JORDAN
The Hashemite Kingdom of Jordan is a constitutional monarchy ruled by King
Abdullah II bin Hussein, with a population of six million. The constitution
concentrates executive and legislative authority in the king. The multiparty
parliament consists of the 55-member House of Notables (Majlis al-Ayan),
appointed by the king, and a 120-member elected lower house, the Chamber of
Deputies (Majlis al-Nuwwab). Parliamentary elections, which international
observers deemed credible, were held on November 9 after the king dissolved
parliament in November 2009. Security forces reported to civilian authorities.
There were limitations on the right of citizens to change their government
peacefully, and a newly drafted electoral law perpetuated the significant
underrepresentation of urban areas and citizens of Palestinian origin in leadership
positions. Domestic and international nongovernmental organizations (NGOs)
reported cases of arbitrary deprivation of life, torture, poor prison conditions,
impunity, arbitrary arrest and denial of due process through administrative
detention, prolonged detention, and external interference in judicial decisions.
Citizens continued to describe infringements on their privacy rights. Restrictive
legislation and regulations limited freedoms of speech and press, and government
interference in the media and threats of fines and detention further encouraged self-
censorship, according to journalists and human rights organizations. The
government also continued to restrict freedoms of assembly and association. Legal
and societal discrimination and harassment remained a problem for women,
religious minorities, converts from Islam, members of the lesbian, gay, bisexual,
and transgender (LGBT) community, and some persons of Palestinian origin.
Local human rights organizations reported widespread violence against women and
children. The government restricted labor rights, and local and international human
rights organizations reported high levels of abuse of foreign domestic workers.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports during the year that the government or its agents committed
unlawful killings.
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In November 2009 Saddam al-Saoud died of injuries allegedly sustained in police
custody at the Al Hussein Police Station. Saoud's family said Public Security
Directorate (PSD) officers caused Saoud's injuries when they hit him on the head
with a gun. At year's end, felony cases against six PSD officers remained pending.
Also in November 2009 Fakhri Kreishan died of injuries sustained during an
altercation with police two days earlier in the southern city of Ma'an. A police
officer reportedly hit him on the head with a baton. At year’s end, the felony case
against the officer was pending.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits such practices; however, international NGOs continued to report
incidences of torture and widespread mistreatment in police and security detention
centers. Article 208 of the penal code prohibits torture by public officials,
including psychological harm, and provides penalties of as long as three years'
imprisonment for the use of torture, with an increased penalty of up to 15 years if
serious injury occurs. Human rights lawyers found the law ambiguous and
supported amendments to better define "torture" and strengthen sentencing
guidelines. The government has not charged an individual under article 208.
Local and international NGOs criticized the use of special police prosecutors and
courts to try PSD personnel accused of torture and police misconduct as ineffective
and not transparent. As part of the 2009 reform process, the government gave
civilian prosecutors authority to assist in the investigation of torture allegations,
even though such cases were tried in a police court.
International and domestic organizations stated that security forces continued to
practice torture, particularly in police stations; however, observers commented that
allegations of torture in prisons decreased during the year. On May 14, as part of
its periodic review process, the UN Committee against Torture expressed "deep
concern" at "the numerous, consistent, and credible allegations of a widespread and
routine practice of torture and ill-treatment of detainees in detention facilities and
that such allegations were seldom investigated or prosecuted." A August 30
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National Center for Human Rights (NCHR) report on prisons and police detention
centers cited 33 complaints of mistreatment in detention centers and three
complaints from prison inmates between January 1 and June 30. The NCHR report
also commented on individual violations perpetrated by law enforcement staff in
some police stations and observed that several forms of torture were practiced
against the defendants and detainees. A report issued in January by the
international NGO Human Rights Watch (HRW) also noted that torture continued
to be practiced in the country's prisons and police stations. HRW claimed that the
reform program does not address accountability for abuses and that initiatives by
the NCHR and other groups were "far from sufficient considering the lack of both
political will and effective mechanisms to bring perpetrators to justice."
On March 1, members of the Criminal Investigation Unit with the Public Security
Directorate in Irbid reportedly arrested Sayed Mahmoud Hamed Talafha on
allegations of attempted robbery and beat him severely in custody. Officers
reportedly struck him on the right leg where he had metal pins from a previous
operation, hung him by the wrists to the back of a door, and pierced one wrist with
a drill. The PSD spokesperson claimed that Talafha inflicted the wounds himself.
According to his lawyer, on March 2, he had emergency surgery to repair his hand.
The general prosecutor dropped the charges against Talafha on November 13, but
he remained in administrative detention on the Maffraq governor's order. Talafha
was released from administrative detention on December 2.
In 2008 the director of the Sahab Police Station, a police officer of the Criminal
Investigations Department, and the director of public security allegedly tortured
and mistreated an individual known only as Raad. On March 22, Raad reportedly
filed a civil case in the amount of 7,000 dinars ($10,000) for psychological,
physical, and moral damages resulting from torture, beatings, and other forms of
cruel, inhuman, and degrading treatment at Sahab prison facility. Additionally he
claimed the defendants forced him to remove his clothes, leaving him naked, and
used an electric baton on him. Also in 2008 an individual known only as Wasfi,
together with the directors of North Marka Security Center and the director of
public security, allegedly beat and insulted an individual known only as Dawood.
On March 10, Dawood filed a civil case for psychological, physical and moral
damages resulting from torture and cruel and degrading treatment. Both cases were
pending at year's end.
Prison and Detention Center Conditions
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Significant problems remained in prisons, including poor legal services,
understaffing, inadequate food and health care, poor sanitation standards, poor
ventilation, extreme temperatures, inadequate access to potable water, ineffective
prerelease and postrelease programs, and insufficient basic and emergency medical
care. Some detainees reported abuse and mistreatment by guards during the year.
Hunger strikes remained common, but prison riots and allegations of mistreatment
reportedly decreased. Prisoners filed complaints of poor prison conditions with the
PSD and the NCHR. The construction of four prisons during the year alleviated
overcrowding to some extent.
On July 19, a Web site published a report detailing stories of government
authorities physically and verbally abusing children in government-run juvenile
detention centers. In response to the allegations, the Ministry of Social
Development (MOSD) investigated these claims and concluded that there was no
evidence to support the children's claims; however, some local children's rights
activists noted that abuse occurred in some government-run juvenile detention
centers. In 2009 former and current residents and parents of children in several
ministry-operated juvenile rehabilitation centers and orphanages reported verbal
and physical abuse of children by supervisors. For example, parents of children in
an Irbid juvenile center and former residents of an orphanage in Madaba reported
physical abuse of children. At year's end, the government investigation remained
pending.
In November 2009 the Council of Ministers passed amendments placing stiffer
disciplinary measures, including salary deductions and termination, on civil
servants who used corporal punishment on children, including those in schools and
juvenile centers. However, authorities rarely used this punishment in practice.
The PSD reported that some prisoners went on hunger strikes during the year to
protest mistreatment, poor prison conditions, and a prisoner classification system
under which some prisoners had been moved to different wards or prisons based on
the type of crime, number of offenses, and other factors. The NCHR reported 205
prison strikes from January 1 to August 1.
In February 2009 the Institute of Forensic Medicine, a part of the Ministry of
Health, issued a report stating that prison clinic conditions were unsuitable and
deteriorating and that inmates did not have access to basic health services. The
report also criticized the lack of psychiatric treatment and follow-up care.
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According to government statistics, there were approximately 18,449 inmates in 14
correctional and rehabilitation center (CRC) facilities. The government generally
held men, women, and juveniles in separate prisons and detention facilities;
however, pretrial detainees were often held in the same detention facilities as
convicted prisoners. The General Intelligence Directorate (GID) held some persons
detained on national security charges in separate detention facilities. According to
the NCHR, GID detainees are generally held in solitary confinement and are not
allowed to meet unsupervised with visitors, including their lawyers. Islamist
prisoners in Jweidah were held in a separate wing and kept in small-group
isolation. International and domestic NGOs also reported that in some instances
Islamist prisoners faced harsher prison conditions than other inmates.
Prisoners and detainees had restricted access to visitors and were permitted
religious observance. Authorities permitted prisoners and detainees to submit
complaints to judicial authorities without censorship and to request investigation of
credible allegations of inhumane conditions. Authorities did not investigate
credible allegations of inhumane conditions. The government investigated and
monitored prison and detention center conditions.
The government permitted local and international human rights observers to visit
prisons and conduct private interviews. During the year the International
Committee of the Red Cross (ICRC) visited prisoners and detainees in all prisons,
including those controlled by the GID and the military intelligence directorate,
according to standard ICRC modalities. The Ombudsman's Bureau, a national
institution that receives complaints about federal agencies, is unable to serve on
behalf of prisoners to consider matters such as alternatives to incarceration,
although it is permitted to look into cases of inhumane treatment. The NCHR
conducted routine and unannounced prison inspections during the year, including
visits to GID facilities.
The government continued its large-scale, long-term prison reform to transfer CRC
management from the PSD to the Ministry of Justice. At year's end the government
had finished constructing four new CRCs with cells that meet international
standards, raising the number of prisons from 14 to 18.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention. According to local and
international human rights groups, the government did not always observe these
prohibitions in practice. In particular, the governors of the country's 12
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governorates continued to use the Crime Prevention Law to administratively detain
individuals without due process.
Role of the Police and Security Apparatus
The PSD controls general police functions. The PSD, GID, gendarmerie, Civil
Defense Directorate, and military share responsibility for maintaining internal
security. Members of the gendarmerie assist police in emergencies, provide
diplomatic security, and respond to riots, protests, and demonstrations. The Civil
Defense Directorate is responsible for public safety during natural disasters and
civil disturbances. The PSD and gendarmerie report to the minister of interior with
direct access to the king when necessary, and the GID in practice reports directly to
the king.
Civilian authorities maintained control over security forces. According to local and
international NGOs, the government did not thoroughly investigate and punish all
credible reports of corruption or abuse by security forces. The government used
mechanisms to investigate abuse and corruption, but there were wide-scale
allegations of impunity. Citizens may file complaints of police abuse or corruption
with the PSD's human rights office or with one of 50 police prosecutors stationed
throughout the country. Complaints of abuse and corruption by the gendarmerie
may be filed directly with the gendarmerie. A GID liaison officer receives
complaints against the GID and refers them to GID personnel for investigation.
Complaints against the PSD, gendarmerie, and GID may also be filed with the
NCHR or several other NGOs, such as the Arab Organization for Human Rights
(AOHR). The PSD's preventive security office is tasked with investigating
allegations of police corruption. The PSD and gendarmerie try their personnel
internally with their own courts, judges, and prosecutors, in a manner not
transparent to the public.
Allegations of torture and mistreatment continued, according to numerous credible
observers. During the year citizens filed 46 complaints, including allegations of
mistreatment against PSD personnel. NGOs noted that victims may be reluctant to
file formal complaints due to impunity within the police and security apparatus.
Arrest Procedures and Treatment While in Detention
The law allows suspects to be detained for up to 24 hours without a warrant in all
cases. The criminal code requires that police notify authorities within 24 hours of
an arrest and that authorities file formal charges within 15 days of an arrest.
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Human rights observers claimed that police continued to make arrests before
obtaining warrants and prosecutors did not file charges or seek extensions in a
timely manner. The period to file formal charges can be extended for as long as six
months for a felony and two months for a misdemeanor. Local NGOs stated that
prosecutors routinely requested extensions and judges granted them. This practice
generally lengthened pretrial detention for protracted periods. As of year's end,
approximately 800 persons were reportedly being held in prison without formal
charge. Bail is allowed under the penal code and used in some cases. Some
detainees reported not being allowed timely access to a lawyer, but authorities
generally permitted family member visits. Authorities appointed lawyers to
represent indigent defendants charged with felonies, although legal aid services
remained minimal. There were allegations of long periods of incommunicado
detention in GID facilities, and the UN Committee against Torture's May 14 report
expressed serious concern about the government's failure in practice to afford all
detainees, including detainees held in GID and PSD facilities, with "all
fundamental legal safeguards from the very outset of their detention," including the
right to notify a relative and to be informed of their rights and charges against them
at the time of detention.
The State Security Court gives judicial police, charged with conducting criminal
investigations, authority to arrest and keep persons in custody for 10 days. This
authority includes arrests for alleged misdemeanors. In cases purportedly involving
state security, the security forces arrested and detained citizens without warrants or
judicial review, held defendants in lengthy pretrial detention without informing
them of the charges against them, and did not allow defendants to meet with their
lawyers or permitted meetings only shortly before trial. Defendants before the
State Security Court usually met with their attorneys at the start of a trial or only
one or two days before. A case may be postponed for more than 48 hours only
under exceptional circumstances determined by the court. In practice, cases
routinely involved postponements of more than 10 days between sessions with
proceedings lasting for several months. In most cases the accused remained in
detention without bail during the proceedings. Several inmates were in detention
without charge at year's end.
Under the Crime Prevention Law, provincial governors may detain individuals
suspected of planning to commit a crime or those who allegedly shelter thieves,
habitually steal, or constitute a danger to the public, and in practice they used this
provision widely. Those accused are subject to imprisonment or house arrest as
"administrative detention" without formal charges. A detention order may be for as
long as one year, but governors can impose new orders to prolong detentions.
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During the year governors administratively detained 12,345 individuals. Several
international and national NGOs noted that governors routinely abused the law,
imprisoning individuals when there was not enough evidence to convict them and
prolonging detentions of prisoners whose sentences had expired. The law was also
widely used to incarcerate women at risk of being honor crime victims. The NCHR
and other human rights organizations called for the abolishment of the Crime
Prevention Law.
e. Denial of Fair Public Trial
The law provides for an independent judiciary; however, the judiciary's
independence in practice was compromised by allegations of nepotism and the
influence of special interests. Unlike the previous year, there were no reports of
interference by senior judges in junior judges' cases. The Judicial Council, a
committee led by the president of the Court of Cassation, is composed of other
high-ranking judges from various courts and the Ministry of Justice. The council
approves judicial appointments after initial nominations by the ministry, and it
assigns and evaluates judges. The executive branch, through the ministry, controls
most judicial functions, giving the government the ability to influence judicial
decisions. The Judicial Council continued to lack the internal capacity to
effectively manage judicial administrative and financial matters and therefore
lacked independence. Unlike the previous year, there were no allegations that the
former council's head reassigned judges or forced them to retire early for personal
instead of policy reasons.
Trial Procedures
The law presumes that defendants are innocent. All civilian court trials, including
state security court trials, are open to the public unless the court determines
otherwise. Juries are not used. Defendants are entitled to legal counsel, provided at
public expense for the indigent in cases involving the death penalty or potential life
imprisonment. In many cases defendants have no legal representation. In July 2009
the government passed an amendment that made court rulings legally binding
without the presence of the defendant if an attorney for the defendant is present.
Defendants could present witnesses on their behalf and question witnesses
presented against them. Defense attorneys were generally granted access to
government-held evidence relevant to their clients' cases. Defendants can appeal
verdicts; appeals are automatic for cases involving the death penalty. In the State
Security Court, defendants convicted of felonies have the right to appeal their
sentences to the Court of Cassation, which is authorized to review issues of both
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fact and law. All citizens were accorded these rights. Civil, criminal, and
commercial courts accord equal weight to the testimony of men and women;
however, in Sharia courts, which have jurisdiction over Muslim marriage, divorce,
and inheritance cases, the testimony of two women was equal to that of a man in
most circumstances.
Political Prisoners and Detainees
Citizens and NGOs alleged that the government continued to detain individuals,
including political opposition members, for political reasons during the year, and
that governors continued to use administrative detentions for what appeared to be
political reasons. In a few cases, the media and human rights organizations
reported that authorities kept detainees in solitary confinement and denied them
access to lawyers.
A 2008 HRW report stated that political prisoners, including Islamists convicted of
crimes against national security, reportedly received greater abuse than other
prisoners.
Civil Judicial Procedures and Remedies
There is an independent judiciary in civil matters. Individuals may bring lawsuits
related to human rights violations and did so during the year. The High Court of
Justice hears administrative complaints. The courts are open to all residents. Courts
also have jurisdiction over any person in civil matters, including lawsuits in which
the government is a plaintiff or a defendant.
During the year at least two individuals who alleged being tortured in 2008 filed
civil cases for damages (see section 1.c.).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits arbitrary interference in private matters, but the government did
not respect this prohibition in practice. Citizens widely believed that security
officers monitored telephone conversations and Internet communication, read
private correspondence, and engaged in surveillance without court orders.
The law requires that security forces obtain a warrant from the prosecutor general
or a judge before conducting searches; however, during the year foreign migrant
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workers with valid work and residency permits reported that police forcibly
entered their homes without warrants as part of a joint police and labor inspection
campaign to verify the legal status of workers.
A few religious activists reported that the GID withheld their certificates of good
behavior required for job applications or to open a business, or threatened not to
allow their children to enter or graduate from university. The GID usually
withholds a certificate of good behavior if there is a criminal record; however,
there is no public information outlining the GID's policies for issuing the
certificates.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution provides for freedom of speech and of the press; however, the
government did not respect these rights in practice. A 2009 Freedom House report
on media freedom called the country "not free." On May 8, the Amman-based
National Center for Defending the Freedom of Journalists (CDFJ) issued its 2009
annual report, which concluded that media freedoms deteriorated in 2009.
Journalists reported that the threat of detention and imprisonment under the penal
code for a variety of offenses, and stringent fines of as much as 20,000 dinars
($28,000) under the press and publications law for defamation led to self-
censorship. There were several incidents during the year in which the government
prohibited journalists from reporting on high-profile court cases. The government's
use of "soft containment" of journalists, such as financial support, scholarships for
relatives, and special invitations, led to significant control of media content. In
March the government amended the Press and Publication Law to remove
administrative detention as a punishment for journalists and created a court to deal
specifically with matters of freedom of expression and speech. The amended law
prohibits journalists from being referred to State Security Courts for freedom of
expression or speech issues, and none were referred there during the year.
The law provides punishment up to three years' imprisonment for insulting the
king, slandering the government or foreign leaders, offending religious beliefs, or
stirring sectarian strife and sedition. In practice citizens were generally able to
criticize the government, although they reportedly exercised caution in regard to
the king, the royal family, the GID, and other sensitive topics such as religion.
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On February 13, in response to a lawsuit brought by private citizens, state security
forces detained journalist Muwaffaq Mahadin and environmentalist Sufian al-Tal
for two weeks for having given separate public interviews criticizing the army's
security role in Afghanistan. State security charged them with "harming relations
with a foreign country," "stirring sectarianism," "harming the stature of the state
and the army," instigation, and slander. The case was sent to the State Security
Court, which did not have jurisdiction, then to the prosecutor general. At year's
end, the court case was pending.
In late February the GID arrested university student Imad al-Ash for allegedly
sending an instant message that "insulted the monarchy" and participating in online
forums expressing "controversial religious opinions." Ash denied the charges. On
July 13, the security court sentenced him to two years in prison. Ash appealed the
ruling, and the court upheld his two-year prison sentence on October 2.
On July 25, PSD officers arrested university student Hatim al-Shuili on charges of
"causing national strife" and "insulting the monarchy" over a poem he denied
writing that reportedly criticized the king. Shuili was detained until September 8,
when the king pardoned him along with 17 others accused of insulting the
monarchy.
As of year's end, the PSD had not yet released any findings in its alleged
investigation of the October 2009 beating of opposition figure Layth Shbeilat in an
Amman bakery. Shbeilat and many local observers connected the assault to a
lecture he presented at the Socialist Thought Forum two days earlier in which he
called for increased efforts to fight government corruption and the need to question
and hold officials accountable.
Independent print media existed, including several major daily newspapers;
however, such publications must obtain licenses from the state to operate. The
independent print and broadcast media largely operated without restriction, but
media observers reported governmental pressure to avoid sensitive topics such as
the royal family, the GID, and religion. Media organizations and journalists
reported that the government influenced the appointment of editors in chief at
some major publications, whether by virtue of officials' positions on the boards of
directors of government-affiliated publications or through undisclosed contacts.
The government has a majority share on the board of directors for one major daily
newspaper and a minority share in another. The governmental Audiovisual
Commission, whose mandate is to license private broadcast agencies, has authority
to recommend rejection of a broadcast license without a stated reason. Media
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observers note that when covering controversial subjects, government-owned
Jordan Television, Jordan News Agency, and Radio Jordan reported only the
government's position.
Apart from the arrest of Muwaffaq Mahadin, there were no reports of physical
violence or harassment of journalists during the year. As of year's end, the
government had not released any findings of its alleged investigation into the
January 2009 gendarmerie attack on an Al Jazeera television crew. There were no
updates in the June 2009 case of poet and reporter Islam Samhan, sentenced to one
year in prison and a fine of 10,000 dinars ($14,200) on charges of slandering Islam
and insulting "religious sentiment" for his use of Qur'an verses and prophets in his
poetry, or the 2008 arrest of El-Ekhbariya editor in chief Fayez Al-Ajrashi on
charges of "inflaming sectarian strife" and "sowing national discord." Both men
remained free on bail at year's end.
The government directly and indirectly censored the media. Authorities monitored
and censored printing presses and edited articles deemed offensive before they
could be printed. Journalists claimed the government used informants in
newsrooms and that GID officials monitored reporting. Editors reportedly received
telephone calls from security officials instructing them how to cover events or to
refrain from covering certain topics or events. Government officials also reportedly
bribed journalists to influence their reporting. According to a 2009 Center for
Defending the Freedom of Journalists survey, 95 percent of journalists polled
exercised self-censorship. The survey also reported that 70 percent of journalists
thought the government used "soft containment" to control the media at a medium
to high degree. Ninety-four percent said they avoid writing about or broadcasting
military matters, and 83 percent said they avoid discussing religious topics.
On March 10, a State Security Court attorney general prohibited the press from
reporting or commenting on the case of the Jordan Petroleum Refinery Company
expansion project without his personal approval, purportedly to allow the judicial
authorities to work "calmly" on the case.
The government continued to enforce bans on the publication of selected books for
religious, moral, and political reasons. Some foreign films were edited prior to
release.
Internet Freedom
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There were government restrictions on access to the Internet. Citizens and activists
widely believed that the government monitored electronic correspondence and
Internet chat sites; therefore, they practiced self-censorship over such media.
Individuals and groups were unable to express their views via the Internet,
including by e-mail. According to the 2010 International Research and Exchange
Board Jordan Media Strengthening Program, Internet usage was 30 percent.
Internet speech is regulated by the Press and Publication Law.
On August 3, the government issued the Information Systems Crime Law, a
"temporary" law (see section 3) that would require law enforcement officials to
have probable cause and a warrant before entering and searching any place
suspected of being used to commit a cybercrime or to seize property and make
arrests based on suspicion of illegal cybercrime activity.
On August 5, authorities blocked 50 domestic news Web sites in government
institutions and offices purportedly to "end confusion about topics related to the
government."
During the year the Ministry of Interior continued to monitor Internet cafes for
"security reasons" via video cameras. The ministry also required cafe owners to
register users' personal data, submit records of visited Web sites, and prevent
access to questionable Web sites, as defined by the ministry.
Academic Freedom and Cultural Events
The government placed some limits on academic freedom. Some members of the
academic community claimed there was an ongoing intelligence presence in
academic institutions, including monitoring of academic conferences and lectures.
On April 29, the administration of Hashemite University introduced an amendment
requiring that candidates running for student elections must have participated in
religious and national occasions and cultural, scientific, social, artistic, and
voluntary activities at the university. Local organizations and the media criticized
the amendment, calling it a government attempt to control student elections by
ensuring that the candidate is familiar to the administration.
In September 2009 the National Campaign for Defending Students' Rights
criticized the interference of security services in student activities, especially in
university student council elections. Security personnel reportedly told students to
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vote for specific candidates. The group also noted that universities had punished or
expelled students for distributing literature expressing solidarity with Palestinians.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The constitution provides for freedom of assembly, but the government restricted
this right. The Public Gatherings Law stipulates that organizations do not need
approval to hold routine internal meetings and activities but that routine public
meetings--including workshops and training sessions--require approval. Governors
are not required to provide a legal reason for denial of permission to hold an event,
and there is no standard in the law for what constitutes an impermissible public
gathering. If an organization fails to apply for permission for an event, its members
face imprisonment from one to six months and a fine of as much as 3,000 dinars
($4,300). If a governor does not issue a response within 48 hours, applicants are
entitled to hold the event without legal liability.
Throughout the year several civil society organizations and political parties
accused the government of being stringent in issuing permits for public gatherings
based on political factors rather than security concerns. Governors sometimes
denied requests for peaceful demonstrations and civil society gatherings. In some
cases the government granted approval at the last moment, making it difficult for
organizers to plan events.
On May 10, Muhammad al-Sunaid and Ahmad al-Luwansa, leaders of the
Committee of Day Laborers, gathered with 30 other day laborers to hold a peaceful
protest outside an office where the minister of agriculture was scheduled to speak.
After the protest they attended the minister's speech, where they questioned the
firing of day laborers working at the ministry and called for the minister's removal.
The governor ordered the PSD to arrest Sunaid and al-Luwansa and charged them
with holding an unlawful gathering. Luwansa was detained at the Security
Directorate in Madaba for one day and was released without charges. Sunaid was
detained for 10 days and was charged with "unlawful gathering," which carries a
sentence of up to one year. On July 27, the Security Court sentenced Sunaid to
three months in prison, and he was appealing the sentence at year's end.
In late October the Islamic Action Front requested permission to hold a protest. On
November 3, the government denied their request; however, on November 6, the
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group staged a sit-in to protest the rejection of their permit request. There was no
response from the government.
On November 6, the governor of Amman rejected a sit-in request by the Popular
Unity Party's "boycotters for change" campaign.
Government investigation committees cleared the gendarmerie of excessive use of
force in the January 2009 case when the gendarmerie allegedly used batons, tear
gas, and water cannons to disperse demonstrators throwing rocks and protesting
outside the Israeli embassy. The gendarmerie were also cleared in the July 2009
incident in which they were accused of using batons to disperse a sit-in at the
Ministry of Agriculture protesting importation of Israeli fruit and vegetables.
Freedom of Association
The constitution provides for the right of association, but the government limited
this freedom in practice. The law gives the MOSD the right to reject applications to
register an organization or to receive foreign funding for any reason, and it
prohibits the use of associations for the benefit of any political organization. The
law also gives the ministry significant control over the internal management of
associations, including the ability to dissolve associations, appoint new boards of
directors, send government representatives to any board meeting, prevent
associations from merging their operations, and appoint an auditor to examine an
association's finances for any reason. The law requires associations to inform the
ministry of board meetings, submit all board decisions for approval, disclose
members' names, and obtain the Ministry of Interior's security clearances for board
members. The law includes severe penalties, including fines up to 10,000 dinars
($14,200).
The MOSD advisory board overseeing NGOs is chaired by the minister of social
development and includes representatives from seven other government bodies and
four civil society representatives. As of year's end, the prime minister had not
appointed the civil society representatives. Local and international NGOs claimed
that the law severely restricted the work of independent organizations. During the
year the government did not deny any organizations permission to register or to
receive foreign funding; however, a local NGO reported that prolonged
bureaucratic procedures to secure government approval of foreign funding led to
the organization losing the proposed funding.
c. Freedom of Religion
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For a complete description of religious freedom, please see the 2010 International
Religious Freedom Report at www.state.gov/g/drl/irf/rpt.
d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign travel,
emigration, and repatriation; however, there were some restrictions. The UN
reported that the government cooperated with the Office of the UN High
Commissioner for Refugees (UNHCR), the UN Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA), and other humanitarian
organizations in providing protection and assistance to internally displaced
persons, refugees, returning refugees, asylum seekers, stateless persons, and other
persons of concern.
Some mothers claimed that they were prevented from departing the country with
their children because authorities enforced requests from fathers to prevent their
children from leaving. However, authorities did not stop fathers from exiting the
country with their children when the mother objected. There were reports some
women were required to obtain the permission of either their husband or father in
order to acquire or renew a passport, despite the 2003 Passport Law, which
stipulates that women do not need a custodian to renew passports. The GID
sometimes withheld passports from citizens for alleged security reasons.
Employers or authorities sometimes held the passports of foreign workers.
Some persons of Palestinian origin living in the country were citizens and received
passports; however, the government reported that there were approximately
165,000 Palestinian refugees, mostly of Gazan origin, who did not qualify for
citizenship. Approximately half of these persons received two-year travel
documents that do not connote citizenship and do not contain a national number.
West Bank residents without other travel documentation were eligible to receive
five-year travel documents that do not connote citizenship. Local and international
human rights organizations continued to charge that the government did not
consistently apply citizenship laws, especially in cases in which passports were
taken from citizens of Palestinian origin or in which national identification
numbers were revoked, thereby revoking citizenship.
A HRW report issued in February claimed that more than 2,700 Jordanians of
Palestinian origin had their citizenship revoked between 2004 and 2007. The
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government maintained this policy was in line with its efforts to implement its
disengagement from its former claims to the West Bank. For example, government
officials stated that a national number may be revoked if an individual obtains
Palestinian travel documents, works for any part of the Palestinian Authority, or
does not renew a family reunification permit. Activists complained that the
disengagement regulations did not outline such procedures, that the process was
not transparent, and that the Ministry of Interior's appeal process was virtually
nonexistent. Claimants reported that appeals were not resolved to their satisfaction.
Human rights activists also claimed the government refused to renew the passports
of former residents of Palestinian origin at overseas embassies.
The law prohibits internal and external forced exile, and the government did not
use forced exile in practice.
Protection of Refugees
The country is not a party to the 1951 Convention relating to the Status of
Refugees or its 1967 Protocol. Its laws do not provide for the granting of asylum or
refugee status, and the government has not established a formal system of
providing protection to refugees and does not have any national legislation
pertaining to the status and treatment of refugees. The government respected the
UNHCR's eligibility determinations regarding asylum seekers, including those who
entered the country clandestinely. A 1998 memorandum of understanding between
the government and the UNHCR contains the definition of a refugee, confirms the
principle of nonrefoulement, and allows recognized refugees a maximum stay of
six months, during which period the UNHCR must find a durable solution. In
practice the government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social group, or
political opinion. However, according to observers, the government did not accept
refugees for resettlement from third countries or facilitate local integration,
particularly of refugees in protracted situations.
The UNRWA and the government continued to provide services, such as health
care, education, the right to work, and social services, to Palestinian refugees
during the year. At year's end, approximately two million Palestinian refugees were
registered with the UNRWA in the country.
The government granted nationality to approximately 700,000 persons displaced
from former territories during the 1967 war with Israel. An additional 120,000
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persons displaced during the 1967 war held temporary residency permits, and an
additional 200,000 Palestinian refugees were also estimated to be living in the
country without any direct assistance.
The government generally recognized the UNHCR's requests to grant temporary
protection for all Iraqi asylum seekers, including new arrivals, rejected asylum or
resettlement cases, and recognized refugees whose cases had been suspended by
resettlement countries. The government estimated there were 450,000 to 500,000
Iraqi refugees in the country; NGO estimates varied from 100,000 to 200,000. As
of years' end, a total of 30,800 Iraqi refugees in the country were registered with
the UNHCR. Most registered refugees received legal and material assistance from
the UNHCR and other international and nongovernmental humanitarian
organizations. The government provided education and health care to Iraqis and
tolerated the prolonged stay of many Iraqis beyond the expiration of the visit
permits under which they entered the country. During the year the government
waived any overstay fines and exit fees for those returning to Iraq. Few Iraqi
refugees received work permits due to bureaucratic hurdles and significant
overstay fines they would have to pay when applying for such permits.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their
Government
The law does not provide citizens the right to change their monarch or government.
The king appoints and dismisses the prime minister, cabinet, and the House of
Notables, dissolves parliament, and directs major public policy initiatives. Citizens
may participate in the political system through their elected representatives in the
Chamber of Deputies. The cabinet, based on the prime minister's recommendation,
appoints the mayors of Amman, Wadi Musa (Petra), and Aqaba, a special
economic zone. The mayors of the other 93 municipalities are elected.
The king proposes and dismisses extraordinary sessions of parliament and may
postpone regular sessions for as long as 60 days. In November 2009 the king
dissolved parliament and called for parliamentary elections in the final quarter of
2010. Although the constitution states that elections must be held within four
months of parliament's dismissal or the previous parliament is reinstated, the king
exercised his constitutional authority to extend this period. 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; however, such "temporary"
laws do not expire. Although they are technically subject to action by parliament
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when it returns to session, in practice they typically remain in force in the absence
of legislative action.
Elections and Political Participation
On November 9, the country held parliamentary elections, which international
observers stated in their preliminary reports were "credible" and "a clear
improvement over the nation's 2007 polls," while recommending future reforms
such as establishing an independent electoral management body, preprinting
ballots to mitigate concerns over voting procedures for the illiterate, strengthening
representation for all citizens, and introducing regulations to allow for systematic
appeals of the election results.
The country was without an elected parliament for the majority of the year, during
which time the cabinet issued a number of temporary laws. On May 19, the cabinet
issued a "temporary" elections law that increased the women's quota in the
parliament to 12, added four parliamentary seats to underrepresented urban
districts, and divided the existing electoral districts into nongeographic subdistricts
based on the number of seats within each district. The new subdistricting system
served to change the rules for candidate registration by requiring candidates to run
for a specific subdistrict, while still allowing voters to cast their single ballots for
any candidate within the electoral district as a whole. Civil society groups and
media commentators criticized the law for not going far enough in its reforms to
address concerns about fairness and transparency, especially for persons of
Palestinian origin. Many analysts commented that government did not adequately
explain to citizens the new law's system of nongeographic subdistricts.
The government licensed political parties and other associations but prohibited
membership in unlicensed political parties. The High Court of Justice may dissolve
a party if it concludes that the party violated the constitution or the law. The law
stipulates that a political party must have a minimum of 500 founding members
from five governorates. Opposition parties complained that the law was
unconstitutional and obstructed political dynamism. Political parties, NGOs, and
independent candidates found the registration process onerous and costly and
criticized the GID's annual screening process of founding party members. Political
parties also complained that the mandated public funding of 50,000 dinars
($71,100) was insufficient to operate effective campaigns. Political analysts and
opposition parties called on the government to take active measures to promote
party development, including amendments to the electoral system that would place
greater emphasis on parties.
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Women have the right to vote. On November 9, 13 women were elected to
parliament, exceeding the quota by one. There was one female governor, and three
women served in the appointed 30-member cabinet. The law provides a 20 percent
quota for women in municipal council seats and a 10 percent quota for women in
the lower house of parliament.
Citizens of Palestinian origin were underrepresented at all levels of government
and the military. Many observers believed the electoral system was intended to
reduce the representation of areas heavily populated by citizens of Palestinian
origin in favor of tribal interests. The law allows voters to choose one candidate in
multiple-seat districts, which in the largely tribal society meant citizens tended to
cast their vote for members of their own tribe. The law reserves nine seats in the
lower house of parliament for Christians and three seats for the Circassian and
Chechen ethnic minorities together, constituting an overrepresentation for these
minorities. No seats were reserved for the relatively small Druze population, but
they were permitted to hold office under their government classification as
Muslims. The law also stipulates that Muslims must hold all seats not reserved for
specified minority religions. Christians served as cabinet ministers and
ambassadors. The government traditionally reserves some positions in the upper
levels of the military for Christians (4 percent); however, Muslims held all senior
command positions.
Section 4 Official Corruption and Government Transparency
The law provides criminal penalties for official corruption; however, it remained a
problem. Domestic and international NGOs noted the government did not
implement the law effectively and officials often engaged in corrupt practices with
impunity. During the year the government investigated allegations of corruption;
however, there were few convictions. Many observers noted that investigations
into official corruption typically focused on small-scale corruption. The use of
family, business, and other personal connections to advance personal business
interests was widespread. There were allegations of lack of transparency in
government procurement, government appointments, and dispute settlement.
During the year the Anticorruption Commission investigated 890 cases of
corruption. The cases dealt with fraud, misuse of public office, forgery, bribery,
and embezzlement, as well as cases related to food and drug laws. Despite
increased investigations, some local observers questioned the commission's
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effectiveness due to the limited amount of investigations involving senior officials
or large government projects despite allegations against them.
On July 7, the State Security Court sentenced three former officials--a former
finance minister, a former Jordan Petroleum Refinery Company (JPRC)
chairperson, and a former economic advisor to the prime minister--and a
businessman to three years in prison after convicting them of bribery in connection
with the JPRC expansion project. The defendants were acquitted on the charges of
abuse of public office. The defendants appealed the conviction and were free on
bail at year's end.
In a 2009 high-profile case, the government formed an ad hoc committee to
investigate the embezzlement of 1.2 million dinars ($1.7 million) from the Ministry
of Agriculture. On August 31, the court found two men guilty of embezzlement
and sentenced them to 22 years in prison.
During the year citizens filed more than 2,776 complaints against public agencies
with the governmental Ombudsman Bureau. The bureau rejected 1,537 of the
complaints because they did not fall under its mandate, but it amicably resolved 80
percent of the accepted cases and issued recommendations in 19 percent of the
accepted cases. The bureau is charged with investigating complaints regarding any
decision or action by public offices or their employees.
The law requires certain government officials to declare their assets privately; in
the event of a complaint, the chief justice may review the disclosures. Under the
law failure to disclose assets could result in prison sentences from one week to
three years or fines from five to 200 dinars ($7 to $280). As of year's end, no
officials had been punished for failing to submit a disclosure.
The law provides for public access to government information that is a matter of
legal record but allows requests to be denied for reasons of "national security,
public health, and personal freedoms." Journalists criticized the law, claiming it
permits the government to deny requests without justification. A 2008 study by the
Al Urdun Al Jadid Research Center showed that 58 percent of journalists were
unaware of the law and nearly 85 percent did not know they had the right to
request information. Fifty percent of journalists who had attempted to obtain
government information characterized the government's response as inadequate,
and 13.8 percent said their requests triggered verbal abuse. In a 2008 Higher Media
Council survey, nearly half of the journalists surveyed reported difficulty accessing
information or said their requests had been denied outright.
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Section 5 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
Domestic and international human rights groups operated in the country with some
restrictions. The law gives the government the ability to control NGOs' internal
affairs, including acceptance of foreign funding. NGOs were generally able to
investigate and report publicly on human rights abuses throughout the year,
although government officials were not always cooperative. Senior government
officials accused local human rights organizations of having "Western" or foreign
agendas and focusing only on the negative aspects of an issue. Major local human
rights organizations included the NCHR and several independent organizations,
such as the MIZAN Law Group for Human Rights, the Amman Center for Human
Rights Studies, the AOHR, the CDFJ, and the Adaleh Center for Human Rights
Studies. Government entities met with members of these organizations and
participated in many projects the organizations undertook.
The government generally cooperated with international NGOs, the UN, and other
international governmental organizations. On May 14, as part of its periodic review
process, the UN Committee against Torture expressed "deep concern" at
continuing allegations of torture and mistreatment of detainees in the country (see
section 1.c.).
The government-funded NCHR's reporting was largely regarded as objective and
critical, although some local human rights groups and activists complained that the
NCHR did not speak out sufficiently during the year on some controversial issues,
such as freedom of expression, students' rights, citizenship, and religious freedom.
The prime minister appoints the NCHR board chair and commissioner general. In
April the NCHR issued its sixth annual report on the state of human rights in the
country, which highlighted a range of continuing human rights problems in 2009,
including excessive use of administrative detention, new restrictions on the right to
establish civil society and professional associations, limitations on protests and
demonstrations, restrictions on the right to access information, and physical attacks
by students against their professors and vice versa.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution states that all citizens are equal under the law and prohibits
discrimination based on race, language, and religion; however, discrimination on
the basis of gender, disability, and social status is not specifically prohibited. The
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penal code does not address discrimination, thereby severely limiting judicial
remedies.
Women
Violence and abuse against women continued, including widespread domestic
violence, numerous honor crimes, and spousal rape. In rural areas violence against
women was reported more frequently than in major cities, but women's rights
activists speculated that many incidents in cities went unreported.
The law stipulates a sentence of at least 10 years' imprisonment with hard labor for
rape of a girl or woman age 15 years or older. Spousal rape is not illegal. During
the year the PSD Family Protection Department (FPD) treated and investigated 395
cases of sexual assault, 131 cases of rape against women, and 223 rape cases
against children. There was no information available regarding prosecutions or
convictions for rape during the year.
In a survey of women in rural southern areas that the Higher Population Council
and the Ministry of Health released in January 2009, 30 percent of women 15 to 49
years old reported psychological abuse and 20 percent reported physical abuse.
Spousal abuse is technically grounds for divorce, but husbands can claim religious
authority to strike their wives. A woman may file a complaint against her spouse
for physical abuse with the FPD, certain NGOs, or directly with judicial
authorities. During the year the FPD forwarded 2,021 complaints of domestic
violence for prosecution. Violators of protection orders may face as long as six
months in prison. Observers noted that judges generally supported a woman's
claim of domestic abuse in court; however, due to societal and familial pressure,
few women sought legal remedies. A 2007 survey by an international organization
showed that only 22 percent of domestic violence victims sought any form of
assistance. In 2008 the Jordan Center for Social Research conducted a survey
indicating that women often did not admit they were subjected to violence and did
not seek help because they were afraid of breaking up or damaging the reputation
of their families. The results also showed some degree of acceptance of abuse,
particularly among less-educated women. Of the respondents who reported a case
of violence, 83 percent identified their husband, father, or brother as the
perpetrator. There were few services available to victims of domestic violence, and
most women were not aware of them.
The government-run shelter Dar al-Wafaq assisted approximately 730 women and
160 children who were victims of domestic violence. It provided reconciliation
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services to victims and their families and worked with NGOs to provide services,
such as legal and medical assistance. However, observers noted a lack of a
comprehensive approach for victims and the absence of psychosocial counseling.
The FPD continued to operate a domestic violence hotline during the year and
received inquiries and complaints via the Internet and e-mail. The Jordanian
Women's Union, a domestic NGO, maintained a hotline for victims of domestic
violence and provided shelter to abuse victims. The Jordan River Foundation
operated a child and family center in East Amman that provided shelter and
assistance to domestic violence victims. During the year the quasi-governmental
Jordanian National Commission for Women received 583 gender-related
complaints ranging from domestic violence to discrimination.
Authorities prosecuted 16 officially reported instances of homicides related to
"honor" crimes that occurred over the past three years. Activists reported that many
such crimes went unreported. An Information and Research Center study released
in October 2009 on the causes of "honor" crimes in the country showed a high
correlation between poverty and education with "honor" crimes. The study found
that 73 percent of victims since 2000 were classified as poor, a group that
constituted only 30 percent of the country's population. The brother of the victim
was the perpetrator in 76 percent of the cases and the father in 13 percent.
In July 2009 the government established a specialized section within the criminal
courts to hear all cases of "honor" crimes. During the year the court sentenced 15
perpetrators to 10 years in prison and one perpetrator to five years in prison. In
most cases during the year, the family dropped the criminal charges, and the court
issued a sentence of 10 years' imprisonment. Judges have the discretionary right,
but not an obligation, to reduce sentences by as much as half if the victim's family
does not press charges, even if the perpetrator and victim are from the same family.
Prior to the creation of the specialized unit within the criminal court, some lower
courts handed down 15-year sentences for second-degree murder, but in every case
the court immediately cut the sentence in half. In previous years the courts usually
found perpetrators of honor killings guilty of a "crime of passion," which merited a
maximum sentence of three years. Although defendants were almost always found
guilty, they often received token sentences of no more than six months. The
maximum sentence for first-degree murder is death.
On June 1 in East Amman, a man stabbed his sister 30 times on a busy street with
the assistance of his 19-year-old cousin. The brother suspected that his sister was
pregnant. The victim was rushed to the hospital where she was declared dead on
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arrival. The prosecutor general charged the brother and cousin with premeditated
murder, and at year's end the case was pending.
On July 23 in Deir Alla, a man shot and killed his 16-year-old niece with a
machine gun at her wedding, confessing he did it to "cleanse his family's honor"
over suspicions the girl had lost her virginity a month earlier. The father and
husband pressed criminal charges against the perpetrator; the case was pending at
year’s end.
At year's end the March 2009 case of a man in Zarqa who beat to death his 19-
year-old daughter with the assistance of two of her brothers remained pending at
the criminal court.
On April 23, the criminal court convicted and sentenced a man to 15 years in
prison for publicly stabbing his 24-year-old daughter 16 times on a main street in
October 2009. The court reduced his sentence to 10 years because the family
dropped the charges.
Through the administrative detention authority granted to governors under the
Crime Prevention Act, authorities continued to place potential victims of honor
crimes in involuntary protective custody in the Women's Correctional and
Rehabilitation Center in Jweideh, a detention facility where some women had
remained for more than four years. A woman detained in protective custody can be
released only after her family signs a statement guaranteeing her safety and both
the local governor and the woman agree to the release. During the year the
government released a number of women who had been detained for more than 10
years. Unlike in previous years, there were no cases of women being killed after
release from protective custody. A human rights organization estimated that
approximately 12 women were in protective custody. One NGO continued to work
for the release of these women through mediation with their families. The NGO
also provided a temporary but unofficial shelter for such women as an alternative
to protective custody.
According to the law, sexual harassment in the workplace is strictly prohibited.
The law does not make a distinction between sexual assault and sexual harassment;
both carry a minimum prison sentence of four years with hard labor. Women's
groups stated that harassment was common, but many victims were hesitant to file
a complaint and rarely did so because they often were blamed for inciting it, they
feared losing their job, or they faced pressure to keep silent.
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Couples have the basic right to decide freely and responsibly the number, spacing,
and timing of their children. Contraceptives were generally accessible to all men
and women, both married and single, and provided free of charge in public clinics.
Almost 99 percent of births in the country take place in hospitals with trained
professionals. Comprehensive essential obstetric, prenatal, and postnatal care is
provided throughout the country in the public and private sectors. According to
data compiled by international organizations, in 2008 there were approximately 59
maternal deaths per 100,000 live births. There was no discrimination against
women in the diagnosis and treatment of HIV/AIDS and other sexually transmitted
infections.
Women experienced legal discrimination in pension and social security benefits,
inheritance, divorce, ability to travel, child custody, citizenship, and (in certain
limited circumstances) the value of their Sharia court testimony.
Under Sharia law as applied in the country, female heirs receive half the amount
that male heirs receive, and non-Muslim widows of Muslim spouses have no
inheritance rights; however, a Muslim spouse can designate some of his property to
his non-Muslim spouse through a will. A sole female heir receives half of her
parents' estate; the balance goes to designated male relatives. A sole male heir
inherits both of his parents' property. Male Muslim heirs have the duty to provide
for all family members who need assistance. The existing temporary divorce law
allows women to seek divorces in return for waiving financial rights or alimony.
The law allows retention of financial rights under specific circumstances, such as
spousal abuse. Special courts for each denomination adjudicate marriage and
divorce for Christians.
The government provided men with more generous social security benefits than it
gave women. The government continued pension payments of deceased male civil
servants to their heirs, but it discontinued payments to heirs of deceased female
civil servants. Laws and regulations governing health insurance for civil servants
do not permit married women to extend their health insurance coverage to
dependents or spouses. However, divorced and widowed women may extend
coverage to their children.
Women's rights activists complained that the law granting women equal pay for
equal work was not enforced. Many women said traditional social pressures
discouraged them from pursuing professional careers, especially after marriage.
The official unemployment rate for women was 20 percent, compared with 11.9
percent for the country as a whole. A Jordanian National Council for Family
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Affairs study released in April 2009 found that women were often denied basic
labor rights, such as pay equality and the working hours and conditions outlined in
the labor law. The study called for legislative changes and awareness campaigns to
inform women of their rights.
The law states that a woman has the right to obtain or renew a passport without the
written permission of her husband; however, some women reported that authorities
required a male custodian's permission.
Married women do not have the legal right to transmit citizenship to their children.
In practical terms this affects thousands of families whose father is of Palestinian
origin. Female citizens married to noncitizen men may pass citizenship to their
children only with the permission of the cabinet; however, the cabinet rarely took
such action, the public was widely unaware of this mechanism, and permission was
usually not granted in cases in which the father was of Palestinian origin. Women
may not petition for citizenship for their noncitizen husbands, who must apply for
citizenship after fulfilling a requirement of 15 years' continuous residency. Once a
husband has obtained citizenship, he may apply to transmit citizenship to his
children. However, in practice such an application may take years, and the
government may deny the application, resulting in the children becoming stateless.
During the year a female citizen married to a Palestinian man from Gaza was not
allowed to enroll her son in preschool because her son was not considered
Jordanian. Furthermore, her husband was unable to work legally because the
family could not afford to renew his residency permit on a yearly basis.
In 2009 a female citizen whose Egyptian husband died after falling at a
construction site had to reapply annually for a residency permit for her three
Egyptian-citizen children to continue to enable them to live legally in the country
and have access to education and health services. The cost of applying for
residency every year was a significant burden, and the government's approval was
not guaranteed.
Children
Citizenship is derived only through the father. Children of female citizens and
noncitizen husbands receive the nationality of the father and lose the right to attend
public school or to seek other government services if they do not hold legal
residency, which must be applied for every year and is not guaranteed. The
government did not issue birth certificates to all children born inside the country
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during the year. The government deemed some children--including children of
unmarried women, certain interfaith marriages, and converts from Islam to another
religion--illegitimate and denied them proper registration, making it difficult or
impossible for them to attend school, access health services, or receive other
documentation. In one such case in 2009, a single mother had to illegally bury her
baby who died during childbirth because she was unable to obtain a birth or death
certificate.
Education is compulsory from ages six through 16 years and free until age 18.
However, no legislation exists to enforce the law or to punish guardians for
violating it.
During the year authorities received and investigated 128 complaints of child abuse
and 223 complaints of child rape. A February 2009 UN Children's Fund report
stated that 71 percent of children were subjected to verbal abuse and 57 percent
had experienced some form of physical abuse in school. Statistics on child abuse
within households were not available. The law specifies punishment for abuses
against children. For example, conviction for rape of a child younger than 15 years
potentially carries the death penalty. However, local organizations working with
abused children pointed to gaps in the legal system that regularly resulted in lenient
sentencing, particularly for family members. For example, the penal code gives
judges the ability to reduce a sentence when the victim's family does not press
charges. In child abuse cases, judges routinely accorded leniency per the wishes of
the family. The National Council for Family Affairs and other local organizations
stated that legislation does not provide children sufficient protection from abuse,
specifically citing the legal authorization for parents to discipline their children
using force.
Some local children's rights activists noted that abuse occurs in some government-
run juvenile detention centers (see section 1.c.). The defendants in a February 2009
shaken baby syndrome case and April 2009 torture and killing of a five-year-old
boy remained in jail at year's end, pending the outcome of their court cases.
The government continued to fund a child protection center that provided
temporary shelter and medical care for abused children between the ages of six and
12. During the year the shelter housed 158 abused children. Observers noted that
the shelter lacked qualified staff, psychosocial counselors, and a comprehensive
approach to deal with victims of abuse.
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The minimum age for marriage is 18. With the consent of both a judge and a
guardian, a child as young as 15, in most cases a girl, may be married. Judicial
statistics indicated that in 2008-09 judges granted consent in 14,000 cases in which
at least one person was between 15 and 18 years old. According to the May 2010
Jordan Population and Family Health Survey conducted in 2009, 6 percent of
persons between ages 15 and 19 were married, the majority of those having been
married between the ages of 17 and19. Instances of forced marriage as an
alternative to a potential honor killing were reported in rural areas during the year.
Observers note that, if a woman marries her rapist, according to customary belief,
her family members would not need to kill her to "preserve the family's honor."
The country is not a party to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. For information on international parental child
abduction, please see the Department of State's annual report on compliance at
http://travel.state.gov/abduction/resources/congressreport/congressreport_4308.htm
l, as well as country-specific information at
http://travel.state.gov/abduction/country/country_3781.html.
Anti-Semitism
Anti-Semitism was present in the media, and editorial cartoons, articles, and
opinion pieces sometimes depicted negative images of Jews without government
response. Aside from expatriates, there was no resident Jewish community in the
country.
Trafficking in Persons
For information on trafficking in persons, please see the Department of State's
annual Trafficking in Persons Report at www.state.gov/g/tip.
Persons with Disabilities
The law provides equal rights to persons with disabilities, who numbered around
200,000, according to government and NGO estimates. The Higher Council for the
Affairs of People with Disabilities works with government ministries, the private
sector, and NGOs to formulate and implement strategies to assist persons with
disabilities. In July 2009 the council issued national accreditation standards for
rehabilitation centers for persons with disabilities. According to the council there
were more than 15,000 students with disabilities attending 255 specialized centers
and schools.
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Citizens and NGOs universally reported that persons with disabilities faced
problems accessing education, transportation, and other services, particularly in
rural areas. The Special Buildings Code Department is tasked to enforce
accessibility provisions and oversees retrofitting of existing buildings to comply
with building codes. Many private and public office buildings continued to have
limited or no access for persons with disabilities.
The law mandates that public and private sector establishments with between 25
and 50 workers employ at least one person with disabilities, and establishments
with more than 50 workers must reserve 2 percent of their positions for persons
with disabilities. However, these requirements were rarely enforced. Local
organizations received complaints from persons with disabilities regarding
employers who discriminated against them.
In 2009 the government provided monetary assistance to citizens with severe
mental and multiple physical disabilities whose families earned less than 250
dinars ($360) per month, and the higher council and local NGOs operated
assistance programs. During the year the higher council discontinued financial
assistance previously provided to cover a portion of education, training, or
rehabilitation expenses for persons with disabilities due to budget cuts.
In September the government announced that it would allow persons with
disabilities to vote with the aid of personal assistants rather than verbally, ensuring
them greater ballot secrecy and electoral access. Takafo, an NGO aiming to
increase voter participation for persons with disabilities, confirmed that the
government made the necessary changes for the November 9 parliamentary
elections to allow voters with disabilities greater accessibility and greater ballot
secrecy.
National/Ethnic/Racial Minorities
There were three groups of Palestinians residing in the country, many of whom
faced some discrimination. Those who migrated to the country and the Jordan-
controlled West Bank after the 1948 Arab-Israeli war received full citizenship, as
did those who migrated to the country after the 1967 war and hold no residency
entitlement in the West Bank. Those still residing in the West Bank after 1967
were no longer eligible to claim full citizenship but were allowed to obtain
temporary travel documents without national identification numbers, provided they
did not also carry a Palestinian Authority travel document. These individuals had
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access to some government services but paid noncitizen rates at hospitals,
educational institutions, and training centers. Refugees who fled Gaza after 1967
were not entitled to citizenship and were issued temporary travel documents
without national numbers. These persons had no access to government services and
were almost completely dependent on UNRWA services.
Several human rights organizations stated that the Ministry of Interior revoked
national numbers of many longtime citizens of Palestinian origin during the year,
despite codified passport issuance procedures (see section 2.d.).
Palestinians were underrepresented in parliament and senior positions in the
government and the military, as well as in admission to public universities. They
had limited access to university scholarships.
During the year there were reports of societal discrimination against Iraqis living in
the country. Some employers reportedly refused to pay or underpaid Iraqis
working illegally, and some landlords reportedly would not rent or sell to Iraqis.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual
Orientation and Gender Identity
Homosexuality is not illegal in Jordan; however, societal discrimination against
LGBT persons existed. A number of citizens reported sporadic police mistreatment
of suspected LGBT persons. There were reports of individuals who left the country
due to fear their families would punish them for their sexual orientation.
In March 2009 the municipality of Amman reportedly denied an application to
establish a gay rights organization.
In 2008 security forces arrested four gays in a park in West Amman for "lewd acts"
following a targeted operation by the police. The individuals were placed in
solitary confinement in Jweidah Prison until they promised that they would not
carry out any such acts in the future.
Other Societal Violence or Discrimination
HIV/AIDS was a largely taboo subject. Lack of public awareness remained a
problem; many citizens believed the disease exclusively affected foreigners and
gays. There was a social stigma against HIV-positive individuals in general. The
government continued efforts to inform the public about the disease and to
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eliminate negative attitudes against persons with HIV/AIDS, including a media
strategy launched in September 2009. The government continued to test all
foreigners annually for HIV/AIDS, hepatitis B, syphilis, malaria, and tuberculosis,
and it deported foreigners who tested HIV positive.
Section 7 Worker Rights
a. The Right of Association
The law provides citizens working in the private sector, in some government-
owned companies, and in certain professions in the public sector the right to form
and join unions, but in practice this right was restricted. According to official
figures, more than 10 percent of the workforce was organized into 17 unions which
fall under a government-subsidized centralized federation, the General Federation
of Jordanian Trade Unions (GFJTU). On August 15, the Ministry of Labor issued a
temporary law that allows foreign workers to join unions; however, foreign
workers are not permitted to create unions or hold key positions.
Government influence in union policies and activities reportedly continued. The
government required unions to be members of the GFJTU, the sole trade union
federation, and new unions must be directly linked to 17 professions and sectors in
which unions already exist before being approved by the Ministry of Labor. The
government subsidized and audited the GFJTU's salaries and activities, and it
monitored union elections. Observers noted that the minister of labor may dissolve
unions without judicial due process.
Teachers employed in public schools held several sit-ins during the year to demand
their own professional association and better work conditions. The government did
not agree to establish an association but approved the creation of a teachers' union,
which would have broader legal restrictions and less autonomy than associations.
As of year's end, the teachers had not agreed to this proposal and were in
negotiations with the government. In June the government forced approximately 40
teachers, many of whom were actively calling on the government to create an
independent association, into early retirement but reinstated them just before
school started on September 14.
On July 15, the government issued an amendment to the labor law allowing
companies with more than 25 employees to form workers' committees to look into
labor conditions. The amendment also allowed up to 28 days of sick leave per year
and the recalculation of annual leave to exclude weekends.
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The law permits workers to strike only under certain conditions, including a
minimum 14 days' notice to both the employer and the government. Strikes are
prohibited if a labor dispute is under mediation or arbitration. In practice workers
generally went on strike without notifying the government in advance, and the
union or workers requested penalty waivers for the illegal strike as part of
subsequent labor negotiations. During the year the gendarmerie broke up one strike
deemed illegal due to lack of prior notice and briefly detained some strikers.
As of year's end, a joint PSD-gendarmerie investigation continued into the alleged
July 2009 case of gendarmerie forces using excessive force to break up a sit-in by
workers at the general cargo port in Aqaba. Workers held the two-day sit-in to
protest job losses and a housing compensation agreement connected to the sale of
the port. The government transferred the strike leader from the port of Aqaba to
another position in Amman. Labor activists and NGOs noted no significant
improvements at the Aqaba port; however, the workers received some of their
demands, such as monetary support of between 3,000 and 5,000 dinars ($4,200-
$7,000) for moving expenses.
b. The Right to Organize and Bargain Collectively
Unions have the right to bargain collectively, and in practice the government
respected this right, although observers stated that the legal procedures are
cumbersome and discourage collective bargaining.
The constitution prohibits antiunion discrimination, and the Ministry of Labor
received no complaints of antiunion discrimination during the year; however, some
nonunionized workers alleged retaliation from the government based on strike
activity and attempts to organize. This was particularly the case for foreign
workers and contracted domestic employees, such as day laborers.
Nearly 76 percent of the workers in the qualified industrial zones (QIZs) were
noncitizens and for most of the year were not permitted to participate in unions or
to engage in collective bargaining. As of year's end, foreign workers were not
permitted to form unions but could join existing unions.
c. Prohibition of Forced or Compulsory Labor
The constitution prohibits forced or compulsory labor, except in a state of
emergency such as war or natural disaster. However, there were reports of forced
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labor, particularly of domestic workers and garment sector factory workers. With
the August 2009 passage of new domestic worker regulations, labor inspectors
have the authority to inspect a labor complaint in a private home but only after
receiving the employer's permission or with a court order. According to local
NGOs, as of year's end, labor inspectors had not investigated reports of labor abuse
in private homes. Domestic workers can file in-person complaints with the
Ministry of Labor's Domestic Workers Directorate or the PSD; however, many
domestic workers complained that there was no follow up to their cases either from
the Ministry of Labor or the PSD. Domestic workers are covered by the labor laws,
although not fully or effectively.
Women, including some minors with forged documents, from countries including
Sri Lanka, Indonesia, and the Philippines migrated to work as domestic servants,
but some were subjected to conditions of forced labor, including withholding of
passports, restrictions on movement, nonpayment of wages, threats, excessively
long working hours, and physical or sexual abuse. The Philippines, Indonesia, and
Sri Lanka prohibited the emigration of migrant workers for domestic work because
of a high rate of employer abuse of domestic workers and administrative problems
with overstay fines when employers filed to renew the employees' work permits.
However, the prohibition did not reduce the flow of migrant workers.
During the year an estimated 300 domestic workers from the Philippines, 275
Indonesian workers, and 400 Sri Lankan workers were sheltered at their respective
embassies in Amman. Most had reportedly fled some form of forced labor,
including unpaid wages and to a lesser extent sexual or physical abuse. By law
employers are responsible for renewing residency permits but often fail to do this
for their domestic helper employees. As a result most of the embassy-sheltered
domestic workers were considered illegal residents, and many were stranded in the
country because they were unable to pay the daily overstay fees of 1.5 dinars ($3)
to depart the country. Due to the large number of domestic workers sheltered at
their respective embassies, the government created a working group in August to
examine the cases individually. In some cases this resulted in overstay fines being
waived.
Chinese, Bangladeshi, Indian, Sri Lankan, and Filipino men and women
encountered conditions indicative of forced labor in some garment sector factories,
including unlawful withholding of passports, late or nonpayment of wages, and
excessive overtime. The government actively inspected factories and investigated
allegations of forced labor in garment factories, and reports of withholding of
passports declined during the year. The Ministry of Labor required violators to
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conform to the requirements of the labor law and other governing legislation and
imposed fines when appropriate. The ministry also publicized the outcomes of its
findings.
Also see the Department of State's annual Trafficking in Persons Report at
www.state.gov/g/tip.
d. Prohibition of Child Labor and Minimum Age for Employment
The labor law forbids employment for children younger than 16 years of age,
except as apprentices in nonhazardous positions. The law provides that employers
who hire a child younger than 16 must pay a fine of as much as 500 dinars ($710),
which is doubled for repeat offenses. The law bans those between the ages of 16
and 18 from working in potentially hazardous jobs, limits working hours for such
children to six hours per day, mandates one-hour breaks for every four consecutive
working hours, and prohibits these children from working after 8 p.m., on national
or religious holidays, and on weekends.
Children worked in mechanical repair, agriculture, fishing, construction, and the
hotel and restaurant industry, as well as in the informal sector as street vendors,
carpenters, blacksmiths, domestic workers, and painters, and in small family
businesses. Child labor was reportedly concentrated in larger cities, such as
Amman, Zarqa, and Irbid. A 2008 Department of Statistics study estimated that
more than 32,000 children between the ages of five and 17 were working in the
country. Activists estimated the number to be higher, as many businesses and
families tended to hide the practice.
During the year the Ministry of Labor conducted 53,825 labor inspections
including 19,165 child labor visits. In June officials inspected 412 institutions,
issuing warnings to 75 employers and fining another 19 for recruiting children
under the age of 16, mostly in mechanic shops, bakeries, blacksmith shops,
carpentries, restaurants, and gas stations.
On September 20, the Ministry of Labor reported that 32.4 percent of working
children were in Amman, with the remainder distributed across the country, mainly
in impoverished areas. Eighty-nine percent of the working children were boys
employed in the car repair (approximately 36 percent), agricultural (27 percent), or
hotel and restaurant (4 percent) sectors.
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The government's capacity to implement and enforce child labor laws was not
sufficient to deter the practice. The Ministry of Labor's Child Labor Unit
coordinates government action regarding child labor and receives, investigates, and
addresses child labor complaints. The unit, with three employees, coordinated child
labor inspections for the 129 labor inspectors.
In 2009 the government reinstated the National Committee to Combat Child Labor
and initiated development of a new national strategy; however, as of year's end, the
government had not implemented the new national strategy. During the year
international organizations trained 78 general labor inspectors on techniques of
combating child labor. Sixty-two inspectors participated in several labor training
courses during the year.
Labor inspectors issue fines for child labor violations but reportedly attempt
alternative approaches first, such as ensuring safe work conditions and cooperating
with employers to permit working children to attend school concurrently.
e. Acceptable Conditions of Work
The national minimum wage was 150 dinars ($213) per month, which did not
provide a decent standard of living for a worker and family. Ministry of Labor
inspectors enforced the minimum wage but were unable to ensure full compliance
due to limited resources.
The law requires overtime pay for hours worked in excess of the 48-hour standard
workweek. The law prohibits compulsory overtime but allows the employer to
require the employee to work more than 48 hours a week for specific purposes,
such as conducting an annual inventory, closing accounts, preparing to sell goods
at discounted prices, avoiding loss to goods that would otherwise be exposed to
damage, and receiving special deliveries. In such cases actual working hours may
not exceed 10 hours per day, the employee must be paid overtime, and the period
may not last more than 30 days. Employees can lodge a complaint directly with the
Ministry of Labor or through organizations such as their union or the NCHR.
Employees are entitled to one day off per week. Provisions for domestic workers
were similar.
The law specifies a number of health and safety requirements that the Ministry of
Labor is authorized to enforce; however, workers do not have a statutory right to
remove themselves from hazardous conditions without risking the loss of their jobs
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and may be fired if they attempt to do so. Foreign workers were more susceptible
to dangerous or unfair conditions.
Foreign workers, who make up the vast majority of workers in the QIZs and
Export Processing Zones, were vulnerable to poor work conditions such as
mandatory overtime, withholding of passports, and unacceptable living conditions
in dorms. On August 18, the Phoenix Center for Economic and Informatics Studies
issued a report claiming that approximately 10,000 attendants and cafeteria staff in
the health support services sector were denied basic rights such as annual leave,
health and safety conditions, and minimum wage as guaranteed under the labor
law. The report indicated that a majority of the 23,000 day laborers were being
denied their rights to job security and safety. Throughout the year day laborers held
several strikes and sit-ins to demand job security, payment of overdue wages, and
wage increases.
On December 1, the government issued a directive making the International Labor
Organization project, Better Work Jordan, mandatory in all garment factories in the
country. The project aimed to improve labor standards compliance through
monitoring of factories and reporting on conditions as well as providing technical
assistance.