World Forum on Human Rights in Nantes (France) 30 June – 3 July 2008 -
Visit the website: http://www.spidh.org/
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.
29/07/2008
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.
Palestine - PCHR Condemns IOF Measures against Nablus Charities (8/7/2008)
PCHR strongly condemns Israeli Occupation Forces (IOF) for closing several charities and humanitarian organizations in Nablus over the past two days. The Centre calls upon the international community to intervene to put an end to these measures that are a flagrant violation of the right to association.
The Center’s preliminary investigation indicates that at approximately 1:35 on Monday, 7 July, IOF raided the Benevolent Solidarity Association, the Islamic School for Girls, Benevolent Solidarity Club, Solidarity Mosque, and Solidarity Medical Center in Rafedia Quarter west of Nablus. IOF confiscated medical equipment and computers from the medical center. In addition, IOF issued an order closing the association for 3 years. The order was signed by the Israeli army commander in the West Bank.
At approximately 1:00 on Tuesday, 8 July, IOF raided several organizations affiliated with Hamas. IOF closed 7 organizations for 2 years. IOF claimed that these organizations were used to “finance terrorist organizations.” The organizations that were closed are: Nablus Mall (owned by the Development, Investment, and Insurance Company), Nafha Association for Prisoners’ Affairs; Federation of Islamic Trade Unions, Scientific Medical Assocaiton, Yazour Benevolent Society, Basma Association, and Graduates Cultural Forum.
PCHR’s fieldworker obtained a copy of the military order closing the Nablus Mall that was dated 6 July and signed by Gadi Aluf, Israeli army commander in the West Bank. The order states, “Based on the jurisdiction granted to me under articles 120, 84, 129 of the Defense Regulations (State of Emergency) for the year 1945 … I hereby order the confiscation of all properties of “Beit El-Mal Arab Palestinian, LTD that is also known as the Development, Investment, and Insurance Company, including the real estate known as the Nablus Commercial Center (Nablus Mall). Ownership of the property and all its equipment is directly transferred to the Israeli Defense Forces with immediate effect. The administration offices of the Nablus Commercial Center and all unrented property is closed for 2 years starting with the date of receiving this order. Any person wishing to object to t his order can submit a written complaint through the Legal Advisor for Judia and Samaria within 14 days from receiving the order.”
It is noted that the Defense Minister, Ehud Barak, signed this week an order closing 36 charities worldwide under the pretext that they are illegal for being members in the “Zakat Federation” that collects money for Hamas. The Israeli newspaper of Haaretz indicated yesterday that Israeli security forces will escalate their war on the Hamas infrastructure in the West Bank; and that the military leadership plans to close a large number of associations and charities and confiscate their property under the pretext that they are affiliated with Hamas.
PCHR strongly condemns these arbitrary measures that violate the right to association and constitute a form of collective punishment that is banned by International Humanitarian Law. The Centre calls upon the international community to intervene and put an end to these measures, especially since the targeted organizations are legally registered and provide humanitarian assistance to needy Palestinian families during these times of increased poverty.
The Center’s preliminary investigation indicates that at approximately 1:35 on Monday, 7 July, IOF raided the Benevolent Solidarity Association, the Islamic School for Girls, Benevolent Solidarity Club, Solidarity Mosque, and Solidarity Medical Center in Rafedia Quarter west of Nablus. IOF confiscated medical equipment and computers from the medical center. In addition, IOF issued an order closing the association for 3 years. The order was signed by the Israeli army commander in the West Bank.
At approximately 1:00 on Tuesday, 8 July, IOF raided several organizations affiliated with Hamas. IOF closed 7 organizations for 2 years. IOF claimed that these organizations were used to “finance terrorist organizations.” The organizations that were closed are: Nablus Mall (owned by the Development, Investment, and Insurance Company), Nafha Association for Prisoners’ Affairs; Federation of Islamic Trade Unions, Scientific Medical Assocaiton, Yazour Benevolent Society, Basma Association, and Graduates Cultural Forum.
PCHR’s fieldworker obtained a copy of the military order closing the Nablus Mall that was dated 6 July and signed by Gadi Aluf, Israeli army commander in the West Bank. The order states, “Based on the jurisdiction granted to me under articles 120, 84, 129 of the Defense Regulations (State of Emergency) for the year 1945 … I hereby order the confiscation of all properties of “Beit El-Mal Arab Palestinian, LTD that is also known as the Development, Investment, and Insurance Company, including the real estate known as the Nablus Commercial Center (Nablus Mall). Ownership of the property and all its equipment is directly transferred to the Israeli Defense Forces with immediate effect. The administration offices of the Nablus Commercial Center and all unrented property is closed for 2 years starting with the date of receiving this order. Any person wishing to object to t his order can submit a written complaint through the Legal Advisor for Judia and Samaria within 14 days from receiving the order.”
It is noted that the Defense Minister, Ehud Barak, signed this week an order closing 36 charities worldwide under the pretext that they are illegal for being members in the “Zakat Federation” that collects money for Hamas. The Israeli newspaper of Haaretz indicated yesterday that Israeli security forces will escalate their war on the Hamas infrastructure in the West Bank; and that the military leadership plans to close a large number of associations and charities and confiscate their property under the pretext that they are affiliated with Hamas.
PCHR strongly condemns these arbitrary measures that violate the right to association and constitute a form of collective punishment that is banned by International Humanitarian Law. The Centre calls upon the international community to intervene and put an end to these measures, especially since the targeted organizations are legally registered and provide humanitarian assistance to needy Palestinian families during these times of increased poverty.
Palestine - New decree seriously infriges freedom of association (26/6/07)
Paris – Geneva, June 26, 2007 - The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), expresses its deepest concern regarding a decree issued on June 20, 2007 by President Mahmoud Abbas, which seriously restricts freedom of association in the OPT. According to the information received by the Palestinian Centre for Human Rights (PCHR), this decree is based on the state of emergency announced by President Abbas on 14 June 2007. In particular, its article 1 grants the Palestinian Minister of Interior “the authority to review all permits for associations and organisations issued by the Ministry of Interior or any governmental source.” The second article gives the Minister of Interior or any person delegated by the Minister the power to “take any steps deemed necessary against associations and organisations with the intent of closure, amendment, or any other action.” Article 3 points that “all organisations and associations must submit new registration applications within one week; and all who violate this directive are subject to the law.” This decree contradicts the right to establish organisations guaranteed by article 26 of the Amended Basic Law for 2003, stating Palestinians’ right to “Establish unions, associations, federations, clubs, and public organizations in accordance with the law.” Moreover, these provisions contradict international human rights standards relative to freedom of association, in particular the provisions of the Universal Declaration of Human Rights (article 20) and those of the United Nations Declaration on Human Rights Defenders, which article 5b states that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others at national and international levels, to form, join and participate in non-governmental organisations, associations or groups.”The Observatory fears that this decree be a first step in the Palestinian government’s strategy to crackdown on independent civil society under the pretext of the state of emergency, putting at risk the continuity of the work and very existence of human rights organisations. The Observatory calls the Palestinian authorities to cancel the adoption of the decree and to conform, in any circumstances, with the constitutional right to establish civil society organisations and international standards regarding freedom of association. The Observatory also calls the authorities to publicly recognise the role of independent human rights organisations in the prevention of conflicts and the establishment of peace, and to keep civil society out of the current crisis, preserving its independence, and ensuring the continuity of its work. Finally, the Observatory urges the European Union to grant particular attention to the impact of the current crisis on the work of independent human rights organisations and to the protection of human rights defenders, in accordance with the EU Guidelines on Human Rights Defenders.
Jordan - EMHRN-HRW Joint letter on the Jordan's law on associations (17/06/08)
Letter 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.
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 mprovements 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.
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 mprovements 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.
Jordan - draft law on associations - July 2008
Draft Law No. ( ) for the year 2008 (NON OFFICIAL TRANSLATION)
The Law of Associations (or the Law of Nongovernmental Organizations)
Article (1)
This law shall be called the Law of Associations for the year 2008, and it shall be enacted from the date of its publication in the official gazette.
Article (2)
For the purpose of applying the provisions of this Law, the meaning of the terms and expressions hereinafter shall be as follows, unless otherwise indicated in the context.
The Ministry: The Ministry of Social Development
The Minister: The Minister of Social Development
The Register: The Register of associations, established at the Ministry in accordance with the provisions of this Law.
The Register’s Official: The Register’s Official appointed in accordance with the provisions of this Law.
The Competent Ministry: The Ministry or official public institution determined by the Register’s Official to supervise the association and follow up on its issues, in accordance with the provisions of this Law.
The Competent Minister: The Minister of the Competent Ministry or the general director of the official public institution, in accordance with the situation.
The Fund: The Fund in support of associations established in accordance with the provisions of this Law.
Article (3)
For fulfilling the purposes of this Law, the word “association” shall refer to any body corporate comprised of a group of persons registered in accordance with the provisions of this Law to provide services or implement activities on a voluntary basis, without aiming to make and split profit or achieve any benefit to any of its members or any other particular person or achieve political goals that fall within the framework of objectives pertaining to political parties.
The following shall be excluded from the provisions of this Law:
Any body corporate established in accordance with the provisions of a private law.
Committees and councils registered in accordance with the provisions of the effective Law of Islamic Affairs (Awqaf) and the Law of Al-Zakat Fund and the regulations and instructions pursuant to these laws.
Clubs, committees and centers registered in accordance with the provisions of the effective Law of the Higher Council for Youth and the regulations pursuant to it and the instructions pursuant to either the Law or its regulations.
It is forbidden to register any Masonic association, and the activities of Masons shall be forbidden in the Kingdom.
It is forbidden to register any association with racial purposes.
Article (4)
A Register is established within the Ministry and shall be named “the register of associations”, which is monitored by the Register’s Official.
The Register’s Official shall be appointed through a decree issued by the Council of Ministers based on the recommendation of the Minister.
Article (5)
a. The Register’s Official shall be responsible for the following tasks, through coordination and cooperation with the competent ministries:
Determine the competent ministry within each association in accordance with a special regulation issued for this purpose.
Register associations in the Register and issue a registration certificate for each.
Any duties and other authorities entrusted in accordance with the provisions of this Law and the regulations and instructions pursuant to it.
b. The Minister shall appoint the representative of the Register’s Official in his absence.
Article (6)
It is permissible for a group of persons, whose number is not lesser than the number determined in accordance with a special regulation issued for this purpose, to file an application with the Register’s Official requesting the registration of the association in accordance with the application format adopted for this purpose. The aforementioned application shall include three copies for each of the following documents:
A list of the names of the founding members and their personal information, which includes their place of residence, their occupations, ages and qualifications.
The main statute of the association.
A statement signed by all the founding members indicating their approval of the main statute of the association, and the name of the person appointed by the founding members to follow up on the registration procedures and inform about any notifications, decisions or correspondence issued by the Register’s Official for this purpose.
Provisions that should appear in the main statute of the association shall be determined in accordance with a special regulation issued for this purpose, provided that the main statute includes the following:
The name of the association.
The headquarters of the association and the geographical scope of its activities.
The goals and objectives for the establishment of the association listed accurately and clearly.
Conditions for accepting members or discharging their memberships.
Membership fees and annual memberships.
The manner in which the general assembly of the association is held during ordinary and extraordinary meetings, the authorities of this assembly and the quorum for holding these meetings and the mechanisms in which decisions are taken.
The number of board members, the manners in which they are elected, their authorities and the quorum for holding their meetings and the manner in which decisions are taken.
Funding resources of the association and the manner in which financial issues are handled, controlled and audited.
Rules for dissolving the association and parties to which the association’s property will devolve.
Article (7)
Taking into consideration the provisions stipulated in Article (8) of this Law, any founding member of any association shall abide by the following conditions, in addition to any conditions that appear in the association’s main statute:
That he/she has a Jordanian citizenship.
That he/she is over 18 years old.
That he/she is fully qualified.
That he/she has a good reputation and conduct and never been convicted of any dishonorable felony or crime.
Article (8)
The Council of Ministers shall have the right to approve the following, based on a recommendation from the Competent Minister:
That a legal Jordanian person not affiliated to any other association is among the founding members of the association.
That membership in the association is restricted to one or more persons (legal or natural) and that the financial resources of the association are restricted to what its members offer and to what leads to achieving the goals and objectives of the association as they appeared in its main statute.
Article (9)
It is permissible to register a branch of a registered association in a foreign country for the purpose of providing its services in the Kingdom, provided that the association’s main headquarters or any of its branches are not based on profit-making or sharing or achieving benefit to any of the members or any other particular person or achieving any political goals.
A branch of the foreign association shall be registered in accordance with the provisions of this Law, provided that the application for registration includes the name of the foreign association, its headquarters, the names and addresses of its founders and board members, its main objectives, the names and nationalities of persons responsible for the branch to be established and the name of the person representing them, the manner in which funds pertaining to the branch are handled after the branch is dissolved. The main statute of the mother association should be attached with the application for registration.
It is not permissible for the foreign branch of the association to collect donations or obtain any funding from within the Kingdom without the approval of the Competent Minister.
Article (10)
The application for registration and all affiliated documents shall be provided directly to the Register’s Official or the Directorate of Social Development within the governorate. In this case, the Directorate shall send the application for registration in complete form to the Register’s Official within seven days from its receipt.
The instant the Register’s Official receives the application for registration, he ensures its adherence to the requirements of articles 6, 7, 8 and 9 of this Law, and in the case of missing information, the Register’s Official shall notify the founders in writing within a period not exceeding 15 days from the receipt of the application.
Article (11)
a. The Register’s Official shall determine the Competent Ministry according to the goals and objectives of the association to be registered, and sends the application form and all relevant documents to the Competent Minister so that he in turn issues a decision regarding the application within a period of 60 days from receipt of the application and all relevant documents completely and in accordance with the requirements of the provisions of this Law and the regulations and instructions pursuant to it.
b. If the Competent Minister does not issue a decision regarding the application for registration or a notification of missing information in the application within the period determined in clause (a) from this article, the application shall be considered accepted by law.
c. If the Competent Minister decides to approve the application for registration or the approval was made by a ruling in accordance within clause (b) from this article, the Register’s Official shall complete the necessary procedures to register the association in the Register within a period of 15 days from the date of this approval.
d. If the Competent Minister refuses to approve the application for registration, the Register’s Official shall notify the founders of this decision, which may be appealed before the Higher Court of Justice (Supreme Court) in accordance with effective legislations.
e. Upon registering an association in accordance with the provisions of this Law, the Register’s Official shall issue a registration certificate that includes the name of the association, its headquarters, the geographical scope of its work and the address to which it may be contacted.
f. The registration of the association shall be published in the official gazette.
Article (12)
Every association, upon its registration in the Registry, shall have a body corporate, and shall have the right to conduct the necessary work and actions to achieve the goals and objectives stipulated in its main statute, and in accordance with the provisions and conditions stipulated in this Law and the regulations and instructions pursuant to it, and shall have the right to resort to the judiciary (press charges) and appoint lawyers.
Article (13)
a. The association shall have the right to establish branches within the Kingdom that are connected to it administratively and financially, through a decision made by the General Assembly and through a majority of two thirds of its members and with the approval of the Competent Ministry.
b. Every branch of the association shall have a representative who is responsible for managing it, appointed by the association’s Board of Directors.
Article (14)
a. The association shall comply with the provisions of this Law and the regulations and instructions pursuant to it. It shall also implement and comply with the following:
1. Practice its works and activities in accordance with its main statute.
2. Open the opportunity for membership for every person who adheres to the membership conditions in accordance with the association’s main statute, should these provisions not be excluded, through a decision issued by the Council of Ministers based on the recommendation of the Competent Minister.
3. Notify the Competent Minister and the Register’s Official about the date, location and work agenda of the meeting of the association’s General Assembly at least two weeks prior to its implementation.
4. Note and chronologically file the meeting minutes of the association’s Board of Directors and General Assembly and the decisions issued by each at the association’s headquarters.
5. Book-keeping financial records that indicate the association’s resources and the manner in which they are expended.
6. Book-keeping a record of the association’s assets or any other records determined by the Competent Minister or the Register’s Official.
b.1. If the association does not notify the Competent Minister and the Register’s Official in writing about the date, location and agenda of the meeting of its General Assembly at least two weeks prior to the meeting date, the meeting shall not be considered legal.
b.2. The Competent Minister and the Register’s Official shall have the right to appoint a representative to attend the meeting of the association’s General Assembly.
c.1. Taking into consideration the provisions set forth in point “2” from this clause, the decisions made by the association’s General Assembly shall be considered effective from the date of their deposit at the Competent Ministry, as long as these decisions are in accordance with the provisions of this Law and the association’s main statute.
c.2. It is obligatory to obtain the approval of the Competent Minister prior to the execution of the following decisions of the General Assembly and registering them in the Register:
- The decision of electing the association’s Board of Directors.
- The decision to make any amendments to any of the provisions set forth in the association’s main statute, pertaining to any of the goals and objectives of its establishment, the means to achieve them, or their source of funding or expenditures or the accrual of funds upon dissolution or controlling the association’s stocks.
Article (15)
a. Any member within the association’s Board of Directors shall comply with the conditions set forth for the founding members in accordance with the provisions of this Law, in addition to other conditions set forth in the association’s main statute.
b. No person shall be permitted to be the Chairman of the Board for a period exceeding two consecutive cycles, unless with the approval of the Competent Minister or his representative.
c. No person shall be permitted to be a member of the association’s Board of Directors for a period exceeding four consecutive cycles, unless with the approval of the Competent Minister or his representative.
Article (16)
The association’s Board of Directors shall provide the Competent Ministry with the following:
a. The annual work plan.
b. An annual report that includes the association’s achievements and activities in the previous year, its resources and expenditures, in addition to information required by the regulations and instructions issued in accordance with the provisions of this Law.
c. An annual budget audited by a legal auditor who was elected by the association’s General Assembly. The Competent Minister shall have the right to exempt any association whose budget is lesser than 2000 Jordanian Dinars from auditing.
d. Copies of the decisions of the Board of Directors, unless the Competent Minister decides to exempt the association from that.
e. An annual list with the names of the association’s members.
Article (17)
a. The association shall declare in its annual report about any grants or donations obtained from Jordanian individuals.
b.
1. If the association wishes to receive any donation or grant or funding of any sort from non-Jordanians, it shall provide an application to obtain the approval of the Competent Minister. In case a decision is not made over the application within a period of 30 days from its receipt, the application shall be considered accepted by law.
2. If the association receives any donation or grant or funding that does not comply with the provisions of point (1) in this clause, the Competent Minister shall have the right to take the measures he deems necessary to either return the donation or grant or funding to its source or transfer for the benefit of the Fund. This, in addition to any other penalties or solutions or measures stipulated in this Law and effective legislations.
c. The association shall deposit all its funds at one of the banks within the Kingdom, and these accounts shall not enjoy banking confidentiality (or shall be transparent), despite what is stipulated in other regulations.
Article (18)
a. The Competent Ministry shall receive complaints filed against associations or any of their work or activities, and the Competent Minister shall form a committee to investigate these complaints or directly refer them to competent official bodies, depending on the situation.
b. The Competent Ministry shall audit the files and accounts of the association and shall have the right to refer to a legal accountant for this purpose at the expense of the Fund and with the approval of it administrative committee.
c. For the purpose of fulfilling the provisions of this article, the association’s Board of Directors shall do whatever is necessary from measures and arrangements requested by the Competent Minister for the purpose of facilitating the duty of the investigation committee and the legal accountant, to enable them to conduct their designated duties.
Article (19)
a. The Competent Minster shall appoint a temporary board of directors for the association to replace the Board of Directors in any of the following cases:
1. If the association’s Board of Directors fails to hold its meetings due to the loss of its quorum as a result of resignation or death, or any similar circumstance.
2. If the association violates any of the provisions stipulated in this Law or the regulations and instructions pursuant to it, or if it violates the provisions set forth in its main statute and does not clarify the reasons of the violation within a period of one month from the date of its notification in writing.
3. If the association violates the provisions set forth in clause (c) in article (18) of this Law.
4. If the association accepts any donation or support or funding from any source without revealing it or registering it in its financial records and reports.
b.
1. The temporary board of directors is obliged to invite the association’s General Assembly for a meeting within a period of 60 days at most to elect a new Board of Directors in accordance with this Law and the regulations and instructions pursuant to it.
2. If applying the provisions set forth in point (1) of this clause fails, the temporary board of directors is permitted to make an extension for the same period of time through a decision from the Competent Minister.
3. According to the provisions set forth in point (1) of this clause, members of the dissolved Board of Directors are not permitted to be members in the first elected Board of Directors following the appointment of the temporary board of directors, unless through an approval from the Competent Minister.
Article (20)
a. The association shall be considered legally dissolved in any of the following cases:
1. If it discontinues its work or ceases to practice it for a period of one year.
2. If it fails to coordinate its situation in accordance with the provisions set forth in article (28) from this Law.
b. The Competent Minister has the right to issue a grounded decision for dissolving the association in any of the following circumstances, and a copy of this decision shall be sent to the Register’s Official:
1. When failing to elect the association’s Board of Directors in accordance with the provisions of its main statute and the provisions of this Law and the regulations and instructions pursuant to it.
2. If the association keeps or uses a donation or funding received from non-Jordanians, violating the provisions of clause (b) in article (17) from this Law.
3. If the association commits for the second time the violation it had been previously notified for in accordance with the provisions of point (2) in clause (a) from article (19) and did not clarify the reasons for this violation within a period of one month from the date of its notification in writing.
4. If two thirds of the members of the Board of Directors agree to dissolve the association during an extraordinary meeting in accordance with the provisions set forth in the association’s main statute.
c. It is permissible to appeal to the decision of the Competent Minister to dissolve the association before the Supreme Court.
Article (21)
a. The association shall be notified about any notifications or decisions issued in accordance with the provisions of this Law and the regulations and instructions pursuant to it. Notifications shall be sent to the association’s address indicated in its registration certificate and shall be either delivered by hand to any employee available at the aforementioned address or sent via registered mail. This deposit shall be considered a legal notification after 15 days from the date of deposit have passed.
b. If notification fails in accordance to clause (a) in this article, it is permissible to make the notification by publishing it in two local daily newspapers one time at the expense of the association, and this notification shall be considered legal.
c. Any change in the certified address for the association’s correspondence shall only count from the date the Register’s Official and the competent court are notified in writing about the change of address.
Article (22)
a. A fund known as “the association’s support Fund” shall be established at the Ministry to support associations. This Fund shall enjoy a body corporate and financial and administrative independence, and shall have the right to own fixed and transferable properties and invest them in the manner it deems appropriate. The representative of the Fund in legal procedures is the civil public attorney or an attorney appointed for this purpose.
b. The administration of the Fund shall be the responsibility of a committee headed by the Minister and the membership of the Register’s Official as vice president and one representative for every Competent Ministry.
c. The Fund’s financial resources are comprised of the following:
1. Funds allocated in the general budget.
2. Any endowments or donations or grants, provided they are approved by the Council of Ministers if they are from non-Jordanian sources.
3. Profit from any charitable raffle organized for the purpose of this Fund in accordance with the provisions of a special regulation issued for this purpose.
4. The funds of associations and unions whose body corporate expires without the existence of a party to which the funds are transferred in accordance with the provisions of this Law.
5. Any sums of money or donations collected from associations and unions ???? (not clear) against the provisions of this Law and the regulations and instructions pursuant to it.
6. Profit from investment of Fund’s money.
7. Any other sources approved by the Council of Ministers based on a recommendation from the fund’s administrative committee.
d. Expenditures and support for associations are determined by the Fund’s money based on principles and conditions determined by the Council of Ministers in accordance with instructions issued for this purpose. The Fund’s administrative committee shall be responsible for expenditures in accordance with these instructions.
e. The Fund’s money and accounts shall be under the supervision and monitoring of the accounting department.
Article (23)
a. It is permissible, based on the circumstance, to form a single union or more for associations for the purpose of coordinating their efforts in providing their services and implementing their activities in accordance with the provisions of this Law and the regulations and instructions pursuant to it. A regulation shall be issued to determine the types of these unions and the provisions for their registration and all other organizational matters pertaining to associations.
b. The union shall have an independent body corporate, and all associations pertaining to the union shall maintain their independent body corporate.
c. The provisions set forth from article 14 to article 21 and from article 25 to article 28 of this Law shall be applied on the union.
Article (24)
a. It is permissible, with the approval of the Competent Minister, to merge two or more associations registered in accordance with the provisions of this Law if these associations share the same goals and objectives. The association formed as a result of this merger shall become a legal and realistic successor for merged associations.
b. It is permissible for two or more associations to form a coalition between them to implement a joint program that aims at achieving their goals and objectives.
Article (25)
a. All the association’s assets that have not been dissolved shall be transferred to the party determined in the association’s main statute, provided that this party is either the Fund or another association that shares the same goals and objectives.
b. If the association’s main statute does not determine the destiny of the association’s assets upon its suspension or fails to transfer funds to the party determined within the main statute, then these assets shall be transferred to the Fund.
Article (26)
Taking into consideration the strictest punishment that appeared in any other laws:
a. A fine no less than 100 Jordanian Dinars and no more than 1,000 Jordanian Dinars shall be imposed on whoever manages the funds of the association and spent them on things other than those related to achieving the association’s goals and objectives, and another fine that is equivalent to the value of the damage incurred.
b. A fine no less than 1,000 Jordanian Dinars and no more than 10,000 Jordanian Dinars shall be imposed on whoever agrees to accept any donation or support or funding from Jordanians without declaring them or registering them in the association’s records accordingly.
c. Imprisonment for a period no less than three months shall be imposed on whoever keeps or uses the donation or funding provided for the association by non-Jordanians, when the transaction is not declared or registered in the association’s records accordingly, or when the money is kept or used following its rejection by the competent minister.
Article (27)
a. It is not permissible for a person who was convicted in accordance with the provisions of article (26) from this Law to be a member in the association’s Board of Directors.
b. Fines set forth in accordance with the provisions of clause (a) in article (26) from this Law shall be transferred to the association.
c. Fines set forth in accordance with the provisions of clause (b) and (c) in article (26) from this Law shall be transferred to the Fund.
Article (28)
a. Any body corporate registered in accordance with the provisions of any laws indicated hereunder prior to the expiration of this Law shall be considered effective as if registered in accordance with its provisions (not clear):
1. Societies and associations registered in accordance with the provisions of the Societies and Social Bodies Law number 33 for the year 1966 and its amendments.
2. Any body corporate with any characteristic or form registered in accordance with the provisions of the effective Law on the Protection of Culture.
3. Any association registered in accordance with the provisions of the effective Environmental Law.
4. Any association registered in accordance with the provisions of the effective Tourism Law.
5. Not for profit companies registered in accordance with the provisions of the effective Law of Corporations and the regulations and instructions pursuant to it. Any association or organization or institution to which the term “association” applies in accordance with the provisions of this Law, and registered in accordance with the provisions of any of the effective and operative laws.
b. For the purposes of this Law, any religious bodies and priesthoods shall be considered an association and shall coordinate its situation in accordance with the provisions of this Law.
c. Associations established on the date of enforcement of this Law shall coordinate their status within a period not exceeding one year from the date of enforcement of this Law, and the competent minister has the right to extend this period for no more than an additional year.
d. The competent minister has the right to issue any necessary instructions to enable associations to coordinate their status in accordance with this Law.
Article (29)
a. The Council of Ministers has the right to issue laws necessary for the implementation of the provisions of this Law.
b. The competent ministry and minister have the right to issue instructions necessary for the implementation of the provisions of this Law and the regulations and instructions pursuant to it.
Article (30)
The following shall be abolished:
a. the Societies and Social Bodies Law number 33 for the year 1966 and its amendments.
b. The provisions of any other law conflicting with the provisions of this Law, including provisions pertaining to the registration of legal persons included in the provisions of article (28) from this Law.
Article (31)
The Prime Minister and the ministers shall be responsible for implementing the provisions of this Law.
The Law of Associations (or the Law of Nongovernmental Organizations)
Article (1)
This law shall be called the Law of Associations for the year 2008, and it shall be enacted from the date of its publication in the official gazette.
Article (2)
For the purpose of applying the provisions of this Law, the meaning of the terms and expressions hereinafter shall be as follows, unless otherwise indicated in the context.
The Ministry: The Ministry of Social Development
The Minister: The Minister of Social Development
The Register: The Register of associations, established at the Ministry in accordance with the provisions of this Law.
The Register’s Official: The Register’s Official appointed in accordance with the provisions of this Law.
The Competent Ministry: The Ministry or official public institution determined by the Register’s Official to supervise the association and follow up on its issues, in accordance with the provisions of this Law.
The Competent Minister: The Minister of the Competent Ministry or the general director of the official public institution, in accordance with the situation.
The Fund: The Fund in support of associations established in accordance with the provisions of this Law.
Article (3)
For fulfilling the purposes of this Law, the word “association” shall refer to any body corporate comprised of a group of persons registered in accordance with the provisions of this Law to provide services or implement activities on a voluntary basis, without aiming to make and split profit or achieve any benefit to any of its members or any other particular person or achieve political goals that fall within the framework of objectives pertaining to political parties.
The following shall be excluded from the provisions of this Law:
Any body corporate established in accordance with the provisions of a private law.
Committees and councils registered in accordance with the provisions of the effective Law of Islamic Affairs (Awqaf) and the Law of Al-Zakat Fund and the regulations and instructions pursuant to these laws.
Clubs, committees and centers registered in accordance with the provisions of the effective Law of the Higher Council for Youth and the regulations pursuant to it and the instructions pursuant to either the Law or its regulations.
It is forbidden to register any Masonic association, and the activities of Masons shall be forbidden in the Kingdom.
It is forbidden to register any association with racial purposes.
Article (4)
A Register is established within the Ministry and shall be named “the register of associations”, which is monitored by the Register’s Official.
The Register’s Official shall be appointed through a decree issued by the Council of Ministers based on the recommendation of the Minister.
Article (5)
a. The Register’s Official shall be responsible for the following tasks, through coordination and cooperation with the competent ministries:
Determine the competent ministry within each association in accordance with a special regulation issued for this purpose.
Register associations in the Register and issue a registration certificate for each.
Any duties and other authorities entrusted in accordance with the provisions of this Law and the regulations and instructions pursuant to it.
b. The Minister shall appoint the representative of the Register’s Official in his absence.
Article (6)
It is permissible for a group of persons, whose number is not lesser than the number determined in accordance with a special regulation issued for this purpose, to file an application with the Register’s Official requesting the registration of the association in accordance with the application format adopted for this purpose. The aforementioned application shall include three copies for each of the following documents:
A list of the names of the founding members and their personal information, which includes their place of residence, their occupations, ages and qualifications.
The main statute of the association.
A statement signed by all the founding members indicating their approval of the main statute of the association, and the name of the person appointed by the founding members to follow up on the registration procedures and inform about any notifications, decisions or correspondence issued by the Register’s Official for this purpose.
Provisions that should appear in the main statute of the association shall be determined in accordance with a special regulation issued for this purpose, provided that the main statute includes the following:
The name of the association.
The headquarters of the association and the geographical scope of its activities.
The goals and objectives for the establishment of the association listed accurately and clearly.
Conditions for accepting members or discharging their memberships.
Membership fees and annual memberships.
The manner in which the general assembly of the association is held during ordinary and extraordinary meetings, the authorities of this assembly and the quorum for holding these meetings and the mechanisms in which decisions are taken.
The number of board members, the manners in which they are elected, their authorities and the quorum for holding their meetings and the manner in which decisions are taken.
Funding resources of the association and the manner in which financial issues are handled, controlled and audited.
Rules for dissolving the association and parties to which the association’s property will devolve.
Article (7)
Taking into consideration the provisions stipulated in Article (8) of this Law, any founding member of any association shall abide by the following conditions, in addition to any conditions that appear in the association’s main statute:
That he/she has a Jordanian citizenship.
That he/she is over 18 years old.
That he/she is fully qualified.
That he/she has a good reputation and conduct and never been convicted of any dishonorable felony or crime.
Article (8)
The Council of Ministers shall have the right to approve the following, based on a recommendation from the Competent Minister:
That a legal Jordanian person not affiliated to any other association is among the founding members of the association.
That membership in the association is restricted to one or more persons (legal or natural) and that the financial resources of the association are restricted to what its members offer and to what leads to achieving the goals and objectives of the association as they appeared in its main statute.
Article (9)
It is permissible to register a branch of a registered association in a foreign country for the purpose of providing its services in the Kingdom, provided that the association’s main headquarters or any of its branches are not based on profit-making or sharing or achieving benefit to any of the members or any other particular person or achieving any political goals.
A branch of the foreign association shall be registered in accordance with the provisions of this Law, provided that the application for registration includes the name of the foreign association, its headquarters, the names and addresses of its founders and board members, its main objectives, the names and nationalities of persons responsible for the branch to be established and the name of the person representing them, the manner in which funds pertaining to the branch are handled after the branch is dissolved. The main statute of the mother association should be attached with the application for registration.
It is not permissible for the foreign branch of the association to collect donations or obtain any funding from within the Kingdom without the approval of the Competent Minister.
Article (10)
The application for registration and all affiliated documents shall be provided directly to the Register’s Official or the Directorate of Social Development within the governorate. In this case, the Directorate shall send the application for registration in complete form to the Register’s Official within seven days from its receipt.
The instant the Register’s Official receives the application for registration, he ensures its adherence to the requirements of articles 6, 7, 8 and 9 of this Law, and in the case of missing information, the Register’s Official shall notify the founders in writing within a period not exceeding 15 days from the receipt of the application.
Article (11)
a. The Register’s Official shall determine the Competent Ministry according to the goals and objectives of the association to be registered, and sends the application form and all relevant documents to the Competent Minister so that he in turn issues a decision regarding the application within a period of 60 days from receipt of the application and all relevant documents completely and in accordance with the requirements of the provisions of this Law and the regulations and instructions pursuant to it.
b. If the Competent Minister does not issue a decision regarding the application for registration or a notification of missing information in the application within the period determined in clause (a) from this article, the application shall be considered accepted by law.
c. If the Competent Minister decides to approve the application for registration or the approval was made by a ruling in accordance within clause (b) from this article, the Register’s Official shall complete the necessary procedures to register the association in the Register within a period of 15 days from the date of this approval.
d. If the Competent Minister refuses to approve the application for registration, the Register’s Official shall notify the founders of this decision, which may be appealed before the Higher Court of Justice (Supreme Court) in accordance with effective legislations.
e. Upon registering an association in accordance with the provisions of this Law, the Register’s Official shall issue a registration certificate that includes the name of the association, its headquarters, the geographical scope of its work and the address to which it may be contacted.
f. The registration of the association shall be published in the official gazette.
Article (12)
Every association, upon its registration in the Registry, shall have a body corporate, and shall have the right to conduct the necessary work and actions to achieve the goals and objectives stipulated in its main statute, and in accordance with the provisions and conditions stipulated in this Law and the regulations and instructions pursuant to it, and shall have the right to resort to the judiciary (press charges) and appoint lawyers.
Article (13)
a. The association shall have the right to establish branches within the Kingdom that are connected to it administratively and financially, through a decision made by the General Assembly and through a majority of two thirds of its members and with the approval of the Competent Ministry.
b. Every branch of the association shall have a representative who is responsible for managing it, appointed by the association’s Board of Directors.
Article (14)
a. The association shall comply with the provisions of this Law and the regulations and instructions pursuant to it. It shall also implement and comply with the following:
1. Practice its works and activities in accordance with its main statute.
2. Open the opportunity for membership for every person who adheres to the membership conditions in accordance with the association’s main statute, should these provisions not be excluded, through a decision issued by the Council of Ministers based on the recommendation of the Competent Minister.
3. Notify the Competent Minister and the Register’s Official about the date, location and work agenda of the meeting of the association’s General Assembly at least two weeks prior to its implementation.
4. Note and chronologically file the meeting minutes of the association’s Board of Directors and General Assembly and the decisions issued by each at the association’s headquarters.
5. Book-keeping financial records that indicate the association’s resources and the manner in which they are expended.
6. Book-keeping a record of the association’s assets or any other records determined by the Competent Minister or the Register’s Official.
b.1. If the association does not notify the Competent Minister and the Register’s Official in writing about the date, location and agenda of the meeting of its General Assembly at least two weeks prior to the meeting date, the meeting shall not be considered legal.
b.2. The Competent Minister and the Register’s Official shall have the right to appoint a representative to attend the meeting of the association’s General Assembly.
c.1. Taking into consideration the provisions set forth in point “2” from this clause, the decisions made by the association’s General Assembly shall be considered effective from the date of their deposit at the Competent Ministry, as long as these decisions are in accordance with the provisions of this Law and the association’s main statute.
c.2. It is obligatory to obtain the approval of the Competent Minister prior to the execution of the following decisions of the General Assembly and registering them in the Register:
- The decision of electing the association’s Board of Directors.
- The decision to make any amendments to any of the provisions set forth in the association’s main statute, pertaining to any of the goals and objectives of its establishment, the means to achieve them, or their source of funding or expenditures or the accrual of funds upon dissolution or controlling the association’s stocks.
Article (15)
a. Any member within the association’s Board of Directors shall comply with the conditions set forth for the founding members in accordance with the provisions of this Law, in addition to other conditions set forth in the association’s main statute.
b. No person shall be permitted to be the Chairman of the Board for a period exceeding two consecutive cycles, unless with the approval of the Competent Minister or his representative.
c. No person shall be permitted to be a member of the association’s Board of Directors for a period exceeding four consecutive cycles, unless with the approval of the Competent Minister or his representative.
Article (16)
The association’s Board of Directors shall provide the Competent Ministry with the following:
a. The annual work plan.
b. An annual report that includes the association’s achievements and activities in the previous year, its resources and expenditures, in addition to information required by the regulations and instructions issued in accordance with the provisions of this Law.
c. An annual budget audited by a legal auditor who was elected by the association’s General Assembly. The Competent Minister shall have the right to exempt any association whose budget is lesser than 2000 Jordanian Dinars from auditing.
d. Copies of the decisions of the Board of Directors, unless the Competent Minister decides to exempt the association from that.
e. An annual list with the names of the association’s members.
Article (17)
a. The association shall declare in its annual report about any grants or donations obtained from Jordanian individuals.
b.
1. If the association wishes to receive any donation or grant or funding of any sort from non-Jordanians, it shall provide an application to obtain the approval of the Competent Minister. In case a decision is not made over the application within a period of 30 days from its receipt, the application shall be considered accepted by law.
2. If the association receives any donation or grant or funding that does not comply with the provisions of point (1) in this clause, the Competent Minister shall have the right to take the measures he deems necessary to either return the donation or grant or funding to its source or transfer for the benefit of the Fund. This, in addition to any other penalties or solutions or measures stipulated in this Law and effective legislations.
c. The association shall deposit all its funds at one of the banks within the Kingdom, and these accounts shall not enjoy banking confidentiality (or shall be transparent), despite what is stipulated in other regulations.
Article (18)
a. The Competent Ministry shall receive complaints filed against associations or any of their work or activities, and the Competent Minister shall form a committee to investigate these complaints or directly refer them to competent official bodies, depending on the situation.
b. The Competent Ministry shall audit the files and accounts of the association and shall have the right to refer to a legal accountant for this purpose at the expense of the Fund and with the approval of it administrative committee.
c. For the purpose of fulfilling the provisions of this article, the association’s Board of Directors shall do whatever is necessary from measures and arrangements requested by the Competent Minister for the purpose of facilitating the duty of the investigation committee and the legal accountant, to enable them to conduct their designated duties.
Article (19)
a. The Competent Minster shall appoint a temporary board of directors for the association to replace the Board of Directors in any of the following cases:
1. If the association’s Board of Directors fails to hold its meetings due to the loss of its quorum as a result of resignation or death, or any similar circumstance.
2. If the association violates any of the provisions stipulated in this Law or the regulations and instructions pursuant to it, or if it violates the provisions set forth in its main statute and does not clarify the reasons of the violation within a period of one month from the date of its notification in writing.
3. If the association violates the provisions set forth in clause (c) in article (18) of this Law.
4. If the association accepts any donation or support or funding from any source without revealing it or registering it in its financial records and reports.
b.
1. The temporary board of directors is obliged to invite the association’s General Assembly for a meeting within a period of 60 days at most to elect a new Board of Directors in accordance with this Law and the regulations and instructions pursuant to it.
2. If applying the provisions set forth in point (1) of this clause fails, the temporary board of directors is permitted to make an extension for the same period of time through a decision from the Competent Minister.
3. According to the provisions set forth in point (1) of this clause, members of the dissolved Board of Directors are not permitted to be members in the first elected Board of Directors following the appointment of the temporary board of directors, unless through an approval from the Competent Minister.
Article (20)
a. The association shall be considered legally dissolved in any of the following cases:
1. If it discontinues its work or ceases to practice it for a period of one year.
2. If it fails to coordinate its situation in accordance with the provisions set forth in article (28) from this Law.
b. The Competent Minister has the right to issue a grounded decision for dissolving the association in any of the following circumstances, and a copy of this decision shall be sent to the Register’s Official:
1. When failing to elect the association’s Board of Directors in accordance with the provisions of its main statute and the provisions of this Law and the regulations and instructions pursuant to it.
2. If the association keeps or uses a donation or funding received from non-Jordanians, violating the provisions of clause (b) in article (17) from this Law.
3. If the association commits for the second time the violation it had been previously notified for in accordance with the provisions of point (2) in clause (a) from article (19) and did not clarify the reasons for this violation within a period of one month from the date of its notification in writing.
4. If two thirds of the members of the Board of Directors agree to dissolve the association during an extraordinary meeting in accordance with the provisions set forth in the association’s main statute.
c. It is permissible to appeal to the decision of the Competent Minister to dissolve the association before the Supreme Court.
Article (21)
a. The association shall be notified about any notifications or decisions issued in accordance with the provisions of this Law and the regulations and instructions pursuant to it. Notifications shall be sent to the association’s address indicated in its registration certificate and shall be either delivered by hand to any employee available at the aforementioned address or sent via registered mail. This deposit shall be considered a legal notification after 15 days from the date of deposit have passed.
b. If notification fails in accordance to clause (a) in this article, it is permissible to make the notification by publishing it in two local daily newspapers one time at the expense of the association, and this notification shall be considered legal.
c. Any change in the certified address for the association’s correspondence shall only count from the date the Register’s Official and the competent court are notified in writing about the change of address.
Article (22)
a. A fund known as “the association’s support Fund” shall be established at the Ministry to support associations. This Fund shall enjoy a body corporate and financial and administrative independence, and shall have the right to own fixed and transferable properties and invest them in the manner it deems appropriate. The representative of the Fund in legal procedures is the civil public attorney or an attorney appointed for this purpose.
b. The administration of the Fund shall be the responsibility of a committee headed by the Minister and the membership of the Register’s Official as vice president and one representative for every Competent Ministry.
c. The Fund’s financial resources are comprised of the following:
1. Funds allocated in the general budget.
2. Any endowments or donations or grants, provided they are approved by the Council of Ministers if they are from non-Jordanian sources.
3. Profit from any charitable raffle organized for the purpose of this Fund in accordance with the provisions of a special regulation issued for this purpose.
4. The funds of associations and unions whose body corporate expires without the existence of a party to which the funds are transferred in accordance with the provisions of this Law.
5. Any sums of money or donations collected from associations and unions ???? (not clear) against the provisions of this Law and the regulations and instructions pursuant to it.
6. Profit from investment of Fund’s money.
7. Any other sources approved by the Council of Ministers based on a recommendation from the fund’s administrative committee.
d. Expenditures and support for associations are determined by the Fund’s money based on principles and conditions determined by the Council of Ministers in accordance with instructions issued for this purpose. The Fund’s administrative committee shall be responsible for expenditures in accordance with these instructions.
e. The Fund’s money and accounts shall be under the supervision and monitoring of the accounting department.
Article (23)
a. It is permissible, based on the circumstance, to form a single union or more for associations for the purpose of coordinating their efforts in providing their services and implementing their activities in accordance with the provisions of this Law and the regulations and instructions pursuant to it. A regulation shall be issued to determine the types of these unions and the provisions for their registration and all other organizational matters pertaining to associations.
b. The union shall have an independent body corporate, and all associations pertaining to the union shall maintain their independent body corporate.
c. The provisions set forth from article 14 to article 21 and from article 25 to article 28 of this Law shall be applied on the union.
Article (24)
a. It is permissible, with the approval of the Competent Minister, to merge two or more associations registered in accordance with the provisions of this Law if these associations share the same goals and objectives. The association formed as a result of this merger shall become a legal and realistic successor for merged associations.
b. It is permissible for two or more associations to form a coalition between them to implement a joint program that aims at achieving their goals and objectives.
Article (25)
a. All the association’s assets that have not been dissolved shall be transferred to the party determined in the association’s main statute, provided that this party is either the Fund or another association that shares the same goals and objectives.
b. If the association’s main statute does not determine the destiny of the association’s assets upon its suspension or fails to transfer funds to the party determined within the main statute, then these assets shall be transferred to the Fund.
Article (26)
Taking into consideration the strictest punishment that appeared in any other laws:
a. A fine no less than 100 Jordanian Dinars and no more than 1,000 Jordanian Dinars shall be imposed on whoever manages the funds of the association and spent them on things other than those related to achieving the association’s goals and objectives, and another fine that is equivalent to the value of the damage incurred.
b. A fine no less than 1,000 Jordanian Dinars and no more than 10,000 Jordanian Dinars shall be imposed on whoever agrees to accept any donation or support or funding from Jordanians without declaring them or registering them in the association’s records accordingly.
c. Imprisonment for a period no less than three months shall be imposed on whoever keeps or uses the donation or funding provided for the association by non-Jordanians, when the transaction is not declared or registered in the association’s records accordingly, or when the money is kept or used following its rejection by the competent minister.
Article (27)
a. It is not permissible for a person who was convicted in accordance with the provisions of article (26) from this Law to be a member in the association’s Board of Directors.
b. Fines set forth in accordance with the provisions of clause (a) in article (26) from this Law shall be transferred to the association.
c. Fines set forth in accordance with the provisions of clause (b) and (c) in article (26) from this Law shall be transferred to the Fund.
Article (28)
a. Any body corporate registered in accordance with the provisions of any laws indicated hereunder prior to the expiration of this Law shall be considered effective as if registered in accordance with its provisions (not clear):
1. Societies and associations registered in accordance with the provisions of the Societies and Social Bodies Law number 33 for the year 1966 and its amendments.
2. Any body corporate with any characteristic or form registered in accordance with the provisions of the effective Law on the Protection of Culture.
3. Any association registered in accordance with the provisions of the effective Environmental Law.
4. Any association registered in accordance with the provisions of the effective Tourism Law.
5. Not for profit companies registered in accordance with the provisions of the effective Law of Corporations and the regulations and instructions pursuant to it. Any association or organization or institution to which the term “association” applies in accordance with the provisions of this Law, and registered in accordance with the provisions of any of the effective and operative laws.
b. For the purposes of this Law, any religious bodies and priesthoods shall be considered an association and shall coordinate its situation in accordance with the provisions of this Law.
c. Associations established on the date of enforcement of this Law shall coordinate their status within a period not exceeding one year from the date of enforcement of this Law, and the competent minister has the right to extend this period for no more than an additional year.
d. The competent minister has the right to issue any necessary instructions to enable associations to coordinate their status in accordance with this Law.
Article (29)
a. The Council of Ministers has the right to issue laws necessary for the implementation of the provisions of this Law.
b. The competent ministry and minister have the right to issue instructions necessary for the implementation of the provisions of this Law and the regulations and instructions pursuant to it.
Article (30)
The following shall be abolished:
a. the Societies and Social Bodies Law number 33 for the year 1966 and its amendments.
b. The provisions of any other law conflicting with the provisions of this Law, including provisions pertaining to the registration of legal persons included in the provisions of article (28) from this Law.
Article (31)
The Prime Minister and the ministers shall be responsible for implementing the provisions of this Law.
Jordan - FRIDE Report (17/04/08)
Planting an Olive Tree: The State of Reform in Jordan - El estado de la reforma en Jordania
Jordan - HRW Report (december 2007)
Shutting Out the Critics - Restrictive Laws Used to Repress Civil Society in Jordan
The Egyptian Organization for Human Rights submits bills to the Commission of Human Rights in the Parliament (23.03.08)
The Egyptian Organization for Human Rights submitted new bills to the Commission of Human Rights in the People’s Assembly. These bills related to amending some articles concerning torture in the penal code and criminal procedures law, and suggested a new bill for NGOs and private associations. The EOHR also proposed an alternative bill for political parties. Mr. Hafez Abu Seada confirmed the legislative definition defect for crimes of torture which lacks harmonization with the clause of Article 2 of the International Convention against Torture, which has been ratified by Egypt. This defect led to the absence of legal accountability for the perpetrators of torture who believe that they have impunity against being trialed. Punishments are not commensurate to the magnitude of crime committed, not only against the victims, but against all of humanity as well. In addition, practical and legal procedures should be taken into consideration to confront the torture phenomena and other ill-treatment to ensure the full realization of all items on the International Convention Against Torture and Other Cruel and Inhuman Treatment. In 2003, the EOHR submitted a draft law to the People’s Assembly to amend articles related to torture in the penal code and criminal procedures law. The bill focuses on the following:
Crimes of torture in Egyptian law and its amendments according to International Covenants in order to include the definition of torture according to what the International Convention against Torture has stated. This convention was ratified by Egypt in 1986 to confront impunity.
Strengthening punishment against the perpetrators of torture and realizing the inadmissibility of the use of clemency and extenuating circumstances for the punishment.
Amending legal Articles No. 126-129-280 of the penal code and Article 232 of the criminal procedures law and working on quickening criminal lawsuit against perpetrators of torture. As for NGOs, despite talking about the principle of "partnership" between civil society and the state, the Egyptian Constitution’s guarantee to form assemblies, and the right to participate and arrange peaceful meetings, the practical situation is quite the contrary as there are restrictions imposed on civil society. The government determines the activities of civil society and although legislation gives the right to form civil associations, this right is limited due to imposing restrictions and tough procedures. Abu Seada clarified that Law No.84/2002 is considered a hurdle facing civil work, as it impedes the development of civil society. So it is necessary to enact an alternative law for NGOs. This alternative law contributes to the procedures of establishing associations through notifying the administrative body without the need to obtain prior permission. Establishment procedures should not create difficulties for newly established associations. This bill helps to increase the role of civil society in decisions making and establishes a partnership between associations and the government. As for political parties, there are several restrictions that impede partisan development in Egypt. Much legislation impedes partisan work, such as Law No.40/1977 concerning political parties and the Committee of Political Parties. This was formed according to the law, but parties still suffer from interior issues such as the Similarity of Partisan Program for Egyptian Parties. All parties are forced to agree with common denominators without the possibility for changes, except for partial details or other sub-policies. Further, the absence of democracy inside parties is an issue. Decision making is limited to a narrow circle and includes only the party leader and limited number of others is one of the problems that impede the development of political parties. The Secretary-General of the Egyptian Organization confirmed that the right to political participation and establishing parties is guaranteed by Article 5 of the Constitution, but it is useless due to the existence of Law No. 40/1977. This law should be abolished and substituted by a new law that guarantees the establishment of political parties through notification. This new alternative law satisfies the general conditions to guarantee peaceful and democratic political expression and prohibits the establishment of military or paramilitary parties or parties based on religious grounds, ideological, sectarian or ethnic lines. Further, Abu Seada confirmed that freedom of opinion and expression is one of the most important files to be watched over. He also confirmed the necessary steps adopted by President Mubarak to cancel limitations on freedom and worked on revising legislative laws, including Law No. 96/1996 concerning press and restriction imposed on publishing newspapers and Law No. 159/1981 concerning stock companies modified by Law No. 3/1998 which requires approval by the Council of Ministers if the company has the right to issue newspapers. Several laws restrict the right to information, including Law No.121/1975 concerning the prohibition of using or publishing formal documents. Penal code No. 58/1937, which was modified by various specials such as law No. 29/1982, law No. 199/1983, law No. 97/1992, and law No. 93/1995, restricted the freedom of opinion and expression in several articles. Articles such as (86, 98B, 102, 187, 188, 191,192, 193, 194, 302, 306) have been restricted. Also the Emergency Law, law No.162/1958 is considered a clear restriction of the freedom of opinion and expression. It is necessary to cancel prison sentences in publishing crimes to protect the freedom of journalists and journalism according to international covenants on human rights.As for new terrorism law, Abu Seada confirmed that Egypt needs a law to struggle against terrorism but this law also has to protect human rights. Abu Seada verified the importance of economic and social rights. He confirmed the need to pay more attention to this issue through providing adequate health care, especially for low-income citizens, and providing suitable housing. Further, employees’ salaries must be analyzed to match the rising prices of goods. The Secretary-General also called for raising the siege imposed on the Palestinian People, describing what is happening as a crime against humanity.The meeting included Mr. Ahmed Abdul Hafiz, Vice Chairman of the Egyptian Organization, Mrs. Nashwa Nash’at, Director of Publishing and Researches and Dr.Award El Zahaby, Chairman of Commission of Human Rights, who welcomed the bills submitted by the Egyptian Organization. The commission will study these bills accordingly and consider cooperation between the two parties.
Crimes of torture in Egyptian law and its amendments according to International Covenants in order to include the definition of torture according to what the International Convention against Torture has stated. This convention was ratified by Egypt in 1986 to confront impunity.
Strengthening punishment against the perpetrators of torture and realizing the inadmissibility of the use of clemency and extenuating circumstances for the punishment.
Amending legal Articles No. 126-129-280 of the penal code and Article 232 of the criminal procedures law and working on quickening criminal lawsuit against perpetrators of torture. As for NGOs, despite talking about the principle of "partnership" between civil society and the state, the Egyptian Constitution’s guarantee to form assemblies, and the right to participate and arrange peaceful meetings, the practical situation is quite the contrary as there are restrictions imposed on civil society. The government determines the activities of civil society and although legislation gives the right to form civil associations, this right is limited due to imposing restrictions and tough procedures. Abu Seada clarified that Law No.84/2002 is considered a hurdle facing civil work, as it impedes the development of civil society. So it is necessary to enact an alternative law for NGOs. This alternative law contributes to the procedures of establishing associations through notifying the administrative body without the need to obtain prior permission. Establishment procedures should not create difficulties for newly established associations. This bill helps to increase the role of civil society in decisions making and establishes a partnership between associations and the government. As for political parties, there are several restrictions that impede partisan development in Egypt. Much legislation impedes partisan work, such as Law No.40/1977 concerning political parties and the Committee of Political Parties. This was formed according to the law, but parties still suffer from interior issues such as the Similarity of Partisan Program for Egyptian Parties. All parties are forced to agree with common denominators without the possibility for changes, except for partial details or other sub-policies. Further, the absence of democracy inside parties is an issue. Decision making is limited to a narrow circle and includes only the party leader and limited number of others is one of the problems that impede the development of political parties. The Secretary-General of the Egyptian Organization confirmed that the right to political participation and establishing parties is guaranteed by Article 5 of the Constitution, but it is useless due to the existence of Law No. 40/1977. This law should be abolished and substituted by a new law that guarantees the establishment of political parties through notification. This new alternative law satisfies the general conditions to guarantee peaceful and democratic political expression and prohibits the establishment of military or paramilitary parties or parties based on religious grounds, ideological, sectarian or ethnic lines. Further, Abu Seada confirmed that freedom of opinion and expression is one of the most important files to be watched over. He also confirmed the necessary steps adopted by President Mubarak to cancel limitations on freedom and worked on revising legislative laws, including Law No. 96/1996 concerning press and restriction imposed on publishing newspapers and Law No. 159/1981 concerning stock companies modified by Law No. 3/1998 which requires approval by the Council of Ministers if the company has the right to issue newspapers. Several laws restrict the right to information, including Law No.121/1975 concerning the prohibition of using or publishing formal documents. Penal code No. 58/1937, which was modified by various specials such as law No. 29/1982, law No. 199/1983, law No. 97/1992, and law No. 93/1995, restricted the freedom of opinion and expression in several articles. Articles such as (86, 98B, 102, 187, 188, 191,192, 193, 194, 302, 306) have been restricted. Also the Emergency Law, law No.162/1958 is considered a clear restriction of the freedom of opinion and expression. It is necessary to cancel prison sentences in publishing crimes to protect the freedom of journalists and journalism according to international covenants on human rights.As for new terrorism law, Abu Seada confirmed that Egypt needs a law to struggle against terrorism but this law also has to protect human rights. Abu Seada verified the importance of economic and social rights. He confirmed the need to pay more attention to this issue through providing adequate health care, especially for low-income citizens, and providing suitable housing. Further, employees’ salaries must be analyzed to match the rising prices of goods. The Secretary-General also called for raising the siege imposed on the Palestinian People, describing what is happening as a crime against humanity.The meeting included Mr. Ahmed Abdul Hafiz, Vice Chairman of the Egyptian Organization, Mrs. Nashwa Nash’at, Director of Publishing and Researches and Dr.Award El Zahaby, Chairman of Commission of Human Rights, who welcomed the bills submitted by the Egyptian Organization. The commission will study these bills accordingly and consider cooperation between the two parties.
Egypt - registration of CTUWS (25.06.08)
Registration of the Center for Trade Union and Workers Services (CTUWS)
Wednesday 25th June 2008
Putting into effect the judgment of the Administrative Judiciary Court in the lawsuit No. 38381/61, the Ministry of Social Solidarity issued its decision today to register our center as a non governmental services association under Number 7375. The decision is a step considered by several activists and observers a good initiative worthy of appreciation.
Throughout one full year the Center for Trade Union and Workers Services (CTUWS) witnessed a series of arbitrary procedures: its premises were closed and its activities were stopped. Moreover, the court issued a one-year imprisonment of its General Coordinator in a Publication Case. He had to be bailed by one thousand Egyptian pounds in order to stop enforcing the court sentence. The Court of Appeal ruled on 27/2/2008 to annul the imprisonment sentence.
At last the Administrative Judiciary Court issued on Sunday 30/3/2008 its fair sentence which the Ministry of Social Solidarity undertook to implement.
The CTUWS welcomes the decision of the Ministry of Social Solidarity which showed its keenness and obligation to put the court sentence into effect and took the initiative during last week to enter into open dialogue and constructive negotiations with the CTUWS which looks forward to the removal of all the arbitrary procedures taken against it last year and the elimination of all the subsequent effects of these measures. The CTUWS hopes as well to reopen all its premises and to resume its activities which were very well recognized throughout the last eighteen years.
The CTUWS expresses its deep appreciation and gratitude to all the human rights organizations, civil society organizations and defenders of democracy and of the right of expression in Egypt and abroad and to the international labour movements and trade union movements as well as to all its supporters in the People’s Assembly, the Shoura Council, political activists and journalists and all who supported it. Meanwhile, the CTUWS hopes that the decision of the Ministry of Social Solidarity and its positive approach become the rule and not the exception and hopes that its victory leads to the realization of more democratic victories.
The Center for Trade Union and Workers ServicesWednesday, 25th June 2008
Wednesday 25th June 2008
Putting into effect the judgment of the Administrative Judiciary Court in the lawsuit No. 38381/61, the Ministry of Social Solidarity issued its decision today to register our center as a non governmental services association under Number 7375. The decision is a step considered by several activists and observers a good initiative worthy of appreciation.
Throughout one full year the Center for Trade Union and Workers Services (CTUWS) witnessed a series of arbitrary procedures: its premises were closed and its activities were stopped. Moreover, the court issued a one-year imprisonment of its General Coordinator in a Publication Case. He had to be bailed by one thousand Egyptian pounds in order to stop enforcing the court sentence. The Court of Appeal ruled on 27/2/2008 to annul the imprisonment sentence.
At last the Administrative Judiciary Court issued on Sunday 30/3/2008 its fair sentence which the Ministry of Social Solidarity undertook to implement.
The CTUWS welcomes the decision of the Ministry of Social Solidarity which showed its keenness and obligation to put the court sentence into effect and took the initiative during last week to enter into open dialogue and constructive negotiations with the CTUWS which looks forward to the removal of all the arbitrary procedures taken against it last year and the elimination of all the subsequent effects of these measures. The CTUWS hopes as well to reopen all its premises and to resume its activities which were very well recognized throughout the last eighteen years.
The CTUWS expresses its deep appreciation and gratitude to all the human rights organizations, civil society organizations and defenders of democracy and of the right of expression in Egypt and abroad and to the international labour movements and trade union movements as well as to all its supporters in the People’s Assembly, the Shoura Council, political activists and journalists and all who supported it. Meanwhile, the CTUWS hopes that the decision of the Ministry of Social Solidarity and its positive approach become the rule and not the exception and hopes that its victory leads to the realization of more democratic victories.
The Center for Trade Union and Workers ServicesWednesday, 25th June 2008
Egypt - dissolution of AHRLA (9.9.07)
Association for Human Rights Legal Aid
Press release
Cairo, September 9, 2007
Authority's dust infiltrates the Egyptian civil society's pores
The dissolution of the Association for Human Rights Legal Aid is a drop in the state's violations sea
Based on the government's decree of dissolution of "The Association for Human Rights Legal Aid"; the association's members and staff announce the birth of "The Human rights legal aid group".
As mentioned in the "governmental" Newspaper Al Akhbar, in its Friday the 7th of September issue; the governor of Cairo has issued a decree of dissolution of AHRLA. The article explains that the decree has been issued based on the absence of a permit from the minister of social solidarity allowing AHRLA to receive funding from international donor agencies, in addition to some other administrative offenses. Here disappears the old justification which was published in Al-Masry Al-Youm newspaper in its August 30 issue regarding the misappropriation of funds.
AHRLA has issued a press release to respond to those allegations; where it indicates that the dissolution decision was made by the recommendations of the ministry of social solidarity. Also Egyptian civil society organizations have initiated issuing a collective statement in solidarity with AHRLA and held a press conference where these organizations explained the steps they will take in case the dissolution takes place.
We were anticipating the dissolution decree not just because of the governing state's corruption; but because AHRLA from its very first day did not submit itself to fear or settle for an elitist role which separates it from the streets. We were the first association to fill the streets in Cairo and Giza with anti torture posters. We were also the first association to publish the torture's victims live testimonies.
AHRLA staff and members declare that they will take all the necessary measures that will ensure the continuation of their efforts in providing legal aid to the victims of human rights violations, and will expose the violators. We will also help disseminate and promote the human rights culture in Egypt. We will appeal the governor of Cairo's decision to dissolute AHRLA before the Administrative Court, so as to counter the negative effects of this decision. We declare that we will not remain silent or refrain from prosecuting the corrupt dictators, even if we have to become like ghosts chasing them in their sleep. We will not remain silent; this strike increased our conviction of the importance of completing our mission in supporting victims of human rights violations in Egypt. The dissolution will consolidate the activists' work with the free citizens seeking to restore their rights.
The intent to exclude non-domesticated votes that show opposition and criticism of the policies behind the suffering of millions of citizens from their rights' violations is now clear.
Such a resolution comes in the context of the ferocious campaign led by the security agencies on the civil society's institutions; to control any signs of discontent and protest against the deterioration of the citizens' economic and social situation and the exacerbation the political climate. Here's the government involved in corruption policies and confused on which cards to play! These are good indicators, because security's foolishness always reflects the state's near fall due to corruption, which has become like cancer eating through our homeland. Here goes the oppressive government, showing its idiocy's sword. The sword of deceit against AHRLA, which helped increase the factors of solidarity among the different groups of the population. All the colors of the rainbow are now present to make a complete resistance against injustice, corruption and tyranny.
AHRLA was one of the first organizations, if not the first, to send its papers to the Ministry of Social Affairs (Social Solidarity now) in 1999, and here comes the dissolution decision! It is no surprise now to pass this decision after we exposed the state's crimes of violations of the citizens' rights, and of demanding the peoples' wasted rights. There is no difficulty in implementing the dissolution decision as long as we are on the right track and that we continue our struggle against tyranny and violations. From its founding moment, our association's activities have embraced various issues affecting the citizens, also our lawyers group has received thousands of complaints from citizens who had sought refuge in AHRLA to protect and recover their rights and help them face the tyranny of power.
We say to those who want to assassinate the spirit of hope in our hearts, and extinguish the flame of justice for the victims: we had a successful round, and now the false dawn of political reform has disappeared and we will continue our struggle against violations. We assure the victims of torture, that no restriction will deter us from completing what we began in our journey. We will strive to put any torturer or despotic or corrupt under the hands of justice. We will not be appalled by the dissolution decision; we will complete our work with victims of torture until the submission of torturers and those responsible for these heinous crimes to justice from the biggest head to the pettiest.
There is not even the slightest hope for political reform in a country where the increasing influence of the security services affects the carry out of Interior policy-making, and plays the key role in naming the sheikhs and mayors, and universities and colleges' assistants, deans and heads, and choose ministers and members of parliament and members of local government and intervenes in employees promotions and civil society organizations.......
AHRLA hereby confirms its integrity and transparency and demands the referral of its financial books to the Central Accounting Authorities, and demands for the decision to be examined before the Egyptian judiciary authorities, just so that we can clarify the circumstances which pushed the governor to issue such a decision. AHRLA reiterates that the arguments used to justify this decision are only pretexts and absurd justifications as the Association did not commit any violations necessitating its dissolution.
When will security forces stop flinging constant accusations to political opponents, independents, and those who refuse to walk into the swamp of corruption and despotism?. These accusations are now quite common, such as "Threatening General Peace" and "inciting hatred against the regime" and receiving foreign funds. Can you imagine that the average monthly expenditure of the association which has four offices and more than thirty employees, does not even match the monthly expenses of the governor's Office Buffet governor or that of the honourable Minister?
The members of the Association confirm their rejection of this resolution, and declare they will not hold back from resisting it using all peaceful and legitimate means.
The members of the Association for Human Rights Legal Aid
Cairo, September 9, 2007
Press release
Cairo, September 9, 2007
Authority's dust infiltrates the Egyptian civil society's pores
The dissolution of the Association for Human Rights Legal Aid is a drop in the state's violations sea
Based on the government's decree of dissolution of "The Association for Human Rights Legal Aid"; the association's members and staff announce the birth of "The Human rights legal aid group".
As mentioned in the "governmental" Newspaper Al Akhbar, in its Friday the 7th of September issue; the governor of Cairo has issued a decree of dissolution of AHRLA. The article explains that the decree has been issued based on the absence of a permit from the minister of social solidarity allowing AHRLA to receive funding from international donor agencies, in addition to some other administrative offenses. Here disappears the old justification which was published in Al-Masry Al-Youm newspaper in its August 30 issue regarding the misappropriation of funds.
AHRLA has issued a press release to respond to those allegations; where it indicates that the dissolution decision was made by the recommendations of the ministry of social solidarity. Also Egyptian civil society organizations have initiated issuing a collective statement in solidarity with AHRLA and held a press conference where these organizations explained the steps they will take in case the dissolution takes place.
We were anticipating the dissolution decree not just because of the governing state's corruption; but because AHRLA from its very first day did not submit itself to fear or settle for an elitist role which separates it from the streets. We were the first association to fill the streets in Cairo and Giza with anti torture posters. We were also the first association to publish the torture's victims live testimonies.
AHRLA staff and members declare that they will take all the necessary measures that will ensure the continuation of their efforts in providing legal aid to the victims of human rights violations, and will expose the violators. We will also help disseminate and promote the human rights culture in Egypt. We will appeal the governor of Cairo's decision to dissolute AHRLA before the Administrative Court, so as to counter the negative effects of this decision. We declare that we will not remain silent or refrain from prosecuting the corrupt dictators, even if we have to become like ghosts chasing them in their sleep. We will not remain silent; this strike increased our conviction of the importance of completing our mission in supporting victims of human rights violations in Egypt. The dissolution will consolidate the activists' work with the free citizens seeking to restore their rights.
The intent to exclude non-domesticated votes that show opposition and criticism of the policies behind the suffering of millions of citizens from their rights' violations is now clear.
Such a resolution comes in the context of the ferocious campaign led by the security agencies on the civil society's institutions; to control any signs of discontent and protest against the deterioration of the citizens' economic and social situation and the exacerbation the political climate. Here's the government involved in corruption policies and confused on which cards to play! These are good indicators, because security's foolishness always reflects the state's near fall due to corruption, which has become like cancer eating through our homeland. Here goes the oppressive government, showing its idiocy's sword. The sword of deceit against AHRLA, which helped increase the factors of solidarity among the different groups of the population. All the colors of the rainbow are now present to make a complete resistance against injustice, corruption and tyranny.
AHRLA was one of the first organizations, if not the first, to send its papers to the Ministry of Social Affairs (Social Solidarity now) in 1999, and here comes the dissolution decision! It is no surprise now to pass this decision after we exposed the state's crimes of violations of the citizens' rights, and of demanding the peoples' wasted rights. There is no difficulty in implementing the dissolution decision as long as we are on the right track and that we continue our struggle against tyranny and violations. From its founding moment, our association's activities have embraced various issues affecting the citizens, also our lawyers group has received thousands of complaints from citizens who had sought refuge in AHRLA to protect and recover their rights and help them face the tyranny of power.
We say to those who want to assassinate the spirit of hope in our hearts, and extinguish the flame of justice for the victims: we had a successful round, and now the false dawn of political reform has disappeared and we will continue our struggle against violations. We assure the victims of torture, that no restriction will deter us from completing what we began in our journey. We will strive to put any torturer or despotic or corrupt under the hands of justice. We will not be appalled by the dissolution decision; we will complete our work with victims of torture until the submission of torturers and those responsible for these heinous crimes to justice from the biggest head to the pettiest.
There is not even the slightest hope for political reform in a country where the increasing influence of the security services affects the carry out of Interior policy-making, and plays the key role in naming the sheikhs and mayors, and universities and colleges' assistants, deans and heads, and choose ministers and members of parliament and members of local government and intervenes in employees promotions and civil society organizations.......
AHRLA hereby confirms its integrity and transparency and demands the referral of its financial books to the Central Accounting Authorities, and demands for the decision to be examined before the Egyptian judiciary authorities, just so that we can clarify the circumstances which pushed the governor to issue such a decision. AHRLA reiterates that the arguments used to justify this decision are only pretexts and absurd justifications as the Association did not commit any violations necessitating its dissolution.
When will security forces stop flinging constant accusations to political opponents, independents, and those who refuse to walk into the swamp of corruption and despotism?. These accusations are now quite common, such as "Threatening General Peace" and "inciting hatred against the regime" and receiving foreign funds. Can you imagine that the average monthly expenditure of the association which has four offices and more than thirty employees, does not even match the monthly expenses of the governor's Office Buffet governor or that of the honourable Minister?
The members of the Association confirm their rejection of this resolution, and declare they will not hold back from resisting it using all peaceful and legitimate means.
The members of the Association for Human Rights Legal Aid
Cairo, September 9, 2007
Law on associations in Turkey
Law 5253 of 2004 (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Law on associations in Morocco
Dahir 1958 and Amendment of 2002 in Arabic
Dahir 1958 and Amendment of 2002 in English (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Dahir 1958 en francais
Dahir 1958 and Amendment of 2002 in English (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Dahir 1958 en francais
Law on associations in Lebanon
Ottoman Law on associations 1909 in English and Arabic (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Law on associations in Jordan
Law 33/1966 in Arabic
Law 33/1966 in English (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Law on associations in Israel
Law Amutot 1980 in English (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Law on associations in Egypt
Law 84/2002 in Arabic
Law 84/2002 in English (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
Law 84/2002 in English (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
23/07/2008
Law on associations in Algeria
Law 90-31/1990 in English/French/Arabic (need to register on the website - it is free / nécessité de s'enregistrer sur ce site - l'enregistrement est gratuit)
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