont été organisées le lundi 10 novembre) – discussions sur la conformité de la loi jordanienne sur les sociétés avec les standards internationaux des droits de l’Homme
- Objectif: Identifier une stratégie de lobbying pour contrer les aspects restrictifs de la nouvelle loi sur les sociétés
- Document de travail: Loi sur les sociétés, chapitre sur la Jordanie de la 2ème Revue
Pause café organisée
19.00 Dîner
Jour 2
09.00-12.30 Session 4: Discussion sur la méthodologie et sur le contenu de la prochaine Revue
Moderateur: Iain Byrne
- Méthodologie:
- Avons-nous besoin d’un nouveau groupe de pilotage?
- Comment renforcer l’implication des membres durant la prochaine procédure de consultation? (Le coordinateur a encouragé le GT à fournir des informations durant l’année, puis durant la phase de consultation, mais n’a finalement reçu que très peu de contributions)
- Comment pouvons-nous impliquer davantage les associations populaires (« grass-roots organisations »)?
- Quels indicateurs pour les prochains rapports?
- Contenu:
- Travaillons-nous sur 11 pays ou identifions-nous 1-2 pays que nous pourrions étudier plus en profondeur?
- Insérons-nous des sujets transversaux (tells les minorités religieuses, le rôle du système judiciaire, les GONGOS...)
- Comment assurer le suivi des chapitres sur le Genre et sur la lute anti-terroriste (le GT Justice travaillera également sur la question du terrorisme dans un futur proche)?
- Objectif: Définir la méthodologie, la portée et le contenu de la 3ème Revue
- Document de travail: aucun
Pause café organisée
12.30- 14.00 Déjeuner
14.00-16.30 Session 6: Evaluation du travail du GT durant ses 2 premières années
Moderateur: Iain Byrne
- Revue + actions de solidarité – Comment améliorer l’implication des membres
- Comment améliorer notre travail et notre visibilité ?
- Préparation de l’Assemblée générale du REMDH – comment présenter notre travail?
- Nouveau Règlement du REMDH - Evaluation de la réunion
- Objectif: Evaluation de notre travail
- Document de travail: Règlement du REMDH et évaluation de la réunion
Pause café organisée
4th Working Group Meeting, Amman 8-9 November 2008, Agenda English (See working docs on the left column)
Aims of the meeting:
1. Analysis of the findings of the second EMHRN Freedom of Association Review to identify issues/countries to focus on in lobbying efforts (Review will be officially launched on the 10th Anniversary of the HRD Declaration (9 Dec. 2008) – venue tbc)
2. Session on the new Jordan Societies Law: identification of issues to highlight in meetings with officials (meetings with authorities are scheduled for Monday 10 November)
3. Agreeing on the methodology and content of the third Review on Freedom of Association
DAY 1
8.30 – 9.00 Registration of participants
9.00 -9.45 Session 1: Welcome, presentation and agreeing on the agenda and objectives of the working group meeting
Moderator: Eva Norstrom
- Agreeing on the agenda
- Approval of minutes from last meeting
- Roundtable of participants (Some Jordanian organisations have been invited to participate to the first day of the WG meeting)
9.45-10.00 Coffee Break
10.00- 12.30 Session 2: Findings of the second Report on Freedom of Association in the EuroMed region and adoption of an advocacy strategy
Moderator: Anne Laurence Lacroix
- Focus on Dec. 9th, 2008 – venue to be identified (Brussels or Geneva?)
- Identification of countries for advocacy visits in 2009
- Identification of ‘trans-national’ issues to address (e.g. one of the recurrent theme is how the authorities prevent access to deliver the receipt of declaration)
- Create synergies with partners who have been invited to the meeting (Nauman Foundation, Club de Madrid...)
- Aim: Identify key issues/countries to lobby on the basis of the findings
- Working documents: overview of the 2nd Review, Recommendations of the 2nd Review (tbc)
12:30- 14.00 Lunch
14.00-16.30 Session 3: 2008 Jordan Societies Law: A Step Backwards?
Speakers: Ghassan Moukheiber – Ubab Murad – Ghosson Rahal
- Presentation of the chapter on Jordan of the 2nd EMHRN Review on Freedom of Association (by Ghosson Rahal, author of the report 10’)
- Update on the activities that have already been completed and Discussion of actions to be taken at this stage (Update by Ubab Murad 10’ - Start of discussion by Ghassan Moukheiber 10’)
- Identification of issues to highlight in meetings with officials (meetings with authorities are scheduled for Monday 10 November) - Explore conformity of the Jordan Societies Law provisions with international standards
- Aim: Identify a lobbying strategy to counter the restrictive aspects of the Jordan Societies Law
- Working docs: 2008 Societies Law, The chapter on Jordan of the 2nd Review
Including Coffee Break
19.00 Dinner
DAY 2
09.00-12.30 Session 4: Discussion on the methodology and the content of the third Review on Freedom of Association
Moderator: Iain Byrne
Methodology:
- Do we need a new steering committee?
- How to strengthen involvement of members during the next consultation process?
- How to involve grass-roots organisations?
- How to develop indicators for the next editions?
Content:
-Do we work on the 11 countries or do we identify 1-2 countries to focus on?
- Do we insert transversal topics (e.g. religious minorities, role of the Judiciary, GONGOs
- How to ensure follow-up on Gender and Counter-terrorism (The justice WG will also deal with CT in the near future)?
§ Aim: Define methodology, scope and content of the 3rd Review
§ Working document: none
Including Coffee Break
12.30 - 14.00 Lunch
14.00-16.30 Session 6: Assessment of the work carried out by the WG for the past 2 years
Moderator: Iain Byrne
- Review + solidarity actions – How to improve involvement of members
- How to improve our work and our visibility?
- Preparation of the GA – how to present our work?
- By-laws and Concept paper - Evaluation scheme of the meeting
- Aim: Assessment of our work
- Working document: By-laws and Concept paper - Evaluation scheme of the meeting
Including Coffee Break
31/10/2008
Ammendments to the Jordanian Societies law proposed by Jordanian NGOs
Amendments should be made to the Society Law of 2008
The following proposals could be the most important themes from the viewpoint of the societies, which we view necessary to take them into account when amending the Society Law of 2008. These proposals require full review for the law to ensure its consistency and harmony with the general structure of the text so as to reach a modern law that governs civil society organizations according to the international criteria of human rights to which Jordan has committed.
First: Registration
General Principles
To approve a single national and independent authority to organize registration of societies and following up its activities.
Registration is considered made by deposit or entry and is not restricted to the approval of any other agency.
Provisions proposed to be amended:
- To amend the provisions of the law and to substitute them with the text “to create a national register of societies (organizations), an independent national authority, managed by a board to be formed by a decision by the Council of Ministers, chaired by the Minister of Social Development and the membership of representatives from the concerned official departments and representatives from organizations. The Council of Ministers by a proposal of the Board will appoint a controller for the register. The registration arrangement into the register is made according to category and type of an organization. The register will have executive secretary and will have the following tasks:
1. Registration and Declaration: The register will be the only official reference responsible for registering and declaring all civil society organizations which wish to be registered in the kingdom according to the provisions of registration and declaration set forth in this law.
2. Monitoring: The Register Department is responsible for the controlling the activities of the civil society organizations in terms of the following:
- Adhere to requirements of registration and declaration stated in this law;
- Adhere to provision of financial and administrative reports and others such as notices and notification set forth in this law and in its internal statute deposited with the register authority.
- Rights of membership;
- Violations of laws and regulations;
3. Support: The register will be responsible for coordination and provision of all cash, in-kind, technical support to civil society organizations based on just distribution, taking into account the efficiency of organization performance and its scope of activity and its nature.
4. Dispute settlement: Looking into complaints and disputes submitted by the members of societies against its administration and these raised by an organization against another, without affecting the rights of litigation.
- To substitute the articles related to the provisions of registration and monitoring over registration and activities of societies with the following provisions:
1. Founders of a society should submit a registration application to the Register Controller using the applied form, signed by seven of founders, and attached with the minutes of foundation meeting and three copies of the basic statute of the society, signed by all founding members. The statute should include, in addition to the added data to be agreed by the founders, the following:
a. The name of a society, its postal address, main headquarter, and addresses;
b. A mandated name on behalf of founders by a written authorization;
c. The objectives of a organization and its ends;
d. The potential resources of a society;
e. The conditions of membership and its types and reasons of its expiry and value of subscriptions;
f. The conditions members of the Board should meet and how to be elected and their terms;
g. The conditions of amendments to the organization’s basic statute and how to be merged or unified;
h. The conditions to hold general assemblies and their validity and quorum of holding;
i. Rules of the organization and the way of disposing the funds of a society at the time of dissolution;
j. To explicitly express that the organization’s activities are not aiming at achieving profits or distributing any surplus to the founders or members during the activity of the organization or at its bankruptcy;
k. To explicitly express that the decision of amending the basic statute or changing an auditor or dissolution or bankruptcy of the organization can only be made by the approval of 75% of the organization’s members; and to distribute the funds of the organization upon dissolution or liquidation to other organizations or to be devolved to the Organization Support Fund.
l. The basic statute should include adherence to the rules of the good governance, such as transparency and avoidance of conflicting interests;
m. The number of the Administrative Board members and method of their election and its powers and meeting cycle and legal quorum, and the mechanism of its decision-taking and method of the society management if it is possible for the society to hold meetings for any reason.
n. Registration application and its attachment should be submitted to the Register Office directly or through post or email, and to receive a written receipt that shows the date of application receipt and its attachments;
o. The Register Controller is to register an organization according to category and type and is to issue a registration certificate within a month from entry and expiry term stated in the paragraph 3/O, and the society has the right to contest before the higher justice court.
p. The Register Controller should accept any application for registration and declaration, and should not suspend them for the approval of any other agency.
q. The Register Controller has the right to assign founders or their representatives to complete the short documents in registration application and he can give them a period of not more than two weeks.
2. Any organization is considered to be legally registered after the elapse of one month from application submission date, unless the register controller requires any further information from the organization within ten days from the date of application. Then the rest of the month starts to be calculated from the submission date of required data.
3. In all events, an organization is considered to be registered and declared legally after the elapse of one month from the application submission, and it can practice its activities according to the rules, unless the register controller issues a written and justified decision to reject registration.
4. The Register controller has to justify his decisions related the reason of not registering and declaring the society. And his decision should be contested before the higher justice court within sixty days from the date of official decision notification to the applicant.
5. The Register controller can contest before the court for registering any non-government organization at any time if it violated the provisions of this law or its basic statute submitted to the register. This could be made after giving it a written warning for sixty days to remove or stop the violation.
6. Contest can be stopped only by a decisive decision from the related government to cross it out from the register.
Second: Freedom of Organization activities:
General Principles:
- The society is free to do all essential activities to serve a range of human rights such as freedom of association, belief, opinion, and expression, and the right to live in suitable living condition and the right of participation in managing the general affairs…
The provisions suggested to be amended:
To explicitly express that the decisions of the ordinary or non-ordinary general assemblies and the those of the Board and election of members of the Board will be effective once issued as support to the law and basic statute of the society, and to restricted to the approval of any other official agency.
The society is to adhere to the principles of good governance, including accountability, auditing and transparency; The violation of the society to this obligation will be accountable, and a cause to dissolve the society.
Third: Financing:
General Principles:
As a main principle: It is allowed to accept financing from any source without receiving any a prior permission from any agency. And it is allowed to set conditions and provisions to control financing that affects the interests of the society and the state and rights of others.
The provisions proposed to be amended:
Article (12) Funding sources of organizations:
The organization has the right to depend on one or more of the following funding sources:
Contributions and donations of members;
Endowments, deposits, and grants and gifts;
Revenues of its projects;
Support which it receives from the Society Support Fund.
Article ( )
The society has the right to ask for and receive loans, grants, cash, in-kind, technical aids that enable it do its activities and achieve its objectives from any of the following agencies:
(a):
1. Any ministry or official department concerned with the objectives of the society and its scope of activity;
2. Individuals, companies, commercial and service corporations working the in the kingdom.
3. Any international societies, organizations and entities related to the objectives of the society;
4. Any national or foreign agency, provided that support should not be conditional or its condition is restricted to that the organization should achieve its objectives as set in the approved basic statute to be declared according to the provisions of this law.
5. Any specialized lending foundations.
(b) In addition to the above, registered societies have the right ,according to the provisions of this law, to accept donations and contributions or gifts or aids from non-Jordanian sources according to the following conditions:
Sources of these funds should be legitimate and do not violate the public order and morals;
Should not be collected from criminal returns;
The conditions of the funding agency should not contradict the provisions of this law and the basic statute of the society;
The term and method of its expenses should be determined;
The administration of society should notify the Register Controller in writing about the amount, source and method of receiving these donations within two weeks from the date of the approval of the financer to provide this funding;
The Register Controller has the right to ban the society receive any funding that contradicts the conditions of the Para. B of this Article within ten days from the date of notice; and at all events the government has the right to contest the decision of the controller with the higher justice court.
If the society has received any funding in violation of the provisions of this article, the Register Controller has the right to freeze these funds and transfer them to the Societies Support Fund. The society has the right to prove that this funding does not violate the provisions of the paragraph b, and to demand retrieve this funding. If the Controller has insisted upon his decision, the society has the right to contest this decision within sixty days from the date of the society submitting a written application to recover the amount.
Fourth: Judiciary Controlling:
General Principles:
It is allowed to dissolve or suspend societies or to take any action that restricts their activities or issue a penalty against it only by a judiciary decision and under the provisions of the law.
The provisions to be amended:
The decisions of the Register Controller are subject to the controlling of the High Justice Court for registration and rejection of the society and its dissolution for any reason already stated in this law. Imposing penalties for violating the law provisions will be made the Reconciliation Court which falls into the society headquarter.
Five: Disputes Settlement:
The Board approves, based on the suggestion of the Register Controller, a committee or more. Each consists of three members, one at least should be legal, to be responsible for looking into complaints and disputes raised by the members of societies against its administration and these submitted by organization against other. This should not affect the rights of litigation given to the opponents. The board determines by a special regulation the duties of this committee/committee, and scope of its work, and rules that should be observed, limits of commitments to its decisions, and qualifications of its members and their rights and duties.
Six:
Society Support Fund:
It is created by a special system within the register scope and is run by the register controller with the assistance of four Board members. Its revenues consists of the following resources:
1. Allocations which are earmarked to the Fund from public revenues;
2. Grants, donations, gifts which citizens provide, and organizations enlisted in the register.
3. Grants, gifts and donations provided by non-Jordanian persons and entities.
4. Fees and fines which are levied according to provisions of the law and regulations.
5. The system will determine aspects of spending for Fund’s money, and criteria of support to organizations;
6. The register is responsible for coordination and providing forms of cash and in-kind and technical support to the civil society organizations, based on the principle of just distribution taking into the account the efficiency of organization performance and its work scope and its quality.
Seven: Penalties:
General Principles:
The goal of penalty is to protect the right of assembly;
Not to expand in imposing penalties for violating the law provisions;
Provisions stated in penalties law and other existing penal legislations are sufficient;
The provisions to be amended:
Dissolution penalty:
a. The controller has the right to turn to the court to dissolve the society and liquidate its assets at any of the two cases:
If it has not embarked its activities or if stopped to practice them for one full year, though it has been notified to necessarily correct its situation through a 3-month written notice.
if it has not observed the rules of good governance in its internal statute and exercising its activities.
b. The other penal penalties:
Everybody who takes over the administration of the society and did disburse its financial resources over things incompatible with its objectives will be punished by a fine of five hundred to five thousand dinars, and will be obliged to pay the amount he has already dispersed.
- Anybody who receives cash support or funding or in-kind in contrary to the provisions of the law, will be punished by a fine not less than five hundred dinars and not more two thousand dinars.
- The chairman of the administrative board and/or the member assigned to document and keep records will be punished by a fine not less than one hundred dinars and not more than two hundred dinars, for mistakes raised due to omission or negligence to his duties.
- Anybody who commits a violation as a result of not adhering to terms and period necessary for registration will be punished by a fine of a single dinar for each delayed day.
- Anybody who commits an action that is considered as mismanagement or abuse or restriction to rights of membership will be punished by a fine of one hundred to five hundred,
- Anybody who violates provisions of this law will be fined unless there is a provision of a fine of one hundred dinars to one thousand.
Eighth: Incentives and facilities
Civil society organizations are exempted from taxes, fees, sales taxes. All amounts which are donated to registered organizations according to the applicable rules will be reduced from their deductible income of the donor, once submitting an official receipt from the organization for the value of donation.
Ninth: Concluding provisions:
- To explicitly express that registered organizations according to the provisions of the law No. 33 of 1966 are considered legally registered according to the provisions of the new law and no need for a provision requiring correcting its situations.
- Define articles of other laws which should be cancelled under this law and should elaborate the phrase of “as much as it contradicts the provisions of the law”
Jordanian Societies Law ratified by His Majesty King Abdullah II on 17 September 2008
The Council of Representatives
No. 30/23/4/2245
Date: 7/7/2008
Hashemite Jordanian Kingdom
The Prime Minister:
The 15th Council of Representatives has decided in its second session, today, (the 12th) of the extraordinary round of the first regular round held on 6/7/2008, the approval of the draft law No. ( ) of 2008, the Law on Societies as sent by the Government, with making some amendments to it.
We enclose a copy of the draft law to be presented to your esteemed council.
Please accept high regards.
M. Abdul Hadi Al Mujali
Speaker of Parliament
Draft
Law No. ( ) of the Year 2008
Law on Societies
As approved by the Council of Representatives
Article 1
This law shall be called The Law on Societies of 2008, and it is effective ninety (90) days from the date of its publication in the Official Gazette.
Article 2
Whenever the following words or expressions appear in this law they shall have the following definitions
The Ministry: The Ministry of Social Development
The Minister: The Minister of Social Development
The Registry: The registry of societies established in the Ministry pursuant to the provisions of this law.
Controller of the Registry: The Controller of the specific registry pursuant to the provisions of this law.
The Relevant Ministry: The ministry or the official public foundation determined by the Controller of the Ministry to supervise the society and monitor its affairs pursuant to the requirements of this law.
The Relevant Minister: The minister of the Relevant Ministry or the Director of the official foundation, according to the necessities of the situation.
The Fund: A fund of support for the societies, established pursuant to the provisions of this law.
Article 3
A. For the purposes of this law, the word “society” means a legal person comprised of a group of persons registered pursuant to the provisions of this law, to provide services or undertake activities on a volunteer, non-profit basis, without seeking any profit or gain for any of its members, or for any person in particular, and without seeking to realize the political goals of any political parties.
B. The following are excluded the provisions of this law:
1. Any legal person established in accordance with the provision of a special law.
2. The groups and committees registered in accordance with the provision of the Law on the Awqaf and Islamic Affairs, as well as with the Law on Zakat Fund, and the regulations and directives pursuant to it.
3. Non-Moslem denominations registered according to the provisions of the Law on the effective Non-Moslem Denominations Councils.
4. Clubs, associations, and centers registered according to the provisions of the Law of the Supreme Council for Youth and the regulations and directives pursuant to it.
C. The registering of any Masonic society is prohibited in Jordan, as is any Masonic activity.
D. The registering of any society with racist aims is prohibited.
Article 4
A. A registry called “Societies Registry” will be established in the Ministry, supervised by the Controller of the Registry.
B. The Controller of the Registry shall be appointed by a decision of the Council of Ministers in accordance with the agreement of the minister and shall be connected with the minister.
Article 5
A. The Controller of the Registry shall undertake the tasks of organizing and working
with the relevant ministries as follows:
1. Define which ministry relevant to each society in accordance with a particular system created for this purpose.
2. Input societies into the Registry and issue a certificate of registration to each society.
3. Any other mandatory powers or tasks assigned to him, pursuant to the provisions of this law, and regulations and directives issued pursuant it.
B. The Minister shall name the person who will act as a deputy to the Controller of the Registry in the case of the Controller’s absence.
Article 6
A. A group of people, not less than eleven persons, may submit an application for the registration of the society to the Controller of the Registry to register a society on the forms authorized for this purpose. The aforementioned request must be accompanied by three copies of each of the following:
1. A list of the names of the founding members, their personal information including their places of residence, their occupations, their ages, and their qualifications.
2. The society’s official bylaw.
3. A statement signed by all of the founding members in which they state clearly their agreement to the society’s by-laws, as well as the name of the person authorized by the founders to follow through with the preparations for registering, and to receive any notifications, decisions, or correspondence sent by the Controller of the Registry to this end.
B. The provisions which should be stated in [the society’s] by-laws are determined by a special statute issued for this purpose. The statute should include the following:
1. The name of the society.
2. The society’s main headquarters and the geographic scope of its work.
3. The aims and goals of founding the society, clearly expressed and defined.
4. The condition of acquiring membership, and situations of its losses.
5. Fees of membership and the amount of the annual subscriptions;
6. The way by which General Board of the society hold regular and extraordinary meetings and its powers, the legal quorum necessary to convene a meeting, and the mechanisms for making decisions in such meetings.
7. The numbers of members of the Board of Directors, the way in which said members are elected, the legal powers granted to them, the legal quorum necessary for them to convene a meeting, and the mechanisms for making decisions.
8. The society’s sources of funding and means of managing their affairs, including measures ensuring oversight and accuracy.
9. The means of dissolving the society and devolving of its assets.
Article 7
The founding member of each society should meet the following conditions in addition to any other conditions stated in the society’s statute:
A. To be a Jordanian national.
B. To be at least eighteen years of age.
C. To be in full capacity;
D. To have a good character and to not have been previously convicted of any felony or dishonoring crime.
Article 8
The Council of Ministers, acting upon the recommendation of the relevant Minister, agrees to the following:
A. That among the founding members of the society there should be a Jordanian legal person.
B. That the society’s membership should include one or more persons (natural or legal) with whom the society’s financial resources are restricted to the members’ contributions so as to lead to the realization of the society’s aims and goals as stated in the society’s by-laws.
Article 9
Registration of a branch of a society registered in a foreign country for the purposes of rendering services in Jordan is permitted on the condition that neither the main branch nor any of the subsidiary branches are for-profit entities or aim for the realization of any political goals.
The branch of the foreign society will be registered in accordance with the provisions of this law and on the condition that the application for registration should include the name of the foreign society or its main headquarters, its address, the names of its founders, the members of its executive board, and the society’s basic goals, and include the names of those responsible for the branch to be established and the name of their authorized agent, their nationalities, and the means of dealing with the branch’s assets upon its dissolution, just as with requests to register the bylaws of parent societies.
The branch of the foreign society is prohibited to fundraising or receive any funding from within Jordan except with the consent of the Council of Ministers
Article 10
The request for registration is to be submitted along with attachments directly to the Controller of the Registry, or to the Department of Social Development in the Governorate, and in this case the Department must send the request in full to the Controller of the Registry within seven (7) days of the date of its receipt of same.
Immediately after the Controller of the Ministry has received the application, he will verify that the application has fulfilled the information required by Articles 6, 7, 8, and 9 of this law. In the case of any deficiency, the founding members will be notified in writing within fifteen (15) days from the date of the [Controller of the Registry’s] receipt of the application.
Article 11
The Controller of the Registry will determine the competent minister in light of the aims and goals of the society submitting an application for registration and will send the application and its attachments to the relevant minister to issue his decision on the matter in full and in accordance with the provisions of this law within sixty (60) days of the Controller of the Registry’s receipt of the application for registration and its attachments.
If the relevant minister has not issued a decision on the application for registration and also has not provided notification of deficiencies in the application within the period of time stated in Paragraph (A) of this Article, then the application in this case will be deemed legally granted.
If the relevant minister agrees to the request for registration, or if the application was legally granted pursuant to Paragraph B of this article, then the Controller of the Ministry must complete the necessary procedures to enter the society into the Registry within fifteen (15) days of the date of granting of approval.
If the relevant minister denied the application for registration, the Controller of the Ministry will notify the founders of this decision. They are permitted to challenge [the decision] before the High Court of Justice pursuant to the conditions of the active laws.
Upon registering the society in accordance with the provisions of this law, the Controller of the Registry must issue a Certificate of Registration including the name of the society, the location of its headquarters, the geographic scope of its work, and the address at which it will receive correspondence.
The registration of the society will be published in the Official Gazette.
Article 12
Upon its being entered into the Registry, each society will obtain a legal personality and may undertake the necessary actions to realize the aims and goals put forth in the by-laws according to the provisions and conditions specified in this law. The society will also have the right to litigate and hire attorneys.
Article 13
The society is permitted via a 2/3 majority of its General Membership, in addition to the agreement of the relevant minister, to establish in Jordan subsidiary branches related to it administratively and financially.
Every branch of the society will be administered by a representative appointed by the society’s Board of Directors.
Article 14
A. The society must abide by the provisions of this law and regulations and instructions issued pursuant it as well as abiding by the following:
1. To exercise its activities according to its by-laws.
2. To allow anyone who meets the conditions of membership as stipulated in the by-laws to join, unless there is an exception made by decision of the Council of Ministers with the agreement of the Relevant Minister.
3. To inform the Relevant Minister and the Controller of the Registry of the date, location, and schedule of any meeting of the general assembly at least two weeks in advance.
4. To write down and maintain the minutes of the meetings of its Executive Board and the General Assembly, including all decisions issued by them in its headquarters in sequencing manner.
5. To keep financial records that show the Society’s revenues and its expenses.
6. To keep a record of its assets and equipments available with it and any other records necessary to exercise its activities and works according to its bylaw.
B. 1. If the Society has not informed the Relevant Minister or the Controller of Registry in writing of the schedule and scheduled time and place of a meeting of its General Assembly at least two weeks in advance, then the meeting will not be deemed legal.
B. 2. Each of the Relevant Minister and the Controller of Registry will name a representative to attend the meeting of the Society’s General Assembly on his behalf.
C. 1. Without prejudice of the provisions of Paragraph 2 of this article, a decision of the Society’s General Assembly will be considered effective from the date of its being deposited with the Relevant Ministry, and so long as they are consistent with the provisions of this law and with the Society’s by-laws.
C. 2. Prior to the decisions of the General Assembly to be effective, the agreement of the Relevant Minister must be obtained and the decision must be entered into the Registry.
– The election decision of its administrative board.
- The decision of making amendment to any of its bylaw.
Article 15
Members of Board of Directors must fulfill the same conditions as the Founding Members pursuant to the provisions of this law in addition to other conditions stated in its by-law.
Article 16
The Society’s Board of Directors must present the following to the Relevant Ministry:
a. An annual action plan.
b. A yearly report including the Society’s achievements and activities in the previous year, sources of its revenues, and expenditures in addition to any other required documents pursuant to the provisions of this law.
c. An annual budget audited by a legal accountant chosen by the General Assembly of the society. The Relevant Minister has the right to exempt any society whose budget less than two thousand Dinars from being audited and in this case its own financial accounts are to be audited by the relevant ministry.
d. A yearly list of the names of the members.
Article 17
A. The Society must declare in its annual report any grants or donations which it obtained from Jordanian persons, provided that it should record the name of donor.
B. 1. If the Society wants to obtain any contribution, donation or funding from non-Jordanians, whatever its form, it must submit an application to obtain the approval of the Relevant Minister, and in the case of the absence of a decision in the matter after thirty (30) days from the date of its receipt, the application will be deemed legally granted.
2. If the Society has obtained any donation, contribution or funding in violation of Paragraph 1 of this Article, then the Relevant Minister may take the procedures that are deemed appropriate, whether to return contribution, donation or funding to the party which granted it or to transfer it the benefit of the Fund, in addition to any penalties or measures provided for in this law and in the other effective legislations.
C. The Society must deposit all of its funds in one of the public banks in Jordan, and these accounts may not be secret, regardless of what has been stated in any other law.
Article 18
A. The Relevant Ministry may receive any complaint against the society or any of its activity and works, and the Relevant Minister may also form a committee to investigate into these complaints, or pass them immediately to the relevant official bodies pursuant to the needs of the situation.
B. The relevant minister may check the records and accounts of the Society and may also get the assistance of a legal accountant to this end at the expense of the Fund and with the approval of the Board of Directors.
C. For the purposes of the provisions of this Article, the Board of Directors of the Society must undertake the necessary measures required by the Relevant Minister to facilitate the task of the investigation committee and the legal accountant and enable them to carry out the tasks with which they are assigned.
Article 19
A. The Relevant Minister may appoint a temporary Board of Directors for the Society in any of the following cases:
1. If the Board of Directors is unable to convene meetings because of the lack of its legal quorum due to resignation, death, or a similar situation.
2. If the Society has violated any of the provisions of this law or regulation or directives issued pursuant to it or violated the provisions of its bylaw and has not made efforts to eliminate the reasons of this violation within two months from the date of being informed by a written warning.
3. If the Society has violated the provisions of the paragraph © of the Article (18) of this law.
4. If the Society has accepted any donation, support, or funding from any source, without being disclosed, or even having it registered into its financial records.
B. 1. The temporary Board of Directors must invite the General Assembly of the Society to convene within sixty (60) days, as maximum, to elect a new Board of Directors pursuant to the provisions of this law.
B. 2. If the Paragraph 1 of this Article has become impossible to be implemented, the period of the Temporary Board of Directors may be extended for a similar term subject to one-off decision by the relevant minister.
Article 20
The Society will be considered legally dissolved in either of the following two situations:
i. If the Society has not embarked upon its activities or it suspended its activities for a full year.
ii. If it fails to reconcile its situations according to the provisions the Article 28 of this law.
The relevant minister has the right to issue a justified decision to dissolve the Society in any of the following circumstances, and on the condition that a copy of the decision is to be sent to the Controller of the Registry:
i. If it is impossible to elect the Board of Directors according to provisions of the by-laws and the provisions of this law.
ii. If the Society has retained or used contributions or funding from non-Jordanians in violation of the provisions of Paragraph B of Article 17 of this law.
iii. If the Society commits a violation for the second time about which it had previously been warned in accordance with the provisions of the Paragraph 2 of Part A of Article 19, and has not [subsequently] eliminated the causes of this violation within two months month from the date of being informed by a written warning.
iv. If two thirds of the General Assembly has agreed in extraordinary meeting to the dissolution of the Society pursuant to the provisions of the by-laws of the Society.
A challenge to the decision of the relevant minister to dissolve the Society can be made before the High Court of Justice.
Article 21
Any notifications or decisions issued according to the provisions of the this law as well as regulations and instructions pursuant to it, will be delivered to, either via hand delivery to any employee present at the Society's stated address, or by deposit in the mailbox registered for that address, and this depositing is considered a legal notification once fifteen (15) days have elapsed.
If delivery is impossible pursuant to the provisions of Paragraph A of this Article, then it is permissible for delivery to occur once via publication in two local, daily newspapers at the expense of the Society. This publication will be considered legal notification.
A change to the correspondence address of the Society will become effective on the date the Controller of the Registry and the relevant ministry are notified in writing.
Article 22
A fund called "Fund for Support of Societies" will be established in the Ministry. The Fund will aim to support societies. It will enjoy financial and administrative independence, as well as legal personality and will possess both movable and unmovable property and to invest them in the way it deems appropriate. It will be represented in legal processes by the civil general lawyer.
The Fund will be administrated by a committee chaired by the Minister and the membership of the Controller of the Registry as a deputy and one representative for each relevant ministry, in addition to three members from the representatives of the Society who are appointed by a decision by the Council of Cabinet based on the proposal of the Minister for two years that can be renewed for once only. The Council of Ministers has the right to terminate their membership in the same way.
The resources of the Fund consist of the following:
i. The allocations in the general budget
ii. Any donations, contributions, or grants, provided that the Council of Ministers has approved them, should they originate from non-Jordanian sources.
iii. The proceeds of any charitable lottery organized for the purposes of the Fund in accordance with the provisions of a special system issued for this purpose.
iv. The funds of the societies and associations whose legal personality ceases in the absence of other entity to which these fund are devolved.
v. Any sums or contributions from societies or associations which are collected contrary to the provisions of this law and, and regulations and directives issued pursuant to it.
vi. Dividends earned on the investment of he monies of the Fund
vii. Any other sources upon which the Council of Ministers agrees taking into consideration the input of the Administrative Committee of the Fund.
The aspects of expenditures and support for societies from the Fund’s money are determined based on criteria and conditions made by the by the Council of Ministers in accordance with directives issued for this purpose. The Administrative Committee of the Fund is responsible for disbursement in accordance with these directives.
The monies and accounts of the Fund are subject to the supervision of the Audit Bureau.
Article 23
It is permitted to form a union or more for the societies for the purpose of coordinating their efforts in presenting services and engaging in activities, pursuant to the provisions of this law. A special regulation will be issued to specify the types of these unions, the provisions and the terms and conditions of their registration, and all other related societal matters.
The union will have an independent legal personality, and all member societies retain their independent legal personality as well.
The provisions of Articles 14-21, and 25-27 of this law are applicable to [the aforementioned] unions.
Article 24
The merging of two or more registered societies is permitted with the approval of the relevant minister, pursuant to the provisions of this law. The resulting society will become a real and legal entity.
Two or more societies may form a coalition to execute shared programs aiming to realize their aims and goals.
Article 25
Upon the dissolution of a society, all of its assets will devolve to the party determined by the by-laws of the society, whether this party is the Fund or another society with the same goals and aims.
If the by-laws of the society has not determined the fate of the society's assets upon the society's dissolution, then these assets will devolve to the Fund.
Article 26
He will be punished by a decision by the competent court:
Anyone who assumed the administration of the Society’s funds and spent them in contrary to the society's aims and goals, will be punished by a fine not less than one hundred (100) dinars and not more than one thousand (1000) dinars, as well as another fine equivalent to the value of damage.
Anyone who agrees to receive any contribution, support or funding from Jordanian persons, and without declaring the funds or entering them into the records of the society will be punished by a fine not less than one thousand (1000) dinars and not more than ten thousand (10,000) dinars.
Anyone who keeps or uses contributions or funding presented to the society from non-Jordanians and does not declare the funds or enter them into the records of the society, or in the case of keeping or using said funds despite of being denied by the relevant minister is subject to imprisonment of not less than three months or by a fine not less than one thousand dinars and nor more than ten thousand dinars or both penalties.
Article 27
Anyone who is pronounced as guilty pursuant to the provisions of Article 26 of this law is not permitted to be a member of the Board of Directors of any Society.
The funds raised from fines pursuant to Paragraph A of Article 26 are to be devolved to the society.
The funds raised from fines pursuant to Paragraphs B and C of Article 26 are to be devolved to the Fund.
Article 28
Any legal person registered pursuant to the provisions of any previous legislation is considered to be registered according to this law.
i. The societies and unions registered pursuant to the provisions of the Law on Societies and Social Groups No. 33 of 1966 and its amendments.
ii. Any legal person, whatever his form, who was registered pursuant to the provisions of the effective Law on Cultural Preservation.
iii. Any society registered according to the provisions of the Law on the Environment.
iv. Any society registered according to the provisions of the Law on Tourism.
v. Non-profit companies registered according to the provisions of the Law on Companies.
vi. Any society, entity, or Society given the name "Society" pursuant to the provisions of this law and which has been registered pursuant to any legislation currently in force.
Associations in existence on the effective date of this law must reconcile its situations within a period of time not exceeding one year from the effective date of the law. The relevant minister may extend it for period not more than another year.
The relevant minister may issue any necessary directives to enable the societies to make their practices be in consistent with the provisions of this law.
Article 29
The Council of Ministers has the right to issue the necessary regulations to implement the provisions of this law.
Every minister and relevant minister have the right to issue the necessary directives to effect the provisions of this law.
Article 30
The following are hereby superseded and cancelled:
The Law on Societies and Associations No. 33 of 1966 and its amendments.
The provisions of any other law insofar as they oppose the provisions of this law related to the registration of legal persons implied by the provisions of Article 28 of this law.
Article 31
The Prime Minister and the Ministers are hereby commissioned to effect the provisions of this law.
Faiz Al Shawabkah Abdul Hadi Al Majali
General Secretary of Parliament Speaker of Parliament.
Egypt - AHRLA finally authorised to be officially re-registered (2008-10-31)
Egypt - AHRLA finally authorised to be officially re-registered!
Authorities should comply with the Court decision and remove all restrictions against AHRLACopenhagen-Geneva-Paris, October 28, 2008. The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), and the Euro-Mediterranean Human Rights Network (EMHRN) welcome the decision by the Egyptian judiciary to allow the Association of Human Rights and Legal Aid (AHRLA) to continue its activities in Egypt.According to the information received, the Administrative Court in Egypt decided on October 26, 2008 to stop the implementation of the authorities’ order to dissolve and liquidate (AHRLA), a non-governmental organisation providing legal assistance to victims of torture.The Observatory for the Protection of Human Rights Defenders and the EMHRN recall that AHRLA was closed down in September 2007 following an order issued by the Ministry of Solidarity, alleging financial transgressions[1]. AHRLA appealed the Government’s decision to an administrative court, which was due to rule on October 21, 2007. The appeal procedure has been regularly delayed since then.The Observatory for the Protection of Human Rights Defenders and the EMHRN acknowledge this as a positive step towards freedom of association, and encourage the Egyptian judiciary to continue its efforts in this regard.However, the Observatory for the Protection of Human Rights Defenders and the EMHRN remain concerned about the situation of human rights defenders and their organisations in Egypt. The organisations call upon the Egyptian authorities to respect the judiciary decision by ensuring that AHRLA and its members are able to carry out their work without any interference, as well as to end all forms of harassment against human rights defenders in Egypt.More generally, the Observatory for the Protection of Human Rights Defenders and the EMHRN urge the Egyptian authorities to ensure that their legislation complies with international and regional human rights standards on freedom of association, including the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998.
Authorities should comply with the Court decision and remove all restrictions against AHRLACopenhagen-Geneva-Paris, October 28, 2008. The Observatory for the Protection ofHuman Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), and the Euro-Mediterranean Human Rights Network (EMHRN) welcome the decision by the Egyptian judiciary to allow the Association of Human Rights and Legal Aid (AHRLA) to continue its activities in Egypt.According to the information received, the Administrative Court in Egypt decided on October 26, 2008 to stop the implementation of the authorities’ order to dissolve and liquidate (AHRLA), a non-governmental organisation providing legal assistance to victims of torture.The Observatory for the Protection of Human Rights Defenders and the EMHRN recall that AHRLA was closed down in September 2007 following an order issued by the Ministry of Solidarity, alleging financial transgressions[1]. AHRLA appealed the Government’s decision to an administrative court, which was due to rule on October 21, 2007. The appeal procedure has been regularly delayed since then.The Observatory for the Protection of Human Rights Defenders and the EMHRN acknowledge this as a positive step towards freedom of association, and encourage the Egyptian judiciary to continue its efforts in this regard.However, the Observatory for the Protection of Human Rights Defenders and the EMHRN remain concerned about the situation of human rights defenders and their organisations in Egypt. The organisations call upon the Egyptian authorities to respect the judiciary decision by ensuring that AHRLA and its members are able to carry out their work without any interference, as well as to end all forms of harassment against human rights defenders in Egypt.More generally, the Observatory for the Protection of Human Rights Defenders and the EMHRN urge the Egyptian authorities to ensure that their legislation complies with international and regional human rights standards on freedom of association, including the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998.
24/09/2008
Jordan - A delegation of the EMHRN discussed the new Law on Societies during a visit in Jordan
A delegation of the EMHRN discussed the new Law on Societies during a visit in Jordan
A delegation of the Euro-Mediterranean Human Rights Network (EMHRN) consisting of Kamel Jendoubi – President of the EMHRN, Nizam Assaf - Member of the Executive Committee of the EMHRN and Director of the Amman Center for Human Rights Studies (ACHRS), Lina Alqurah – Director of the Gender Project at the EMHRN as well as Anne Sophie Schaeffer – Coordinator of the Euro-Mediterranean Foundation of Support to Human Rights Defenders (EMHRF) met with representatives of the EU Delegation and the French Embassy on the occasion of the endorsement of the new law on societies. The meetings also focused on the necessity for the EC Delegation to raise awareness of Jordan-EU relations among the civil society and to activate the Framework of Action adopted at the Euro-Mediterranean ministerial conference "strengthening the role of women in the society", which enhance the promotion of gender equality and women rights. A meeting was then organized with International NGOs and funding agencies operating in Jordan in order to share common concerns.
The delegation of the EMHRN expressed its concern in light of the restrictive nature of a number of provisions of the law on associations[1]. In fact, the new legislation grants even more discretionary powers over the associations to the administrative authorities.
In particular, the EMHRN is concerned by the fact that the registration of an association will be subject to prior approval by the authorities, rather than mere notification procedure. Furthermore, the association registry will be controlled by an Officer of the registry appointed by the Cabinet on the advice of the Minister. These arrangements will fail to guarantee independent and impartial regulation of associations as required by international standards.
The EMHRN also voiced its deep concerns by the fact that under the law that the Minister concerned and the Officer of the registry may appoint a representative who will be able to sit in on meetings of the general assembly of the association. In addition, certain decisions of the general assembly will be subjected to prior approval by the authorities before becoming valid. Furthermore, associations will be compelled to accept as members, with voting power on the board of directors, anyone who meets the admissibility criteria, with the risk that an association might be infiltrated by agents of the government with the aim of controlling its activities. Associations will also be required to submit a “work program” to the authorities each year; this could also be a way to interfere in their internal affairs and activities.
The law also provides that associations that wish to receive donations, subsidies or any other contributions from non-Jordanian sources must first request permission from the Minister concerned. The law provides that associations that fail to abide by those provisions, which contravene to Article 13 of the Declaration on Human Rights Defenders adopted by the U.N. General Assembly in December 1989, may face a number of penalties, including disbanding following a request by the Minister concerned.
For the reasons stated above, the EMHRN considers that the law on societies, in its present form, does not guarantee adequately the rights of associations in Jordan. Consequently, the EMHRN asks the Jordanian authorities to review and amend it so that it will comply with the principles of international law pertaining to the protection of human rights.
The EMHRN also voiced its deep concerns by the fact that under the law that the Minister concerned and the Officer of the registry may appoint a representative who will be able to sit in on meetings of the general assembly of the association. In addition, certain decisions of the general assembly will be subjected to prior approval by the authorities before becoming valid. Furthermore, associations will be compelled to accept as members, with voting power on the board of directors, anyone who meets the admissibility criteria, with the risk that an association might be infiltrated by agents of the government with the aim of controlling its activities. Associations will also be required to submit a “work program” to the authorities each year; this could also be a way to interfere in their internal affairs and activities.
The law also provides that associations that wish to receive donations, subsidies or any other contributions from non-Jordanian sources must first request permission from the Minister concerned. The law provides that associations that fail to abide by those provisions, which contravene to Article 13 of the Declaration on Human Rights Defenders adopted by the U.N. General Assembly in December 1989, may face a number of penalties, including disbanding following a request by the Minister concerned.
For the reasons stated above, the EMHRN considers that the law on societies, in its present form, does not guarantee adequately the rights of associations in Jordan. Consequently, the EMHRN asks the Jordanian authorities to review and amend it so that it will comply with the principles of international law pertaining to the protection of human rights.
A delegation of the Euro-Mediterranean Human Rights Network (EMHRN) consisting of Kamel Jendoubi – President of the EMHRN, Nizam Assaf - Member of the Executive Committee of the EMHRN and Director of the Amman Center for Human Rights Studies (ACHRS), Lina Alqurah – Director of the Gender Project at the EMHRN as well as Anne Sophie Schaeffer – Coordinator of the Euro-Mediterranean Foundation of Support to Human Rights Defenders (EMHRF) met with representatives of the EU Delegation and the French Embassy on the occasion of the endorsement of the new law on societies. The meetings also focused on the necessity for the EC Delegation to raise awareness of Jordan-EU relations among the civil society and to activate the Framework of Action adopted at the Euro-Mediterranean ministerial conference "strengthening the role of women in the society", which enhance the promotion of gender equality and women rights. A meeting was then organized with International NGOs and funding agencies operating in Jordan in order to share common concerns.
The delegation of the EMHRN expressed its concern in light of the restrictive nature of a number of provisions of the law on associations[1]. In fact, the new legislation grants even more discretionary powers over the associations to the administrative authorities.
In particular, the EMHRN is concerned by the fact that the registration of an association will be subject to prior approval by the authorities, rather than mere notification procedure. Furthermore, the association registry will be controlled by an Officer of the registry appointed by the Cabinet on the advice of the Minister. These arrangements will fail to guarantee independent and impartial regulation of associations as required by international standards.
The EMHRN also voiced its deep concerns by the fact that under the law that the Minister concerned and the Officer of the registry may appoint a representative who will be able to sit in on meetings of the general assembly of the association. In addition, certain decisions of the general assembly will be subjected to prior approval by the authorities before becoming valid. Furthermore, associations will be compelled to accept as members, with voting power on the board of directors, anyone who meets the admissibility criteria, with the risk that an association might be infiltrated by agents of the government with the aim of controlling its activities. Associations will also be required to submit a “work program” to the authorities each year; this could also be a way to interfere in their internal affairs and activities.
The law also provides that associations that wish to receive donations, subsidies or any other contributions from non-Jordanian sources must first request permission from the Minister concerned. The law provides that associations that fail to abide by those provisions, which contravene to Article 13 of the Declaration on Human Rights Defenders adopted by the U.N. General Assembly in December 1989, may face a number of penalties, including disbanding following a request by the Minister concerned.
For the reasons stated above, the EMHRN considers that the law on societies, in its present form, does not guarantee adequately the rights of associations in Jordan. Consequently, the EMHRN asks the Jordanian authorities to review and amend it so that it will comply with the principles of international law pertaining to the protection of human rights.
The EMHRN also voiced its deep concerns by the fact that under the law that the Minister concerned and the Officer of the registry may appoint a representative who will be able to sit in on meetings of the general assembly of the association. In addition, certain decisions of the general assembly will be subjected to prior approval by the authorities before becoming valid. Furthermore, associations will be compelled to accept as members, with voting power on the board of directors, anyone who meets the admissibility criteria, with the risk that an association might be infiltrated by agents of the government with the aim of controlling its activities. Associations will also be required to submit a “work program” to the authorities each year; this could also be a way to interfere in their internal affairs and activities.
The law also provides that associations that wish to receive donations, subsidies or any other contributions from non-Jordanian sources must first request permission from the Minister concerned. The law provides that associations that fail to abide by those provisions, which contravene to Article 13 of the Declaration on Human Rights Defenders adopted by the U.N. General Assembly in December 1989, may face a number of penalties, including disbanding following a request by the Minister concerned.
For the reasons stated above, the EMHRN considers that the law on societies, in its present form, does not guarantee adequately the rights of associations in Jordan. Consequently, the EMHRN asks the Jordanian authorities to review and amend it so that it will comply with the principles of international law pertaining to the protection of human rights.
13/08/2008
Jordan - Joint letter EMHRN - HRW on the occasion of the Association Council between the EU and Jordan, 23 July 2008
Joint letter Euro-Mediterranean Human Rights Network - Human Rights Watch on the occasion of the Association Council between the EU and Jordan, 23 July 2008
To:
The Foreign Ministers of Member States of the European Union
The High Representative of the European Union for the CFSP, Mr. Javier Solana
The Commissioner for External Relations, Ms. Benita Ferrero-Waldner
The Personal Representative of the SG/HR on Human Rights, Ms. Riina Kionka
Brussels, 18 July 2008
Dear Foreign Ministers,
Dear High Representative,
Dear Commissioner,
Dear Personal Representative,
In advance of the European Union – Jordan Association Council Meeting scheduled for July 23, Human Rights Watch and the Euro-Mediterranean Human Rights Network would like to bring to your attention five areas in which Jordan’s human rights performance is either regressing or making limited progress in line with stated goals and commitments between the EU and Jordan. The European Union has in recent years pledged to work more closely with Jordan, notably through the adoption of an Action Plan within the framework of the European Neighborhood Policy, January 2005, and has steadily increased its financial assistance to the country over the past four years. However the human rights chapter of the Action plan is lacking concrete, measurable and time-bound commitments to assess its implementation. In particular, we recommend that a monitoring mechanism is set up with benchmarks for future evaluation. In view of the Association Council, we believe the European Union should seek to obtain Jordan’s commitment to measurable change in the following areas where its laws, policies and practices are at odds with international human rights:
- freedom of association and peaceful assembly
- torture in the prison system
- administrative detention
- intelligence service law enforcement abuses
- women’s rights
We urge you to agree on practical and verifiable Jordanian commitments along the lines of recommendations in the attached memorandum in each of the five areas in order to improve Jordan’s compliance with international human rights standards. Achievements in human rights objectives should form an integral part of the EU’s deepening relations with Jordan, including its assistance program.
Sincerely,
Sarah Leah Whitson
Executive Director
Middle East and North Africa Division
Kamel Jendoubi
President
Euro-Mediterranean HumanHuman Rights Watch Rights Network
Memorandum
In view of the Jordan-European Union Association Council July 18, 2008
1. Freedom of Association and Peaceful Assembly
In June 2008, the government surprised local nongovernmental organizations (NGOs) by putting forward a draft NGO law (Law of Societies) that is every bit as restrictive as a draft that had been put on the parliamentary schedule in October 2007 only days before parliamentary elections. After the parliament did not vote on the draft, the new prime minister, Nader Dahabi, withdrew it in January 2008 following civil society protests and publication of Human Rights Watch’s December 2007 report, “Shutting Out the Critics.”
The Ministry of Social Development led a series of consultations on a new draft NGO law in early 2008. The resulting draft of June 2008 presented NGOs with the prospect of significantly more restrictive work conditions. Both houses of parliament have since passed the law, awaiting King Abdullah’s signature. The government also did not consult with NGOs or political parties on a new draft law on public assembly, which has also passed both houses of parliament.
With respect to both new laws, Jordan has failed to live up to its commitment of increased consultation with civil society on important legislation affecting basic civil liberties.
NGO Law (Law of Societies)
The 1966 law governing NGOs requires that the Ministry of Social Development grant a license before a new organization can function, whereas international best practice recommends a notification-only process of registration. The new NGO law, if signed into law by the king, would continue to give the minister powers to deny without cause an NGO application. If the minister fails to reply within two months, an NGO registration is considered approved, but the law fails to specify how an NGO can document its incorporation to begin legal activities. Particularly troubling, the minister would also be able to insert a government official
among the NGO’s founding members.
The 1966 law and the new NGO law similarly provide for excessive ministerial control over the work of an NGO in violation of freedom of association and other basic rights. Currently, the ministry has law enforcement-style authority to enter NGO facilities at any time and seize any records for any reason. The new NGO law would oblige NGOs to furnish the ministry with copies of their future work plans, and allow the government to audit accounts and review past work. The new NGO law would also severely restrict the range of NGO activities to areas that are not the “domain of political parties,” a broadly worded restriction that is incompatible with the right to free association and expression.
Under the new NGO law, an NGO must inform the ministry in advance of its general assembly meetings. Certain decisions taken there will not be considered lawful until the minister issues approval. Decisions are automatically invalid if prior notice was not given or if a ministerial official was barred from attending general assembly meetings (government attendance is not a necessary condition, however). The minister must also approve the opening of any branch offices of an NGO.
Existing and proposed governmental powers allow the authorities to impose a temporary management of government officials on an NGO or to close it down altogether for minor infractions of the NGO law or the NGO’s own bylaws without first having recourse to the judiciary. The new NGO law would also force NGOs to accept new members with voting rights for its management board, allowing the government to infiltrate and take over an NGO by other means.
The new NGO law also restricts foreign and domestic funding for NGOs, while the 1966 law does not impose such conditions. Jordanian NGOs would need cabinet approval for every single foreign donation, and foreign NGOs in Jordan would need cabinet approval for every single Jordanian donation. Violators who “keep or use” foreign funds without declaring them will receive a minimum three-month prison sentence (a maximum is not specified.)
Assembly Law (Law on Public Gatherings)
The new Assembly Law contains some improvements over the old law, but does not restore the freedom of assembly guaranteed before the existing law introduced drastic restrictions in 2001. Prior to 2001, demonstrations and public gatherings only required notifying the authorities, whereas now organizers of such events have to obtain advance, written approval from the authorities.
The new Assembly Law continues to require prior written approval by the governor in order to hold a public meeting, while reducing the governor’s response time from three to two days and considering a lack of response to be an approval. The governor is still not obliged, however, to justify any refusal to grant permission for any gathering. The new law would exempt from the requirement to seek permission only general assembly meetings of NGOs, professional associations, and political parties, among other legally recognized bodies, “on condition that these meetings and gatherings are linked to the realization of their objectives and in accordance with the legislations regulating their work and activities” (article 3.1). All other meetings and public demonstrations require prior approval. Human Rights Watch’s 2007 report, “Shutting Out the Critics” presented ample recent evidence that governors turn down large numbers of requests for such peaceful gatherings.
The European Union and member states should strongly urge the government of Jordan to:
Rescind the NGO and Assembly Laws;
Start a drafting process to revise the existing Law on Public Gatherings that includes broad civil society participation and assistance by international human rights law experts, and:
o Abolish the requirement for prior approval of any public meeting or demonstration;
o Define the meaning of “public gathering” to include only gatherings in publicly accessible places or those that are open to the public;
Start a drafting process to revise the existing NGO Law to include broad participation by civil society and assistance by international human rights law experts , and:
o Make registration of associations automatic upon formal notification;
o Remove the government’s ability to appoint founding members, impose any form of governmental management, or dissolve an NGO without recourse to the judiciary;
o Remove the law enforcement-type powers of the Ministry of Social Development to enter NGO premises and access files at will;
o Permit funding of NGOs, whether foreign or local, as long as all foreign exchange and customs laws are satisfied.
To:
The Foreign Ministers of Member States of the European Union
The High Representative of the European Union for the CFSP, Mr. Javier Solana
The Commissioner for External Relations, Ms. Benita Ferrero-Waldner
The Personal Representative of the SG/HR on Human Rights, Ms. Riina Kionka
Brussels, 18 July 2008
Dear Foreign Ministers,
Dear High Representative,
Dear Commissioner,
Dear Personal Representative,
In advance of the European Union – Jordan Association Council Meeting scheduled for July 23, Human Rights Watch and the Euro-Mediterranean Human Rights Network would like to bring to your attention five areas in which Jordan’s human rights performance is either regressing or making limited progress in line with stated goals and commitments between the EU and Jordan. The European Union has in recent years pledged to work more closely with Jordan, notably through the adoption of an Action Plan within the framework of the European Neighborhood Policy, January 2005, and has steadily increased its financial assistance to the country over the past four years. However the human rights chapter of the Action plan is lacking concrete, measurable and time-bound commitments to assess its implementation. In particular, we recommend that a monitoring mechanism is set up with benchmarks for future evaluation. In view of the Association Council, we believe the European Union should seek to obtain Jordan’s commitment to measurable change in the following areas where its laws, policies and practices are at odds with international human rights:
- freedom of association and peaceful assembly
- torture in the prison system
- administrative detention
- intelligence service law enforcement abuses
- women’s rights
We urge you to agree on practical and verifiable Jordanian commitments along the lines of recommendations in the attached memorandum in each of the five areas in order to improve Jordan’s compliance with international human rights standards. Achievements in human rights objectives should form an integral part of the EU’s deepening relations with Jordan, including its assistance program.
Sincerely,
Sarah Leah Whitson
Executive Director
Middle East and North Africa Division
Kamel Jendoubi
President
Euro-Mediterranean HumanHuman Rights Watch Rights Network
Memorandum
In view of the Jordan-European Union Association Council July 18, 2008
1. Freedom of Association and Peaceful Assembly
In June 2008, the government surprised local nongovernmental organizations (NGOs) by putting forward a draft NGO law (Law of Societies) that is every bit as restrictive as a draft that had been put on the parliamentary schedule in October 2007 only days before parliamentary elections. After the parliament did not vote on the draft, the new prime minister, Nader Dahabi, withdrew it in January 2008 following civil society protests and publication of Human Rights Watch’s December 2007 report, “Shutting Out the Critics.”
The Ministry of Social Development led a series of consultations on a new draft NGO law in early 2008. The resulting draft of June 2008 presented NGOs with the prospect of significantly more restrictive work conditions. Both houses of parliament have since passed the law, awaiting King Abdullah’s signature. The government also did not consult with NGOs or political parties on a new draft law on public assembly, which has also passed both houses of parliament.
With respect to both new laws, Jordan has failed to live up to its commitment of increased consultation with civil society on important legislation affecting basic civil liberties.
NGO Law (Law of Societies)
The 1966 law governing NGOs requires that the Ministry of Social Development grant a license before a new organization can function, whereas international best practice recommends a notification-only process of registration. The new NGO law, if signed into law by the king, would continue to give the minister powers to deny without cause an NGO application. If the minister fails to reply within two months, an NGO registration is considered approved, but the law fails to specify how an NGO can document its incorporation to begin legal activities. Particularly troubling, the minister would also be able to insert a government official
among the NGO’s founding members.
The 1966 law and the new NGO law similarly provide for excessive ministerial control over the work of an NGO in violation of freedom of association and other basic rights. Currently, the ministry has law enforcement-style authority to enter NGO facilities at any time and seize any records for any reason. The new NGO law would oblige NGOs to furnish the ministry with copies of their future work plans, and allow the government to audit accounts and review past work. The new NGO law would also severely restrict the range of NGO activities to areas that are not the “domain of political parties,” a broadly worded restriction that is incompatible with the right to free association and expression.
Under the new NGO law, an NGO must inform the ministry in advance of its general assembly meetings. Certain decisions taken there will not be considered lawful until the minister issues approval. Decisions are automatically invalid if prior notice was not given or if a ministerial official was barred from attending general assembly meetings (government attendance is not a necessary condition, however). The minister must also approve the opening of any branch offices of an NGO.
Existing and proposed governmental powers allow the authorities to impose a temporary management of government officials on an NGO or to close it down altogether for minor infractions of the NGO law or the NGO’s own bylaws without first having recourse to the judiciary. The new NGO law would also force NGOs to accept new members with voting rights for its management board, allowing the government to infiltrate and take over an NGO by other means.
The new NGO law also restricts foreign and domestic funding for NGOs, while the 1966 law does not impose such conditions. Jordanian NGOs would need cabinet approval for every single foreign donation, and foreign NGOs in Jordan would need cabinet approval for every single Jordanian donation. Violators who “keep or use” foreign funds without declaring them will receive a minimum three-month prison sentence (a maximum is not specified.)
Assembly Law (Law on Public Gatherings)
The new Assembly Law contains some improvements over the old law, but does not restore the freedom of assembly guaranteed before the existing law introduced drastic restrictions in 2001. Prior to 2001, demonstrations and public gatherings only required notifying the authorities, whereas now organizers of such events have to obtain advance, written approval from the authorities.
The new Assembly Law continues to require prior written approval by the governor in order to hold a public meeting, while reducing the governor’s response time from three to two days and considering a lack of response to be an approval. The governor is still not obliged, however, to justify any refusal to grant permission for any gathering. The new law would exempt from the requirement to seek permission only general assembly meetings of NGOs, professional associations, and political parties, among other legally recognized bodies, “on condition that these meetings and gatherings are linked to the realization of their objectives and in accordance with the legislations regulating their work and activities” (article 3.1). All other meetings and public demonstrations require prior approval. Human Rights Watch’s 2007 report, “Shutting Out the Critics” presented ample recent evidence that governors turn down large numbers of requests for such peaceful gatherings.
The European Union and member states should strongly urge the government of Jordan to:
Rescind the NGO and Assembly Laws;
Start a drafting process to revise the existing Law on Public Gatherings that includes broad civil society participation and assistance by international human rights law experts, and:
o Abolish the requirement for prior approval of any public meeting or demonstration;
o Define the meaning of “public gathering” to include only gatherings in publicly accessible places or those that are open to the public;
Start a drafting process to revise the existing NGO Law to include broad participation by civil society and assistance by international human rights law experts , and:
o Make registration of associations automatic upon formal notification;
o Remove the government’s ability to appoint founding members, impose any form of governmental management, or dissolve an NGO without recourse to the judiciary;
o Remove the law enforcement-type powers of the Ministry of Social Development to enter NGO premises and access files at will;
o Permit funding of NGOs, whether foreign or local, as long as all foreign exchange and customs laws are satisfied.
29/07/2008
World Forum on Human Rights in Nantes (France) 30 June – 3 July 2008
World Forum on Human Rights in Nantes (France) 30 June – 3 July 2008 -
Visit the website: http://www.spidh.org/
Visit the website: http://www.spidh.org/
Tunisia - An EMHRN Freedom of Association WG member harassed
Un militant des droits de l’Homme tunisien harcelé à l'aéroport de Tunis-Carthage
Le Réseau euro-méditerranéen des droits de l’Homme (REMDH) est sérieusement préoccupé par de nouveaux actes de harcèlement et d’intimidation à l’encontre de M. Anouar KOUSRI, avocat, vice président de la Ligue Tunisienne pour la défense des Droits de l’homme et membre du groupe de travail du REMDH sur la liberté d’association.
A son retour d’un voyage d’affaires à Paris, dimanche 29 juin 2008, où il a assisté à une conférence de presse d’Amnesty International sur l’application de la loi contre le terrorisme et la torture en Tunisie, M. Anouar KOUSRI a été a été séquestré pendant deux heures et victime d’une agression de la part des autorités policières de l’aéroport international de Tunis Carthage.
De plus du contrôle de son passeport et de ses bagages, il lui a été enjoint d’entrer dans une pièce attenante, pour une fouille au corps complète et humiliante, ce que Maître KOUSRI a refusé, d’autant que les autres voyageurs n’étaient pas soumis à un tel traitement. Contraint de rester dans la zone de douane durant plus de deux heures, il a ensuite été agressé physiquement et emmené de force dans un local sans fenêtre par des policiers en civil, où deux agents de la douane ont tenté, sans succès, de le soustraire à une fouille au corps complète. Le lendemain, lundi 30 juin, une vingtaine d’agents en civil étaient également déployés devant son domicile, pour le contraindre à venir s’expliquer sur les déclarations tenues lors de la conférence de presse à Paris.
Le REMDH est particulièrement préoccupé du fait que cette mesure de harcèlement s’inscrit dans un climat général de fortes intimidations à l’égard des défenseurs des droits de l’Homme tunisiens lorsqu’ils quittent leur pays. Pour la troisième fois en mois de six mois, le REMDH exhorte les autorités tunisiennes à :
Mettre un terme aux harcèlements, intimidations, menaces, et attaques à l’encontre des défenseurs de droits de l’Homme conformément aux dispositions de la déclaration de l’Assemblée générale de l’ONU sur des défenseurs de droits de l'Homme du 9 décembre 1998 ;
Respecter les libertés fondamentales des défenseurs des droits de l’Homme tunisiens, notamment leur liberté de mouvement, d’expression et d’association ;
Respecter les dispositions de l’article 22 du Pacte international sur les droits civils et politiques « Toute personne a le droit de s'associer librement avec d'autres, y compris le droit de constituer des syndicats et d'y adhérer pour la protection de ses intérêts »
Le REMDH invite également les organes de décisions de l’Union européenne à :
Faire respecter les engagements internationaux en matière de droits de l’Homme tels qu’exprimés dans la Déclaration de Barcelone à laquelle la Tunisie a souscrit ;
Assurer le respect de l’article 2 de l’accord d’association UE/Tunisie ainsi que les lignes directrices de l’Union européenne sur les défenseurs des droits de l’Homme.
Le Réseau euro-méditerranéen des droits de l’Homme (REMDH) est sérieusement préoccupé par de nouveaux actes de harcèlement et d’intimidation à l’encontre de M. Anouar KOUSRI, avocat, vice président de la Ligue Tunisienne pour la défense des Droits de l’homme et membre du groupe de travail du REMDH sur la liberté d’association.
A son retour d’un voyage d’affaires à Paris, dimanche 29 juin 2008, où il a assisté à une conférence de presse d’Amnesty International sur l’application de la loi contre le terrorisme et la torture en Tunisie, M. Anouar KOUSRI a été a été séquestré pendant deux heures et victime d’une agression de la part des autorités policières de l’aéroport international de Tunis Carthage.
De plus du contrôle de son passeport et de ses bagages, il lui a été enjoint d’entrer dans une pièce attenante, pour une fouille au corps complète et humiliante, ce que Maître KOUSRI a refusé, d’autant que les autres voyageurs n’étaient pas soumis à un tel traitement. Contraint de rester dans la zone de douane durant plus de deux heures, il a ensuite été agressé physiquement et emmené de force dans un local sans fenêtre par des policiers en civil, où deux agents de la douane ont tenté, sans succès, de le soustraire à une fouille au corps complète. Le lendemain, lundi 30 juin, une vingtaine d’agents en civil étaient également déployés devant son domicile, pour le contraindre à venir s’expliquer sur les déclarations tenues lors de la conférence de presse à Paris.
Le REMDH est particulièrement préoccupé du fait que cette mesure de harcèlement s’inscrit dans un climat général de fortes intimidations à l’égard des défenseurs des droits de l’Homme tunisiens lorsqu’ils quittent leur pays. Pour la troisième fois en mois de six mois, le REMDH exhorte les autorités tunisiennes à :
Mettre un terme aux harcèlements, intimidations, menaces, et attaques à l’encontre des défenseurs de droits de l’Homme conformément aux dispositions de la déclaration de l’Assemblée générale de l’ONU sur des défenseurs de droits de l'Homme du 9 décembre 1998 ;
Respecter les libertés fondamentales des défenseurs des droits de l’Homme tunisiens, notamment leur liberté de mouvement, d’expression et d’association ;
Respecter les dispositions de l’article 22 du Pacte international sur les droits civils et politiques « Toute personne a le droit de s'associer librement avec d'autres, y compris le droit de constituer des syndicats et d'y adhérer pour la protection de ses intérêts »
Le REMDH invite également les organes de décisions de l’Union européenne à :
Faire respecter les engagements internationaux en matière de droits de l’Homme tels qu’exprimés dans la Déclaration de Barcelone à laquelle la Tunisie a souscrit ;
Assurer le respect de l’article 2 de l’accord d’association UE/Tunisie ainsi que les lignes directrices de l’Union européenne sur les défenseurs des droits de l’Homme.
28/07/2008
Europe - European Court of Human Rights finds violations of freedom of association (28/3/2008)
European Court of Human Rights finds violations of freedom of association (Affaire TOURKIKI ENOSI XANTHIS ET AUTRES c. Greece and Case of PİROĞLU AND KARAKAYA v. TURKEY)
Tunisia - A new EMHRN Freedom of Association working group member harassed at the customs (14/4/08)
Nouvelles mesures de harcèlement à l’encontre d’un défenseur des droits de l’Homme en Tunisie
Le Réseau euro-méditerranéen des droits de l’Homme (REMDH) est sérieusement préoccupé par de nouveaux actes de harcèlement et d’intimidation à l’encontre de M. Khémaïs CHAMMARI, ancien membre de l’Assemblée Nationale, membre individuel du REMDH et membre du Conseil d’administration de la Fondation euro-méditerranéenne de soutien aux défenseurs des droits de l’Homme.
De retour d’un séjour professionnel en Europe le 3 avril dernier, M. Khémaïs CHAMMARI a fait l’objet de nouvelles mesures vexatoires de la part des agents des douanes de l’aéroport international de Tunis Carthage. Outre le contrôle systématique de ses bagages et de ses effets personnels dont il fait l’objet lors de chacun de ses déplacements, il lui a été demandé de se soumettre à une fouille corporelle. Face à son refus déterminé de se soumettre à cette mesure provocatrice, et de surcroît sans fondement légal, il a fallu plus d’une demie heure de tractations pour mettre un terme à cet incident qui n’a d’autre visée que d’intimider et d’humilier M. Khémaïs CHAMMARI, dont la mobilité physique est par ailleurs réduite.
Le REMDH constate avec une vive préoccupation que cette nouvelle mesure d’intimidation s’inscrit dans le cadre d’une campagne sécuritaire visant à harceler les défenseurs des droits de l’Homme en Tunisie en entravant leur libre déplacement à l’étranger. Le REMDH a, dans ce contexte, déjà exprimé son indignation suite à l’agression brutale et aux mauvais traitements subis par Mme BENSEDRINE et M. MESTIRI à la douane du port de Tunis.
Le Réseau réaffirme sa solidarité avec M. Khémaïs CHAMMARI ainsi qu’avec tous les défenseurs des droits de l’Homme tunisiens dans l’exercice de leur mission. Il enjoint les autorités tunisiennes de :
Mettre un terme aux harcèlements, intimidations, menaces, et attaques à l’encontre des défenseurs de droits de l’Homme conformément aux dispositions de la déclaration de l’Assemblée générale de l’ONU sur des défenseurs de droits de l'Homme du 9 décembre 1998 ;
Respecter les libertés fondamentales des défenseurs des droits de l’Homme tunisiens, notamment leur liberté de mouvement, d’expression et d’association ;
Le REMDH invite également les organes de décisions de l’Union européenne à :
Faire respecter les engagements internationaux en matière de droits de l’Homme tels qu’exprimés dans la Déclaration de Barcelone à laquelle la Tunisie a souscrit ;
Assurer le respect de l’article 2 de l’accord d’association UE/Tunisie ainsi que les lignes directrices de l’Union européenne sur les défenseurs des droits de l’Homme.
Le Réseau euro-méditerranéen des droits de l’Homme (REMDH) est sérieusement préoccupé par de nouveaux actes de harcèlement et d’intimidation à l’encontre de M. Khémaïs CHAMMARI, ancien membre de l’Assemblée Nationale, membre individuel du REMDH et membre du Conseil d’administration de la Fondation euro-méditerranéenne de soutien aux défenseurs des droits de l’Homme.
De retour d’un séjour professionnel en Europe le 3 avril dernier, M. Khémaïs CHAMMARI a fait l’objet de nouvelles mesures vexatoires de la part des agents des douanes de l’aéroport international de Tunis Carthage. Outre le contrôle systématique de ses bagages et de ses effets personnels dont il fait l’objet lors de chacun de ses déplacements, il lui a été demandé de se soumettre à une fouille corporelle. Face à son refus déterminé de se soumettre à cette mesure provocatrice, et de surcroît sans fondement légal, il a fallu plus d’une demie heure de tractations pour mettre un terme à cet incident qui n’a d’autre visée que d’intimider et d’humilier M. Khémaïs CHAMMARI, dont la mobilité physique est par ailleurs réduite.
Le REMDH constate avec une vive préoccupation que cette nouvelle mesure d’intimidation s’inscrit dans le cadre d’une campagne sécuritaire visant à harceler les défenseurs des droits de l’Homme en Tunisie en entravant leur libre déplacement à l’étranger. Le REMDH a, dans ce contexte, déjà exprimé son indignation suite à l’agression brutale et aux mauvais traitements subis par Mme BENSEDRINE et M. MESTIRI à la douane du port de Tunis.
Le Réseau réaffirme sa solidarité avec M. Khémaïs CHAMMARI ainsi qu’avec tous les défenseurs des droits de l’Homme tunisiens dans l’exercice de leur mission. Il enjoint les autorités tunisiennes de :
Mettre un terme aux harcèlements, intimidations, menaces, et attaques à l’encontre des défenseurs de droits de l’Homme conformément aux dispositions de la déclaration de l’Assemblée générale de l’ONU sur des défenseurs de droits de l'Homme du 9 décembre 1998 ;
Respecter les libertés fondamentales des défenseurs des droits de l’Homme tunisiens, notamment leur liberté de mouvement, d’expression et d’association ;
Le REMDH invite également les organes de décisions de l’Union européenne à :
Faire respecter les engagements internationaux en matière de droits de l’Homme tels qu’exprimés dans la Déclaration de Barcelone à laquelle la Tunisie a souscrit ;
Assurer le respect de l’article 2 de l’accord d’association UE/Tunisie ainsi que les lignes directrices de l’Union européenne sur les défenseurs des droits de l’Homme.
Lebanon - Solida registered as an association (25/3/2008)
Le Centre Libanais des Droits Humains a finalement reçu son numéro d’enregistrement (N° 218) auprès du Ministère de l’Intérieur libanais, après près de 16 mois d’attente
Tunisia - EMHRN Freedom of Association working group member harassed at the Tunis customs
La lauréate du « Prix pour la Paix 2008 » et un activiste des droits humains sévèrement attaqués par la police tunisienne
Le Réseau euro-méditerranéen des droits de l’Homme (REMDH) condamne fermement l’agression et les mauvais traitements dont ont été victimes Sihem Bensedrine (porte parole du Conseil National pour les Libertés en Tunisie (CNLT) et secrétaire générale de l’Observatoire pour la Liberté de Presse, d’Edition et de Création (OLPEC)) et Omar Mestiri (directeur de la rédaction de Kalima et membre du Groupe de travail du REMDH sur la liberté d’association), lundi 3 mars 2008.
S. Bensedrine et O. Mestiri ont été arrêtés à la douane du port de Tunis alors qu’ils rentraient d’un séjour en Europe. Leurs bagages, notamment leurs livres et documents personnels, ont été minutieusement fouillés, avant qu’un important groupe d’agents de la Sûreté de l’Etat intervienne et exige de voir le contenu de leurs ordinateurs portables. Suite à leur refus en l’absence d’un mandat du procureur de la République, les douaniers ont demandé à Mme Bensedrine et à M. Mestiri de les suivre dans un bureau, prétextant une formalité administrative. Une fois à l’intérieur, ils ont été séquestrés et sévèrement violentés par des agents de police, qui leur ont confisqué, avec brutalité, leurs ordinateurs et téléphones portables. Peu de temps après, ils ont été enjoints à une fouille corporelle et à de nouvelles violences qui ont gravement porté atteinte à leur intégrité physique et à leur intimité.
Après avoir été retenus pendant six heures, S. Bensedrine et O. Mestiri ont été autorisés à quitter la zone de douane, mais le contenu de leurs ordinateurs a été copié sur un disque dur externe et près d’une soixantaine de documents numériques saisis, sans remise d’un document officiel à cet effet comme cela est pourtant la règle. Mme Sihem Bensedrine a plusieurs hématomes sur le corps et souffre de lésions des ligaments au poignet gauche (entorse) et du coude.
Le REMDH exprime sa plus vive préoccupation sur le fait que cette agression fait suite de quelques jours au « Prix pour la Paix 2008 » décerné par la Fondation danoise pour la Paix (Fredsfonden) à Mme Sihem Bensedrine, et que des roughs du documentaire « Breaking the torture machine », réalisé par le CNLT et dénonçant la torture en Tunisie, ont été confisqués. Ces attaques touchent l’essence même de leur rôle et de leur combat en faveur des droits humains.
Le REMDH réaffirme sa solidarité avec S. Bensedrine et O. Mestiri ainsi qu’avec les défenseurs des droits de l’Homme en Tunisie et appelle les autorités tunisiennes à :
Mettre un terme aux attaques à l’encontre des défenseurs de droits de l'Homme conformément aux dispositions de la déclaration de l’Assemblée Générale de l’ONU sur des défenseurs de droits de l'Homme du 9 décembre 1998 ;
Ouvrir sans délai une enquête indépendante sur ces violations graves des droits humains, dont les résultats devront être rendus publics et les auteurs sanctionnés.
Le REMDH invite également les organes de décisions de l’Union européenne à :
Faire respecter les engagements internationaux en matière de droits de l’Homme tels qu’exprimés dans la Déclaration de Barcelone à laquelle la Tunisie a souscrit ;
Assurer le respect de l’article 2 de l’accord d’association UE/Tunisie ainsi que les lignes directrices de l’Union européenne sur les défenseurs des droits de l’Homme.
25/07/2008
All the region - ICNL Report (21/3/08)
Defending Civil Society Report (Report available in English, French and Arabic)
Turkey - The Association Lambda Istanbul Shut Down
EMHRN - Stop the Persecution Against Minorities’ Rights, The Association Lambda Istanbul Turkey Shut Down, 9/6/08
The Association Lambda Istanbul Shut Down
Stop the Persecution Against Minorities’ Rights
The Euro-Mediterranean Human Rights Network (EMHRN) expresses its deep concerns after a Turkish court’s decision to dissolve the association, Lambda Istanbul, which defends lesbian, gay, bisexual, and transgender (LGBT) people’s human rights in Turkey.
The EMHRN reiterates its commitment to defend and to promote in Turkey, as well as in all the Euro-Mediterranean region, human rights “without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” according to Article 2 of the Universal Declaration of Human Rights.
Active in Istanbul since 1993, Lambda Istanbul registered as an association in May 2006. However, the City Government of Istanbul claimed the association’s statutes as unlawful and immoral and filed a lawsuit against the organisation in 2007. The sixth hearing of the case took place on 29 May, 2008 in Beyoğlu 3rd Civil Court of First Instance, and the local court made a decision to shut down the Lambda Istanbul, despite a report by legal experts stating that the association is not against the law or public morality.
The EMHRN is concerned that the Court’s decision did not take into account the legal report in its judgment, but based its justification on procedural grounds. Such justifications were not mentioned by the Governor’s Office, the judge or the prosecutor during the hearing. It seems therefore that the decision is most likely linked to the activities of the association, which impedes Freedom of Association according to international law.
The EMHRN reiterates its commitment to protect minorities’ rights when they are threatened or persecuted. It therefore calls upon the Turkish authorities to:
Respect the principles of the Universal Declaration of Human Rights, in particular its article 1 “All human beings are born free and equal in dignity and rights” ;
Ensure the full respect of Article 11 of the European Convention on Human Rights, which protects freedom of association. Any “drastic measure [leading to dissolution] requires very serious reasons by way of justification before it could be considered proportionate to the legitimate aim pursued; it would be warranted only in the most serious cases”;
Allow the association Lambda Istanbul to pursue its activities.
The Association Lambda Istanbul Shut Down
Stop the Persecution Against Minorities’ Rights
The Euro-Mediterranean Human Rights Network (EMHRN) expresses its deep concerns after a Turkish court’s decision to dissolve the association, Lambda Istanbul, which defends lesbian, gay, bisexual, and transgender (LGBT) people’s human rights in Turkey.
The EMHRN reiterates its commitment to defend and to promote in Turkey, as well as in all the Euro-Mediterranean region, human rights “without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” according to Article 2 of the Universal Declaration of Human Rights.
Active in Istanbul since 1993, Lambda Istanbul registered as an association in May 2006. However, the City Government of Istanbul claimed the association’s statutes as unlawful and immoral and filed a lawsuit against the organisation in 2007. The sixth hearing of the case took place on 29 May, 2008 in Beyoğlu 3rd Civil Court of First Instance, and the local court made a decision to shut down the Lambda Istanbul, despite a report by legal experts stating that the association is not against the law or public morality.
The EMHRN is concerned that the Court’s decision did not take into account the legal report in its judgment, but based its justification on procedural grounds. Such justifications were not mentioned by the Governor’s Office, the judge or the prosecutor during the hearing. It seems therefore that the decision is most likely linked to the activities of the association, which impedes Freedom of Association according to international law.
The EMHRN reiterates its commitment to protect minorities’ rights when they are threatened or persecuted. It therefore calls upon the Turkish authorities to:
Respect the principles of the Universal Declaration of Human Rights, in particular its article 1 “All human beings are born free and equal in dignity and rights” ;
Ensure the full respect of Article 11 of the European Convention on Human Rights, which protects freedom of association. Any “drastic measure [leading to dissolution] requires very serious reasons by way of justification before it could be considered proportionate to the legitimate aim pursued; it would be warranted only in the most serious cases”;
Allow the association Lambda Istanbul to pursue its activities.
Syria - Political and Human Rights Activists Detainees in Syria (8/1/08)
Damascus Center for Human Rights Studies (DCHRS )
On December 12, 2007, (International Day for Human Rights), the State Security in Syria (General Security or al-Mukhabarat al-Ammah) conducted a campaign during which the Syrian authorities rounded up approximately forty persons in several cities in Syria. This new escalation of attacks on the Opposition and human rights activists in Syria comes as a response to the arrestees’ participation in the general political meeting called upon by the leadership of the Damascus Declaration. This meeting took place in Damascus at the first of December ,2007 and resulted in the election of the National Syrian Council for Democratic Change.
Among those arrested:
1. Najaty Tayarah,
2. Usama Ashur,
3. Fawwaz Tillo,
4. Jabr Al-Shufi,
5. Bashir Al-Sadi,
6. Fawzi Hamadah,
7. Khalaf Al-Zarsur,
8. Faysal Azzawy,
9. Fuaad Iylya,
10. Radif Mustafa,
11. Zardasht Muhammad,
12. Pyar Rustum,
13. Hasan Zyno,
14. Ghazi, Qaddur,
15. Ahmad Taama,
16. Samir Nashshar,
17. Pier Rustum,
18. Kamel Abbas,
19. Nasr Said,
20. Fawwaz Al-hamis,
21. Suhail Al-Dakhil,
22. Mukhlis Shaqra,
23. Ghalib Amer,
24. Yusuf Sayasinah,
25. Muhammad Jabr Al-Masalimah,
26. Ali Al-Jihmany,
27. Ismail Umar,
28. Ismail Al-Hamud,
29. Khalaf Al-Jarbua,
30. Muhammad Zaki Al-Huaydi,
31. Muwaffak Nayrabuyah.
Each one was arrested in their respective cities.
On the following day, December 11, 2007, between 12 AM and 1 AM, the Syrian regime released:
1. Radif Mustafa,
2. Zardasht Muhammad,
3. Pyar Rustum,
4. Pier Rustum,
5. Kamel Abbas,
6. Nasr Said,
7. Fawwaz Al-hamis,
8. Suhail Al-Dakhil,
9. Mukhlis Shaqra,
10. Ghalib Amer,
11. Yusuf Sayasinah,
12. Muhammad Jabr Al-Masalimah,
13. Ali Al-Jihmany,
14. Ismail Umar,
15. Ismail Al-Hamud,
16. Khalaf Al-Jarbua,
17. Muhammad Zaki Al-Huaydi,
18. Najaty Tayyarah,
19. Muwaffak Nayrabuyah,
20. Usama Ashur,
- Meanwhile, the Syrian regime kept imprisoned the following:
Dr. Ahmad Taama (Dayr al-Zur),
Jabr Al-Shufi (Alswayda),
Additionally, the police transferred both Ahmad Taama (Dayr al-Zur) and Jabr Al-Shufi (Alswayda), to Damascus.
Following is some background information about several of those remaining in custody and the circumstances of their arrest, as it is available.
Dr. Ahmad Taama was born in Dayr al-Zur (1965) He is the father of four children. He has degree in dentistry. He was elected last month as a member in the Secretary of the National Syrian Council for Democratic Change.
A Secret Police officer came to his office on the evening of December 9, 2007, and led him away. Since that date he has been held in detention by the Syrian Secret Police.
Jabr Al-Shufi was born in al-Suwayda (1947) He is the father of three children , He has a degree in Arabic literature. He worked in the education field for many years. He suffers from arthritis.
He was elected last month as a member in the general Secretary leadership of the National Syrian Council for Democratic Change. A Secret Police officer came to his home around 5 pm on December 9, 2007, and led him away. Since that date he has been held in detention by the Syrian Secret Police.
- On December 11, 2007, the Syrian Secret Police requested Mrs. Fida Akram Hurani, M.D. to come to the offices of the State Security Intelligence in Hama, where she was arrested and remains in detention to this day.
Fida Akram Hurani was born in Damascus (1956) She has a family and a young son (Muhhammad Alyan.) She received her medical degree from the University of Baghdad with the specialization in OB/GYN. In 1982, she founded the Hurani Hospital in Hamma and she is its active president. She suffers from critical health conditions due to a stomach tumor. This condition forced her into a coma for 2 weeks in 1996, and she still suffers from its consequences.
On December 1st, 2007, she was elected the president of the National Syrian Council for Democratic Change. She has published several articles concerning public affairs and its political, social, and cultural dimensions. She recently published a comparative study of the constitutional systems in Syria from the early 1950s to the 1970s.
- On December 12, 2007, around 9 am, Secret Police officers came to the home of Mr. Akram Al-Bunni and led him away after he promised his family a quick return. Since that date, he has been held in detention by the Syrian Secret Police.
Mr. Akram Al-Bunni was born in Hama (1956) Father of a daughter (lawyer), he was a political detainee of the Syrian Secret Police for more than seventeen years. He is a human rights activist . He is suffering from digestive system problems (ulcer and colon.) He had an angioplasty soon after his release from his detention. He was elected last month as member in the Secretary of the National Syrian Council for Democratic Change.
- On December 17, 2007, the Syrian Secret Police arrested Dr. Waleed Al-Bunni, Dr. Muhammad Yaser Al-Ayty and the author Ali Al-Abdallah, from their respective homes in Damascus.
While Dr. Waleed Al-Bunni, M.D., was leaving his house in Al-Tal (near Damascus) to go to his clinic at 5 pm on December 17, 2007, he was stopped by a patrol of the Syrian Secret Police and was driven away to an undisclosed location.
Dr. Waleed Al-Bunni M.D., was born in Al-Tal (1964.) He got his medical degree from the University of Budapest , Hungary, with the specialization in Ear, Nose and Throat (ENT).
He was a professor at the University of Damascus before his first detention. He was detained on September 9th, 2001, because his activities during the period of “ Damascus Spring “. He was set free on January 17, 2005. He was a founding member of the Democratic Dialogue Forum which formerly was held in the home of Mr. Ryad Sayf, an ex-member of the Syrian Parliament. He participated in founding the committees of Civil Societies Revival and the Human Rights Society in 2001. He is married and has three children.
Dr. Muhammad Yaser Al-Ayty M.D., was born in Ryad (1968.) He is a father of three children. He got his medical degree from the University of Damascus. He has his specialization in Internal Medicine from UK Universities. He has delivered many lectures in human development and has organized several training workshops and symposiums. He has translated more than twenty books into Arabic, including works in genetic engineering and human development. He participated in last month's meeting and was elected as a member of the General Secretary of the National Syrian Council for Democratic Change.
- A patrol of five Secret Police Officers came to the house of Ali Al-Abdallah and led him to an undisclosed location. Ali Al-Abdallah was born in Dar Al-Zur (1950.) His son Umar Al-Abdallah is currently detained in the prison of Sednaya with the incident that is known as the “Students' Group.”
Ali Abdallah is a graduate of the University of Damascus Philosophy College in 1973. He is a journalist. In 1994, he was arrested at the Damascus International Airport on his return from Tunisia. He was released six months later. He has published many articles and research in local and international affairs. He writes for several Arabic publications such as Al-Hayat, Al-Safir, and Al-Khalije among others.
He was arrested in 2005 because of his activities in the Jamal Al-Atasi’s Forum for National and Democratic Dialogue. He was set free after six months in jail and released by a presidential amnesty. He was arrested in March 2006 with his son Muhammad because of his participation of a peaceful vigil in front of the High Court of State Security. He spent six months in detention.
Mr. Abdallah was elected as a member of the General Secretary of the National Syrian Council for Democratic Change.
- On January 2, 2008, the Secret Police arrested Mr. Rashid Al-Sattuf around 10 pm on January 2, 2008, the Secret Police arrested him from his home in the city of Al-Raqqah and led him to an undisclosed location.
After three days , Mr. Al-Sattuf was set free in the evening of January 5, 2007.
- On January 3, 2008, the Secret Police arrested the Journalist Fayez Sarah
Because of his participation in the meeting of the National Syrian Council for Democratic Change, the Syrian Secret Police has arrested the journalist Sarah at around 10 am on January 3, 2008, and led him to undisclosed location.
Mr. Sarah was born in Jayroud near Damascus (1950.) He is married and has four children. He writes in many Arabic publications including: Al-Hayat (UK), Al-Safir (Lebanon), Al-Mustaqbal (Lebanon), Al-Nur (Syria), and AL-Arab al-yaum (Jordan).
He has authored many books including the Encyclopedia of the Arabic Cartoon (two volumes.)
All these activists were arrested by Information Security Branch, ( Called Branch 255 ) . this branch followed by State Security in Syria (General Security Administration or Al-Mukhabarat Al-Ammah) . This branch is headed by Colonel Zuhayr Al-Hamd. The branch is under the authority of the Major General Ali Mamluk.
All detainees were held in a single room measuring 2 X 0.8 meters (2.6 X 6.6 feet).
During their detention and interrogation, the detainees were physically tortured. This includes slapping, kicking, boxing and beating on the face and other parts of the body. Colonel Zuhayr Al-Hamd personally conducted the beatings and torture.
Our source confirmed that Fayez Sarah was tortured with several beatings.And we can confirm that Mr. Akram Al-Bunni has some problems in his health condition.
On December 12, 2007, (International Day for Human Rights), the State Security in Syria (General Security or al-Mukhabarat al-Ammah) conducted a campaign during which the Syrian authorities rounded up approximately forty persons in several cities in Syria. This new escalation of attacks on the Opposition and human rights activists in Syria comes as a response to the arrestees’ participation in the general political meeting called upon by the leadership of the Damascus Declaration. This meeting took place in Damascus at the first of December ,2007 and resulted in the election of the National Syrian Council for Democratic Change.
Among those arrested:
1. Najaty Tayarah,
2. Usama Ashur,
3. Fawwaz Tillo,
4. Jabr Al-Shufi,
5. Bashir Al-Sadi,
6. Fawzi Hamadah,
7. Khalaf Al-Zarsur,
8. Faysal Azzawy,
9. Fuaad Iylya,
10. Radif Mustafa,
11. Zardasht Muhammad,
12. Pyar Rustum,
13. Hasan Zyno,
14. Ghazi, Qaddur,
15. Ahmad Taama,
16. Samir Nashshar,
17. Pier Rustum,
18. Kamel Abbas,
19. Nasr Said,
20. Fawwaz Al-hamis,
21. Suhail Al-Dakhil,
22. Mukhlis Shaqra,
23. Ghalib Amer,
24. Yusuf Sayasinah,
25. Muhammad Jabr Al-Masalimah,
26. Ali Al-Jihmany,
27. Ismail Umar,
28. Ismail Al-Hamud,
29. Khalaf Al-Jarbua,
30. Muhammad Zaki Al-Huaydi,
31. Muwaffak Nayrabuyah.
Each one was arrested in their respective cities.
On the following day, December 11, 2007, between 12 AM and 1 AM, the Syrian regime released:
1. Radif Mustafa,
2. Zardasht Muhammad,
3. Pyar Rustum,
4. Pier Rustum,
5. Kamel Abbas,
6. Nasr Said,
7. Fawwaz Al-hamis,
8. Suhail Al-Dakhil,
9. Mukhlis Shaqra,
10. Ghalib Amer,
11. Yusuf Sayasinah,
12. Muhammad Jabr Al-Masalimah,
13. Ali Al-Jihmany,
14. Ismail Umar,
15. Ismail Al-Hamud,
16. Khalaf Al-Jarbua,
17. Muhammad Zaki Al-Huaydi,
18. Najaty Tayyarah,
19. Muwaffak Nayrabuyah,
20. Usama Ashur,
- Meanwhile, the Syrian regime kept imprisoned the following:
Dr. Ahmad Taama (Dayr al-Zur),
Jabr Al-Shufi (Alswayda),
Additionally, the police transferred both Ahmad Taama (Dayr al-Zur) and Jabr Al-Shufi (Alswayda), to Damascus.
Following is some background information about several of those remaining in custody and the circumstances of their arrest, as it is available.
Dr. Ahmad Taama was born in Dayr al-Zur (1965) He is the father of four children. He has degree in dentistry. He was elected last month as a member in the Secretary of the National Syrian Council for Democratic Change.
A Secret Police officer came to his office on the evening of December 9, 2007, and led him away. Since that date he has been held in detention by the Syrian Secret Police.
Jabr Al-Shufi was born in al-Suwayda (1947) He is the father of three children , He has a degree in Arabic literature. He worked in the education field for many years. He suffers from arthritis.
He was elected last month as a member in the general Secretary leadership of the National Syrian Council for Democratic Change. A Secret Police officer came to his home around 5 pm on December 9, 2007, and led him away. Since that date he has been held in detention by the Syrian Secret Police.
- On December 11, 2007, the Syrian Secret Police requested Mrs. Fida Akram Hurani, M.D. to come to the offices of the State Security Intelligence in Hama, where she was arrested and remains in detention to this day.
Fida Akram Hurani was born in Damascus (1956) She has a family and a young son (Muhhammad Alyan.) She received her medical degree from the University of Baghdad with the specialization in OB/GYN. In 1982, she founded the Hurani Hospital in Hamma and she is its active president. She suffers from critical health conditions due to a stomach tumor. This condition forced her into a coma for 2 weeks in 1996, and she still suffers from its consequences.
On December 1st, 2007, she was elected the president of the National Syrian Council for Democratic Change. She has published several articles concerning public affairs and its political, social, and cultural dimensions. She recently published a comparative study of the constitutional systems in Syria from the early 1950s to the 1970s.
- On December 12, 2007, around 9 am, Secret Police officers came to the home of Mr. Akram Al-Bunni and led him away after he promised his family a quick return. Since that date, he has been held in detention by the Syrian Secret Police.
Mr. Akram Al-Bunni was born in Hama (1956) Father of a daughter (lawyer), he was a political detainee of the Syrian Secret Police for more than seventeen years. He is a human rights activist . He is suffering from digestive system problems (ulcer and colon.) He had an angioplasty soon after his release from his detention. He was elected last month as member in the Secretary of the National Syrian Council for Democratic Change.
- On December 17, 2007, the Syrian Secret Police arrested Dr. Waleed Al-Bunni, Dr. Muhammad Yaser Al-Ayty and the author Ali Al-Abdallah, from their respective homes in Damascus.
While Dr. Waleed Al-Bunni, M.D., was leaving his house in Al-Tal (near Damascus) to go to his clinic at 5 pm on December 17, 2007, he was stopped by a patrol of the Syrian Secret Police and was driven away to an undisclosed location.
Dr. Waleed Al-Bunni M.D., was born in Al-Tal (1964.) He got his medical degree from the University of Budapest , Hungary, with the specialization in Ear, Nose and Throat (ENT).
He was a professor at the University of Damascus before his first detention. He was detained on September 9th, 2001, because his activities during the period of “ Damascus Spring “. He was set free on January 17, 2005. He was a founding member of the Democratic Dialogue Forum which formerly was held in the home of Mr. Ryad Sayf, an ex-member of the Syrian Parliament. He participated in founding the committees of Civil Societies Revival and the Human Rights Society in 2001. He is married and has three children.
Dr. Muhammad Yaser Al-Ayty M.D., was born in Ryad (1968.) He is a father of three children. He got his medical degree from the University of Damascus. He has his specialization in Internal Medicine from UK Universities. He has delivered many lectures in human development and has organized several training workshops and symposiums. He has translated more than twenty books into Arabic, including works in genetic engineering and human development. He participated in last month's meeting and was elected as a member of the General Secretary of the National Syrian Council for Democratic Change.
- A patrol of five Secret Police Officers came to the house of Ali Al-Abdallah and led him to an undisclosed location. Ali Al-Abdallah was born in Dar Al-Zur (1950.) His son Umar Al-Abdallah is currently detained in the prison of Sednaya with the incident that is known as the “Students' Group.”
Ali Abdallah is a graduate of the University of Damascus Philosophy College in 1973. He is a journalist. In 1994, he was arrested at the Damascus International Airport on his return from Tunisia. He was released six months later. He has published many articles and research in local and international affairs. He writes for several Arabic publications such as Al-Hayat, Al-Safir, and Al-Khalije among others.
He was arrested in 2005 because of his activities in the Jamal Al-Atasi’s Forum for National and Democratic Dialogue. He was set free after six months in jail and released by a presidential amnesty. He was arrested in March 2006 with his son Muhammad because of his participation of a peaceful vigil in front of the High Court of State Security. He spent six months in detention.
Mr. Abdallah was elected as a member of the General Secretary of the National Syrian Council for Democratic Change.
- On January 2, 2008, the Secret Police arrested Mr. Rashid Al-Sattuf around 10 pm on January 2, 2008, the Secret Police arrested him from his home in the city of Al-Raqqah and led him to an undisclosed location.
After three days , Mr. Al-Sattuf was set free in the evening of January 5, 2007.
- On January 3, 2008, the Secret Police arrested the Journalist Fayez Sarah
Because of his participation in the meeting of the National Syrian Council for Democratic Change, the Syrian Secret Police has arrested the journalist Sarah at around 10 am on January 3, 2008, and led him to undisclosed location.
Mr. Sarah was born in Jayroud near Damascus (1950.) He is married and has four children. He writes in many Arabic publications including: Al-Hayat (UK), Al-Safir (Lebanon), Al-Mustaqbal (Lebanon), Al-Nur (Syria), and AL-Arab al-yaum (Jordan).
He has authored many books including the Encyclopedia of the Arabic Cartoon (two volumes.)
All these activists were arrested by Information Security Branch, ( Called Branch 255 ) . this branch followed by State Security in Syria (General Security Administration or Al-Mukhabarat Al-Ammah) . This branch is headed by Colonel Zuhayr Al-Hamd. The branch is under the authority of the Major General Ali Mamluk.
All detainees were held in a single room measuring 2 X 0.8 meters (2.6 X 6.6 feet).
During their detention and interrogation, the detainees were physically tortured. This includes slapping, kicking, boxing and beating on the face and other parts of the body. Colonel Zuhayr Al-Hamd personally conducted the beatings and torture.
Our source confirmed that Fayez Sarah was tortured with several beatings.And we can confirm that Mr. Akram Al-Bunni has some problems in his health condition.
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