Report on Human Rights Practices for 2000
Jordan
The Hashemite Kingdom of Jordan is a constitutional
monarchy ruled by King Abdullah II bin Hussein since the death of his
father, King Hussein bin Talal, in February 1999. The Constitution
concentrates a high degree of executive and legislative authority in the
King, who determines domestic and foreign policy. In the King's
absence, a regent, whose authority is outlined in the Constitution, assumes
many of these responsibilities. The Prime Minister and other members
of the Cabinet are appointed by the King and manage the daily affairs of
government. The Parliament consists of the 40-member Senate,
appointed by the King, and the 80-member Chamber of Deputies, which is
elected every 4 years. The lower house asserts itself only
intermittently on domestic and foreign policy issues. The 1997
parliamentary elections were marred by reports of registration
irregularities, fraud, and restrictions on the press and on campaign
materials. According to the Constitution, the judiciary is
independent of other branches of government; however, in practice it is
susceptible to political pressure and interference by the executive.
General police functions are the responsibility of the
Public Security Directorate (PSD). The PSD, the General Intelligence
Directorate (GID), and the military share responsibility for maintaining
internal security, and have authority to monitor the activities of persons
believed to be security threats. Elements of the security forces
continue to commit human rights abuses.
Jordan has a mixed economy, with significant but
declining government participation in industry, transportation, and
communications. The country has few natural resources and relies
heavily on foreign assistance and remittances from citizens working abroad.
During the year, the Government took steps to increase privatization and to
improve the country's investment climate during the year. For
example, in April the country acceded to the World Trade Organization,
which entailed extensive legislative and regulatory reform. However,
the economy continues to suffer from chronically high unemployment, and GDP
growth has remained between 1 and 2 percent since 1996. Price
controls remain on bread, pharmaceuticals, gasoline, and animal feed.
Wages remain stagnant. International sanctions against Iraq,
historically the country's largest trading partner, continue to inhibit
export growth. Violence in the occupied territories late in the year
adversely affected the tourist industry, and many foreign investment
projects were frozen. Per capita gross domestic product in 1999 was
approximately $1,542 (1,086 dinars). Many families, especially those
in rural areas, are unable to meet basic needs to subsist.
There continued to be significant problems in the
Government's human rights record. There are significant restrictions
on citizens' right to change their Government. Citizens may
participate in the political system through their elected representatives
in Parliament; however, the King has discretionary authority to appoint and
dismiss the Prime Minister and Cabinet, to dissolve Parliament, and to
establish public policy. Other human rights problems include
extrajudicial killings by members of the security forces, police abuse and
mistreatment of detainees; allegations of torture; arbitrary arrest and
detention; lack of transparent investigations and accountability within the
security services; prolonged detention without charge; lack of due process
of law and interference in the judicial process; infringements on citizens'
privacy rights; harassment of members of opposition political parties and
the press; and significant restrictions on freedom of speech, press,
assembly, and association. The 1999 Press and Publications Law
reduced somewhat the restrictions outlined in previous legislation on the
ability of journalists and publications to function and report freely;
however, significant restrictions continued to be in effect. The
Government imposes some limits on freedom of religion, and there is
official and societal discrimination against adherents of unrecognized
religions. The evangelical Christian community reported fewer
incidents of governmental harassment during the year. There are some
restrictions on freedom of movement. Violence against women,
restrictions on women's rights, and societal discrimination against women
are problems. The law still allows for reduced punishments for
violent "honor crimes" against women for alleged immoral acts.
Child abuse remains a problem, and discrimination against Palestinians
persists. Abuse of foreign servants is a problem.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person,
Including Freedom From:
a. Political and Other Extrajudicial Killings
There were no reports of political killings by
government officials; however, security forces committed several
extrajudicial killings.
In January police reportedly beat Mar'i Khalil Al-Jahran in a South Shuna
police station, where he bled to death.
In March security forces fired at a group of villagers
of the Bedul Tribe near Petra, killing a 21-year-old man and 2 teenagers.
The villagers were protesting the demolition of a home by members of the
Petra Regional Authorities; the home reportedly was built illegally on
government-owned land. The Ministry of Interior stated that security
forces acted in
self-defense after villagers, armed with sticks, stones, and firearms
attacked a group of officials from the Petra Regional Council who were
attempting to carry out the demolition order. Following the incident,
the Government stated that it would investigate and punish those
responsible for the violence; however, by year's end, the Government had
not taken legal action against any party. The Government did not
launch an official investigation of the incident; however, King Abdullah
offered the villagers an extensive compensation package, including economic
assistance and increased land for housing.
In May police reportedly beat Musa Shalback in Hai Nazal
after pursuing him for allegedly stealing a car and hitting two
pedestrians. According to eyewitnesses, police handcuffed Shalback,
severely beat him, and subsequently took him at a local hospital.
Shalback was in a coma when he arrived to the hospital where he died from
his injuries 10 days later. The Government stated that Shalback died
as a result of injuries sustained in a car crash that followed the pursuit.
By year's end, the Government had not responded to diplomatic inquiries
about this case.
On October 6, police used batons and tear gas to
disperse protesters in Baqaa refugee camp; one person was killed and six
others were injured during the protest. Protesters claim that police
caused the death and injuries, while police personnel claim that the
demonstrators caused the fatalities (see Sections 1.c. and 2.b.).
On July 20, 16-year-old Amjad Salem Ahmad Smadi died at
a police station in Ajloun 45 minutes after police officers placed him in
custody for suspected robbery. Government officials initially
reported that Smadi hanged himself; however, family members and other
residents of Ajloun demanded an investigation into the death. In
response the Government formed an ad-hoc parliamentary committee to look
into the incident and transferred the police officers and the local
prosecutor to another part of the country. An unpublished forensics
report supported the original autopsy's conclusion that the death was a
suicide; however, the report also stated that Smadi was beaten prior to his
death. Human rights activists and family members believe that the boy
died as a result of the beatings and subsequently was hanged to make it
appear as if he had committed suicide. Neither diplomatic
representatives nor human rights activists were able to uncover evidence to
support either the family's claims or to refute the Government's position.
The security services continue to be reluctant to
conduct transparent investigations into allegations of wrongful deaths that
occurred during police detention in previous years, thus promoting a
climate of impunity.
There were no developments in the investigation of the
May 1999 death of Mahmoud Rashid Qasem Mohammed Ishtayeh, who died in a
hospital while in police custody. His family claimed that he died of
injuries suffered during a beating; however, prison officials maintained
that Ishtayeh died of natural causes.
There were no developments in the investigation of the
police officers who killed Maseed tribesmen in March 1998 or Mohammad Al-Khattub
and Ismail Suleiman Ajarmeh in February 1998.
Women continued to be victims of "honor
killings" (see Section 5).
b. Disappearance
There were no reports of politically motivated
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law provides prisoners with the right to humane
treatment; however, the police and security forces sometimes abuse
detainees physically and verbally during detention and interrogation and
allegedly also use torture. Allegations of torture are difficult to
verify because security officials frequently deny detainees timely access
to lawyers. The most frequently alleged methods of torture are sleep
deprivation, beatings on the soles of the feet, prolonged suspension with
ropes in contorted positions, and extended solitary confinement.
Defendants in high-profile cases before the State Security Court claimed to
have been subjected to physical and psychological abuse while in detention.
Government officials deny allegations of torture and abuse.
A number of cases of beatings while in police custody
were reported to human rights activists during the year. Human rights
activists believe that there were many more incidents that were not
documented. Iraqi weightlifter Kazem Dashi claimed that he was beaten
and intimidated during his April detention (see Section 1.d.). Musa
Shalback died in a hospital in March 10 days after police reportedly beat
him in Hai Nazal (see Section 1.a.). Periodic detentions of foreign
workers continue and allegations of overcrowded cells and physical abuse by
guards persist.
Police on several occasions used force to disperse
demonstrations during the year (see Sections 1.a. and 2.b.). For
example, in April newspapers reported that police used excessive force to
disperse student demonstrations at Jordan University, injuring a number of
protesters. The students were protesting the administration's recent
changes to the university's student council law, which were designed to
curb the influence of Islamists (see Section 2.c.).
On several occasions in October, police used force to
disperse large violent protests against the Israeli Government's actions in
Israel and the occupied territories (see Section 2.b.). For example,
on October 6, police used batons and tear gas to disperse protesters from
Baqaa refugee camp; one person was killed and six were injured during the
protest (see Sections 1.a. and 2.b.). Protesters claimed that police
caused the death and injuries, while police personnel claimed that the
demonstrators caused the fatalities. On October 8, police used batons
against at least five persons at a demonstration at Jordan University.
On October 24, police used tear gas and water cannons to disperse a
demonstration of between 20,000 and 30,000 persons who were approaching a
heavily mined border area. Police injured a number of persons,
including a journalist covering the protest (see Section 2.a.).
On August 7, a small group of Palestinians attacked an
Arab member of the Israeli Parliament at the Baqaa refugee camp.
Police personnel immediately escorted him away from the area. On
November 19, an unknown assailant shot and injured an Israeli diplomat.
On December 5, unknown gunmen shot and injured a second Israeli diplomat.
In December police officials arrested seven persons allegedly connected to
these attacks.
Prisons and local police detention facilities are Spartan, and on the whole
are severely overcrowded and understaffed. Human rights groups and
prisoners complained of poor food and water quality, inadequate medical
facilities, and poor sanitation in certain facilities. During the
year, the Government opened a new prison facility in an attempt to
alleviate somewhat the problem of overcrowding.
The Government holds some of the prisoners who are detained on national
security grounds in separate detention facilities maintained by the GID.
The Government holds other security detainees and prisoners in regular
prisons. Conditions in GID detention facilities are significantly
better than general police detention facilities. The security
prisoners often are separated from common criminals; however, conditions
for them do not differ significantly.
With some exceptions, the International Committee of the
Red Cross (ICRC) is permitted unrestricted access to prisoners and prison
facilities, including GID facilities. In 1999 the Government formally
granted the U.N. High Commissioner for Refugees (UNHCR) access to
prisoners. However, the Government did not inform the UNHCR of the
presence of seven Libyan security detainees prior to their deportation from
the country, which effectively denied the UNHCR access to the detainees
(see Section 2.d.). Local human rights monitors are allowed to visit
prisons, but complain that the authorities require them to undertake a
lengthy and difficult procedure in order to obtain permission for such
visits.
d. Arbitrary Arrest, Detention, or Exile
The security forces arbitrarily arrest and detain
citizens. Under the Constitution, citizens are subject to arrest,
trial, and punishment for the defamation of heads of state, dissemination
of "false or exaggerated information outside the country that attacks
state dignity," or defamation of public officials.
The Criminal Code requires that police notify legal
authorities within 48 hours of an arrest and that legal authorities file
formal charges within 10 days of an arrest; however, the courts routinely
grant requests from prosecutors for 15-day extensions as provided by law.
This practice generally extends pretrial detention for protracted periods
of time. In cases involving state security, the authorities
frequently hold defendants in lengthy pretrial detention, do not provide
defendants with the written charges against them, and do not allow
defendants to meet with their lawyers until shortly before trial.
Defendants before the State Security Court usually meet with their
attorneys only 1 or 2 days before their trial.
The Government detains persons, including journalists,
for varying amounts of time for what appear to be political reasons (see
Section 2.a.). Human rights sources reported that more than 500
persons were detained for security reasons and subsequently released within
a short period of time throughout the year. This number likely
underestimates the total number of political detainees. Human rights
groups report that there are a smaller number of long-term political
detainees.
Local governors have the authority to enact the 1954
Preventing Crimes Law, which allows them to place citizens under house
arrest for up to a year without formally charging them (see Section 2.d.).
House arrest may involve requiring persons to report daily to a local
police station and the imposition of a curfew. Persons who violate
the terms of their house arrest may be imprisoned for up to 14 days.
In April the GID arrested Hassan Mahmoud Abdullah Abu
Hanieh and held him without charge, legal representation, or access to the
government prosecutor for 20 days (see Sections 1.f. and 2.d.).
On April 13, the GID allegedly detained without charge
Iraqi weightlifter Kazem Dashi at the Al-Ruwayshid border point; the GID
released Dashi the same day. Dashi claimed that he was beaten and
intimidated during his interrogation in GID custody (see Section 1.c.).
The Government denied the allegations.
In July the GID detained 12 persons from Salt without
charge, allegedly for security reasons. The Government stated that
some of the detainees were arrested because they were "religious
individuals" and that some were members of political parties. In
December the Government released all of the detainees; 4 of the 12 were
charged after admitting that they had planned terrorist activities and were
required to post bail.
In October following widespread protests against the
Israeli Government's actions in Israel, the West Bank, and Gaza, police
detained hundreds of persons. Police did not charge most of the
demonstrators and released them within 1 day.
The Government uses the threat of detention to
intimidate journalists into practicing self-censorship (see Section 2.a.).
In past years, police typically detained for 5 to 10 days numerous
journalists who criticized government officials or policies; some of the
journalists experienced abuse. When the Government did file charges,
convictions were rare; however, some proceedings lasted several years with
defendants required to appear in court regularly. During the year,
police arrested at least one journalist because of an article he wrote (see
Section 2.a.).
There was no further information on Basil Abu Ghoshe,
who continued to be detained despite having completed his sentence in 1998,
ostensibly for his own protection due to threats from a rival tribe.
The security services detained approximately 50 persons,
described in the press as "Islamists," during the year.
These detentions were related to allegations of involvement in terrorist or
strictly political activities.
The Constitution prohibits the expulsion of any citizen,
and the Government does not routinely use forced exile; however, in 1999
the Government allegedly expelled four HAMAS leaders, who subsequently
filed an appeal to reverse the expulsion. On June 25, the High Court
rejected on technical grounds an appeal by the defendants' attorney to
reverse the alleged order of expulsion. The case was considered
closed at year's end.
e. Denial of Fair Public Trial
The Constitution provides for the independence of the
judiciary; however, the judiciary is subject to pressure from the executive
branch. A judge's appointment to, advancement within, and dismissal
from the judiciary are determined by a committee whose members are
appointed by the King. The Ministry of Justice has great influence
over a judge's career and subverts the judicial system in favor of the
executive branch. There have been numerous allegations that judges
have been "reassigned" temporarily to another court or judicial
district in order to remove them from a particular proceeding. Judges
also complain of unlawful telephone surveillance.
The judicial system consists of several types of courts.
Most criminal cases are tried in civilian courts, which include the appeals
courts, the Court of Cassation, and the Supreme Court. Cases
involving sedition, armed insurrection, financial crimes, drug trafficking,
and offenses against the royal family are tried in the State Security
Court. In 1997 the Parliament passed amendments to the law governing
the State Security Court that effectively extended its mandate
indefinitely. The amendments had been rejected earlier by the lower
house's judicial committee as "undemocratic" and contrary to the
principle of judicial independence.
Shari'a (Islamic law) courts have jurisdiction over
marriage and divorce among Muslims and inheritance cases involving both
Muslims and non-Muslims. Christian courts have jurisdiction over
marriage and divorce cases among Christians, but apply Shari'a law in
inheritance cases (see Section 5).
Most trials in the civilian courts are open.
Defendants are entitled to legal counsel, may challenge witnesses, and have
the right to appeal. Defendants facing the death penalty or life
imprisonment must be represented by legal counsel. Public defenders
are provided if the defendant in such cases financially is unable to hire
legal counsel. Shari'a as applied in the country regards the
testimony of a woman to be equal to half that of a man. This
provision technically applies only in religious courts; however, in the
past it has been imposed in civil courts as well, regardless of religion.
The State Security Court consists of a panel of three
judges who may be either civilians or military officers. Sessions
frequently are closed to the public. Defendants tried in the State
Security Court often are held in pretrial detention without access to
lawyers, although they may be visited by representatives of the ICRC.
In the State Security Court, judges have inquired into allegations that
defendants were tortured and have allowed the testimony of physicians
regarding such allegations. The Court of Cassation has ruled that the
State Security Court may not issue a death sentence on the basis of a
confession obtained as a result of torture. Defendants in the State
Security Court have the right to appeal their sentences to the Court of
Cassation, which is authorized to review issues of both fact and law.
Appeals are automatic for cases involving the death penalty.
In the past, defense attorneys have challenged the
appointment of military judges to the State Security Court to try civilian
cases as contrary to the concept of an independent judiciary.
Military judges appear to receive adequate training in civil law and
procedure.
In the past, the press routinely carried details of
cases tried before the State Security Court, despite 1998 provisions in the
Press and Publication Law that prohibited press coverage of any case that
was under investigation, unless expressly permitted by the authorities.
The 1999 Press and Publications Law permits journalists to cover court
proceedings "unless the court rules otherwise" (see Section
2.a.). There was press coverage of trials in the State Security Court
during the year.
On September 18, the Security Court convicted 22
suspected members of the "Al-Qaeda" terrorist network of planning
attacks at tourist sites around the country during millenium celebrations.
The court sentenced 6 of those convicted to death and 16 to prison
sentences ranging from 7 years to life.
In 1999 the Government expelled four HAMAS leaders (see
Section 1.d.); there were credible reports of executive branch influence
with respect to the verdict. On June 25, the High Court rejected on
technical grounds an appeal by the defendants' attorney to reverse the
order of expulsion. The case was considered closed at year's end.
In late 1999, lawyers refused to represent an Israeli
citizen who was accused of forging official documents. The court
convicted him and he was sentenced to 1 year in prison.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family,
Home, or Correspondence
The Constitution requires that security forces obtain a
warrant from the Prosecutor General or a judge before conducting searches
or otherwise interfering with these rights, and the security services
generally respect these constitutional restrictions; however, in security
cases, the authorities sometimes--in violation of the law--obtain warrants
retroactively or obtain preapproved warrants. Security officers
monitor telephone conversations and Internet communication, read
correspondence, and engage in surveillance of persons who are considered to
pose a threat to the Government or national security. The law permits
these practices if the Government obtains a court order. Judges
complain of unlawful telephone surveillance (see Section 1.e.).
In June the GID confiscated without a warrant a box of
publications from Hassan Mahmoud Abdullah Abu Hanieh, detained him without
charge for 20 days, then placed him under house arrest (see Sections 1.d.
and 2.d.).
The Government did not block the entry of foreign
publications (see Section 2.a.).
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of
the press; however, the Government imposes some restrictions on these
rights.
The 1998 Press and Publications Law and the 1999
revisions to the law, combined with the 1998 Press Association Law, impose
stringent restrictions on the operation of newspapers. The Government
also intimidates journalists to encourage
self-censorship. Private citizens may be prosecuted for slandering
the royal family, the Government, or foreign leaders, and for "sowing
sedition." The Press and Publications Law and the law governing
the Jordan Press Association (JPA) require membership in the JPA for
persons to be considered "legal" journalists or editors, thus
potentially excluding dozens of practicing journalists from the profession.
The JPA uses its authority to enforce bans on journalists receiving funding
from foreign sources or having Israeli contacts (see Section 4). In
August 1999, then Prime Minister Abdul Raouf Rawabdeh issued an order
directing government offices to cooperate only with JPA members.
Citizens generally do not hesitate to criticize the Government openly, but
are more circumspect in regard to the King and the royal family.
The 1998 Press and Publications Law granted the Government wide
discretionary powers to issue fines, withdraw licenses, and order
shutdowns, which enabled it to control the editorial content of newspapers.
The law also prohibited reporting on criminal cases or crimes at any stage
of the investigation without prior authorization from the public
prosecutor. However, the 1999 amendments to the Press and
Publications Law, limit somewhat the Government's discretion to issue
fines, transfer the power to withdraw licenses to the judiciary, limit
significantly the Government's power to order shutdowns, and allow
journalists to cover court proceedings "unless the court rules
otherwise." The 1999 amendments to the Press and Publications
Law also reduce the fine for violations at between $700 and $1,400 (500 to
1,000 dinars), down from between $7,000 and $14,000 (5,000 and 10,000
dinars) under the 1998 Press and Publications Law (see Section 1.e.).
It was illegal under the 1998 Press and Publications Law to publish news,
opinion, information, reports, caricatures, or photos that disparage the
King or the royal family, pertain to the armed forces or security services,
harm national unity, disparage religion, offend an individual or harm his
reputation, disparage the heads of friendly states, harm the country's
relations with other nations, promote perversion or lead to moral
corruption, shake confidence in the national currency, or feature false
news or rumors. Although these restrictions were modified by the 1999
amendments to the Press and Publications Law, prohibitions on such
activities still exist in the Penal Code and a number of other laws.
According to the 1999 Press and Publications Law, all
publications must be licensed by the Government. The law provides
that those who seek to obtain a newspaper license must show proof of
capital of $700,000 (500,000 dinars) for a daily newspaper, $70,000 (50,000
dinars) for most other publications, and $7,000 (5,000 dinars) for
specialized publications. The law also requires that the editor in
chief of a newspaper be a citizen who permanently resides in the country
and a member of the JPA for at least 4 years. This last provision
reflects a reduction in the requirements from previous legislation but
places the onus of regulation on the JPA.
Persons accused of violating the Press and Publications
Law are tried in a special court for press and copyright cases.
Journalists also may be prosecuted for criminal and security violations in
connection with their work. Although a substantial number of cases
are dismissed before trial, many other cases linger in the courts for
years. The Government routinely uses detention and prosecution or the
threat of prosecution to intimidate journalists and thereby successfully
encourages self-censorship (see Section 1.d.).
The Penal Code authorizes the State to take action
against any person who incites violence, defames heads of state,
disseminates "false or exaggerated information outside the country
that attacks state dignity," or defames a public official.
In January security forces arrested engineering student
Asim Ogla Al-Maghayirah from the University of Science and Technology,
accusing him of affiliation with a banned political party (Al-Tahrir) and
distributing illegal pamphlets (see Section 2.b.).
On May 25, police arrested Basil Talluzi, a freelance
journalist and short-story writer for the independent weekly newspaper
Al-Mir'ah (The Mirror), for writing a satirical article about leaders in
the Arab world (see Section 1.d.). Talluzi was released the next day
and reported that he was not mistreated while in detention. The JPA
claimed credit for obtaining Talluzi's prompt release.
In October police reportedly beat and confiscated the
film of a reporter covering a demonstration against the Israeli
Government's actions in Israel and the occupied territories. The
police officer reportedly apologized and returned the film to the
journalist the next day (see Sections 1.c. and 2.b.).
In September the JPA voted to expel Nidal Mansour, its
own vice president and the president of a nongovernmental organization
(NGO), the Center for Defending Freedom of Journalists (CFJ). Mansour
allegedly received foreign funding for CFJ activities (see Section 4).
As a result of his expulsion from the JPA, Mansour was not permitted to
keep his position as editor in chief of Al-Hadath newspaper. The
Jordan Times, an English language newspaper, published an article
criticizing the JPA's expulsion of Mansour. The JPA threatened the
editor in chief of the Jordan Times with disciplinary measures; she
subsequently published an apology letter. In October Mansour filed a
complaint to the High Court of Justice; the court suspended the expulsion
order pending review of the case.
In 1999 a columnist of Al-Arab Al-Yawm newspaper wrote
an article that was critical of the JPA. The JPA subsequently
suspended for 2 years the newspaper's editor in chief, Azzam Yunis, along
with three other journalists. In June Yunis appealed the action;
however, his request was denied.
In March the Government banned a book of poems written
by Musa Hawamdeh due to pressure from radical Islamists. In June the
Shari'a court charged Hawamdeh with apostasy. The complainant
requested that Hawamdeh publicly retract the controversial statements in
his poem and requested that the Shari'a judge order that he divorce his
wife and lose his rights to inherit property or manage his own wealth.
The Shari'a court referred the case to a civil court. In July both
the Shari'a and criminal courts acquitted Hawamdeh of all charges, without
his retracting any portion of the poem (see Section 2.c.).
According to local press reports, the Press and
Publications Department also banned a book of poetry by Ziyad Al-Anani in
April; the book contained a poem that reportedly was offensive to Islam.
The authorities did not bring charges against
Al-Anani; the book was published and distributed in Beirut, Lebanon due to
the Jordanian ban (see Section 2.c.).
Some journalists complained about high taxes on the
media industry and tariffs on paper, which they claim led them to reduce
the size of their publications. They also criticized the Government
for its policy of advertising predominantly in newspapers in which the
Government owns shares.
The Government did not block the entry of foreign
publications. In January the Government passed a bill that grants
foreign media operations "absolute freedom of expression" in the
country. The bill reportedly was passed in order to encourage foreign
investment. Some commentators criticized the Government for passing a
bill that offers full autonomy for foreign journalists while maintaining
laws that restrict freedom of expression for local journalists.
Radio and television news broadcasts are more restricted
than the print media. The Government is the sole broadcaster of radio
and television programs. The Government has commercial agreements
with the British Broadcasting Corporation, the London-based Middle East
Broadcasting Center, and Radio Monte Carlo that allows it to simulcast
regional programs using local radio transmitters. Jordan Television (JTV)
reports only the Government's position on controversial matters.
International satellite television and Israeli and Syrian television
broadcasts are available and unrestricted.
In December due to widespread criticism of local media
coverage of events in Israel, the West Bank, and Gaza, King Abdullah took
steps to reform the state media. For example, the King appointed new
members to the board of the Jordan Radio and Television Corporation (JRTVC)
and reportedly instructed the new director to discontinue the traditional
practice of placing items about the King first in the evening news lineup.
The Minister of Information also announced a plan to create an independent
regulatory commission.
The GID actively investigates Internet reports of
"crimes against the king."
The Government limits academic freedom. No
university professors were dismissed for their political views during the
year; however, some academics claim that they receive frequent threats of
dismissal. In March Jordan University granted the president of the
university the authority to appoint half of the university's 80-member
student council, including the chair (see Section 2.b.).
b. Freedom of Peaceful Assembly and
Association
The Government restricts freedom of assembly.
Citizens must obtain permits for public gatherings. Following a
demonstration on October 6 in which one protester was killed and six were
injured, the Government banned all demonstrations and public rallies.
However, a number of demonstrations subsequently were held with government
acquiescence despite the ban. Before the ban, the Government denied
permits for public protests and rallies that it determined pose a threat to
security.
In February the Government twice refused requests by
human rights activists to hold demonstrations to protest a parliamentary
vote rejecting the repeal of Article 340, the
so-called honor crimes law. However, on February 14, Prince Ali bin
Hussein and Prince Ghazi bin Mohammed, led more than 5,000 persons in a
march to Parliament to demand the cancellation of Article 340. The
Ministry of Interior denied permits for an Islamic Action Front (IAF)
counterdemonstration. Some commentators criticized the Government for
organizing and controlling the demonstration instead of allowing human
rights activists to organize their own demonstration.
In March Jordan University's administration amended the
Student Council election law, granting the University president the
authority to appoint half of the University's 80-member student council,
including the chair. The amendment was viewed widely as an effort to
curb the influence of campus Islamists. Many students, including
non-Islamists, objected to the University's decision, and staged several
demonstrations throughout April to protest against the appointments.
Police used physical force, water cannons, and tear gas to disperse
demonstrations, injuring a number of students (see Section 1.c.).
On July 1, the Higher Coordination Committee for
Opposition Parties convened a rally to welcome home the three members of
the Jordanian Professional Association who were shot by Israeli soldiers at
a protest at the border between Israel and Lebanon.
In August the Islamic Action Front organized several
large demonstrations in support of Palestinian sovereignty over East
Jerusalem. There was heavy police presence at these demonstrations;
however, security forces did not prevent the demonstrations.
In October there were numerous large demonstrations
against the Israeli Government's actions in Israel and the occupied
territories and in support of Palestinians. Police used force to
disperse demonstrators during several violent demonstrations (see Sections
1.a. and 1.c.).
The Government restricts freedom of association.
The Government requires, but routinely grants, approval for conferences,
workshops, and seminars.
The Government routinely licenses political parties and
other associations. There currently are 25 licensed political
parties. Membership in an unlicensed political party is illegal.
The Government may deny licenses to parties that it decides do not meet a
list of political and other criteria contained in the Political Parties
Law. The High Court of Justice may dissolve a party if it violates
the Constitution or the Political Parties Law.
In January security forces arrested engineering student
Asim Ogla Al-Maghayirah from the University of Science and Technology,
reportedly due to his affiliation with a banned political party (Al-Tahrir)
and because he allegedly distributed illegal pamphlets (see Section 2.a.).
c. Freedom of Religion
The Constitution provides for the safeguarding of
"all forms of worship and religious rites in accordance with the
customs observed in the Kingdom, unless such is inconsistent with public
order or morality;" however, the Government imposes some restrictions
on freedom of religion. Citizens may not always practice the religion
of their choice. According to the Constitution, Islam is the state
religion.
Islamic institutions are managed by the Ministry of
Religious Affairs and Trusts, which appoints imams and subsidizes certain
activities sponsored by mosques. Religious institutions, such as
churches that wish to receive official government recognition, must apply
to the Prime Ministry for registration. The Protestant denominations
registered as "societies" come under the jurisdiction of one of
the recognized Protestant churches for purposes of family law, such as
divorce and child custody. The Government does not recognize a number
of religions.
Over 90 percent of the population are Sunni Muslim, and
according to official government statistics, approximately 6 percent are
Christian. Government and Christian officials privately estimate the
true figure to be closer to between 2 and 4 percent. The Government
does not recognize religious faiths other than the three main monotheistic
religions: Islam; Christianity; and Judaism. In addition not
all Christian denominations have been accorded official government
recognition. Officially recognized denominations include the Greek
Orthodox, Roman Catholic, Greek Catholic (Melkite), Armenian Orthodox,
Maronite Catholic, and the Assyrian, Anglican, Lutheran, Seventh-Day
Adventist, United Pentecostal, and Presbyterian Churches. Other
churches, including the Baptist Church, the Free Evangelical Church, the
Church of the Nazarene, the Assembly of God, and the Christian Missionary
Alliance, are registered with the Ministry of Justice as
"societies" but not as churches. There also are small
numbers of Shi'a and Druze, as well as adherents of the Baha'i Faith.
The Government does not interfere with public worship by the country's
Christian minority. However, although the majority of Christians are
allowed to practice freely, some activities, such as proselytizing or
encouraging conversion to the Christian faith--both considered incompatible
legally with Islam--are prohibited. Christians are subject to aspects
of Shari'a (Islamic law) that designate how inheritances are distributed.
The Government does not recognize Jehovah's Witnesses, the Church of
Christ, or the Church of Jesus Christ of Latter-Day Saints, but each of
these denominations is allowed to conduct religious services and activities
without interference.
The Government does not recognize the Baha'i Faith as a
religion but does not prohibit the practice of the faith. However,
Baha'is, who number approximately 800 citizens, face both official and
societal discrimination. The Government does not record the bearer's
religion on national identity cards issued to Baha'is, nor does it register
property belonging to the Baha'i community. Adherents of the Baha'i
Faith are considered as Muslims for purposes of family and inheritance law.
Unlike Christian denominations, the Baha'i community does not have its own
court to adjudicate personal status and family matters. Baha'i
personal status matters are heard in Shari'a courts.
Non-Jordanian Christian missionaries operate in the
country but are subject to restrictions. Christian missionaries may
not proselytize Muslims. Since late 1998, foreign Christian mission
groups in the country have complained of increased bureaucratic
difficulties, including refusal by the Government to renew residence
permits.
The Jordan Evangelical Theological Seminary (JETS), a
Christian training school for pastors and missionaries, which requested
registration from the Ministry of Education in 1998, was not registered by
year's end. Pending such registration, in 1999 authorities suspended
renewal of the residence permits of all of the seminary's 36 foreign
students and 2 members of the faculty. In 1998 and 1999, some
noncitizen Arab Muslim students were deported and asked to leave the
country as a result of their association with JETS. To date the
Ministry of Education's refusal to issue visas has affected 14 of 140
students and 4 staff members of the school.
In 1999 an employee of a small language school in Amman
twice applied for a residence permit from the Ministry of Interior.
His application was denied on both occasions, reportedly because government
officials believed that he had been trying to convert Muslims to
Christianity. He reapplied in April and was awaiting a response from
the Government at year's end.
In January GID officials contacted an official of Life
Agape (formerly Campus Crusade for Christ)--an organization associated with
the Baptist Church, which distributes Bibles and conducts Bible
studies--and asked him to sign a letter stating that he would not
"deal with Muslims." The GID officers told the official
that if he did not sign the letter his office would be closed. In
February police brought the letter to the Life Agape office, and escorted
the official to the police station, and then to meet with the Governor of
the Amman municipality. The following day, the Governor closed the
Life Agape office; no reason was specified on the Governor's order.
The Government notes individuals' religions (except for
Baha'is) on the national identity card and "family book" (a
national registration record issued to the head of every family that serves
as proof of citizenship) of all citizens.
The Constitution provides that congregations have the
right to establish schools for the education of their own members
"provided that they comply with the general provisions of the law and
be subject to the control of government in matters relating to their
curricula and orientation."
In February criticism of a poem entitled
"Yusef," which was included in a book of poems published in May
1999 by Muslim poet Musa Hawamdeh, began to circulate in mosques in Amman.
Radical Islamists escalated the criticism of the poem and the poet, calling
for the poet to be killed if he refused to recant the poem and for him to
be divorced forcibly from his Muslim wife. Criticism of the poem from
the Ministers of Religious Affairs and Information followed, and by the end
of March, the Government banned the book in which the offending poem was
published. In June Hawamdeh was summoned to a Shari'a court to face
allegations of apostasy; he was charged by the head of court clerks with
denying Koranic facts and defaming a prophet. The complainant
requested that Hawamdeh publicly retract the controversial statements in
his poem and requested that the Shari'a judge order that he divorce his
wife and lose his rights to inherit property or manage his own wealth.
The Shari'a court referred the case to a civil court. In July both
the Shari'a and criminal courts acquitted Hawamdeh of all charges, without
requiring him to retract any portion of the poem (see Section 2.a.).
According to local press reports, the Press and
Publications Department banned a second book of poetry, by Ziyad Al-Anani
in April; the book contained a poem that reportedly was offensive to Islam.
The authorities did not bring charges against
Al-Anani. The book was published and distributed in Beirut, Lebanon
due to the Jordanian ban.
In June due to a dispute stemming from an intrachurch
rivalry between the Jerusalem Patriarchate and the Antioch Orthodox
Patriachate, the Government closed an Arab Orthodox church in Amman that
was aligned with the Antioch Patriarchate in Damascus, Syria. The
Government closed the church following a request from local Orthodox
hierarchy to enforce a 1958 law that grants the Jerusalem Patriarchate
authority over all Orthodox churches in the country. On November 29,
the Government gave permission to the church to open officially on December
14 despite the fact that the dispute over authority had not been resolved.
The church opened as scheduled; however, the Government closed it down 1
week later, stating that the church was in violation of the 1958 law for
associating itself with the Orthodox church. The Government
reportedly stated that the church has permission to reopen under a
different name.
In December 1999, the municipality of Amman closed the
Roy and Dora Whitman Academy--a nonprofit missionary school in
Amman--on the basis that it was not registered with the Ministry of
Education. In April the school received registration and reopened.
In July the Ministry of Labor approved official work permits for the
academy's staff.
Shari'a in the country is applied in all matters
relating to family law involving Muslims or the children of a Muslim
father; all citizens, including non-Muslims, are subject to Islamic legal
provisions regarding inheritance. All minor children of a male
citizen who converts to Islam are automatically considered to be Muslim.
Adult children of a male Christian who has converted to Islam become
ineligible to inherit from their father if they do not themselves convert
to Islam. In cases where a Muslim converts to Christianity, the act
is not recognized legally by the authorities, and the subject continues to
be treated as a Muslim in matters of family and property law. The
minor children of a male Muslim who converts to Christianity continue to be
treated as Muslims under the law.
The law prohibits non-Muslims from proselytizing
Muslims. Conversion to the Muslim faith by Christians is allowed;
however, a Muslim may not convert to another religion. Muslims who
convert to other faiths complain of social and government discrimination.
The Government does not recognize the legality of such conversions.
Under Shari'a converts are regarded as apostates and legally may be denied
their property and other rights. However, this principle is not
applied. Converts from Islam do not fall under the jurisdiction of
their new religion's laws in matters of personal status and still are
considered Muslims under Shari'a, although the reverse is not true.
Shari'a prescribes a punishment of death for conversion; however, there is
no equivalent statute under civil law.
The Political Parties Law prohibits houses of worship
from being used for political party activity. The law was designed
primarily to prevent Islamist parliamentarians from preaching in mosques.
Religious instruction is mandatory for all Muslim
students in public schools. Christian and Baha'i students are not
required to attend courses in Islam.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The law provides for the right of citizens to travel
freely abroad and within the country except in designated military areas;
however, there are some restrictions on freedom of movement. The law
requires that all women, including foreign women married to citizens,
obtain written permission from a male guardian--usually their father or
husband--to apply for a Jordanian passport. During the year, there
were several cases in which mothers reportedly were prevented from
departing with their children because authorities enforced requests from
fathers to prevent their children from leaving the country.
The GID sometimes withholds passports from citizens on
security grounds. Local governors have the authority to enact the
1954 Preventing Crimes Law, which allows them to place citizens under house
arrest for up to a year without formally charging them (see Section 1.d.).
House arrest may involve requiring persons to report daily to local police
station and the imposition of a curfew. Persons who violate the terms
of their house arrest may be imprisoned for up to 14 days.
In April after the GID released Hassan Mahmoud Abdullah
Abu Hanieh following 20 days of detention without charge (see Section
1.d.), the governor of Amman, required Abu Hanieh to report to a local
police station twice daily and to return home by 6:30 p.m. every evening.
Officials did not bring charges against Hanieh and rescinded the house
arrest in August.
Jordanians with full citizenship receive passports that
are valid for 5 years. Most Palestinians living in Jordan are
citizens and receive passports that are valid for 5 years. However, the
Government estimates that there are 150,000 Palestinian residents who are
refugees or children of refugees who arrived from Gaza after 1967 do not
qualify for citizenship. They receive 2-year passports valid for
travel only. In the period following the country's administrative and
legal disengagement from the West Bank in 1988, Palestinians residing in
the West Bank received 2-year passports valid for travel only, instead of
5-year Jordanian passports). In 1995 King Hussein announced that West
Bank residents without other travel documentation again would be eligible
to receive 5-year passports. However, the Government has emphasized
that these passports are for travel only and do not connote citizenship,
which only can be proven by presenting one's "national number," a
civil registration number accorded at birth or upon naturalization to
persons holding citizenship. The national number is recorded on
national identity cards and in family registration books, which are issued
only to citizens.
The Jordanian Society for Citizens' Rights (JSCR)
reported a small number of cases in which Jordanian embassies overseas
refused to issue new passports to Jordanians of Palestinian origin who were
domiciled in foreign countries. Such Palestinians consequently were
unable to return to Jordan.
The Constitution specifically prohibits the deportation
of citizens. However, in July the High Court rejected an appeal
challenging the alleged expulsion of four HAMAS leaders, all four of whom
are citizens (see Sections 1.d., 1.e., and 2.b.).
There were credible reports that, due to a ban on his
entering the country, government officials stopped former Minister of
Parliament, Yaqoub Qarrash, at the border in January when he tried to
return from Saudi Arabia.
There is no law or statute that provides for the
granting of refugee status to asylum seekers. The Government
generally cooperates with the office of the UNHCR. The UNHCR must
resettle refugees in other countries. However, in April 1998, the
Ministry of Interior signed a memorandum of understanding with the UNHCR
concerning the status and treatment of refugees. Under the agreement,
the Government admits asylum seekers, including those who have entered the
country clandestinely, and respects the UNHCR's eligibility determinations
under the refugee definitions set forth in the 1951 U.N. Convention
Relating to the Status of Refugees and its 1967 Protocol. The
agreement provides protection against the forcible return of refugees from
the country, and recognizes the legal definition of a refugee as set forth
in the U.N. Convention. Since 1996 the UNHCR has held regular
seminars to train law enforcement officials in international refugee law,
including specialized courses for policewomen. The Government
provides first asylum. According to UNHCR figures, 55,626 persons
have sought asylum through the UNHCR since October 1990, and in
approximately 8,389 cases (approximately 15 percent), applicants have been
accorded refugee status.
The Government estimates that over 200,000 Iraqis reside
in the country. Since 1991 thousands of Iraqis have applied for
refugee status and received legal and material assistance from the UNHCR.
During the year, 6,806 Iraqis applied for, and 641 were accorded, refugee
status. Additionally 1,753 out of the total 1,868 refugees accorded
status during the year were Iraqi nationals, reflecting applications from
previous years. The UNHCR also received applications for refugee
status during the year from Sudanese, Russians of Chechen decent, Somali,
and Eritrean asylum seekers.
For the 1999-2000 school year, the Government reverted
to its policy of denying Iraqi children admittance to school unless such
children are legal residents of the country or recognized as refugees by
the UNHCR.
According to the Government, it deported eight Libyan
nationals affiliated with "international terrorist organizations"
in March. The Government did not inform the UNHCR of the presence of
the Libyans prior to their deportation from the country. The Libyan
Government reportedly executed three of the eight Libyans upon their return
to Libya (see Section 1.c).
Almost 1.6 million Palestinian refugees are registered
in Jordan with the U.N. Relief and Works Agency for Palestine Refugees
(UNRWA). The UNRWA counts another 800,000 Palestinians as either
displaced persons from the 1967 war, arrivals following the 1967 war, or
returnees from the Gulf between 1990 and 1991.
Section 3 Respect for Political Rights: The
Right of Citizens to Change Their Government
There are significant restrictions on citizens' right to
change their government. Citizens may participate in the political
system through their elected representatives in Parliament; however, the
King has discretionary authority to appoint and dismiss the Prime Minister
and Cabinet, to dissolve Parliament, and to establish public policy.
Appointments made by the King to high government posts do not require
legislative approval. Executive power is vested in the King (or, in
his absence, in the Regent), who exercises his power through his ministers
in accordance with the provisions of the Constitution.
In June King Abdullah dismissed then Prime Minister
Abdul Raouf Rawabdeh and appointed Ali Abu Al-Ragheb as his successor.
The King also appointed 19 new members to the 29-member Cabinet.
The Parliament is composed of the 40-member Senate,
appointed by the King, and the popularly elected 80-member Chamber of
Deputies. The Parliament is empowered by the Constitution to initiate
legislation, and it can approve, reject, and amend legislation proposed by
the Cabinet. A group of 10 senators or deputies may submit draft
bills for consideration; however, in practice legislation is initiated and
drafted by the Cabinet of Ministers and submitted by the Government to the
Parliament for its consideration. Opposition Members of Parliament
have complained that attempts by members of the lower house to initiate
legislation receive no response from the Government. The King
proposes and dismisses extraordinary sessions of Parliament and may
postpone regular sessions for up to 60 days. If the Government amends
or enacts a law when Parliament is not in session, by law it must submit
the law to Parliament for consideration during the next session; however,
this does not always occur in practice.
The Electoral Law and the distribution of parliamentary
seats deliberately favor electorates in rural and southern Jordan, regions
with populations known for their traditional,
pro-Hashemite views.
Over 500 candidates competed in the 1997 parliamentary
elections, despite a boycott by Islamist and other parties. There
were many reports of registration irregularities and fraud.
Restrictions on the press and on campaign materials also had a negative
effect on the campaign, which elicited much debate over the fairness of the
Electoral Law and its implementation. Voter turnout was significantly
lower in most urban areas than in rural areas. Centrist candidates
with ties to major tribes dominate the Parliament.
Municipal elections in July 1999 featured the
participation of the parties that had boycotted the 1997 parliamentary
elections; however, low voter turnout necessitated a second day of
balloting. The process generally was regarded as free and fair.
The so-called one-man, one-vote amendment to the
Electoral Law was ratified by Parliament in 1997, nearly 4 years after it
was first enacted by royal decree. The amendment allows voters to
choose only one candidate in multiple-seat districts. In the largely
tribal society, citizens tend to cast their first vote for family members,
and any additional votes in accordance with their political leanings.
The amendment also limits representation in the largely Palestinian urban
areas. As a result, the amendment in practice also has tended to
limit the chances of other nontribal candidates, including women,
Islamists, and other opposition candidates to be elected.
The next parliamentary elections are scheduled to be
held in 2001. The Islamic Action Front publicly declared that it
would boycott the elections absent significant changes in the one-man,
one-vote amendment to the Electoral Law.
Women have the right to vote, and women's groups
encourage women to vote and to be active in the political process; however,
they are underrepresented at the national and local level. There is
one female minister and two female senators, but no women hold seats in the
Chamber of Deputies.
Of the 80 seats in the lower house, 9 are reserved for
Christians, 6 for Bedouins, and 3 for the Circassian or Chechen ethnic
minorities.
The Palestinian community, estimated to account for more
than half of the total population, is not represented proportionately in
the Government and legislature. Nine of 28 ministers, 6 of 40
senators, and 11 of 80 lower house deputies are of Palestinian origin.
There also are no Palestinians in any of the 12 governorships throughout
the country. The electoral system gives greater representation to
areas that have a majority of inhabitants of non-Palestinian origin.
Section 4 Governmental Attitude Regarding
International and Nongovernmental Investigation of Alleged Violations of
Human Rights
Domestic and international human rights groups
investigate allegations of human rights abuses and publish and disseminate
findings critical of government policy. However, the Press and
Publications Law has restricted the publication of information about the
military and security services, which, in effect prevented the publication
by domestic groups of reports alleging torture and other abuses committed
by the security services. The 1999 amendments to the Press and
Publications Law removed these specific restrictions, but restrictions
still exist in the Penal Code and other legislation (see Section 2.a.).
The local chapters of the Arab Organization for Human
Rights (AOHR), the Jordanian Human Rights Organization (JHRO), and the JSCR
are registered with the Government. The groups drew public attention
to alleged human rights abuses and a range of other political issues.
They also have pressed the Government either to bring formal charges
against political detainees or to release them promptly. The AOHR and
the JSCR assert that the Government responds to only about 10 and 20
percent respectively of the complaints that they submit on behalf of
individuals who allegedly were subjected to human rights violations by the
authorities. However, the JSCR reported that the Government generally
supported public workshops that it held in which citizens discussed their
viewpoints on sensitive social and political topics. Local
nongovernmental organizations (NGO's) are not permitted to receive funds
from foreign sources, and some NGO workers reported that they feared they
would be accused of accepting illegal funds from abroad. In June the
Jordan Bar Association (JBA) accused Asma Khadar of the Mizan Group, a
local NGO, of accepting foreign funds and threatened to close the
organization and disbar her. The JBA did not file formal charges
against Khadar or close the Mizan Group and the case was considered closed
by year's end.
The Government generally cooperates with international
NGO's. The ICRC usually is permitted full and unrestricted access to
detainees, including those held by the GID and the military intelligence
directorate (see Section 1.c.).
In March the Government formed the new Royal Commission
for Human Rights, which is chaired by Queen Rania. The mandate of the
Commission is to present recommendations on reforming current laws and
practices to King Abdullah and to institutionalize human rights in the
country. In November the Commission sponsored two human rights
awareness seminars with police and judicial officials in Amman and Aqaba.
Members of the Commission also intervened in a number of individual cases
of alleged human rights violations throughout the year.
The Government also established the National Team for
Family Protection and the Child Protection Center during the year (see
Section 5). The Government controls the Parliamentary Public Freedoms
Committee, the Ombudsman, and the Human Rights Office at the Prime
Ministry.
Section 5 Discrimination Based on Race, Sex,
Religion, Disability, Language, or Social status
The law does not distinguish between citizens on the
basis of race; however, women, minorities, and others are treated
differently under the law and face discrimination in employment, housing,
and other areas.
Women
Violence against women is common. Reported
incidents of violence against women do not reflect the full extent of the
problem. Medical experts acknowledge that spousal abuse occurs
frequently. However, cultural norms discourage victims from seeking
medical or legal help thus making it difficult to assess the extent of such
abuse.
Abused women have the right to file a complaint in court
against their spouses for physical abuse but in practice familial and
societal pressures discourage them from seeking legal remedies. Marital
rape is not illegal. NGO's, such as the Jordanian Women's Union,
which has a telephone hot line for victims of domestic violence, provide
assistance in such matters. Wife battering technically is grounds for
divorce, but the husband may seek to demonstrate that he has authority from
the Koran to correct an irreligious or disobedient wife by striking her.
The Criminal Code allows leniency for a person found
guilty of committing a so-called "honor crime," a violent assault
with intent to commit murder against a female by a relative for her
perceived immodest behavior or alleged sexual misconduct. Law
enforcement treatment of men accused of "honor crimes" reflects
widespread unwillingness to recognize the abuse involved or to take action
against the problem. Twenty-one such murders were reported during the
year in which the victims were strangled, stabbed, or shot several times.
Human rights monitors believe that many more such crimes were committed but
not documented as honor crimes. Moreover, most crimes of honor are
not reported by the press. The actual number of honor crimes is
believed to be significantly higher. One forensic medical examiner
estimated that 25 percent of all murders committed in the country are honor
crimes. The police regularly imprison women who are potential victims
of honor crimes for their own protection. There were up to 40 women
involuntarily detained in this form of "protective custody"
during the year.
According to Article 340 of the Penal Code, a
"crime of honor" defense may be invoked by a defendant accused of
murder who "surprises his wife or any close female relative" in
an act of adultery or fornication, in which case the perpetrator of the
honor crime is judged not guilty of murder. Although few defendants
are able to meet the stringent requirements for a crime of honor defense
(the defendant personally must have witnessed the female victim engaging in
sexual relations), most avoid trial for the crime of murder, and are tried
instead on the charge of manslaughter; even those convicted of murder
rarely spend more than 2 years in prison. (In contrast to honor
crimes, the maximum penalty for first-degree murder is death, and the
maximum penalty for second-degree murder is 15 years.) Such defenses
also commonly rely on the male relative having acted in the "heat of
passion" upon hearing of a female relative's alleged transgression,
usually without any investigation on the part of the assailant to determine
the veracity of the allegation before committing the assault.
Defenses in such cases fall under Article 98 of the Penal Code. Women
may not invoke these defenses for murdering a male relative under the same
circumstances, nor may they use them for killing men who attempt to rape,
sexually harass, or otherwise threaten their honor.
On January 11, a 29-year-old woman, who was being
treated for self-inflicted burns at a local hospital, was shot several
times and killed by her 28-year-old brother in an "honor crime."
An autopsy indicated that the woman was 6 months' pregnant at the time of
her death. A criminal court originally sentenced the brother to
death; however, the court subsequently commuted his sentence to 10 years in
prison.
After being released from protective custody on bail
posted by her uncle in April, 40-year-old Fathieh Mohammad reportedly was
shot and killed by her father, who subsequently turned himself in to the
police, stating that he had killed his daughter to "cleanse his
honor." The police also apprehended one of Fathieh's brothers
during the investigation and subsequently arrested both her father and
brother for the crime. The case was pending at year's end.
In December police arrested a man for beating to death
his
19-year-old sister in November for "reasons of honor."
Police were investigating a second brother for his suspected involvement in
the killing at year's end. Police exhumed the woman's body from a
cemetery in which she was buried illegally. Medical tests proved that
the victim had not engaged in sexual activity.
In February a criminal court sentenced Bassam Mahmoud to
15 years in prison with temporary hard labor for killing his sister in 1999
to "cleanse the honor." Mahmoud shot his 19-year-old sister
Maysoon 21 times after bringing her home from the police station where she
had been charged with "immoral" behavior. Following his
sentencing, Mahmoud's family dropped all charges against him, and the court
subsequently reduced his 15-year sentence by half.
Also in February, a tribunal of judges reduced the
sentence against Samir Ayed, who in October 1999 had killed his sister in a
"fit of fury" to "cleanse his honor," to 6 months in
prison. Most activists believe that even if Article 340 were
repealed, honor crimes likely would persist with sentences continuing to be
reduced under Article 98.
In December 1999, the National Committee to Eliminate
"Crimes of Honor" presented leaders of the upper and lower houses
of the Parliament with a petition signed by 15,000 citizens demanding an
end both to crimes of honor and the legislation that protects perpetrators
of such crimes. In November 1999, the lower house rejected a
government-supported amendment that would have eliminated Article 340;
however, the upper house approved the same measure in December 1999.
The amendment was returned to the lower house for reconsideration. In
February the lower house again rejected the proposal to repeal Article 340.
In February the Government twice refused requests by human rights activists
to hold demonstrations in protest of the lower house vote. However,
on February 14, Prince Ali bin Hussein and Prince Ghazi bin Mohammed led
more than 5,000 persons in a march on Parliament to demand the cancellation
of Article 340. On the same day, the press reported that the Islamic
Action Front (IAF) issued a fatwa stating that the cancellation of Article
340 would contradict Shari'a and would "destroy our Islamic, social,
and family values by stripping men of their humanity when they surprise
their wives or female relatives committing adultery." The
Ministry of Interior denied permits for an IAF counterdemonstration, which
drew protests from both sides of the debate (see Section 2.b.).
Women experience legal discrimination in matters of
pension and social security benefits, inheritance, divorce, and the value
of court testimony. A woman's testimony is worth only half that of a
man (see Section 1.e.). The Government provides men with more
generous social security benefits than women. The Government
continues pension payments of deceased male civil servants to their heirs
but discontinues payments of deceased female civil servants.
Under Shari'a as applied in the country, female heirs
receive half the amount of a male heir's inheritance, and the non-Muslim
widows of Muslim spouses have no inheritance rights. A sole female
heir receives half of her parents' estate; the balance goes to designated
male relatives. A sole male heir inherits both of his parents'
property. Male Muslim heirs have the duty to provide for all family
members who need assistance. Men are able to divorce their spouses
more easily than women. Marriage and divorce matters for Christians
are adjudicated by special courts for each denomination (see Section 2.c.).
Married women are ineligible for work in the diplomatic service, and, until
recently, most women in the diplomatic corps automatically were assigned to
administrative positions. There are six female judges in the country.
The law requires a married woman to obtain her husband's
permission to obtain a passport (see Section 2.d.). Married women do
not have the legal right to transmit citizenship to their children.
Furthermore, women may not petition for citizenship for their non-Jordanian
husbands. The husbands themselves must apply for citizenship after
fulfilling a requirement of 15 years of continuous residence. Once
the husbands have obtained citizenship, they may apply to transmit the
citizenship to their children. However, in practice such an
application may take years and, in many cases, citizenship ultimately still
may be denied to the husband and children. Such children become
stateless and lack the rights of citizen children, such as the right to
attend school or seek other government services.
Civil law grants women equal pay for equal work, but in
practice this law often is ignored. Press and union leaders reported
during the year that that some employers in the private sector reportedly
paid their female employees well under the legal minimum wage, despite the
fact that the women were under contract. In January the Jordanian
Food Industry Factory reportedly fired a group of 28 women after they
demanded to be paid the legal minimum wage. The women reportedly
blamed their union and the Ministry of Labor for their inability to protect
workers (see Section 6.e.).
Social pressures discourage many women from pursuing
professional careers. Nonetheless, women have employment
opportunities in many professions, including engineering, medicine,
education, the military, and law. Women constitute approximately 16.5
percent of the work force and 50 percent of university students.
According to local NGO reports, while female employees hold approximately
52 and 39 percent of jobs in the education and health sectors respectively,
they constitute only 7.5 percent of managerial posts and 10 percent of all
jobs in the private sector. Women's groups stress that the problem of
discrimination is not only one of law, but also of women's lack of
awareness of their rights or unwillingness to assert those rights.
The U.N. Food and Agriculture Organization reported in 1995 that women who
work in agriculture average
15-hour days and earn less than men. The Jordanian chapter of the
Business and Professional Women's Club gives seminars on women's rights and
assists women in establishing small businesses. The chapter also
provided several programs for potential female voters and candidates for
the upcoming 2001 parliamentary elections. The University of Jordan
launched a new graduate degree program in women's studies during the year
to promote "objective awareness between the sexes." Members
of the royal family work actively to improve the status of women.
Children
The Government is committed to children's rights and
welfare in the areas of education and health. However, government
efforts in these areas are constrained by limited financial resources.
Education is compulsory until the age of 16; however, no legislation exists
to enforce the law or punish guardians for violating it, and children who
do not attend school or attend infrequently are not considered truant.
The law prohibits corporal punishment in schools; however, such punishment
is known to occur. Since the beginning of the 1999-2000 school year,
the Government has denied Iraqi children admittance to school unless they
are legal residents of the country or recognized as refugees by the UNHCR
(see Section 2.d.).
Educational development, quality, and the relevance of
education to job market demand have been on the Government's agenda since
1985, with few concrete results to date. Because there are
government-run primary schools in virtually every village, most students in
the country have access to primary education. The Government also
grants fee reductions and food and transportation supplements to families
with many children or to very poor families in order to make education more
affordable.
In March Queen Rania established the National Team for
Family Protection (NTFP) to consolidate all issues concerning family
safety. On August 20, the Government opened "Dar al Amman,"
the nation's first child protection center. The facility provides
temporary shelter, medical care, and rehabilitation for children ages 6 to
12 years who have suffered abuse.
The Government attempts to safeguard some children's
rights, especially regarding child labor. However, although the law
prohibits most children under the age of 16 from working, child vendors
work on the streets of Amman. The Ministry of Social Development has
a committee to address the problem and in some cases removes the children
from the streets, returns them to their families or to juvenile centers,
and may provide the families with a monthly stipend. However, the
children often return to the streets. Declining economic conditions
have caused the number of these children to increase steadily over the last
10 years. Selling newspapers, tissues, small food items, or gum,
these street vendors, along with the other children who pick through trash
dumpsters to find recyclable cans to sell, sometimes are the sole source of
income for their families.
Although the problem is difficult to quantify, social
and health workers believe that there is a significant incidence of child
abuse in families, and that the incidence of child sexual abuse is
significantly higher than reported. The law specifies punishment for
abuses against children. Rape or sodomy of a child under 15 years of
age carries the death penalty.
The Family Protection Unit of the Public Security Department (PSD) works
with victims and perpetrators of domestic and sexual violence. The
unit deals primarily with child and spousal abuse, providing multiple
in-house services, including medical treatment for patients. The unit
cooperates with police to apprehend perpetrators of domestic violence,
facilitates participation in education and rehabilitation programs, and
refers patients to other facilities.
Illegitimate children are entitled to the same rights
under the law as legitimate children. However, in practice they
suffer severe discrimination in a society that does not tolerate adultery
or premarital sex. Most illegitimate children become wards of the
State or live a meager existence on the fringes of society. In either
case, their prospects for marriage and gainful employment are limited.
Furthermore, illegitimate children who are not acknowledged legally by
their fathers are considered stateless and are not given passports or
identity numbers.
Students must obtain a good behavior certificate from
the GID in order to qualify for admission under the university quota
system. Activists reported that the GID sometimes withholds these
certificates from deserving students reportedly due to a family member's
allegedly problematic record.
Female Genital Mutilation (FGM), a procedure widely
condemned by international health experts as damaging to both physical and
psychological health, rarely is practiced. However, one southern
tribe of Egyptian origin in the small village of Rahmah near Aqaba
reportedly practices FGM. One local Mufti issued a fatwa stating that
FGM "safeguards women's chastity and protects them against malignant
diseases by preventing fat excretions." However, the Mufti also
stated that as FGM is not a requirement of Islam, women who do not undergo
this procedure should not be embarrassed.
People with Disabilities
High unemployment in the general population restricts
job opportunities for disabled persons, estimated by the Ministry of Social
Development to number 250,000. Thirteen percent of disabled citizens
receive monetary assistance from the Government. The Government
passed legislation in 1993 requiring future public buildings to accommodate
the needs of the disabled and to retrofit existing public buildings;
however, implementation has been slow. During the year, the Greater
Amman Municipality established a new Special Buildings Codes Department for
Special Needs Citizens to enforce the implementation of the 1993 law.
Since 1993 the Special Education Department of the Ministry of Social
Development has enrolled approximately 11,000 mentally and physically
disabled persons in public and private sector training courses. It
has placed approximately 2,000 disabled persons in public and private
sector jobs. The law requires that 2 percent of the available jobs be
reserved for the physically disabled. Private organizations and
members of the royal family actively promote programs to protect and
advance the interests of the disabled.
Indigenous People
The country's indigenous people, nomadic Bedouin and
East Bank town dwellers, traditionally have been the backbone of popular
support for the Hashemite monarchy. As a result, they generally have
enjoyed considerable influence within the political system. They are
represented disproportionately in senior military, security, and civil
service jobs. Nevertheless, many Bedouin in rural areas are severely
disadvantaged economically. Many persons of East Bank origin complain
that the dynamic private sector largely is in the hands of the Palestinian
majority.
Religious Minorities
In general Christians do not suffer discrimination;
however, there were some instances of official and societal discrimination
during the year (see Section 2.c.). Christians hold government
positions and are represented in the media and academia approximately in
proportion to their presence in the general population. Baha'is face
some societal and official discrimination. Their faith is not
recognized officially, and Baha'is are classified as Muslims on official
documents, such as the national identity card. Christian and Baha'i
children in public schools are not required to participate in Islamic
religious instruction.
National/Racial/Ethnic Minorities
The Government granted citizenship to all Palestinians
who fled to Jordan in the period after the 1948 Arab-Israeli war, and to a
large number of refugees and displaced persons who arrived as a result of
the 1967 war. However, most refugees who fled Gaza after 1967 are not
entitled to citizenship and are issued 2-year passports valid for travel
only. In 1995 King Hussein announced that West Bank residents without
other travel documentation would be eligible to receive 5-year Jordanian
passports.
However, the Government has emphasized that these passports are for travel
only and do not connote citizenship (see Section 2.d.). Palestinians
residing in Jordan, who make up more than half of the population, suffer
discrimination in appointments to positions in the Government and the
military, in admittance to public universities, and in the granting of
university scholarships.
Section 6 Worker Rights
a. The Right of Association
Workers in the private sector and in some state-owned
companies have the right to establish and join unions. Unions must be
registered to be considered legal. The law prohibits union membership
for the country's approximately 1.5 million foreign workers. Over 30
percent of the work force are organized into 17 unions. Although
union membership in the General Federation of Jordanian Trade Unions
(GFJTU), the sole trade federation, is not mandatory, all unions belong to
it. The Government subsidizes and audits the GFJTU's salaries and
activities. Union officials are elected by secret ballot to 4-year
terms. Although the Government cosponsors and approves the timing of
these elections and monitors them to ensure compliance with the law, it
does not interfere in the choice of candidates.
Labor laws mandate that workers must obtain permission
from the Government in order to strike. Unions generally do not seek
approval for a strike, but workers use the threat of a strike as a
negotiating tactic. Strikes are prohibited if a labor dispute is
under mediation or arbitration. If a settlement is not reached
through mediation, the Ministry of Labor may refer the dispute to an
industrial tribunal by agreement of both parties. The tribunal is an
independent arbitration panel of judges appointed by the Ministry of Labor.
The decisions of the panel are binding legally. If only one party
agrees, the Ministry of Labor refers the dispute to the Council of
Ministers and then to Parliament. Labor law prohibits employers from
dismissing a worker during a labor dispute.
In April the Government refused a request by some 200
workers at the Jordan Telecommunication Company (JTC) to form their own
union to safeguard their rights under the company's new privatized
leadership. The Ministry of Labor justified the refusal by saying
that the workers already were represented by the General Union for Public
Workers, which includes artists, barbers, restaurant and hotel industry
employees, and workers in social services.
In 1999 Pepsi-Cola Company fired 225 employees who
staged an illegal strike. The Ministry of Labor intervened and the
company reinstated 115 of the employees in 1999. Despite significant
efforts by the Ministry of Labor and the Food Workers Union, the company
rehired less than 10 percent of the remaining former employees during the
year.
In January the Jordan Cable and Wire Company reinstated
20 of 220 workers that a labor court ruled were dismissed illegally in
1999. However, the company subsequently forced the employees to take
a paid vacation and fired them again upon their return. No further
action was taken during the year.
The GFJTU belongs to the Arab Labor organization, the
International Confederation of Arab Trade Unions, and to the International
Confederation of Free Trade Unions (ICFTU).
b. The Right to Organize and Bargain
Collectively
Unions have, and exercise, the right to bargain
collectively. The Constitution prohibits antiunion discrimination,
but the ICFTU claims that the Government does not protect adequately
employees from antiunion discrimination and that the Government has
dismissed public-sector employees for political reasons. Workers may
lodge complaints of antiunion discrimination with the Ministry of Labor,
which is authorized to order the reinstatement of employees discharged for
union activities. There were no complaints of antiunion
discrimination lodged with the Ministry of Labor during the year. The
national labor laws apply in the free trade zones in Aqaba and Zarqa.
Private sector employees in these zones belong to one national union that
covers both zones and have the right to bargain collectively.
c. Prohibition of Forced or Compulsory Labor
The Constitution forbids compulsory labor except in a
state of emergency such as war or natural disaster, and it generally is not
practiced; however, foreign domestic servants often are subject to coercion
and abuse and in some cases work under conditions that amount to forced
labor (see Section 6.e.). The law does not prohibit specifically
forced or compulsory labor by children; however, such practices are not
known to occur.
d. Status of Child Labor Practices and Minimum Age
for Employment
Labor law forbids children under the age of 16 from
being employed, except as apprentices, and prohibits children under the age
of 17 from working in hazardous jobs, including at restaurants, night
clubs, and jobs involving heavy machinery and toxic materials.
Children under the age of 18 may not work for more than 6 hours
continuously, may not work between the hours of 8 p.m. and 6 a.m., and may
not work during weekends, religious celebrations, or national holidays.
Provisions in the labor laws do not extend to the informal sector, which
consists of agriculture, domestic labor, and family businesses. The
law does not specifically prohibit forced or bonded labor by children;
however, such practices are not known to occur (see Section 6.c.).
In late 1999, the Ministry of Labor established a new
division to deal with issues of child labor. The division was
established to receive, investigate, and address child labor complaints and
related issues; however, it was not staffed adequately by year's end.
The Government also did not provide training for government officials who
are responsible for enforcing child labor laws. All child labor
enforcement responsibilities rest in the hands of 85 Ministry of Labor
inspectors. According to the law, employers that hire a child under
the age of 16 must pay a fine ranging from $140-$710 (100-500 dinars).
The fine is doubled if the offense is repeated. However, the
Government did not enforce laws regarding child labor during the year.
Government officials claim that if children are barred from working in
practice, they will lose important income on which their families depend,
and may turn to more serious violations of law, such as drug trafficking
and prostitution, for income.
Basic education is free and compulsory for 10 scholastic
years for citizens from the ages of 6 to 16. However, there are no
provisions to enforce the law or punish guardians for violating it (see
Section 5).
The Government ratified International Labor Convention
182 on Elimination of the Worst Forms of Child Labor; however, it has
not provided adequate financial support to implement its provisions.
Nonetheless, government policy has facilitated the work of NGO's in this
area. The Ministry of Social Development has programs to improve
conditions for indigent children and to rehabilitate children who have
committed petty crimes, who constitute a segment of working children.
There are no specific mechanisms for receiving, investigating, and
addressing child labor complaints relating to allegations of the worst
forms of child labor.
The Ministry of Labor in conjunction with the National
Task Force on Children and approximately 50 other local NGO's, developed a
National Plan of Action (NPA) and adopted it in a national workshop held in
1998. The Ministry of Labor subsequently established a child labor
unit in late 1999, which is responsible for conducting national research on
child labor, adopting both preventative and remedial measures, developing a
database on child laborers and their families, and training and monitoring
Ministry of Labor inspectors about child labor issues. The Ministry
began implementing some of the provisions of the NPA; however, the pace has
been slow due to financial and logistical difficulties.
Anecdotal evidence suggests that child labor, especially
of child street vendors is more prevalent now than it was 10 years ago due
to declining economic conditions (see Section 5).
e. Acceptable Conditions of Work
The national minimum wage is $114 (80 dinars) per month
for all workers except domestic servants, those working in small family
businesses, and those in the agricultural sector. Workers earning the
minimum wage find it difficult to provide a decent standard of living for
their families. The Government estimates that the poverty level is at
a monthly wage of about $125 (89 dinars) per month for a family with 7.5
members. A study completed by the Ministry of Labor in July 1999
found that 18.7 percent of the population live at or below the poverty
level; 1.5 percent live in "abject" poverty, defined by the
Government as $58 (40.5 dinars) per month for a family with 7.5 members.
The Government provides minimal assistance to at least 45,000 indigent
families.
The law prohibits most workers from working more than
the customary 48 hours per week. Hotel, restaurant, and cinema
employees may work up to 54 hours per week; the law requires overtime
payment for hours in excess of the standard workweek. Workers may not
work more than 16 hours in any continuous period or more than 60 hours of
overtime per month. Employees are entitled to 1 day off per week.
Labor law does not apply to the agricultural sector,
small family businesses, or domestic servants. Domestic servants do
not have a legal forum to address their labor grievances and have no
standing to sue in court for nonpayment of wages. Abuse of domestic
servants, most of whom are foreign, is widespread. Imprisonment of
maids and illegal confiscation of travel documents by employers is common.
Complaints of beatings, insufficient food, and rape generally are not
reported to officials by victims, who fear losing their work permits and
being returned to their country. Domestic servants generally are not
given days off and frequently are called upon to work at any hour of the
day or night.
In February the Ministry of Labor announced that it
would require Egyptian workers to obtain work permits approved by the
Governments of both Egypt and Jordan, and that the Government would start
applying "more humane" criteria when deciding whether to deport
Egyptian workers.
The law specifies a number of health and safety requirements for workers,
including the presence of bathrooms, drinking water, and first aid
equipment at work sites. The Ministry of Labor is authorized to
enforce health and safety standards. The law does not require
employers to report industrial accidents or occupational diseases to the
Ministry of Labor. Workers do not have a statutory right to remove
themselves from hazardous conditions without risking the loss of their
jobs.
f. Trafficking in Persons
The law does not specifically prohibit trafficking in
women; however, the practice is not known to occur. A 1926 law
specifically prohibits trafficking in children. There were no reports
that persons were trafficked in, to, from, or within the country.
Source: The
Country Reports on Human Rights Practices, U.S. State Department,
February 2000.
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