Jordan - Joint letter EMHRN - HRW on the occasion of the Association Council between the EU and Jordan, 23 July 2008

Joint letter Euro-Mediterranean Human Rights Network - Human Rights Watch on the occasion of the Association Council between the EU and Jordan, 23 July 2008

To:
The Foreign Ministers of Member States of the European Union
The High Representative of the European Union for the CFSP, Mr. Javier Solana
The Commissioner for External Relations, Ms. Benita Ferrero-Waldner
The Personal Representative of the SG/HR on Human Rights, Ms. Riina Kionka

Brussels, 18 July 2008

Dear Foreign Ministers,
Dear High Representative,
Dear Commissioner,
Dear Personal Representative,

In advance of the European Union – Jordan Association Council Meeting scheduled for July 23, Human Rights Watch and the Euro-Mediterranean Human Rights Network would like to bring to your attention five areas in which Jordan’s human rights performance is either regressing or making limited progress in line with stated goals and commitments between the EU and Jordan. The European Union has in recent years pledged to work more closely with Jordan, notably through the adoption of an Action Plan within the framework of the European Neighborhood Policy, January 2005, and has steadily increased its financial assistance to the country over the past four years. However the human rights chapter of the Action plan is lacking concrete, measurable and time-bound commitments to assess its implementation. In particular, we recommend that a monitoring mechanism is set up with benchmarks for future evaluation. In view of the Association Council, we believe the European Union should seek to obtain Jordan’s commitment to measurable change in the following areas where its laws, policies and practices are at odds with international human rights:
- freedom of association and peaceful assembly
- torture in the prison system
- administrative detention
- intelligence service law enforcement abuses
- women’s rights

We urge you to agree on practical and verifiable Jordanian commitments along the lines of recommendations in the attached memorandum in each of the five areas in order to improve Jordan’s compliance with international human rights standards. Achievements in human rights objectives should form an integral part of the EU’s deepening relations with Jordan, including its assistance program.

Sincerely,

Sarah Leah Whitson
Executive Director
Middle East and North Africa Division

Kamel Jendoubi
President
Euro-Mediterranean HumanHuman Rights Watch Rights Network

Memorandum
In view of the Jordan-European Union Association Council July 18, 2008

1. Freedom of Association and Peaceful Assembly

In June 2008, the government surprised local nongovernmental organizations (NGOs) by putting forward a draft NGO law (Law of Societies) that is every bit as restrictive as a draft that had been put on the parliamentary schedule in October 2007 only days before parliamentary elections. After the parliament did not vote on the draft, the new prime minister, Nader Dahabi, withdrew it in January 2008 following civil society protests and publication of Human Rights Watch’s December 2007 report, “Shutting Out the Critics.”

The Ministry of Social Development led a series of consultations on a new draft NGO law in early 2008. The resulting draft of June 2008 presented NGOs with the prospect of significantly more restrictive work conditions. Both houses of parliament have since passed the law, awaiting King Abdullah’s signature. The government also did not consult with NGOs or political parties on a new draft law on public assembly, which has also passed both houses of parliament.

With respect to both new laws, Jordan has failed to live up to its commitment of increased consultation with civil society on important legislation affecting basic civil liberties.

NGO Law (Law of Societies)

The 1966 law governing NGOs requires that the Ministry of Social Development grant a license before a new organization can function, whereas international best practice recommends a notification-only process of registration. The new NGO law, if signed into law by the king, would continue to give the minister powers to deny without cause an NGO application. If the minister fails to reply within two months, an NGO registration is considered approved, but the law fails to specify how an NGO can document its incorporation to begin legal activities. Particularly troubling, the minister would also be able to insert a government official
among the NGO’s founding members.

The 1966 law and the new NGO law similarly provide for excessive ministerial control over the work of an NGO in violation of freedom of association and other basic rights. Currently, the ministry has law enforcement-style authority to enter NGO facilities at any time and seize any records for any reason. The new NGO law would oblige NGOs to furnish the ministry with copies of their future work plans, and allow the government to audit accounts and review past work. The new NGO law would also severely restrict the range of NGO activities to areas that are not the “domain of political parties,” a broadly worded restriction that is incompatible with the right to free association and expression.

Under the new NGO law, an NGO must inform the ministry in advance of its general assembly meetings. Certain decisions taken there will not be considered lawful until the minister issues approval. Decisions are automatically invalid if prior notice was not given or if a ministerial official was barred from attending general assembly meetings (government attendance is not a necessary condition, however). The minister must also approve the opening of any branch offices of an NGO.

Existing and proposed governmental powers allow the authorities to impose a temporary management of government officials on an NGO or to close it down altogether for minor infractions of the NGO law or the NGO’s own bylaws without first having recourse to the judiciary. The new NGO law would also force NGOs to accept new members with voting rights for its management board, allowing the government to infiltrate and take over an NGO by other means.

The new NGO law also restricts foreign and domestic funding for NGOs, while the 1966 law does not impose such conditions. Jordanian NGOs would need cabinet approval for every single foreign donation, and foreign NGOs in Jordan would need cabinet approval for every single Jordanian donation. Violators who “keep or use” foreign funds without declaring them will receive a minimum three-month prison sentence (a maximum is not specified.)

Assembly Law (Law on Public Gatherings)

The new Assembly Law contains some improvements over the old law, but does not restore the freedom of assembly guaranteed before the existing law introduced drastic restrictions in 2001. Prior to 2001, demonstrations and public gatherings only required notifying the authorities, whereas now organizers of such events have to obtain advance, written approval from the authorities.

The new Assembly Law continues to require prior written approval by the governor in order to hold a public meeting, while reducing the governor’s response time from three to two days and considering a lack of response to be an approval. The governor is still not obliged, however, to justify any refusal to grant permission for any gathering. The new law would exempt from the requirement to seek permission only general assembly meetings of NGOs, professional associations, and political parties, among other legally recognized bodies, “on condition that these meetings and gatherings are linked to the realization of their objectives and in accordance with the legislations regulating their work and activities” (article 3.1). All other meetings and public demonstrations require prior approval. Human Rights Watch’s 2007 report, “Shutting Out the Critics” presented ample recent evidence that governors turn down large numbers of requests for such peaceful gatherings.

The European Union and member states should strongly urge the government of Jordan to:


Rescind the NGO and Assembly Laws;

Start a drafting process to revise the existing Law on Public Gatherings that includes broad civil society participation and assistance by international human rights law experts, and:
o Abolish the requirement for prior approval of any public meeting or demonstration;
o Define the meaning of “public gathering” to include only gatherings in publicly accessible places or those that are open to the public;

Start a drafting process to revise the existing NGO Law to include broad participation by civil society and assistance by international human rights law experts , and:
o Make registration of associations automatic upon formal notification;
o Remove the government’s ability to appoint founding members, impose any form of governmental management, or dissolve an NGO without recourse to the judiciary;
o Remove the law enforcement-type powers of the Ministry of Social Development to enter NGO premises and access files at will;
o Permit funding of NGOs, whether foreign or local, as long as all foreign exchange and customs laws are satisfied.