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Recommendations

Freedom of Association in JORDAN

RECOMMENDATIONS

We call upon the Jordanian authorities to:
 
             1 - With regard to the political, democratic and human rights situation
  • Act in conformity with the provisions of the International Covenant on Civil and Political Rights and the norms and principles set forth in the other international instruments on human rights ratified by Jordan, and to take into account the relevant jurisprudence of the United Nations Committee on Human Rights;
  • Repeal the law on fighting against terrorism as it is not in conformity with the Constitution and the human rights international standards and principles;
  •  Raise awareness and promote training on human rights principle amongst civil servants (incl. government and civil servants and members of the security forces);
  • Strengthen the role and the independence of the judiciary in order to allow it to deal in an independent, impartially and fair manner with cases related to human rights and, more generally, with cases related to civil society activities;
  • Eliminate all forms of discrimination based on gender, race, language, religion, political opinions, sexual orientation or minority status when dealing with civil society organizations. Create an appropriate complaint mechanism.
         2 - With regard to the legislation and practice relating to civil society organizations
 
  • Lift the ban on several professional groups, including civil servants and teachers, and on university students to freely establish and become members of professional organizations;
  • Upgrade the Jordanian legislation and practice in order to bring them into conformity with the international standards related to freedom of association and for that purpose modify the Law on associations and social entities, the Law on public meetings and the Law on fighting terrorism as follows :

Establishment and registration

  • Abolish both the requirement of a prior authorization by the minister for registration and the prior consultation of the district Governor by the minister;
  • Simplify the requirements for establishing an association, including by reducing to two the required number of founders.

Dissolution and suspension

  • Assign exclusive competence to dissolve or suspend an association to judicial courts;
  • Guarantee the right to an effective judicial recourse, with suspensive effect and within a reasonable period, in case of a dissolution or suspension decision pronounced by the authorities.

Structure and activities

  • Allow all organizations to freely adopt and modify their statutes;
  • Abolish the requirement of informing in advance the authorities of upcoming meetings of the organization’s elective bodies and therefore the possibility for the minister to send a representative to these meetings; in any case amend the legislation so that the attendance of the ministry’s representative is optional and cannot affect the validity of the decisions made by the organization’s elective bodies;
  • Abolish the required authorization of the administrative authorities for any out door activities or any public meetings or event;
  • Allow Jordanian civil society organizations to form national, regional and international coalitions and to affiliate with international bodies without permission of the minister.

Funding and financial issues

  • Abolish all remaining restrictions regarding access to foreign funding for civil society organizations;
  • Allocate part of the public funds to support the programs and projects run by civil society organizations;
  • Exempt civil society organizations from taxes and customs duties;
  • Ensure that funds of associations can be frozen or seized only on the basis of a final judicial ruling.

Monitoring, good governance and transparency

  • Repeal all legal provisions allowing for criminal proceedings, which may lead in some cases to imprisonment, in relation to civil activities of the organizations or their members.
 
       3 - Concerning the environment required for a sustainable development of the civil society
  • Put an end to the “security mentality” when dealing with civil society organizations in general and human rights organizations in particular;
  • Allow and formalize the participation of civil society organizations in the decision-making processes regarding public policies.