Jordan human rights report
Jordan, Culture, 3/15/2001

A report by the US government on human rights describe the current various conditions in Jordan. Here are some excerpts from the report.

The Hashemite Kingdom of Jordan is a constitutional monarchy ruled by King Abdullah II bin Hussein since the death of his father, King Hussein bin Talal, in February 1999. The Constitution concentrates a high degree of executive and legislative authority in the King, who determines domestic and foreign policy.

In the King's absence, a regent, whose authority is outlined in the Constitution, assumes many of these responsibilities. The Prime Minister and other members of the Cabinet are appointed by the King and manage the daily affairs of government. The Parliament consists of the 40-member Senate, appointed by the King, and the 80-member Chamber of Deputies, which is elected every 4 years.The lower house asserts itself only intermittently on domestic and foreign policy issues.

The 1997 parliamentary elections were marred by reports of registration irregularities, fraud, and restrictions on the press and on campaign materials.

According to the Constitution, the judiciary is independent of other branches of government; however, in practice it is susceptible to political pressure and interference by the executive.

There continued to be significant problems in the Government's human rights record. There are significant restrictions on citizens' right to change their Government. Citizens may participate in the political system through their elected representatives in Parliament; however, the King has discretionary authority to appoint and dismiss the Prime Minister and Cabinet, to dissolve Parliament, and to establish public policy.

Other human rights problems include extrajudicial killings by members of the security forces, police abuse and mistreatment of detainees; allegations of torture; arbitrary arrest and detention; lack of transparent investigations and accountability within the security services; prolonged detention without charge; lack of due process of law and interference in the judicial process; infringements on citizens' privacy rights; harassment of members of opposition political parties and the press; and significant restrictions on freedom of speech, press, assembly, and association.

The 1999 Press and Publications Law reduced somewhat the restrictions outlined in previous legislation on the ability of journalists and publications to function and report freely; however, significant restrictions continued to be in effect.

The Government imposes some limits on freedom of religion, and there is official and societal discrimination against adherents of unrecognized religions. The evangelical Christian community reported fewer incidents of governmental harassment during the year.

There were no reports of political killings by government officials; however, security forces committed several extrajudicial killings.

In May police reportedly beat Musa Shalback in Hai Nazal after pursuing him for allegedly stealing a car and hitting two pedestrians. According to eyewitnesses, police handcuffed Shalback, severely beat him, and subsequently took him at a local hospital. Shalback was in a coma when he arrived to the hospital where he died from his injuries 10 days later.

The law provides prisoners with the right to humane treatment; however, the police and security forces sometimes abuse detainees physically and verbally during detention and interrogation and allegedly also use torture.

The most frequently alleged methods of torture are sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement. Defendants in high-profile cases before the State Security Court claimed to have been subjected to physical and psychological abuse while in detention. Government officials deny allegations of torture and abuse.


A number of cases of beatings while in police custody were reported to human rights activists during the year. Human rights activists believe that there were many more incidents that were not documented.

Prisons and local police detention facilities are Spartan, and on the whole are severely overcrowded and understaffed. Human rights groups and prisoners complained of poor food and water quality, inadequate medical facilities, and poor sanitation in certain facilities. During the year, the Government opened a new prison facility in an attempt to alleviate somewhat the problem of overcrowding.

The security forces arbitrarily arrest and detain citizens. Under the Constitution, citizens are subject to arrest, trial, and punishment for the defamation of heads of state, dissemination of "false or exaggerated information outside the country that attacks state dignity," or defamation of public officials.

The Criminal Code requires that police notify legal authorities within 48 hours of an arrest and that legal authorities file formal charges within 10 days of an arrest; however, the courts routinely grant requests from prosecutors for 15-day extensions as provided by law. This practice generally extends pretrial detention for protracted periods of time. In cases involving state security, the authorities frequently hold defendants in lengthy pretrial detention, do not provide defendants with the written charges against them, and do not allow defendants to meet with their lawyers until shortly before trial. Defendants before the State Security Court usually meet with their attorneys only 1 or 2 days before their trial.

The Government detains persons, including journalists, for varying amounts of time for what appear to be political reasons

Local governors have the authority to enact the 1954 Preventing Crimes Law, which allows them to place citizens under house arrest for up to a year without formally charging them

The Constitution provides for the independence of the judiciary; however, the judiciary is subject to pressure from the executive branch. A judge's appointment to, advancement within, and dismissal from the judiciary are determined by a committee whose members are appointed by the King. The Ministry of Justice has great influence over a judge's career and subverts the judicial system in favor of the executive branch. There have been numerous allegations that judges have been "reassigned" temporarily to another court or judicial district in order to remove them from a particular proceeding. Judges also complain of unlawful telephone surveillance.


Most trials in the civilian courts are open. Defendants are entitled to legal counsel, may challenge witnesses, and have the right to appeal.

The Constitution requires that security forces obtain a warrant from the Prosecutor General or a judge before conducting searches or otherwise interfering with these rights, and the security services generally respect these constitutional restrictions; however, in security cases, the authorities sometimes--in violation of the law--obtain warrants retroactively or obtain preapproved warrants. Security officers monitor telephone conversations and Internet communication, read correspondence, and engage in surveillance of persons who are considered to pose a threat to the Government or national security. The law permits these practices if the Government obtains a court order. Judges complain of unlawful telephone surveillance.

In June the GID confiscated without a warrant a box of publications from Hassan Mahmoud Abdullah Abu Hanieh, detained him without charge for 20 days, then placed him under house arrest.

The Government did not block the entry of foreign publications.

The 1998 Press and Publications Law and the 1999 revisions to the law, combined with the 1998 Press Association Law, impose stringent restrictions on the operation of newspapers. The Government also intimidates journalists to encourage
self-censorship. Private citizens may be prosecuted for slandering the royal family, the Government, or foreign leaders, and for "sowing sedition."

The 1998 Press and Publications Law granted the Government wide discretionary powers to issue fines, withdraw licenses, and order shutdowns, which enabled it to control the editorial content of newspapers. The law also prohibited reporting on criminal cases or crimes at any stage of the investigation without prior authorization from the public prosecutor. However, the 1999 amendments to the Press and Publications Law, limit somewhat the Government's discretion to issue fines, transfer the power to withdraw licenses to the judiciary, limit significantly the Government's power to order shutdowns, and allow journalists to cover court proceedings "unless the court rules otherwise." The 1999 amendments to the Press and Publications Law also reduce the fine for violations at between $700 and $1,400 (500 to 1,000 dinars), down from between $7,000 and $14,000 (5,000 and 10,000 dinars) under the 1998 Press and Publications Law (see Section 1.e.). It was illegal under the 1998 Press and Publications Law to publish news, opinion, information, reports, caricatures, or photos that disparage the King or the royal family, pertain to the armed forces or security services, harm national unity, disparage religion, offend an individual or harm his reputation, disparage the heads of friendly states, harm the country's relations with other nations, promote perversion or lead to moral corruption, shake confidence in the national currency, or feature false news or rumors. Although these restrictions were modified by the 1999 amendments to the Press and Publications Law, prohibitions on such activities still exist in the Penal Code and a number of other laws.

In March the Government banned a book of poems written by Musa Hawamdeh due to pressure from radical Islamists. In June the Shari'a court charged Hawamdeh with apostasy. The complainant requested that Hawamdeh publicly retract the controversial statements in his poem and requested that the Shari'a judge order that he divorce his wife and lose his rights to inherit property or manage his own wealth. The Shari'a court referred the case to a civil court. In July both the Shari'a and criminal courts acquitted Hawamdeh of all charges, without his retracting any portion of the poem.

The Government restricts freedom of assembly. Citizens must obtain permits for public gatherings. Following a demonstration on October 6 in which one protester was killed and six were injured, the Government banned all demonstrations and public rallies. However, a number of demonstrations subsequently were held with government acquiescence despite the ban. Before the ban, the Government denied permits for public protests and rallies that it determined pose a threat to security.


In February the Government twice refused requests by human rights activists to hold demonstrations to protest a parliamentary vote rejecting the repeal of Article 340, the so-called honor crimes law.

The Constitution provides for the safeguarding of "all forms of worship and religious rites in accordance with the customs observed in the Kingdom, unless such is inconsistent with public order or morality;" however, the Government imposes some restrictions on freedom of religion. Citizens may not always practice the religion of their choice. According to the Constitution, Islam is the state religion.

Religious institutions, such as churches that wish to receive official government recognition, must apply to the Prime Ministry for registration. The Protestant denominations registered as "societies" come under the jurisdiction of one of the recognized Protestant churches for purposes of family law, such as divorce and child custody. The Government does not recognize a number of religions.

The Government does not recognize religious faiths other than the three main monotheistic religions: Islam; Christianity; and Judaism.

In addition not all Christian denominations have been accorded official government recognition.

The Government does not interfere with public worship by the country's Christian minority. However, although the majority of Christians are allowed to practice freely, some activities, such as proselytizing or encouraging conversion to the Christian faith--both considered incompatible legally with Islam--are prohibited. Christians are subject to aspects of Shari'a (Islamic law) that designate how inheritances are distributed.


The Government does not recognize Jehovah's Witnesses, the Church of Christ, or the Church of Jesus Christ of Latter-Day Saints, but each of these denominations is allowed to conduct religious services and activities without interference. The Government does not recognize the Baha'i Faith as a religion but does not prohibit the practice of the faith.

The law provides for the right of citizens to travel freely abroad and within the country except in designated military areas; however, there are some restrictions on freedom of movement. The law requires that all women, including foreign women married to citizens, obtain written permission from a male guardian--usually their father or husband--to apply for a Jordanian passport. During the year, there were several cases in which mothers reportedly were prevented from departing with their children because authorities enforced requests from fathers to prevent their children from leaving the country.


The Constitution specifically prohibits the deportation of citizens. However, in July the High Court rejected an appeal challenging the alleged expulsion of four HAMAS leaders, all four of whom are citizens.

There were credible reports that, due to a ban on his entering the country, government officials stopped former Minister of Parliament, Yaqoub Qarrash, at the border in January when he tried to return from Saudi Arabia.


There is no law or statute that provides for the granting of refugee status to asylum seekers.

Municipal elections in July 1999 featured the participation of the parties that had boycotted the 1997 parliamentary elections; however, low voter turnout necessitated a second day of balloting. The process generally was regarded as free and fair.

The so-called one-man, one-vote amendment to the Electoral Law was ratified by Parliament in 1997, nearly 4 years after it was first enacted by royal decree. The amendment allows voters to choose only one candidate in multiple-seat districts. In the largely tribal society, citizens tend to cast their first vote for family members, and any additional votes in accordance with their political leanings. The amendment also limits representation in the largely Palestinian urban areas. As a result, the amendment in practice also has tended to limit the chances of other nontribal candidates, including women, Islamists, and other opposition candidates to be elected.


Of the 80 seats in the lower house, 9 are reserved for Christians, 6 for Bedouins, and 3 for the Circassian or Chechen ethnic minorities.
The Palestinian community, estimated to account for more than half of the total population, is not represented proportionately in the Government and legislature. Nine of 28 ministers, 6 of 40 senators, and 11 of 80 lower house deputies are of Palestinian origin. There also are no Palestinians in any of the 12 governorships throughout the country.


Domestic and international human rights groups investigate allegations of human rights abuses and publish and disseminate findings critical of government policy. However, the Press and Publications Law has restricted the publication of information about the military and security services, which, in effect prevented the publication by domestic groups of reports alleging torture and other abuses committed by the security services. The 1999 amendments to the Press and Publications Law removed these specific restrictions, but restrictions still exist in the Penal Code and other legislation.

The Government generally cooperates with international NGO's.

The law does not distinguish between citizens on the basis of race; however, women, minorities, and others are treated differently under the law and face discrimination in employment, housing, and other areas.

Violence against women is common. Reported incidents of violence against women do not reflect the full extent of the problem. Medical experts acknowledge that spousal abuse occurs frequently. However, cultural norms discourage victims from seeking medical or legal help thus making it difficult to assess the extent of such abuse. Abused women have the right to file a complaint in court against their spouses for physical abuse but in practice familial and societal pressures discourage them from seeking legal remedies.

The Criminal Code allows leniency for a person found guilty of committing a so-called "honor crime," a violent assault with intent to commit murder against a female by a relative for her perceived immodest behavior or alleged sexual misconduct. Law enforcement treatment of men accused of "honor crimes" reflects widespread unwillingness to recognize the abuse involved or to take action against the problem. Twenty-one such murders were reported during the year in which the victims were strangled, stabbed, or shot several times. Human rights monitors believe that many more such crimes were committed but not documented as honor crimes. Moreover, most crimes of honor are not reported by the press. The actual number of honor crimes is believed to be significantly higher. One forensic medical examiner estimated that 25 percent of all murders committed in the country are honor crimes. The police regularly imprison women who are potential victims of honor crimes for their own protection. There were up to 40 women involuntarily detained in this form of "protective custody" during the year.


According to Article 340 of the Penal Code, a "crime of honor" defense may be invoked by a defendant accused of murder who "surprises his wife or any close female relative" in an act of adultery or fornication, in which case the perpetrator of the honor crime is judged not guilty of murder. Although few defendants are able to meet the stringent requirements for a crime of honor defense (the defendant personally must have witnessed the female victim engaging in sexual relations), most avoid trial for the crime of murder, and are tried instead on the charge of manslaughter; even those convicted of murder rarely spend more than 2 years in prison. (In contrast to honor crimes, the maximum penalty for first-degree murder is death, and the maximum penalty for second-degree murder is 15 years.) Such defenses also commonly rely on the male relative having acted in the "heat of passion" upon hearing of a female relative's alleged transgression, usually without any investigation on the part of the assailant to determine the veracity of the allegation before committing the assault. Defenses in such cases fall under Article 98 of the Penal Code. Women may not invoke these defenses for murdering a male relative under the same circumstances, nor may they use them for killing men who attempt to rape, sexually harass, or otherwise threaten their honor.

The law requires a married woman to obtain her husband's permission to obtain a passport. Married women do not have the legal right to transmit citizenship to their children. Furthermore, women may not petition for citizenship for their non-Jordanian husbands.

The husbands themselves must apply for citizenship after fulfilling a requirement of 15 years of continuous residence. Once the husbands have obtained citizenship, they may apply to transmit the citizenship to their children. However, in practice such an application may take years and, in many cases, citizenship ultimately still may be denied to the husband and children. Such children become stateless and lack the rights of citizen children, such as the right to attend school or seek other government services.

Civil law grants women equal pay for equal work, but in practice this law often is ignored.

In March Queen Rania established the National Team for Family Protection (NTFP) to consolidate all issues concerning family safety. On August 20, the Government opened "Dar al Amman," the nation's first child protection center. The facility provides temporary shelter, medical care, and rehabilitation for children ages 6 to 12 years who have suffered abuse.

The Government attempts to safeguard some children's rights, especially regarding child labor.

The Family Protection Unit of the Public Security Department (PSD) works with victims and perpetrators of domestic and sexual violence. The unit deals primarily with child and spousal abuse, providing multiple in-house services, including medical treatment for patients. The unit cooperates with police to apprehend perpetrators of domestic violence, facilitates participation in education and rehabilitation programs, and refers patients to other facilities.
Illegitimate children are entitled to the same rights under the law as legitimate children. However, in practice they suffer severe discrimination in a society that does not tolerate adultery or premarital sex.

Female Genital Mutilation (FGM), a procedure widely condemned by international health experts as damaging to both physical and psychological health, rarely is practiced. However, one southern tribe of Egyptian origin in the small village of Rahmah near Aqaba reportedly practices FGM. One local Mufti issued a fatwa stating that FGM "safeguards women's chastity and protects them against malignant diseases by preventing fat excretions." However, the Mufti also stated that as FGM is not a requirement of Islam, women who do not undergo this procedure should not be embarrassed.

High unemployment in the general population restricts job opportunities for disabled persons, estimated by the Ministry of Social Development to number 250,000.

In general Christians do not suffer discrimination; however, there were some instances of official and societal discrimination during the year. Christians hold government positions and are represented in the media and academia approximately in proportion to their presence in the general population.

Palestinians residing in Jordan, who make up more than half of the population, suffer discrimination in appointments to positions in the Government and the military, in admittance to public universities, and in the granting of university scholarships.

Workers in the private sector and in some state-owned companies have the right to establish and join unions.

Unions have, and exercise, the right to bargain collectively. The Constitution prohibits antiunion discrimination, but the ICFTU claims that the Government does not protect adequately employees from antiunion discrimination and that the Government has dismissed public-sector employees for political reasons.

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