Report on Human Rights Practices for 2001
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 the King's 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 a lower house, the
Chamber of Deputies which is elected every 4 years. A new election law
enacted by the Government in July increased the size of the lower house
from 80 seats to 104. The lower house exerts influence 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. The King dissolved Parliament
in June and postponed elections scheduled for 2001 until no earlier than
summer 2002. According to the Constitution, the judiciary is independent,
and during the year, the Government took steps to strengthen the Judiciary's
independence; however, in practice it remains 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.
The country, with a population of approximately 5 million, has a mixed
economy, with significant but declining government participation in
industry, transportation, and communications. It has few natural resources
and relies heavily on foreign assistance and remittances from citizens
working abroad. Over the past 2 years, the Government took steps to
increase privatization and to improve the country's investment climate.
For example, in April 2000, the country acceded to the World Trade Organization.
However, the economy continues to suffer from chronically high unemployment,
and per capita Gross Domestic Product (GDP) growth since 1996 has stagnated
between 1 and 2 percent above population growth rates. 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. Ongoing
violence in the occupied territories continued to adversely affect the
tourist industry and foreign investment. Per capita GDP in 2000 was
approximately $1,654 (1,173 dinars). Many families, especially those
in rural areas, are unable to meet basic needs to subsist.
The Government generally respected the human rights of its citizens
in some areas; however, there were significant problems in other areas.
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, Cabinet, and upper
house of Parliament, to dissolve Parliament, and to establish public
policy. Other human rights problems included 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; denial of due process
of law stemming from the expanded authority of the State Security Court
and interference in the judicial process; infringements on citizens'
privacy rights; harassment of members of opposition political parties;
and significant restrictions on freedom of speech, press, assembly,
and association. A law enacted by the Government in October gave the
Government broad powers to restrict and prosecute journalists and close
publications. This law effectively superseded the 1999 amendments to
the Press and Publications Law, which had reduced somewhat the restrictions
in previous laws regarding the ability of journalists and publications
to function and report freely; however, significant restrictions continued
to be in effect. The Government limits academic freedom. 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 domestic servants is
a problem, and child labor occurs.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports of the arbitrary or unlawful deprivation of life
committed by the Government or its agents during the year.
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.
However, in some instances, the authorities were more forthcoming.
According to the Government, several members of the security service
were remanded for trial in the January 2000 beating death of Mar'i Khalil
Al-Jahran in a South Shuna police station.
In September the police provided diplomatic representatives with credible
information that security forces were not responsible for the death
of one person and injury of six others during an October 2000 protest
in the Baqaa refugee camp. Protesters continued to maintain that police
caused the death and injuries.
During the year, a government investigation into the alleged beating
death of Musa Shalback in May 2000 concluded that security forces were
not responsible for his death. After police pursued Shalback for allegedly
stealing a car, witnesses claimed that police handcuffed and severely
beat him. Shalback was in a coma when he arrived at the hospital; he
died from his injuries 10 days later. The investigation concluded that
Shalback died as a result of injuries sustained in a car crash that
followed the pursuit.
The Government officially closed its investigation into the July 2000
death of Amjad Salem Ahmad Smadi, who died at a police station in Ajloun
45 minutes after police officers placed him in custody for suspected
robbery. Human rights activists and family members believe that Smadi
died as a result of beatings by police officers while in custody and
subsequently was hanged to make it appear as if he had committed suicide.
Based on government-released autopsy results that showed that Smadi
died of natural causes, the Government concluded that his death was
a suicide.
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.
On August 6, unknown assailants shot and killed an Israeli businessman
working in Amman. Two terrorist organizations, the Islamic Movement
of Jordan ("The Group of Ahmed Al Daqamseh") and the previously
unknown Nobles of Jordan, claimed responsibility for the killing. The
Government stated that it has reason to believe the murder was criminal
and not political in nature. By year's end, the Government made no arrest
in the case.
Women continued to be victims of "honor killings" (see Section
5).
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law provides prisoners with the right to humane treatment and provides
prisoners the right to an attorney; 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 the police and security officials frequently
deny detainees timely access to lawyers, despite legal provisions requiring
such access. The most frequently alleged methods of torture include
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.
In 2000 Syria apprehended Raed Hijazi, accused of a terrorist plot
targeting American and Israeli tourists in Jordan during the millennium
celebrations, and rendered him to Jordan to stand trial (see Section
1.e.). According to media accounts of the trial, doctors for both the
defense and the prosecution testified that Hijazi's body showed signs
of having been beaten, but witnesses, including Hijazi, made contradictory
and inconclusive claims regarding whether the alleged abuse occurred
while he was in Jordanian or Syrian custody. The Jordanian court has
rejected the allegations that Hijazi's confession was coerced.
A number of cases of beatings and other abuse 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. Allegations of physical abuse by prison guards persists.
In December a GID officer allegedly struck a local television reporter
in the stomach while interrogating him. According to the reporter's
account of the incident, the GID officer subsequently apologized for
striking him.
Police on several occasions used force to disperse demonstrations during
the year (see Section 2.b.). For example, on May 11, police used tear
gas, water cannons, and dogs to disperse protestors in the Sweileh and
Mahatta areas of Amman (see Sections 2.a and 2.b). In April police used
physical force to end a sit-in staged by Ph.D. holders seeking better
employment opportunities (see Sections 1.d and 2.b).
According to the Government, Kazem Dashi, who allegedly was beaten
during his detention in April 2000, never was in police custody (see
Section 1.d.).
A Government investigation into the alleged beating death of Musa Shalback
in May 2000 concluded that security forces were not responsible for
his death. Shalback died in a hospital in March 2000, 10 days after
police reportedly beat him in Hai Nazal (see Section 1.a.).
There were no developments in the investigation of the November and
December 2000 shooting attacks against Israeli diplomats.
Prisons and local police detention facilities are Spartan, and on the
whole are severely overcrowded and understaffed; however most prisons
meet international standards. Human rights groups and prisoners complained
of poor food and water quality, inadequate medical facilities, and poor
sanitation in certain facilities. In 2000 the Government opened a new
prison facility in an attempt to alleviate to some extent the problem
of overcrowding.
The Government holds some persons 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 such prisoners
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. 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. Criminal laws generally require warrants;
however, in most cases suspects may be detained for up to 48 hours in
the absence of a warrant. In practice many warrants are obtained after
arrests are made.
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, which also is 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. In April the Parliament passed amendments
to the Criminal Code that eliminate pretrial detentions for certain
categories of misdemeanors.
The Government detains persons, including journalists (see Section
2.a.) and Islamists, for varying amounts of time for what appear to
be political reasons. 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 invoke the 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.
On January 27, security officials arrested 7 members of the Anti-Normalization
Committee, a group that opposes the country's relations with Israel,
on charges of belonging to an illegal group (see Section 2.a.). The
State Security Court also charged 2 of the 7 persons with possession
of explosives and with terrorist activities. The arrests followed the
publication of the Committee's blacklist, which included the names of
companies and individuals with ties to Israel or Israeli businesses.
All 7 detainees were released on bail while awaiting trial. The trials
had not yet begun by year's end.
According to press reports, riot police briefly detained at least 10
demonstrators during a March sit-in staged by Ph.D. holders seeking
better employment opportunities (see Sections 1.c and 2.b).
In July the GID allegedly detained without charge Mohammad Musa Abu
Awwad when he returned from Saudi Arabia. Abu Awwad's family claimed
that he was held without explanation for 3 weeks, then released. The
Government denied that it had ever detained Awwad.
Beginning about September 18, police began detaining small groups of
Islamists, claiming that they had held rallies in violation of a new
law on public gatherings (see Section 2.6.). The first arrests included
two independent Islamists and one member of the Muslim Brotherhood.
The Government released all three 2 weeks later without bringing charges
against them.
In early October, the Government arrested or detained more than 50
persons for violating the public gathering laws. Included in the October
detentions were at least 10 students from Jordan University, 15 members
of the Muslim Brotherhood and its political arm, the Islamic Action
Front, and members of extremist groups. The Government had released
all 50 persons by year's end.
The Government continued to deny allegations that the GID detained
without charge Iraqi weightlifter Kazem Dashi at the Al-Ruwayshid border
point in April 2000. Dashi claimed that he was beaten and intimidated
during his interrogation in GID custody (see Section 1.c.). The Government
stated that it had no record of Dashi's detention.
In July 2000, the GID detained 12 persons from Salt without charge,
allegedly for security reasons. The Government stated that some of the
detainees were held because they were "religious individuals"
and that some were members of illegal political parties. In December
2000, 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. By year's end, the GID had dropped charges
against and released the 4 persons from Salt whom it had detained along
with 8 others in July 2000.
During the year, police detained up to hundreds of persons involved
in protests against the Israeli Government's actions in Israel, the
West Bank, and Gaza. Police did not charge most of the demonstrators
and released all of them within 1 day.
The Government uses the threat of detention to intimidate journalists
into practicing self-censorship (see Section 2.a.). Before 2000 police
typically detained from 5 to 10 days numerous journalists who criticized
government officials or policies; some of the journalists experienced
abuse (see Section 1.c.). When the Government filed charges, convictions
were rare; however, some proceedings lasted several years, with defendants
required to appear in court regularly. In June police in Zarqa briefly
detained five journalists working with the Associated Press. The reporters
were attempting to film a memorial service for the suicide bomber involved
in the Dolphinarium Disco bombing in Tel Aviv. Police released all five
after a few hours (see Section 2.a).
The Constitution prohibits the expulsion of any citizen, and the Government
does not routinely use forced exile; however, in June the Government
attempted to prevent the return of Ibrahim Ghosheh, one of four HAMAS
leaders allegedly expelled in 1999. On June 14, Ghosheh arrived unexpectedly
from Qatar, and immigration authorities at Queen Alia International
Airport (QAIA) attempted to block his admission to Jordan. Ghosheh was
detained at QAIA until June 30, when the Government admitted him to
the country in return for his pledge to cease his HAMAS activities.
The three other expelled HAMAS leaders remained outside the country
at year's end.
e. Denial of Fair Public Trial
The Constitution provides for the independence of the judiciary, and
during the year the Government took steps to strengthen such independence;
however, the judiciary remains subject to pressure and interference
from the executive branch. A judge's appointment to, advancement within,
and dismissal from the judiciary are determined by the Higher Judiciary
Council, a committee whose members are appointed by the King. In June
Parliament passed a law intended to give the Council increased independent
jurisdiction over the judicial branch; previously, the council had been
subject to frequent interference and pressure from the Ministry of Justice
stemming from the Ministry's oversight of the council. The purpose of
the new law was to limit the Ministry of Justice's influence over a
judge's career and prevent it from subverting the judicial system in
favor of the executive branch. There had been numerous allegations in
previous years that judges were "reassigned" temporarily to
another court or judicial district in order to remove them from a particular
proceeding. The Government claims that the Higher Judiciary Council's
new independence makes such tampering much more difficult. Despite constitutional
prohibitions against such actions, judges complain of telephone surveillance
by the Government.
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.
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 civilian court trials 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
is unable financially to hire legal counsel. Shari'a as applied in
the country regards the testimony of one man as equal to that of two
women in proving matters of fact. 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, 2 military
officers and 1 civilian. 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 (see Section
1.c.). 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 amendments to
the Press and Publications Law permit journalists to cover court proceedings
"unless the court rules otherwise." At year's end, it was
unclear how press-related amendments to the Penal Code passed in October
(see Section 2.a.) would impact coverage of court proceedings. However,
there was press coverage of trials in the State Security Court during
the year.
In July the State Security Court retried and sentenced nine men to
life imprisonment for their alleged involvement in politically motivated
bombings in 1998. The retrial came as a result of credible reports that
the initial trial, in 1998, was flawed and that the defendant's confessions
were made under duress. The reports also included allegations that confessions
were obtained using torture.
On September 18, 2000, the Security Court convicted 22 suspected members
of the al-Qaida terrorist network for planning attacks at tourist sites
around the country during millennium celebrations. The court sentenced
6 of those convicted to death and 16 to prison sentences ranging from
7 years to life. There were allegations of torture and forced confessions
by some of the defendants (see Section 1.c.). The court officially closed
the case in 2000.
In June the Government permitted one of the four HAMAS leaders expelled
in 1999 to reenter the country (see Sections 1.d. and 2.d.); there were
credible reports of executive branch influence with respect to the original
verdict of expulsion.
There were no reports of political prisoners; however, the Government
detainees persons for varying periods of time for political reasons
(see Section 1.d.).
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 restrictions; however, in security cases, the authorities at times--in
violation of the law--obtain warrants retroactively or obtain preapproved
warrants. Security officers monitor telephone conversations and Internet
communication, read private 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.).
During the year, the Government released from house arrest Hassan Mahmoud
Abdullah Abu Hanieh, whom the GID detained after confiscating without
a warrant a box of publications in his possession (see Section 2.d).
The case was closed at year's end.
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 a number of restrictions on these rights, and
such restrictions increased during the year. During the year, the Government
broadened its authority to prosecute journalists and close publications.
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." Citizens generally do not hesitate
to criticize the Government openly, but are more circumspect in regard
to the King and the royal family. 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. In
1999 then-Prime Minister Abdul Raouf Rawabdeh issued an order directing
government offices to cooperate only with JPA members.
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 limited
to some extent the Government's discretion to issue fines, transferred
the power to withdraw licenses to the judiciary, limited significantly
the Government's power to order shutdowns, and allowed journalists to
cover court proceedings unless the court rules otherwise. The 1999 amendments
also reduced the fine for violations to 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, prohibitions on such activities still exist in the
Penal Code and a number of other laws.
According to the 1999 amendments, 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 to have been a member of the JPA for at least
4 years. This last provision reflects a reduction in the requirements
of previous legislation but places the burden 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 October the Government adopted a series of amendments to Penal Code
provisions dealing with the press. The amendments reinforce existing
Penal Code restrictions on free speech and allow for the prosecution
of any person found to have written, published, or aired any statements
"harmful to national unity; instigating criminal actions; sowing
the seeds of hatred and malice; inciting divisions among members of
the society; instigating acts of religious and racial fanaticism; insulting
the dignity of individuals, their reputation or personal freedoms; committing
acts of corruption or publishing false information or rumors; inciting
people to organize strikes or sit-ins, or to hold meetings in a manner
that violates the law; or committing any act considered harmful to the
state's reputation and dignity." The amendments give the State
Security Court the authority to temporarily or permanently close any
publication or media outlet that publishes or airs any such statements.
The Government strengthened provisions regarding defamation of the King
or Royal Family, providing as punishment 3 year's imprisonment. In addition
all violators of the new provisions automatically are subject to trial
before the State Security Court rather than the special press and copyright
court. By year's end, it was unclear to what extent the Government intended
to enforce the restrictions in practice.
In July Senator Jawad Anani claimed that he was forced to resign following
his publication of an article that criticized the Government. The Government
denied any involvement in Anani's decision to resign.
On May 11, police in Amman arrested journalists Jamal Alawi, Tareq
Ayyoub, and Yasser Zaatreh. According to press reports, police forcibly
detained the journalists during anti-Israeli rallies marking the anniversary
of the creation of the State of Israel (see Sections 1.c and 2.b). Police
also reportedly seized film and cameras from other television journalists.
Alawi, Ayyoub, and Zaatreh were released without charge after a brief
detention.
In June police in Zarqa briefly detained 5 journalists working with
the Associated Press (see Section 1.d).
In January the Government arrested 7 members of the Anti-Normalization
Committee. The arrests took place 4 days after the publication of the
Committee's blacklist which included the names of companies and individuals
with ties to Israel. Some human rights observers believed that the arrests
were linked to the Government's displeasure over the publication of
the list (see Section 1.d). The Government also filed charges under
the Press and Publications Law against two journalists, Ma'moun Rousan
and Abdel Naser Hourani, for printing the blacklist in their publications.
At year's end, both men were still involved in judicial proceedings
related to the charges.
In December the GID reportedly detained two television journalists
associated with al-Jazeera for covering a demonstration by Islamists
in Ma'an. According to the reporters, the GID forced them to hand over
their video footage and physically abused them while they were in custody
(see Section 1.c.). Both journalists were released with 24 hours and
no charges were filed against them.
The Press and Publications Department continued to enforce bans on
the publication of a number of books within the country. Although some
books were banned based on religious objections, anecdotal evidence
suggests that the number banned for political reasons is higher. One
publisher reported that the Government blocked publication of five nonfiction
works owned by his company during the year.
In June a Shari'a judge ordered a third retrial of poet Musa Hawamdeh
on charges of apostasy. The charges stemmed from a book of poems written
by Hawamdeh that drew criticism from radical Islamists. Hawamdeh again
was cleared of all charges in late July, and the case was considered
closed at year's end (see Section 2.c).
There were no developments in the January 2000 arrest of Asim Ogla
Al-Maghayirah, whom authorities accused of affiliation with the banned
political party Al-Tahrir and of distributing illegal pamphlets (see
Section 2.b.).
In February the High Court of Justice dismissed the appeal of Nidal
Mansour's expulsion from the JPA. In September 2000, the JPA had voted
to expel Mansour for allegedly receiving foreign funding for the nongovernmental
organization (NGO) that he headed (see Section 4). As a result of the
Court's decision, Mansour was removed as editor of the newspaper that
he owns.
The Press and Publications Department continued its April 2000 ban
on a book of poetry by Ziyad Al-Anani; the book contained a poem that
reportedly was offensive to Islam (see Section 2.c).
Some journalists continued to complain 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 during
the year. In January 2000, 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. At the time, 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. It has commercial agreements with the British Broadcasting
Corporation, the London-based Middle East Broadcasting Center, and Radio
Monte Carlo that allow 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 2000, 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. Two university presidents were
pressured to resign for their political views during the year. Some
academics claim that they receive frequent threats of dismissal. Some
professors and students reported being asked by the GID to submit information
regarding the political views expressed by colleagues in the classroom.
In March 2000, 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.). Despite several student
protests during 2000, there was no change in the policy by year's end.
b. Freedom of Peaceful Assembly and Association
The Government restricts freedom of assembly. Citizens must obtain
permits for public gatherings. Following a demonstration in October
2000 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 August the
Government adopted a law that requires the organizers of rallies and
demonstrations to request permission from provincial governors at least
3 days prior to any event. Under the law, no protest may be held without
the governor's consent and violators face imprisonment from 1 to 6 months
and a fine not to exceed $4,230 (3,000 dinars). The Government adopted
the law in the absence of a sitting Parliament, which the King dissolved
in June (See Section 3).
On April 7, organizers canceled a planned march from the Shmeisani
area of Amman to U.N. offices in the city. According to press reports,
the Governor of Amman refused permission for the event.
On March 19, riot police protecting the Prime Ministry used physical
force, including batons, to disperse a sit-in by 25 Ph.D. holders. The
academics were protesting the absence of employment opportunities at
local universities. No one was seriously injured; however, press reports
claimed that at least 10 demonstrators briefly were detained (see Sections
1.c. and 1.d.). The Government denied that it detained any of the demonstrators.
On May 11, security forces dispersed hundreds of protestors who were
attempting to stage two rallies in the Sweileh and Mahatta areas of
Amman. The Government claimed that the rallies were unauthorized and
unlawful. Police used tear gas, water cannons, batons, and dogs to disperse
the demonstrators, reportedly injuring between 10 and 30 persons (see
Sections 1.c. and 2.a.).
On July 31, police and University of Jordan security personnel refused
to allow students holding an anti-Israeli protest to exit the campus.
No force was used in the incident.
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 March 2000, Jordan's 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.
There were no developments in the January 2000 arrest of university
student Asim Ogla al-Maghayirah, whom authorities accused of affiliation
with the banned political party Al-Tahrir and of distributing 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.
The Constitution also states that "there shall be no discrimination"
between Jordanians "as regards their rights and duties on grounds
of race, language, or religion." However, some members of unrecognized
religious groups and religious converts from Islam face legal discrimination
and bureaucratic difficulties in personal status cases.
According to the Constitution, Islam is the state religion. The Ministry
of Religious Affairs and Trusts manages Islamic institutions and the
construction of mosques. It also appoints imams, provides mosque staff
salaries, manages Islamic clergy training centers, and subsidizes certain
activities sponsored by mosques. The Government loosely monitors sermons
at mosques and requires that speakers refrain from criticizing the Royal
Family or instigating social or political unrest. The Political Parties
Law prohibits houses of worship from being used for political party
activity. The law was designed primarily to prevent Islamist politicians
from preaching in mosques.
Neither Islam nor the Government recognizes religious faiths other
than the three main monotheistic religions: Islam, Christianity, and
Judaism. In addition, not all Christian denominations have been accorded
legal recognition as religions. The Prime Minister unofficially confers
with an interfaith council of bishops representing local churches on
all matters relating to the Christian community, including the registration
of new churches in the country. The Government uses the following criteria
when considering recognition of Christian churches as separate official
religions: The faith does not contradict the nature of the Constitution,
public ethics, customs, or traditions; the faith is recognized by the
Middle East Council of Churches; the faith does not oppose the national
religion; and the group includes some citizen followers.
Religious institutions, such as churches that wish to receive official
government recognition, must apply to the Prime Ministry for registration.
Recognized non-Muslim religious institutions do not receive subsides;
they are financially and administratively independent from the Government
and are tax-exempt. Some churches are registered with the Ministry of
Justice as "societies," rather than churches.
According to the Government, the role of the State in religious affairs
is limited to supervision. Groups that have practices that violate the
law and the nature of society--such as Satan worship--are prohibited.
The Government does not recognize the Druze or Baha'i faiths as religions
but does not prohibit the practice of the faiths. Druze face official
discrimination but do not complain of social discrimination. Baha'is
face both official and social discrimination. The Government does not
record the bearer's religion on national identity cards issued to Druze
or Baha'is. The small Druze and Baha'i communities do not have their
own courts to adjudicate personal status and family matters; such matters
are heard in Shari'a courts. The Government does not officially recognize
the Druze temple in Azraq, and four social halls belonging to the Druze
are registered as "societies." The Government does not permit
Baha'is to register schools or places of worship.
The Government does not recognize Jehovah's Witnesses, the Church of
Christ, or the Church of Jesus Christ of Latter-Day Saints, but each
denomination is allowed to conduct religious services and activities
without interference.
The Government does not interfere with public worship by the country's
Christian minority. Although the majority of Christians are allowed
to practice freely, some activities, such as encouraging Muslims to
convert to the Christian faith-as considered legally incompatible with
Islam--are prohibited.
Shari'a prohibits non-Muslims from proselytizing Muslims. Conversion
to the Muslim faith by Christians is allowed; however, a Muslim may
not covert to another religion. Muslims who convert to other faiths
complain of social and government discrimination. The Government does
not fully 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, in practice this principle is not applied.
According to the Government, it neither encourages nor prohibits apostasy.
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. Conversely, converts to Islam fall under the
jurisdiction of the Shari'a courts. Shari'a prescribes the death penalty
for Muslims who convert to another religion; however, there is no corresponding
statute under national law, and such punishment has never been applied.
According to one Christian cleric, the Government does not generally
prohibit citizens from proselytizing if it is within the limits of the
law and based on "the principle of maintaining personal security
and safety and provided that it does not contradict the customs and
traditions of society." Government policy requires that foreign
missionary groups (which the Government believes are not familiar with
the customs and traditions of Jordanian society) refrain from pubic
proselytizing "for the sake of their own personal safety from fundamentalist
members of society that oppose such practices." The Government
has taken action against some Christian proselytizers in response to
the complaints of recognized Christian groups who charge that the activities
of these missionaries "disrupt the cohesiveness and peace between
religious groups in the society."
There were some reports of local government officials encouraging Christian
females involved in relationships with Muslim males to covert to Islam
to diffuse family or tribal disputes caused by the relationship (see
Section 5). However, there were no known cases in which local officials
harassed or coerced individuals to convert during the year.
According to the Constitution, religious community trusts ("Awqaf")
and matters of personal status, such as marriage, divorce, child custody,
and inheritance fall within the exclusive jurisdiction of the Shari'a
courts for Muslims, and separate non-Muslim tribunals for each religious
community recognized by the Government. There is no civil marriage.
The head of the department that manages Shari'a court affairs (a cabinet-level
position) appoints Shari'a judges, while each recognized non-Muslim
religious community selects the structure and members of its own tribunal.
All judicial nominations are approved by the Prime Minister and commissioned
officially by royal decree. The Protestant denominations registered
as "societies" come under the jurisdiction of one of the recognized
Protestant church tribunals. There are no tribunals assigned for atheists
or adherents of unrecognized religions. These individuals must request
one of the recognized courts to hear their personal status cases.
Shari'a is applied in all matters relating to family law involving
Muslims or the children of a Muslim father, and 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 in which a Muslim
converts to Christianity, the act is not legally recognized by the authorities,
and the subject continues to be treated as a Muslim in matters of family
and property law, and the minor children of a male Muslim who converts
to Christianity continue to be treated as Muslims under the law.
Some Christians are unable to divorce under the legal system because
they are subject to their faith's religious court system, which does
not allow divorce. Many of these individuals convert to another Christian
denomination or the Muslim faith in order to divorce legally.
The Government notes individuals' religions (except for Druze and Baha'is,
and other unrecognized religions) on the national identity card and
"family book" (a national registration record that is issued
to the head of every family and that serves as proof of citizenship)
of all citizens. Atheists much associate themselves with a recognized
religion for official identification purposes.
The Government traditionally reserves some positions in the upper levels
of the military for Christians; however, all senior command positions
have been traditionally reserved for Muslims. Division-level commanders
and above are required to lead Islamic prayer for certain occasions.
There are no Christian clergy in the military.
According to June press reports, the Shari'a appeals court ordered
Muslim poet Musa Hawamdeh retried on an apostasy charge due to a procedural
error in his original trial. Some observers believed that the procedural
error was used as a pretext to continue harassing the poet. In early
2000, radical Islamists had criticized a poem published by Hawamdeh.
A government ban of his book and both a civil and Shari'a trial followed
later in the year. In July 2000, Hawamdeh, without retracting any portion
of his poem, was acquitted on all charges in both the Shari'a and civil
courts. Hawamdeh again was cleared of all charges in July of this year
after the retrial. The case was considered closed at year's end (see
Section 2.a).
The Press and Publications Department continued its April 2000 ban
on a book of poetry by Ziyad Al-Anani; the book contained a poem that
reportedly was offensive to Islam (see Section 2.a.).
In June 2000, due to a dispute stemming from an intrachurch rivalry
between the Jerusalem Patriarchate and the Antioch Orthodox Patriarchate,
the Government closed an Arab Orthodox church in Amman that was aligned
with the Antioch Patriarch in Damascus, Syria. The Government closed
the church following a request from the local Orthodox hierarchy to
enforce a 1958 law that grants the Jerusalem Patriarchate authority
over all Orthodox churches in the country. The church reopened in December
2000 with permission from the Government, but was closed again a week
later based largely on pressure from the Orthodox hierarchy. The Government
stated that the church was free to open under a different name that
would not imply affiliation with the Orthodox Church. The church remained
closed at year's end.
Non-Jordanian Christian missionaries operate in the country but are
subject to restrictions. Christian missionaries may not proselytize
Muslims. During the year, U.S.-affiliated Christian mission groups in
the country continued to complain of bureaucratic difficulties, including
refusal by the Government to renew residence permits.
In February 2000, the governor of Amman municipality closed the office
of Life Agape--an organization associated with the Baptists Church--after
the director refused to sign a letter stating that he would not "deal
with Muslims." The office remained closed at year's end.
In April and September 1999, a foreign employee of a small language
school in Amman applied for a residence permit from the Ministry of
Interior. His application was denied, reportedly because government
officials believed that he had been attempting to convert Muslims to
Christianity. He reapplied in April 2000, and was awaiting a response
from the Government at year's end.
In December 1999, the municipality of Amman closed the Roy and Dora
Whitman Academy--a small, nonprofit school founded by U.S.--affiliated
missionaries in Amman-because it was not registered with the Ministry
of Education. The board of the academy had initiated the process of
registering the school in 1997. After being contacted by embassies representing
a number of countries, the Ministry of Education assisted the school
in properly fulfilling registration requirements. In April 2000, the
school received registration and once again began teaching students.
In July 2000, the Ministry of Labor issued work permits to two faculty
members at the school.
In February the Jordan Evangelical Theological Seminary (JETS), a Christian
training school for pastors and missionaries, submitted a new application
for registration as a university to the Ministry of Education. JETS
had applied to the Ministry's Council of Higher Education (CHE) twice
before, once in May 1999 and again in January 2000; neither application
was successful. At the request of the CHE, the most recent application
contained a proposal for an expanded curriculum and a new name without
the word "evangelical"--Jordan Minara University. From August
1998 until year's end, students and faculty of JETS experienced difficulties
in obtaining and renewing residence permits. The school's application
still was pending at year's end, and the Ministry's failure to issue
visas had affected 24 of 140 students (and their families), and 4 staff
members at the school. 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.
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 invoke the 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.
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 and 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 may be proven
only 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.
During the year, there were allegations that the Government did not
consistently apply citizenship laws. The Jordanian Society for Citizens'
Rights (JSCR) reported 52 complaints from persons or families claiming
that the Government denied their right to citizenship. All 52 complainants
disputed the Government's claim that they were ineligible for citizenship
under the regulations, and many filed appeals with the Ministry of the
Interior. The Government had not recognized officially the citizenship
of any of the complainants by year's end.
In July there were reports that immigration officials at the King Hussein/Allenby
Bridge crossing with Israel confiscated the Jordanian passports belonging
to Jordanians of Palestinian origin who were carrying both Jordanian
and Palestinian Authority travel documents. The Government stated that
such confiscations were consistent with laws that prohibit citizens
of Arab League countries from holding passports of any other Arab League
member. Human rights observers claimed that no such law exists, and
that the policy against dual nationality is based on an informal agreement
of Arab League countries.
Human rights activists reported that approximately 350 Jordanians of
Palestinian origin remained outside the country at year's end, due to
the Government's refusal to renew their passports at embassies overseas.
The majority of such persons now live in Syria, Lebanon, and Libya as
stateless persons. The Government offered no response to inquiries by
diplomatic representatives or human rights observers.
The Constitution specifically prohibits the deportation of citizens.
In June the Government permitted the return of Ibrahim Ghosheh, one
of four HAMAS leaders allegedly expelled in 1999. Although initially
refused entrance, Ghosheh was admitted in return for his pledge to cease
his activities with HAMAS. The three other expelled HAMAS leaders remained
outside the country at year's end (see Sections 1.d., 1.e., and 2.b.).
Former Member of Parliament Yaqoub Qarrash remained outside the country
at year's end. He was refused entry at the border in January 2000, when
he attempted to return from Saudi Arabia.
There is no law or statute that provides for the granting of refugee
status or asylum. The Government generally cooperates with the office
of the UNHCR. The UNHCR must resettle refugees in other countries. However,
in April 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. The UNHCR regularly
trains law enforcement officials in international refugee law, including
specialized courses for policewomen. The Government provides first asylum.
According to UNHCR figures, 55,626 persons sought asylum through the
UNHCR between October 1990 and 2000.
The Government estimates that over 300,000 Iraqis reside in the country.
Since 1991 thousands of Iraqis have applied for refugee status and received
legal and material assistance from the UNHCR. In addition to applications
from Iraqis during the year, the UNHCR also received applications for
refugee status from Sudanese, Russians of Chechen decent, Somali, and
Eritrean asylum seekers.
For the 2000-2001 school year, the Government continued 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 2000.
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.). There were no other cases in which the Government deported
persons to a country where they feared persecution.
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, Cabinet, and upper
house of Parliament, 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 both June and October, King Abdullah reordered his Cabinet, appointing
new members and changing portfolios among serving ministers. Prior to
the reordering, there were 29 ministers; at year's end there 26.
On June 16, the King dissolved Parliament and directed the Government
to draft a new election law. Parliamentary elections had been scheduled
to be held during the year; however, the King exercised his authority
under the Constitution to postpone elections for up to 2 years, indicating
that elections would be held no earlier than summer 2002. At year's
end, the King had not announced a specific date for elections and the
Parliament remained dissolved. According to the provisions of a temporary
election law approved by the King on July 22, the Parliament is composed
of a 40-member Senate, appointed by the King, and a popularly elected
104-member Chamber of Deputies. The Chamber of Deputies previously had
contained 80 members. The Parliament is empowered by the Constitution
to initiate legislation, and it may 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 claimed 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, it must submit the law to Parliament
for consideration during the next session; however, such "temporary"
laws do not expire and, while technically subject to action by Parliament
when it returns to session, may in practice remain in force without
legislative approval.
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 previous 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 election law adopted in July increased the number of electoral
districts by redrawing district boundaries and redistributed seats among
districts. The Government also included provisions, such as those requiring
verification of polling results by members of the Judiciary, that are
designed to increase transparency and accuracy. The voting age was lowered
from 19 to 18 years. The law did not include quotas for women or opposition
political parties. Observers believe that the new law continues to favor
electorates in rural and southern Jordan, regions with populations known
for their traditional, pro-Hashemite views.
The law retains the so-called one-man, one vote provision, which 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 Islamic
Action Front, the political arm of the Muslim Brotherhood, continues
to declare publicly that it will boycott new elections unless significant
changes to the one-man, one-vote provision are made.
From July to September, the Government initiated a series of consolidations
designed to merge many of Jordan's 328 municipalities into a number
of larger units that remained undetermined at year's end. The Ministry
of Municipal, Rural, and Environment Affairs stated that these mergers
were undertaken to reduce municipal operating costs and improve local
services. Opponents of the measure claim that the consolidations are
an attempt to undermine the strength of Islamist parties in local government,
and that it will weaken the democratic process at the municipal level
by reducing the number of locally elected officials. At year's end,
the Islamic Action Front was considering legal action against the Government
to halt the consolidations.
Women have the right to vote, and women's groups encourage women to
vote and to be active in the political process; however, the percentage
of women in government and politics does not reflect their numbers in
the population. There is one female minister. In the previous Parliament
there were two female senators, but no women held seats in the Chamber
of Deputies.
Of the 104 seats in the lower house scheduled for election in 2002,
9 are reserved for Christians, 9 for Bedouins, and 3 for the Circassian
or Chechen ethnic minorities.
The Palestinian community, estimated at more than half of the total
population, is not represented proportionately in the Government and
legislature. Five of 28 ministers are of Palestinian origin, a decrease
from 9 of 28 in the previous government. In the most recent Parliament,
6 of 40 senators and 11 of 80 lower house deputies were of Palestinian
origin. There 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. The 1999 amendments to the Press and Publications
Law removed restrictions on the publication of information about the
military and security services, which had prevented the publication
by domestic groups of reports alleging torture and other abuses committed
by the security services; however, similar restrictions still exist
in the Penal Code and other laws (see Section 2.a.).
The local chapters of the Arab Organization for Human Rights (AOHR),
the Jordanian Human Rights Organization (JHRO), and Jordanian Society
for Citizens' Rights (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. Both the AOHR and JSCR published human rights reports during
the year. The AOHR assert that the Government responds to only about
10 percent of the complaints that it submits on behalf of individuals
who allegedly were subjected to human rights abuses by the authorities;
the JSCR claim the Government responds to 20 percent of its cases. 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. At year's end, it was unclear how amendments
to the Penal Code that broadened the Government's authority to prosecute
certain types of speech would affect the work of local NGO's (see Section
2.a.). Local 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 September 2000, the Jordan
Press Association expelled its vice president, Nidal Mansour for allegedly
receiving foreign funding for the NGO he headed, the Center for Defending
Freedom of Journalists. In February the Higher Court of Justice denied
Mansour's appeal of his expulsion (see Section 2.a.).
In March 2000, the Government formed the 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 2000, the Commission sponsored two human rights awareness
seminars with police and judicial officials in Amman and Aqaba. In June
the Commission presented a draft law designed to create an independent
National Center for Human Rights. The Government had not released the
draft nor taken any further action on the legislation by year's end.
Members of the Commission also intervened in a number of individual
cases of alleged human rights violations throughout the year.
The Government established in 2000 the National Team for Family Protection
and the Child Protection Center (see Section 5). The Government controls
the Parliamentary Public Freedoms Committee, the Ombudsman, and the
Human Rights Office at the Prime Ministry.
The Government generally cooperates with international NGO's. The ICRC
usually is permitted full and unrestricted access to detainees and prisoners,
including those held by the GID and the military intelligence directorate
(see Section 1.c.).
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 and minorities 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 a 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 provides for leniency for a person found guilty of
committing an "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. Fourteen such
murders were reported during the year, in which the victims were strangled,
stabbed, or shot several times. The actual number of honor crimes is
believed to be significantly higher. 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 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 such "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.
In June Fadia Mohammad reportedly was shot and stabbed by her brother,
who killed her for "reasons of family honor" after learning
that she was pregnant. Coroner's reports later indicated that Fadia
was 6 months pregnant at the time of her death. Her brother surrendered
himself to police after initially fleeing the scene of the killing.
The case was pending at year's end.
In July a 15-year-old boy from Irbid confessed to killing his 20-year-old
sister. He claimed to have acted in defense of his family's honor. The
boy repeatedly struck his sister in the head with a club before covering
her body in kerosene and setting it on fire. A coroner's report found
that the girl had not been sexually active. Her brother surrendered
himself to police and his case was pending at year's end.
There were no developments in the April 2000 death of Fathieh Mohammad,
who reportedly was shot and killed by her father to "cleanse his
honor." The police subsequently arrested and charged both her father
and brother for the crime.
There were no developments in the November 2000 beating death of a
19-year-old girl. In December 2000, police arrested the girl's brother
for beating to death his sister for "reasons of honor." Police
were investigating a second brother for his suspected involvement in
the killing. Medical tests indicated that the victim had not engaged
in sexual activity.
Most activists believe that even if Article 340 were repealed, honor
crimes likely would persist, with sentences continuing to be reduced
under Article 98.
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.
According to the law, sexual harassment is strictly prohibited and
subject to criminal penalties including fines and imprisonment. Sexual
harassment, assault, and unwelcome advances of a sexual nature against
women do not appear to be widespread problems.
Women experience legal discrimination in matters of pension and social
security benefits, inheritance, divorce, and the value of court testimony.
In Shari'a courts, 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. Current laws and regulations
governing health insurance for civil servants do not permit women to
extend their health insurance coverage to dependents or spouses. However,
divorced and widowed women may extend coverage to their children.
Under Shari'a as applied in the country, female heirs receive half
the amount of male heirs 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, if
they do not hold legal residency, 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.
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 hold 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 Jordanian chapter of the Business and Professional
Women's Club holds 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 since-rescheduled 2001 parliamentary
elections. In 2000 the University of Jordan established a new graduate
degree program in women's studies 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. 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.).
The Government has attempted to address the issues of educational development
and quality, and the relevance of education to job-market demand, with
few concrete results. More than 90 percent of school-age children attend
primary schools, although the percentage among males is slightly higher
than that among females. 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.
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 due to a family member's allegedly problematic record.
The Government provides free inoculation programs for children, which
typically administered through the school system. In addition, children
have access to government-subsidized public clinics, which offer reduced
fees for most services.
In March 2000, Queen Rania established the National Team for Family
Protection (NTFP) to consolidate all issues concerning family safety.
In August 2000, 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.
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.
The Government attempts to safeguard some other children's rights,
especially regarding child labor (see Section 6.d.). 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,
the 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.
Persons with Disabilities
High unemployment in the general population restricts job opportunities
for persons with disabilities, estimated by the Ministry of Social Development
to number 220,000. Thirteen percent of citizens with disabilities receive
monetary assistance from the Government. The Government passed legislation
in 1993 requiring future public buildings to accommodate the needs of
persons with disabilities and to retro-fit existing public buildings;
however, implementation has been slow. In 2000 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 persons with mental and
physical disabilities in public and private sector training courses.
It has placed approximately 3,660 persons with disabilities in public
and private sector jobs. The law requires that 2 percent of the available
jobs be reserved for persons with physical disabilities. Private organizations
and members of the royal family actively promote programs to protect
and advance the interests of persons with disabilities.
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 percentage of the general population. Druze face official discrimination
but do not complain of societal discrimination. Baha'is face both official
and societal discrimination. Their faiths are not recognized officially,
and Druze 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.
The majority of the population views religion as central to personal
identity, and religious conversions are not tolerated widely. Muslims
who convert to other religions often fact social ostracism, threats,
and abuse from their families and Muslim religious leaders. Romantic
relationships between members of different religions, which may lead
to conversion--either to the Muslim or Christian faiths--usually are
strongly discouraged by the families. Interfaith relationships may lead
to ostracism and, in some cases, violence against the couple or feuds
between members of the couple's families. When such situations arise,
families may approach local government officials for resolution. There
were reports during the year that in some cases, local government officials
encouraged Christian women involved in relationships with Muslim men
to convert to Islam in order to defuse potential family or tribal problems.
However, there were no known cases in which local officials harassed
or coerced persons to convert. In previous years, when the Government
intervened, it sometimes placed the women concerned into "protective
custody" to prevent retribution by one of the families.
National/Racial/Ethnic Minorities
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. 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 then-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.).
Section 6 Worker Rights
a. The Right of Association
Workers in the private sector and in some state-owned companies have
the right to form and join unions. Unions must be registered to be considered
legal. Union by-laws limit membership to citizens, effectively excluding
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 legally
binding. 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 July 300 workers employed by a sub-contractor of the Greater Amman
Municipality (GAM) staged a sit-in strike to demand 11/2 months of unpaid
daily wages. The workers, mostly Egyptian laborers, were constructing
an intersection in Amman. The GAM, the contractor, and the subcontractor
all claimed that the other parties were responsible for resolving the
dispute. The strike lasted less than a week and the workers received
all wages due. The case was considered closed at year's end.
During the year, the Jordan Cable and Wire Company reinstated 220 workers
that a labor court ruled were dismissed illegally in 1999.
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, almost exclusively female, 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, nightclubs, 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.
According to the law, employers that hire a child under the age of
16 must pay a fine ranging from $140 to $710 (100 to 500 dinars). The
fine is doubled if the offense is repeated. However, the Government
did not provide training for government officials who are responsible
for enforcing child labor laws and did not enforce laws regarding child
labor during the year. All child labor enforcement responsibilities
rest in the hands of 85 Ministry of Labor inspectors. 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 activities, such as drug trafficking and prostitution,
for income.
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.
Assistance received from the International Labor Organization (ILO)
and increases in the Government's funding for the Ministry of Labor
during the year, allowed the Ministry to staff the division with 5 employees
by year's end.
The Ministry of Labor 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. With assistance from the
ILO and increased funding from the Government, the Ministry has made
progress in implementing some of the provisions of the National Plan
of Action on Child Labor.
Financial assistance received from ILO during the year supported government
efforts to implement the provisions of ILO Convention 182 on Elimination
of the Worst Forms of Child Labor. Government policy also 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. However, there are no specific
mechanisms for receiving, investigating, or addressing child labor complaints
relating to allegations of the worst forms of child labor.
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).
The law does not specifically prohibit forced or bonded labor by children;
however, such practices are not known to occur (see Section 6.c.).
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. The national minimum wage does
not provide a decent standard of living for a worker and family. 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 lived at or below the poverty level and that 1.5 percent
lived 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 requires overtime pay for hours worked in excess of the standard
workweek, which generally is 48 hours. Hotel, restaurant, and cinema
employees may work up to 54 hours per week. Workers may not work more
than 10 hours in any continuous period or more than 60 hours of overtime
per month. Employees are entitled to 1 day off per week.
The Ministry of Labor continues to enforce a February 2000 decision
that required Egyptian workers to obtain work permits approved by the
governments of both Egypt and Jordan. The Government also maintains
its commitment to apply "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.
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 home country. Domestic servants generally are not given days off
and frequently are called upon to work at any hour of the day or night.
f. Trafficking in Persons
The law does not specifically prohibit trafficking in women or men;
however, the practice is not known to occur. A 1926 law specifically
prohibits trafficking in children. There were no reports that persons
were trafficked, to, from, or within the country.
Source: The
Country Reports on Human Rights Practices, U.S.
State Department, March 2002 |