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.

24/09/2008

Jordan - A delegation of the EMHRN discussed the new Law on Societies during a visit in Jordan

A delegation of the EMHRN discussed the new Law on Societies during a visit in Jordan

A delegation of the Euro-Mediterranean Human Rights Network (EMHRN) consisting of Kamel Jendoubi – President of the EMHRN, Nizam Assaf - Member of the Executive Committee of the EMHRN and Director of the Amman Center for Human Rights Studies (ACHRS), Lina Alqurah – Director of the Gender Project at the EMHRN as well as Anne Sophie Schaeffer – Coordinator of the Euro-Mediterranean Foundation of Support to Human Rights Defenders (EMHRF) met with representatives of the EU Delegation and the French Embassy on the occasion of the endorsement of the new law on societies. The meetings also focused on the necessity for the EC Delegation to raise awareness of Jordan-EU relations among the civil society and to activate the Framework of Action adopted at the Euro-Mediterranean ministerial conference "strengthening the role of women in the society", which enhance the promotion of gender equality and women rights. A meeting was then organized with International NGOs and funding agencies operating in Jordan in order to share common concerns.

The delegation of the EMHRN expressed its concern in light of the restrictive nature of a number of provisions of the law on associations[1]. In fact, the new legislation grants even more discretionary powers over the associations to the administrative authorities.

In particular, the EMHRN is concerned by the fact that the registration of an association will be subject to prior approval by the authorities, rather than mere notification procedure. Furthermore, the association registry will be controlled by an Officer of the registry appointed by the Cabinet on the advice of the Minister. These arrangements will fail to guarantee independent and impartial regulation of associations as required by international standards.

The EMHRN also voiced its deep concerns by the fact that under the law that the Minister concerned and the Officer of the registry may appoint a representative who will be able to sit in on meetings of the general assembly of the association. In addition, certain decisions of the general assembly will be subjected to prior approval by the authorities before becoming valid. Furthermore, associations will be compelled to accept as members, with voting power on the board of directors, anyone who meets the admissibility criteria, with the risk that an association might be infiltrated by agents of the government with the aim of controlling its activities. Associations will also be required to submit a “work program” to the authorities each year; this could also be a way to interfere in their internal affairs and activities.

The law also provides that associations that wish to receive donations, subsidies or any other contributions from non-Jordanian sources must first request permission from the Minister concerned. The law provides that associations that fail to abide by those provisions, which contravene to Article 13 of the Declaration on Human Rights Defenders adopted by the U.N. General Assembly in December 1989, may face a number of penalties, including disbanding following a request by the Minister concerned.

For the reasons stated above, the EMHRN considers that the law on societies, in its present form, does not guarantee adequately the rights of associations in Jordan. Consequently, the EMHRN asks the Jordanian authorities to review and amend it so that it will comply with the principles of international law pertaining to the protection of human rights.


The EMHRN also voiced its deep concerns by the fact that under the law that the Minister concerned and the Officer of the registry may appoint a representative who will be able to sit in on meetings of the general assembly of the association. In addition, certain decisions of the general assembly will be subjected to prior approval by the authorities before becoming valid. Furthermore, associations will be compelled to accept as members, with voting power on the board of directors, anyone who meets the admissibility criteria, with the risk that an association might be infiltrated by agents of the government with the aim of controlling its activities. Associations will also be required to submit a “work program” to the authorities each year; this could also be a way to interfere in their internal affairs and activities.

The law also provides that associations that wish to receive donations, subsidies or any other contributions from non-Jordanian sources must first request permission from the Minister concerned. The law provides that associations that fail to abide by those provisions, which contravene to Article 13 of the Declaration on Human Rights Defenders adopted by the U.N. General Assembly in December 1989, may face a number of penalties, including disbanding following a request by the Minister concerned.

For the reasons stated above, the EMHRN considers that the law on societies, in its present form, does not guarantee adequately the rights of associations in Jordan. Consequently, the EMHRN asks the Jordanian authorities to review and amend it so that it will comply with the principles of international law pertaining to the protection of human rights.

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