 |
Freedom of Association in JORDAN |
Summary Report
| Political and democratic situation linked to Human Rights |
| Civil society landscape |
| Legislation |
The political and democratic situation linked to human rights
Jordanian civil society is nascent. The kingdom gained its independence in 1946. After the Israeli occupation of Palestine in 1948, and the immigration of large numbers of Palestinians to Jordan, charity associations were formed to offer support and social aid to Palestinian refugees.In the beginning, the work of associations was limited to charitable activities and supplying aid. Later it progressed with the development of social life and the diversity of Jordanian society which led to the emergence of different kinds of associations.
Jordan’s signing on to international agreements had the effect of raising the awareness of all groups in Jordanian society to the notions of human rights, including the right of association. But the reform approach that Jordan is following now, which depends on blending into the global economy in accordance with “the new international order” on the one hand and the so-called “fight against terrorism” on the other hand, has had a negative effect on public freedoms. Laws connected to the right of assembly were amended to allow for more supervision by the interior ministry on freedom of assembly.
The situation of civil society: General outline for all kinds of associations
According to the law, associations are “establishments that voluntarily provide any service or activity to enhance standards of living to citizens in the society whether in regard to culture, education, health, sports, spirituality, social, or the arts.” The law distinguishes between charity association, social institution, ordinary institution, foreign association, and institutions formed by a special law that act like non-governmental organizations.Charity association are linked to the Ministry of Social Development, while ordinary associations, like sports, cultural, and social clubs, and boys/girls scouts are linked to the Ministry of Interior and the Ministry of Culture and Youth. There are all kinds of associations in Jordan that deal with issues related to human rights and public freedoms, they include:
1. Human Rights Organizations in general
a – Human Rights Associations1: There are many associations concerned with human rights in general.
b – Associations concerned with torture issues: There is no organization specialized in combating torture, despite the bad situation of human rights in Jordan’s jails, including cases of torture and coerced confessions as was documented in the reports of the National Center for Human Rights issued on 2005 and 2006.
c – Special categories: There are a number of associations in Jordan concerned with vulnerable groups: protection of women’s rights2; protection of children’s rights3; organizations concerned with cultural issues4; organizations concerned with protection of the environment5; religious organizations (Islamic or Christian)6; etc.
2. Associations’ methods of work: Associations rely on the methods of observing, promoting, and defense.7
3. Special categories: there are no special categories.
4. Priority fields:
Official statistics reveal that the number of civil society institutions exceeds 2,000 organizations, 800 of which are charity associations; 300 cultural institution; 45 centers for studies, research, training, and social and psychological guidance. In addition there are more than 35 foreign NGOs. The number of political parties is currently around 23 parties, some of them were joined into a federation framework.
In regard to geographical distribution of these organizations, statistics show that 32.3% of them are in Amman, 12.8% in Irbid, 6% in Al-Balqa, 8% in Zarka, 7% in Mafraq, 5% in Karak, and 4% in Ma’an, Ajloun, Tafilah, and Madaba.8
5. Other categories of organizations
In Jordan, there is a type of organization called “Governmental NGOs”, which is a mixed type. They claim to be non-governmental, but they were established by the government which appoints their boards of directors, and some of them are headed by one of the royal family. They are established by special laws.9
Legislation
1. International conventions ratified by Jordan
Jordan has ratified most of international agreements including the International Declaration for Human Rights, ICESCR, and ICCPR.
2. Jordanian Constitution
The Jordanian constitution affirms in Article 16 the right of assembly and the right of association. The National Convention affirmed these rights further in Article 10 of chapter 5 under the title “the Social Domain.”
3. Laws
In 1936, the Jordanian state abolished the liberal Ottoman law of 1909 which only required that the state be informed when an association was established. After that, successive governments issued laws to organize the work of associations, the last of which was law number 33 of 1966 amended be law number 2 of 1995, and it is the currently operative law.
There are other laws and regulations related to establishing and organizing the work of civil society organizations, mainly: law of public assembly number 7 of 2004, the labor law which regulates labor union activities, law of cooperative associations, law of political parties and associations, the new company law of 1997, and trade unions laws.
Establishment and registration
1– Does the Law allow the existence of undeclared associations?
Jordanian law does not allow the existence of undeclared association. The penal law considers associations without license as “associations of outlaws or illegal associations.” The interpretation of this law considers this offense a misdemeanor and not felony.10
2– Do registration regulations depend on obtaining a license or just a declaration?
For the establishment of any association or institution, the law of associations and social institutions requires obtaining written permission from the responsible minister who is authorized to accept or reject the registration of any association or institution. The minister may consult the governor and he/she must respond in writing within 30 days.
3– What are the reasons that may lead to the rejection of registration?
In most cases, rejection the registration of an association is justified on the basis of “diversion from the purposes of the association or the existence of legal transgressions.” The associations denied registration are usually those who advocate opposition policies.
4– To what extent is the registration process hard or easy?
Registration applications are usually easy and affordable, except in rare cases when the application requires more procedures and consultations with the governor, and security services. However, the law stipulates that the number of founding members must be a minimum of seven members, which makes it harder to establish an association.
5– Are there ways to contest the denial or delay of registration applications?
When a registration application is denied, applicants can resort to the court to contest the administration order within 15 days from receiving the order. In addition, they can ask for damages through a law suit.
6– Does the association acquire a legal status automatically after registration?
After approval of registration application, associations gain an independent legal personality that enables them to pursue their activities within their mandates and goals.
7– Are there any remedies when the right of establishing and registering associations is violated?
In principle, it is possible to challenge the minister’s decision by resorting to competent courts.
Dissolving and suspension of associations
1– What are the motives and reasons for dissolving and suspension of associations?
The reasons for dissolving associations and institutions, as well as the reasons for rejecting registration applications, are usually general reasons and not specified, such as “diversion from the purposes of the association, or the existence of legal transgressions.” Targeted associations are usually those who advocate opposition policies. However, the legal reasons that authorize the minister to dissolve an association and appoint a temporary administration body for the association, are rather clear and defined reasons:
a. If the number of the administrating body is less than the number necessary to hold meetings in accordance to statutes (…)
b. If the administrating body breached the statutes (…) and the administrating body did not correct the breach within one month of receiving a written warning from the minister.
2– Who are the authorities responsible for these decisions (i.e. the authority that can decide to dissolve an association)?
1- An association can be dissolved or suspended if one third of its general assembly who are eligible to vote, vote in favor of is dissolution. 2- Members of an association can resort to courts and ask to dissolve the association if there has been a breach to the conditions stipulated by law. 3 –The law authorizes the minister to dissolve any association or social institution in particular cases.
3 – Are there ways to challenge dissolving orders?
The law allows the founders of any association to resort to the judiciary to contest an order to dissolve the association before the high court of justice, which usually adopts legal texts that give the minister wide authority to dissolve an association.
structures and activities
1– To what extent are the members free to form statutes and bylaws and amend them?
Everything must be done with the approval of the public administration and the relevant ministries. Associations are required to obtain written approval for any amendment to their statutes.
2– To what extent are members free to join an association or dissociate from it?
The constitution and the law affirms the freedom to join associations or dissociate from them. But the relevant ministries observe every thing happening in associations.
3- Do pubic authorities interfere by attending meetings (general assembly, board of directors) and elections?
The Minister could delegate one of the ministry’s employees to attend meetings to insure that elections are held in accordance with the statutes. Associations are required to inform the authorities in advance about the date and place of meetings to enable a representative from the ministry to attend. Meetings will not be considered legal without the attendance of the ministry’s representative.
4– Are there any restrictions on women’s participation in associations, especially in management boards?
There are no restrictions in the law on the participation of women in associations. It is worth noting that there is a big presence of women in charitable and social organizations and institutions, while the situation is different in political parties and trade unions.
5– Is there interference in associations’ freedom in deciding upon what projects an activities to pursue? If the answer is yes, how does this interference happen and why does it happen?
The minister or his/her representative have the authority to visit any association or social institution and inspect its records and documents to insure that its funds are being spent appropriately, and to insure in general that it is doing its work according to the law, and that it abides by its goals and cooperates with the ministry.
6- Are there any restrictions on associations’ right to hold meetings freely, whether public or private meetings, or the right to travel, including traveling abroad?
Associations can hold their meetings in their headquarters and centers without obtaining permission or even informing the authorities, but they need to inform the governor and obtain his\her written approval when organizing any activity outside their headquarters and centers.
7- Do associations undergo special restrictions on their communications (especially freedom to communicate with the media, publishers, and websites)?
There are no special restrictions on freedom of communications or on dealing with the media or publishers or the internet, unless there is a breach of the law. There is not a flagrant interference in associations’ activities and projects as long as they abide by the goals stipulated in their statutes.
However, Article 4 of the new law for combating terrorism stipulates that “if there is a suspicion that an individual has connections with terrorist activities” the prosecutor of the state security court is authorized to “issue any of the following decisions: impose surveillance at the suspect’s place of residence, his movements, communications, prevent him from traveling, search places he frequents, seize any materials connected to terrorist activities, and seize any funds that may be connected to terrorist activities for three months. The state security court can extend this for a similar period, if the suspicion justify such measures.”
8- Are associations’ freedom in dealing and cooperating with other associations restricted?
No, there are no legal provisions restricting that, and the last few years has witnessed the creation of many networks and alliances. However, most of those networks are temporary and they end when the goal or the mission of the network is accomplished.11
9- Do associations get consulted when decisions related to public interest are taken? What kind of consultations are they?
The government consults some associations and institutions when it makes decisions related to public interest, and asks them to write the state reports related to its obligations under human rights international agreements.12 However, the government enacts the laws without consulting civil society in most cases.13 Some people think that the government’s refusal to deal with rights organizations stems from the accusations leveled against human rights organizations that they work in accordance with outside agendas, that they are influenced by foreign governments, and that their reports are not “objective”.14
10- Are there effective ways for appeal?
Association members have the right to resort to the judiciary (the high court) to challenge the legality of general assembly elections, or to demand compensations for damages.
Article 4 of the combating terrorism law permits a suspect to object to these decisions [sic] before the same state security court within “three days from his notification” of these decisions. If this objection is rejected, or the prosecutor extends the period mentioned above, the suspect can appeal to the cassation court. The cassation court’s decisions are final.
Funding and financial issues
1- Are there restrictions on the right of associations to gain or own funds and assets?
The constitution defines special conditions in Article 3 paragraph 16 related to oversight of associations’ resources: “the law organizes the ways to establish associations and political parties and the oversight of their resources.” The law imposes many restrictions that limit associations’ rights to gain or own funds and assets.
2- Are there restrictions that limit associations’ rights in using assets that they have not declared?
Laws impose many restrictions that limit the associations’ right to use assets other than the assets they have declared. The law permits the minister to dissolve any association or social institution if he\she is convinced that the association has spent its funds on ways other than what they were designated for, or if the association has presented incorrect data to the official authority.
In addition, the new definition of terrorism according to Article 147/2 of the new penal code considers that terrorist conduct includes any conduct related to a bank transaction, in particular financial deposits in any Jordanian bank or financial institution or transferring moneys through them “if it is proven that the money is suspicious and related to terrorist activity.” Furthermore, the new anti terrorism law allows the government to monitor bank accounts belonging to associations and institutions. This law also penalizes the giving of donations to charity associations who are suspected of giving support to the legitimate resistance in Palestine, Lebanon, and Iraq. The government issued an order that requires trade unions to put their accounts and general budgets under the supervision of the accounting bureau, which allows the government to interfere with trade unions’ freedom in managing their financial affairs and their own resources.
3- Are there restrictions that limit the right to obtain foreign funding?
Because of the limited resources and capacities in Jordan, civil society organizations find themselves compelled to resort to international donors to obtain funding. The main donors are the United Nations agencies, the European Union, and some international organizations. The government does not restrict obtaining foreign funding as long as the beneficiary association provides documents to prove that funds are spent to implement its programs and activities.
4- To what extent do these restrictions get implemented?
There are no actual restrictions for association in receiving foreign funding as long as the funding is declared and established in agreements and contracts. However, actual restrictions are imposed on political parties, especially opposition parties for which the government persists in monitoring their accounts and funding resources through inspection visits that are allowed by law.
5- Do associations enjoy any financial privileges? To what extent?
Associations do not enjoy any financial privileges because of the limited resources and the limited funding from the government to civil society associations. The only source of funding for the associations is foreign funds.
6- Do associations have a right to benefit from public funds? How? Do these procedures cause any kind of discrimination?
The Ministry of Development of Management decided that funding for civil society organizations should go through its ministry. According to this plan, donor states provide funds to the ministry which in turn distributes them to projects managed by organizations and institutions after they fill special applications to the ministry. But the ministry does not adhere to fair criteria in distributing the funds, and it can give or hold funds according to its own criteria. This situation has led many organizations to go directly to donors for funds and to refrain from applying for funds from the ministry.
Monitoring, good governance, and transparency
1- Which authorities are empowered to monitor associations? Are the practices of these authorities consistent with principles of freedom (like Article 16 of IDHR)?
According to Article 14 of the law of associations and social institutions, the minister is charged with supervising charity associations, social institutions, and the different kinds of unions. The minister of culture and youth is charged with supervising sport clubs and cultural institutions. The minister or his representative maintains a record for all registered associations that contains their names, the scope of their activities, their aims, and any other information deemed necessary.
The competent minister is the authority empowered to monitor associations. The minister is empowered to dissolve any association, after consulting with the relevant authorities, if the association violates the law.
2- Is it possible for the public to view the financial records or other information related to associations?
The law stipulates that the general assembly of any association has the right to review financial and administration reports of their association. The managing boards are required to prepare these reports and distribute them to the general assembly. Hence, financial records of associations must be declared and available to the public.
3- What are the penalties (especially in the penal law) and the procedures when a violation happens?
The law of associations and social institutions imposes incarceration penalties on associations’ members who commit violations, which is not consistent with the provisions of the Freedom of Association Declaration in the Arab States that stipulates that it is not permissible to impose criminal penalties on the civil work of associations or their members.
1For example: The Arab Organization for Human Rights, the Jordanian Organization for Human Rights, the Jordanian association for Human Rights, al-Qanoun Center for Human Rights, Amman Center for Human Rights Studies, Adalah Center, the Center for Development and the Rule of Law, etc.
2 The National Committee for Women’s Affairs, the Federation of Women’s Committees, the Union of Jordanian Women, Sisterhood is Global Institute/Jordan, the Jordanian Committee for the Protection of Domestic Violence Victims, Center for Legal and Social Counseling for Women in Zarka.Back
3The Union of Jordanian Women, which provides the “Children Hospitability House” program, Coast Quest Association, etc.
4 League of Jordanian Writers (1974), League of Theatre (1977), League of Artists (1977), Pen Club, Abd El-Hamid Shouman Institution, etc.
5 Environmental Protection Committee, the National Association for the Environment and Wild Life, the National Association for Combating Desertification, etc.
6 The Counsel of Islamic Associations. Christian associations work within sectarian framework.
7 All human rights organizations work to accomplish general and special goals. The main general goals are raising awareness and promoting the culture of human rights, providing guidance and legal services in general, and amending national legislations to comply with international standards. While special goals follow the particular interest of the individual organizations, some of them are concerned with human rights educations, others are concerned with documenting human rights violations and addressing authorities to lift those violations or mitigate them, and defending the rights of victims. Some organizations are specialized in producing annual reports about the human right situation in the kingdom. The main organizations that produce such reports are the Arab Organization for Human Rights, the Jordanian Organization for Human Rights, and the National Center for Human Rights. Back to text
8 Ali Al-Balawnah, “Civil Society Associations’ Role in comprehensive development”, Directorate of research and Polls.
9 Like, Nour Al-Husain Foundation, the National counsel for family affairs, the National committee for women affairs, King Abdullah Fund for Development, the High counsel for Citizens. Back to text
10 Court of cassation ruling number 240\1991. Back to text
11 Ali Khawaldeh, “Establishing Networks and Alliances in Jordan: The Challenges and Mechanisms for reinvigorating” , a paper presented at a workshop entitled “Arab Reformists and Building Networks and Alliances”, organized by Al-Quds Center for Political Studies, 24-25 March 2007.
12 Like reports submitted to the CEDAW committee, or the Right of the Child Committee.
13 Especially in political and economical affairs, like the law of political parties, or the general elections, cases of human rights violations, and the income tax law.
14 As-Sabil weekly, 27/7/2004. Back to text
Ghosun Rahhal
"The situation of freedom of association in Jordan is not promising especially under the current “anti- terrorist” policy..." Read the interview
