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| Jordan Association Council | Date: 07-10-2004 |
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Memorandum / Open letter EU-Jordan Association Council on October 11th 2004 To : EU Foreign Affairs Ministers EU High Representative for CFSP, EU Commissioner for External Relations The International Federation for Human Rights (FIDH) and the Euro-Mediterranean Human Rights Network (EMHRN) address this letter to you in view of the second EU-Jordan Association Council on 11 October 2004. We would like to express our concerns regarding the human rights situation in Jordan. Article 2 of the EU-Jordan Agreement, which entered into force on May, 1, 2002, states that the relationship between the EU and Jordan shall “be based on democratic principles and fundamental human rights” and aims at “creating an area of peace and stability based on fundamental principles, including respect for human rights and democracy” . These principles are an essential element of the Agreement. The Communication on human rights, adopted on 8 May 2001 by the European Commission states that in all future dialogues it will “seek to ensure that the discussion covers issues of concern relating to human rights and democracy" and that in some cases where countries refuse to co-operate “negative measures may be therefore more appropriate”. In June 2001, the Council’s conclusions on the role of the European Union in promoting human rights and democratization in third countries also affirmed that these issues should be included “in all EU political dialogues and bilateral relations with third countries”. These principles have been reiterated in the May 2003 Commission Communication on reinvigorating EU Actions on Human Rights and Democracy with Mediterranean Partners. This communication, which has been approved by the Council, affirms that “A dialogue on Human Rights and democratization should be pursued in a coherent and consistent way, based on internationally agreed standards and instruments, and in particular those of the UN”. This document specifies that the “essential element” clause in Association Agreements “allows for either Party to take measures in response to a failure on the part of the other to respect democratic principles and Human Rights”. Moreover the Communication recommends that specific action plans on human rights are adopted with each Mediterranean country. Complementary to this, the March 2003 Commission Communication on a ‘Wider Europe’ provides for reinforced co-operation with the EU’s Mediterranean partners providing there is progress on issues such as respect for human rights, which should be evaluated according to “clear and public objectives and benchmarks spelling out the actions which the EU expects of it partners”. In the framework of the European Wider Policy an action plan which should include a chapter on human rights and democratization has been negotiated between the EU and Jordan and is about to be adopted. I. Subjects of concern Jordan has ratified most of the international instruments protecting human rights. Jordan recently created a National institution for Human Rights. However, parts of the existing legislation and practices do not comply with international human rights standards. 1) Women's rights Jordan is a party to the Convention for the Elimination of all Forms of Discrimination against Women (CEDAW) since 1992. However, violence and discrimination against women are particularly preoccupying. One of the most serious abuses towards women is killings perpetrated under the cover of 'honour crimes'. The importance of the phenomenon of honour crimes is difficult to report since there are no reliable statistics. However, the Jordan Times reported that the twelfth honour killing of 2004 was perpetrated on 6 August 2004. Impunity of these crimes is guaranteed by article 98 and 340 of the Jordan Penal Code which excuses men who kill “their wife or a close female relative” if they act out of 'fury' or in case of adultery. There is a climate of sympathy and impunity towards the perpetrators of such crimes. The police is not inclined to investigate these crimes and in the case the author is judged he rarely remains in jail for more than two years. Moreover, women at risk to be killed by a member of their family to save the honour of the family may remain in jail in a so-called 'protective custody'. According to a 2004 Human Rights Watch report, some women remain as long as ten years in jail, waiting for the person threatening her outside to die . As it was emphasised in the concluding observations of the U.N. Committee on Economic, Social and Cultural Rights marital rape is not criminalised . Although women have the right to search legal remedy in case of any physical abuses by their husband, it is very difficult in practice because of the social and cultural pressure. Women continue to suffer legal discrimination in Jordan particularly concerning their freedom of movement, inheritance rights (female heirs receive half the heritage perceived by males), child custody and social benefits. In June 2004, the lower house of the Parliament rejected again a reform of the personal status law which intended to raise the age of marriage to 18 years old for women, to give women the right to divorce and the right to be informed from the decision of their husband to remarry . At the time of writing no final decision has been given on the law granting women the right to divorce. Women are also subjected to a de facto discrimination linked to the social pressure on women in Jordan. A Royal decree imposes a quota of six female members of Parliament out of 110 seats. 2) Civil and Political rights Freedom of Expression In 2003, the Jordan government repealed the 2001 amendments to the Press and Publication Law (article 150 of the Criminal Code), which seriously restricted freedom of press. A new draft law on press and publication including important guarantees to the right of freedom of expression has been introduced recently. The High Council for Media has shown willingness to enlarge and monitor press freedoms. However, censorship remains important, as about 20 laws concern the press. For example, concerning television broadcasting, the law of on 29 October 2002 still restricts the right to broadcast « anything that threatens national unity (...) provoke terrorism, racism or religious discrimination or affect badly the kingdom relationship with other countries ». The latter may lead to criminalization of any protest against the foreign policy of the government. In practice, many cases of censorship were reported in 2003. The weekly newspaper Al-Wehda, was censured many times in 2003. One of its journalists Muhannad Mbeidin, the chief editor Nasser Qamash and the director Roman Haddad were sentenced by the State Security Court to two to six months’ imprisonment for defamation and insult to 'Islam and the dignity of the State. The newspaper was suspended during two months. Al-Wehda denounces the presence of censors at printing presses, preventing the publication of sensitive papers such as an article referring to torture in 1993. On December 17, 2003, Jordan Television was refrained from broadcasting a seminar about “Human Rights and development”. Numerous books are also banned on the basis of religious, moral and political grounds. The government interferes with internet access by blocking websites. Additionally, academic freedom is restricted. It is reported that in 2003, university researchers have been subjected to threats, eight of them being dismissed . Freedom of Association and Peaceful Assembly Article 16-2 of the Jordanian Constitution grants the right to freedom of peaceful assembly and association. However, the Minister of Interior has the right to close and dissolve any association without prior notice if the organisation is in breach of the Jordanian law. As far as the right of peaceful assembly is concerned, the public gathering law adopted by the Senate in February 2004, restricts the right to hold meetings. The government must give its approval before any demonstration. Demonstrating without prior consent of the relevant authority involves an important fine and up to six months imprisonment. Death penalty Death penalty is still a matter of concern. According to a preliminary report by Mizan, it is increasing and people were sentenced to death in 2002, with 7 executed; 14 were sentenced to death in 2003 with 8 executed. Death penalty is required in 55 cases under Jordanian law. The practice of death penalty is even more concerning as this sentence is often pronounced by State Security Courts which fall short of international standards relative to the right to a fair trial. Right to a fair trial Political trials still take place before the State Security Court, whose procedural rules do not respect the right to a fair trial. SSC uses military judges and prosecutors. Most of the persons tried before the SSC are charged with terrorist activity publication of information undermining the 'dignity of the State'. For example, on 8 December 2003, Ra'ed Muhamed Hijazi was sentenced to death for “terrorist activity” after a trial Amnesty International denounced as unfair condemn. It is alleged his confession were obtained under duress. Further, arbitrary arrest and detentions are regularly reported in Jordan. According the Jordan Human Rights Society, citizens have been arrested for one or two months without notification to the relatives . Palestinian refugees According to the UNRWA, there are more than 1,7 million Palestinian refugees in Jordan either in camps or outside. Whereas, the displaced Palestinian population from the West Bank after the 1967 Israeli-Arab war was granted Jordan citizenship, it was not the case for the Palestinians from Gaza who are only ranted a two-year passport for travel. Although Jordanians of Palestinian origin are entitled the same civil, political, economic, social and cultural rights and although they are an outright majority of the total population of Jordan, they claim a de facto discrimination. They suffer discrimination in relation to access to jobs in the public sector, universities and scholarships . Many Palestinians live in 10 over-populated refugee camps, which make their conditions of living very difficult, especially regarding the right to housing, to education, and the right to health . Children's rights Illegitimate children are seriously prejudiced. Most of them are to be wards of the State or live in margin of the society. Moreover, if they are not recognized by their father, they cannot be granted a passport or an identity number. They consequently remain stateless in total violation of article 7 of the Convention on the Right of the Child . Migrant workers Foreign domestic workers are excluded from the Jordan labour law and consequently do not benefit from any legal safeguards. Most of them originate from South East Asia. It is reported that violence against female domestic workers is widespread, as well as confiscation of travel documents by employers. Refugees Jordan is not a party to the 1951 Refugee Convention. A Memorandum of Understanding was signed in 1998 between Jordan and the UNHCR. Refugees in Jordan are granted a six-month residence permit before they are deprived of any legal status. Hundred thousands of Iraqis were hosted by Jordan before the conflict. During the war against Iraq, thousands people fleeing Iraq were being held in refugees camps at the border including in the “no-man's land” between Jordan and Iraq in very harsh conditions. It is reported that the Jordanian authorities refused entry to Jordan to many of these refugees. II. Recommendations In the framework of the Euro-Mediterranean Partnership and the Neighbourhood Policy, the FIDH and the EMHRN call on the European Union to urge the Jordanian authorities to: – Declare a moratorium on executions and further abolish death penalty; – Reform the penal code in order to criminalize “honour crimes”; – Ensure women’s rights, in particular those related to freedom of movement, inheritance, child custody, social benefits; – Ensure the right to a fair trial by promoting independent tribunals and abolishing jurisdictions of exception such as State Security courts before which the basic international standards for a fair trial are not guaranteed. The FIDH and the EMHRN call on the European Union and Jordan to: – Integrate a strong chapter on human rights with clearly measurable objectives and benchmarks in the action plan to be adopted very soon in the framework of the European Neighbourhood Policy. Civil society should be actively consulted and involved in the implementation of the action plan (we very much regret that there was no consultation at the drafting stage). Regular evaluation of the progresses should be undertaken and the action plan subsequently adapted. – Decide to create at the association council’s meeting, a committee on human rights in the framework of the Association Agreement and to guarantee that civil society will be regularly consulted on the work of any such future committee. The FIDH and EMHRN urge the EU to: – Fully implement the 10 recommendations of the EU Communication on reinvigorating EU actions on human rights and democracy with Mediterranean partners; – urgently allocate the necessary financial and human resources for the implementation of the Wider Europe action plans and the Communication on human rights in the Mediterranean region. Both organisations welcome the adoption of EU programmes on human rights and democratisation in Jordan for 2005-06; however these are not enough to implement the 2 communications. Furthermore we hope that NGOs working on human rights, women’s rights and refugee/migrants rights will have an easy access to these programmes. We also ask for systematic mainstreaming of human rights and women’s rights into all MEDA programmes with a clear methodology. Brussels, the Hague, Paris, Octobre 7th 2004 Sidiki KABA President of the FIDH FIDH permanent delegation to the EU Chaussée d'Alsemberg 303 - 1190 Brussels, Belgium tel. +3222096289, fax. +3222096380 fidh.bruxelles@skynet.be, www.fidh.org Kamel JENDOUBI President of the EMHRN EMHRN Strandgade 56 1401 Copenhague K Tel: +45.32698910, fax +4532956554 info@euromedrights.net |
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