Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/JORDAN.TXT

Text File | 1996-01-05 | 31KB | 620 lines

TITLE:  JORDAN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                           JORDAN


The Hashemite Kingdom of Jordan is a monarchy.  Its
Constitution concentrates a high degree of executive and
legislative authority in the King, who determines domestic and
foreign policy.  The Prime Minister and Cabinet manage the
daily affairs of government.  The Parliament, which consists of
a 40-member Senate appointed by the King, and an 80-member
Chamber of Deputies elected by the people, is relatively weak
and not an effective check on executive authority.

The General Intelligence Directorate (GID) and the Public
Security Directorate (PSD) share responsibility for maintaining
internal security and have broad authority to monitor the
activities of persons believed to be security risks.  They
continue to be implicated in human rights abuses.  The
Government revoked martial law in 1991, but important aspects
of martial law remain, such as broad police powers.

Jordan has a mixed economy with significant government
participation in industry, transportation, and communications.
Jordan has few natural resources and is financially dependent
on foreign assistance and remittances from Jordanian nationals
working abroad.  Because of the Government's policies during
the Gulf War, Arab countries in the Gulf discontinued financial
aid.  The economy has been buffeted by high unemployment and
inflation, and a sharp reduction of exports to Iraq due to
United Nations sanctions.

Human rights abuses include arbitrary arrest; mistreatment of
detainees; prolonged detention without charge; lack of due
process; official discrimination against adherents of the
Baha'i faith; and restrictions on women's rights.  Citizens do
not have the right to change their form of government, although
in recent years, the King has taken some steps to increase
participation in the political system.  In 1992 the Government
legalized the establishment of political parties and has
licensed 23 parties to date.  The parliamentary elections held
in 1993 were free and fair.  Voters may elect municipal
officials and the lower house of Parliament, but overall
decisionmaking authority remains with the King.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including
          Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or extrajudicial killings.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

Although the Legal Code guarantees prisoners the right to
humane treatment, security forces continue to abuse detainees
physically during interrogation.  Torture allegations are
difficult to verify because security officials frequently deny
detainees timely access to lawyers.  The most frequent alleged
methods of torture include sleep deprivation, beatings on the
soles of the feet, and extended solitary confinement.

Defense lawyers for 25 Islamists, called the "Arab Afghans" who
were tried in a military court for "attempting to destabilize
the country," claimed that security officers tortured their
clients during pretrial detention from January to August 1994,
and that their clients confessed under "duress".  The court
questioned each defendant about allegations of mistreatment.  A
number said that security officials had "hit" them but were
unable to identify them.  The Court permitted doctors to
testify about the defendants' physical condition.  However, the
doctors were not able to examine the defendants until months
after the alleged beatings, and were unable to determine the
cause of the defendants' injuries.

     d.  Arbitrary Arrest, Detention, or Exile

The Criminal Code requires legal authorities to file formal
charges within 10 days of arrest.  The courts routinely grant
prosecutors' requests for 15-day extentions of detention as
provided by law, thereby extending the period of pretrial
detention.  If a suspect is detained for a long period, which
generally happens only in state security cases, the authorities
often do not provide defendants with the written charges against them
or access to legal counsel until shortly before
trial.

In 1994 the police arrested approximately 70 Islamists as
suspected security risks, including 40 in a roundup in the
northern city of Salt.

The Constitution prohibits exile, and the Government does not
resort to it.

     e.  Denial of Fair Public Trial

Defendants are sometimes denied the right to fair trial in
state security cases.  The judicial system consists of civilian
courts, which hear most criminal cases; the Appeals Courts
(including the Court of Cassation); the Supreme Court; the
State Security Court, which hears a range of offenses including
sedition, armed insurrection, financial crimes and drug-related
offenses; religious courts; and special courts, including one
that has jurisdiction in disputes with government agencies.

In the civilian courts, most 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.

Islamic, or Shari'a, Courts have jurisdiction over marriage and
divorce among Muslims and inheritance cases involving both
Muslims and non-Muslims (see Section 5).

Panels of three judges, who may be either civilian or military
judges, hear trials in the State Security Court.  Currently,
only military judges are assigned to the Court.  Although
trials in the State Security Court are open to the public, in
practice the Court has restricted the attendance of
journalists, family members of the defendants, and diplomatic
observers.

Authorities hold defendants tried in the State Security Court
for extended periods in pretrial detention without access to a
lawyer.  Defense attorneys in the Arab Afghan case complained
that the Court did not give them sufficient time to prepare a
defense because they were prevented from meeting with their
clients until 2 days before the opening of the trial (see below
and Section 1.c.).  However, the Government permitted
representatives of the International Committee of the Red Cross
(ICRC) to visit the defendants while they were in pretrial
detention.  Although State Security Court judges inquire into
allegations of torture and permit the testimony of physicians
regarding these allegations, the Court has not to date
invalidated a defendant's confession because it was obtained
under torture or duress.

Defendants in the State Security Court have the right of appeal
to the Court of Cassation, which is authorized to review the
testimony, evidence, and judgment.  These appeal procedures are
being tested in the "Mu'tah" and Arab Afghan cases.  In the
Mu'tah case, which was tried from September to December 1993,
the State Security Court found all 10 defendants guilty of
plotting to assassinate the King.  It sentenced the ringleader
to death, two other defendants to life imprisonment, and the
remaining seven to long periods of hard labor.  The Court of
Cassation was reviewing the case at year's end.

The State Security Court began the trial of the Arab Afghans on
August 27 and handed down verdicts on December 21.  The Court
sentenced 11 defendants to death by hanging, 7 to various
prison terms with hard labor, and acquitted the remaining 7
defendants of all charges.  It sentenced three defendants in
abstentia.  The verdicts were in appeal before the Court of
Cassation at year's end.

The Government does not detain political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The police must obtain a warrant from the Prosecutor General or
a judge before conducting searches in most cases.  However, in
security cases, authorities sometimes, and in violation of the
law, obtain warrants retroactively or obtain preapproved
warrants.  Security officers reportedly monitor telephones,
read correspondence, and engage in surveillance of persons that
allegedly pose a threat to the regime.  While these practices
are not believed to be widespread, the law permits them if the
Government obtains a court order.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for the freedoms of speech and the
press, and citizens in general openly criticize the
Government.  However, the Press and Publications Law of 1993
restricts coverage of 10 subjects, most notably the military
services, the royal family, and monetary policy.

The Government exercises control over the print media by
requiring licenses for newspapers and periodicals.  However,
the Press and Publications Law of 1993 restricts coverage of 10
subjects, most notably the military services, the royal family,
and monetary policy.  However, the law does not prescribe
penalties for publishing without a license, and no such case
has yet arisen.  The Government may revoke a license only if a
company fails to publish for an extended period of time.  The
law eased licensing requirements.  Since enactment, the
Government has licensed 12 weeklies, 2 dailies, and 4 research
centers.  The Government requires licenses for journalists,
editors, and publishers.  Journalists have long complained
about the requirement that they must join the
government-sponsored Jordan Press Association.  However, the
Government has not taken legal action against journalists who
refuse to join the Association.  The press law offers limited
protection for the confidentiality of a journalist's sources.

The Penal Code authorizes the State to take legal action
against any person who incites violence, defames "heads of
state," disseminates "false or exaggerated information outside
the country which attacks state dignity," or defames public
officials.

Although the press law ended censorship, most journalists
censor themselves.  Journalists accused of violating the law
are tried in a special court for press and copyright cases.
Approximately 30 cases relating to freedom of the press were
pending in that court as of November.

In May a journalist and an editor of the daily English-language
Jordan Times were fined JD 300 (approximately dollars 430) for
reporting that defendants in the Mu'tah trial claimed that
security officers had tortured them while in detention.  In
June the former editor and a journalist of the weekly Al-Ahali
were also fined the same amount for reporting the same
allegations.  The defendants in both cases have appealed.

The Government does not usually interfere with the importation
of foreign newspapers and magazines.  However, in 1994 the
Ministry of Information prevented the entry into Jordan of some
Arab publications, including a Lebanese periodical which was
embargoed twice, purportedly for containing material regarded
as morally offensive or critical of the royal family.

In March the Minister of Information announced that, if asked,
he would not permit the public screening of the American film,
"Schindler's List."  Movie distributors did not request such
permission, and the film was not shown.  However, the film is
available in pirated videocassette format.  The Government has
not taken steps to seize copies or otherwise block distribution
of the tape.  The government-appointed Film Censorship Council
prohibited showings of the Egyptian film, "The Terrorist," on
grounds that it might encourage extremist violence.

The Government owns the radio and television companies, and
radio and television news is more restricted than print media.
Television news airs criticisms of the Government but rarely
covers alleged human rights abuses.  All political parties
generally have access to broadcast facilities, but the cost of
air time is prohibitively high.  In the 1993 elections, the
Government determined that no party would be given access to
television because not all parties could afford the expense.
International cable television programs are widely available by
satellite from local vendors.

In the past, some leftist and Islamist university professors
were dismissed for advocating extremist political views.
Although there have been no known dismissals since the late
1980's, intellectuals believe that there are no safeguards to
prevent future dismissals.

     b.  Freedom of Peaceful Assembly and Association

Citizens must obtain permits for any public gatherings.  The
Government has granted permits for peaceful demonstrations
since 1989.  The Government routinely licenses political
parties and to date has licensed 23 parties.  It is illegal to
participate in an unlicensed party.  The High Court of Justice
may dissolve a party on application of the Minister of Interior
if the party violates the Constitution or the political
parties' law.  The Government has no discretion to deny a
license to a party that submits a complete application,
including names of the founders, financial information, and
bylaws.

     c.  Freedom of Religion

According to the Constitution, Islam is the state religion.
Sunni Muslims constitute over 90 percent of the population.
The Government does not interfere with the public worship of
Jordan's Christian minority.  The Government does not recognize
the Baha'i faith as a religion but does not prohibit the
practice of the faith.

The law prohibits non-Muslims from proselytizing.  Muslims who
convert to other faiths complain of social and government
discrimination.  The Government does not fully recognize the
legality of such conversions.  Under Islamic law, converts are
regarded as apostates and may, in principle, be legally denied
their property and other rights, although this does not
happen.  Converts from Islam do not fall under the jurisdiction
of their new religion's laws in matters of personal status and
are still considered Muslims under Shari'a law.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens are free to travel abroad and within Jordan, except in
and through military areas.  The law requires that Jordanian
women and foreign women married to Jordanians must obtain
written permission from a male guardian to travel abroad or
apply for a passport.  This requirement is normally enforced
only when a married woman plans to travel abroad with
children.  Legal authorities will enforce requests from fathers
to prevent their children from departing the country, even when
traveling with their mothers.

Many Palestinian residents are Jordanian citizens--with all the
rights of citizenship.  The Government authorizes other
Palestinians to carry Jordanian travel documents.  Palestinians
must obtain permits from the Ministry of Interior for travel
between the East Bank and the Israeli-occupied territories and
neighboring states.  The permits are routinely granted.  In May
the Government eased travel restrictions on Palestinians,
allowing residents of the Occupied Territories to enjoy
unlimited residence and travel in Jordan.

Over 1.2 million Palestinian refugees are registered with the
United Nations Relief and Works Agency.  The Government
cooperates with the United Nations High Commissioner for
Refugees in assisting refugees.  There have been no reports
that the Government has expelled anyone with a valid claim to
refugee status.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens do not have any meaningful ability to change their
system of government given that executive and legislative
powers are concentrated in the hands of the King.  He has sole
discretionary authority to form and dismiss the Cabinet,
dissolve Parliament, and to establish the broad parameters of
public policy.  Appointments made by the King to high
Government posts do not require legislative approval.  The
Prime Minister and the Cabinet have limited policymaking powers.

The Parliament is composed of a Senate appointed by the King
and a Chamber of Deputies elected by the people.  Of the 80
seats in the Chamber, 9 are reserved for Christians, 6 for
bedouins, and 3 for Circassians or Chechens, which are ethnic
minorities.  The Parliament is empowered to approve, reject, or
amend legislation proposed by the Cabinet.  In practice,
Members of Parliament ask the Government to submit specific
legislation for consideration.  The King may propose
extraordinary sessions of Parliament and may postpone regular
sessions up to 60 days.  The King must approve by decree all
laws passed by Parliament.  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.

At year's end, 6 of 31 ministers and 11 of 80 parliamentarians
are of Palestinian descent.  This representation is in large
part the result of an electoral system which gives greater
representation to south Jordan, which has few inhabitants of
Palestinian origin.  Women have the right to vote.  Three women
ran for Parliament in the 1993 election; one was was elected to
a seat reserved for Circassians.  Women's groups encouraged
women to vote, and in the Amman area, nearly half of those who
voted were women.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Local and international human rights groups investigate
allegations of human rights abuses and have published and
disseminated findings critical of government policy.  However,
the press and publications law restricts the publication of
information about the military and security services, which, in
effect, prevents the publication of torture reports and other
abuses allegedly committed by the security services.

The Arab Organization for Human Rights and the Amman-based
Peace Center for Humanitarian Studies are registered with the
Government and have raised human rights cases in public and in
private with government officials.  Both organizations have
drawn public attention to alleged human rights abuses and have
pressed the Government to explain the status of some prisoners
and to charge or release the prisoners promptly.  The Bar
Association also raises human rights concerns regarding the
application of the law and due process.  The Government grants
the ICRC access to detainees and prison facilities.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Women experience legal discrimination in matters of pension and
social security benefits, inheritance, divorce, and the value
of testimony in court (see Section 1.e.).  Under Islamic law,
or Shari'a, female heirs receive half the amount of a male
heir's inheritance, while the non-Muslim widows of Muslim
spouses have no inheritance rights.  A sole female heir
receives half her parents' estate; the balance goes to
designated male relatives.  A sole male heir inherits all his
parents' property.  Male Muslim heirs have the duty to provide
for all family members who need assistance.  Under Shari'a law,
the testimony of two women is required to equal the testimony
of one man.  This technically applies only in religious courts
but is sometimes imposed in civil courts as well, irrespective
of religion.  Men are able to obtain divorce more easily than
women under Islamic law.  Marriage and divorce matters for
Christians are adjudicated by special courts for each
denomination.

The Government provides males with more generous social
security benefits than those for women.  The Government
continues pension payments of a deceased male civil servant to
his heirs, but it discontinues the pension payments of a
deceased female civil servant.

By law, a married woman requires her husband's permission to
obtain a passport.  Married women do not have the legal right
to confer citizenship on their children.  However, they may
confer citizenship on their non-Jordanian husbands who then may
obtain citizenship for the children.  Civil law grants women
equal pay for equal work, but in practice this law is sometimes
ignored.

Social pressure against women pursuing a career is strong.
Nonetheless, women have employment opportunities in many
professions, including engineering, medicine, education, and
law.  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
gives seminars on women's rights and assists women in
establishing small businesses.

Medical experts acknowledge that spousal violence against women
occurs.  Cultural norms constrain victims from seeking medical
or legal help and frustrate a scientific assessment of the
extent of the abuse.  Abused women have the right to file a
complaint in court against their spouses, but in practice,
familial and societal pressures discourage them from seeking
legal remedies.  Nongovernmental organizations provide
assistance to victims of domestic violence.  Wife beating is
technically grounds for divorce, but the husband may seek to
demonstrate in court that the beating occurred because the wife
was irreligious or did not obey him.  This defense stems from a
Koranic injunction to hit an irreligious or disobedient wife,
not to injure her but to show her the error of her ways.  It is
within the discretion of a Shari'a Court judge to deny a
divorce in such cases.

The Criminal Code stipulates a sentence of 1 year for persons
found guilty of committing a "crime of honor"--which is the
murder of a female, usually by a male relative, for alleged
sexual misconduct.  Even if the defense cannot meet the
stringent condition to plead a crime of honor defense--the
defendant must have witnessed the female victim engaging in
intercourse--offenders rarely spend more than six months to two
years in prison.  By contrast, the penalty for murder is 15
years.  Women may not invoke the crime of honor defense for
murdering a male relative under the same circumstances.  The
law restricts a crime of honor to "he who surprises his wife or
any close female relative committing adultery."

     Children

Although the law prohibits children under the age of 16 from
working, child street peddlers may be observed on the streets
of Amman.  The Ministry of Social Development has a committee
to address the problem and in most cases removes the children
from the streets, returns them to their families, and provides
the families with a monthly stipend.  Corporal punishment in
schools is prohibited.  Although social workers say there is a
significant incidence of child abuse within families, the
problem is difficult to quantify.

     National/Racial/Ethnic Minorities

The Government has granted full citizenship to all Palestinians
who fled to Jordan in the period after the 1948 Arab-Israeli
war and to a large number of refugees who arrived after the
1967 war.  However, refugees who fled Gaza after 1967 are not
entitled to citizenship and are issued only limited-validity
passports.

Palestinians suffer disproportionate scrutiny in taxation and
discrimination in the award of university scholarships and
appointments to senior positions in the Government and the
military.

     Religious Minorities

The Government does not recognize the Baha'i faith as a
religion.  It does not record the religion on national identity
cards issued to Baha'is, nor does it register property
belonging to the community.  Unlike Christian denominations,
the Baha'i community does not have its own court to adjudicate
personal status and family matters.  Baha'i personal status
matters are heard in Islamic law courts.

The Government does not officially recognize the Jehovah's
Witnesses, the United Pentecostal Church, the Church of Christ,
and the Church of Jesus Christ of Latter-Day Saints, but they
conduct their activities without harassment.

Established religions require official government recognition
in order to register property in the name of the church, but
members may practice their religion without government
recognition.  In general, Christians do not suffer
discrimination.  Christians hold cabinet and other government
positions and are represented in the media and academia
approximately in proportion to their presence in the general
population.  In the military, Circassians are overrepresented
in certain units.  Christian and Baha'i schoolchildren in
public schools are not required to participate in Islamic
religious instruction.

     People with Disabilities

The Government passed legislation in 1993 requiring future
public buildings to accommodate the needs of the disabled and
the retrofitting of existing public buildings, but
implementation has been slow.  High unemployment in the general
population restricts job opportunities for the disabled.
Private organizations and members of the royal family actively
promote programs to educate and rehabilitate the disabled.

Section 6  Worker Rights

     a.  The Right of Association

Workers in the private sector and in some state-owned companies
have the right to establish and join unions.  Unions must be
registered to be considered legal.  The law prohibits union
membership for noncitizens.  About 25 percent of the work force
is organized into 17 unions.  Although union membership in the
Jordan Federation of Trade Unions (JFTU), the sole trade
federation, is not mandatory, all unions belong it.  The
Government subsidizes and audits the JFTU's salaries and
activities.  Union officials are elected by secret ballot to
2-year terms.  Although the Government co-sponsors and approves
the timing of these elections, it does not interfere in the
choice of candidates.  Unions may not affiliate with
international bodies.

Labor laws prohibit strikes 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.  If
only one party agrees, the Ministry of Labor refers the dispute
to the Council of Ministers and then to Parliament.  The
tribunal is an independent arbitration panel of judges
appointed by the Ministry of Labor.  The decisions of the panel
are legally binding.  Labor law prohibits employers from
dismissing a worker during a labor dispute.  There were no
known strikes in 1994.

     b.  The Right to Organize and Bargain Collectively

Unions have, and exercise, the right to bargain collectively.
The Constitution prohibits antiunion discrimination, but the
International Confederation of Free Trade Unions claims that
the Government does not adequately protect employees from
antiunion discrimination, and that the Government has dismissed
public-sector employees for political reasons.  Workers may
lodge complaints about antiunion discrimination with the
Ministry of Labor, which is authorized to order the
reinstatement of employees discharged for union activities.
The Ministry has done so in three out of eight cases in 1993-94.

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.  Compulsory labor is
not practiced.

     d.  Minimum Age for Employment of Children

Labor law forbids children under the age 16 from working except
as apprentices, beginning part-time training--6 hours a day, no
night shift--at age 13.  Ministry of Labor inspectors attempt
to enforce the law on child labor, but in practice the
enforcement often does not extend to some small family
businesses which employ underage children.  Education is
compulsory to age 15.  Families in remote areas frequently keep
some school age children at home to work.

     e.  Acceptable Conditions of Work

There is no national minimum wage.  The Government periodically
adjusts a minimum wage schedule for various trades, based on
recommendations of an advisory panel representing workers,
employers, and the Government.  The lowest minimum wage rate on
the schedule is about $140 a month, including allowances.
Workers earning the lowest wage find it difficult to stay above
the poverty level, which the Government estimates at a monthly
wage of about $86 per month for a family of three.

The law prohibits most workers from working more than the
customary 48 hours a week--54 hours for hotel, restaurant, and
cinema employees.  Workers may not work more than 16 hours in
any continuous period or more than 60 hours' overtime per
month.  Employees are entitled to 1 day off each week.  The law
does not apply to domestic servants, who do not have a legal
forum to address their labor grievances.  Domestic servants,
almost all of whom are foreigners, have no standing to sue in
court for nonpayment of wages.

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 makes an effort to enforce health and safety
requirements, but is hampered by the lack of qualified
inspectors.  The inspectors do not have the power to order
firms to comply with health and safety standards.  The law does
not require employers to report industrial accidents or
occupational diseases to the Ministry of Labor.