Euro-Mediterranean Human Rights Network – EMHRN

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Association Council meeting between Jordan and the EU	Date: 14-10-2003

EMHRN document in view of the Association Council meeting between Jordan and the European Union, 14 October 2003 Observations and recommendations, 10 October 2003 The second Association Council meeting between the European Union and Jordan will take place on 14 October, 2003. The Association Agreement, which entered into force on 1st May, 2002, includes the following clause: « Relations between the parties as well as all provisions of the agreement, shall be based on respect for democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights which guides their internal and international policy and constitutes an essential element of this Agreement. » This commitment was reiterated and the modalities of implementation outlined in the European Commission’s Communication of 21 May 2003 “ Reinvigorating EU actions on Human Rights and Democratization with Mediterranean partners - Strategic guidelines ” (Communication on Human Rights and the Mediterranean). The ten proposals of this Communication include in particular the institutionalization and deepening of political dialogue on human rights, the elaboration of an action plan on human rights and the systematic consultation and participation of civil society. The Council meeting will provide an opportunity to examine all areas of the bilateral partnership, including the political aspect and in particular human rights issues in accordance with the above-mentioned texts. In general, the situation in the region should in principle be discussed within this framework. In this respect, the EMHRN can only reiterate that the absence of a just and lasting solution to the Palestinian conflict and situation in the Occupied Arab Territories is endangering peace in the Middle East; peace is essential for the promotion of human, civil, political, socio-economic and cultural rights. Meanwhile, one of the consequences of the war in Iraq has been an increase in the emigrant population in Jordan. Concerning civil and political rights in Jordan, the EMHRN welcomes the relative evolution of the situation over the past few years. It notes with interest the political will for reform and cooperation, declared by the Jordanian government at the time a delegation from the Network visited Amman in January 2000, and then at meetings between representatives of the Network and the Jordanian embassy to the European Union in February 2003. However, the EMHRN notes that this will has not been sufficiently translated into action. Indeed, a great deal remains to be done to implement effectively Jordan’s commitments to the international community, as well as within the framework of the Euro-Mediterranean Partnership, both at the multilateral and bilateral level. In this respect, the EMHRN deplores the serious deficiencies at the level of guaranteeing the exercise of public freedoms, which are crucial for the reinforcement of civil society, socio-economic development and consolidation of the rule of law. The laws adopted in the wake of September 11th, 2001, are still being used to restrict freedom of expression. For instance the Al Whada Weekly was banned on an order from the State Security Court (SSC) Prosecutor, although amendments to Article 150 of the Penal Code that eroded the right to freedom of expression and extended the cases which could fall under the competence of the SSC, were cancelled. - An uncertain number of detainees are prisoners of conscience. Hundreds of people have been arrested for having taken part in demonstrations in support of the Palestinian cause or protesting against the war in Iraq. - Journalists have been taken to court for publishing false information, considered to have «harmed the reputation of the State and its government officials ». What constitutes this crime is unclear, leaving the way open for arbitrariness, both when it comes to bringing proceedings and sentencing. In spite of two consecutive revisions, the law on the press is still below the international norm as defined by Article 19 of the pact relating to civil and political rights. - The setting up of associations remains subject to administrative authorisation. Trade Union activists have been arrested and taken to court over three months. By order of the Minister of the Interior, the Jordanian society for citizens' rights has been disbanded for having expressed criticisms relating to human rights violations. Many human rights defenders have been subject to intimidation and harassment. In addition, the EMHRN notes the following: - Torture is frequently carried out by members of the security service and prison warders. - The majority of people taken to court in the framework of exercising fundamental rights and freedoms, or for crimes of a political nature, are tried by an emergency court: the State Security Court. This includes people accused of terrorist related activities. The conditions for fair trial, determined by Article 14 of the pact relating to civil and political rights, have not been met. - Several people tried in this way have been sentenced to death and fourteen have been executed. - The right to life is also frequently compromised by murders committed within families, in particular, when women are murdered over matters of honour. Article 98 of the penal code makes provision for the courts to treat leniently those who commit crimes in « a fit of rage » in the wake of an illegal act committed by the victim. In light of the above, the EMHRN makes the following recommendations: A- Implement effectively the commitments undertaken by Jordan through its ratification of international human rights pacts and conventions. B- Adopt and implement a national plan to promote human rights (in cooperation with NGOs at the elaboration, implementation and evaluation stages) in line with the recommendations of the World Human Rights Conference held in Vienna in 1993 and the Commission Communication on Human Rights and the Mediterranean Region. C- As proposed in the Commission Communication, create a working group on human rights in the framework of the Association Council, which would systematically involve civil society in its preparatory work of the meetings of the Association Committee and Council. D- Reform the law relating to freedom of public assembly, association and expression in line with international norms. E- Abolish the state security court and reform the law with a view to strengthening guarantees for the independence of judges and fair trial. F- Revise the criminal law with a view to abolishing the Article 98 disposition which allows courts to treat leniently those who commit murder over matters of honour. We welcome positive recent legislative developments in this regard, but ask for an increase of the minimum punishment (currently very weak) and for effective implementation of the legislation by the courts. We also welcome positive developments regarding the personal status law, but ask for further modifications as well as changes in the nationality law. G- Criminalize the practise of torture and implement this effectively in relation to perpetrators of torture. H - Put an end to all restrictive measures regarding human rights defenders in line with the International Declaration relating to their protection. I- Adopt an action plan for human rights consciousness-raising and education with the collaboration of international governmental and non-governmental bodies. J- Reinforce human rights projects in Jordan within the bilateral framework of the MEDA programme, especially the recent programme on reinforcing pluralism and human rights.

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