Recommendations

To the Jordanian Government

A. In order to comply with its international obligations regarding the right to freedom of assembly, the Jordanian government should:

With respect to the Law on Public Gatherings (No. 7/2004):

Amend the law to:

Define specifically the meaning of public gathering that falls within the purview of this law. Include only gatherings in publicly accessible places or those that are open to the public.
Remove the requirement for permission and allow only notification of the authorities before holding a public gathering within a period of time to allow for reasonable security and public order measures to be taken to protect the right to assembly and the rights of others.
Require that reasons be given when the government refuses the right to hold public meetings and allow an expedited appeal of such a decision in court.
Require any restrictions placed on the public gathering to be strictly necessary on the grounds of protecting public order, public morals and the rights of others in keeping with the jurisprudence of the UN Human Rights Committee on the interpretation of those terms.

B. In order to comply with its international obligations regarding the right to freedom of association, the Jordanian government should:

1. With respect to the draft 2007 Law on Charitable Societies and Social Institutions:

Amend the draft law to:

Ensure that all groups formed for any legal purpose are allowed to acquire legal personality by:
- Making registration of associations automatic once these associations fulfill the formal requirements;
- Removing sex-based restrictions for membership in NGOs;
- Removing restrictions on conditions for merging NGOs, opening branch offices, creating NGO unions, or affiliating with foreign NGOs; and
- Abolishing penalties for participation in unregistered NGOs.
Remove the Ministry of Social Development’s authority to:
- Appoint one member of the management board of Local Charitable Organizations;
- Vet and confirm members of the management board;
- Attend board meetings or any other meetings and require notification of meetings;
- Appoint a temporary board of management;
- Demand submission of any kind of information by the NGO, including meeting minutes; and
- Search the premises of an NGO and confiscate documents without a showing of cause or obtaining a warrant from an authorized court.
Restrict the Ministry of Social Development’s authority to dissolve any association. Involuntary dissolution of an association should take place only by appealable judicial order, and only as a result of the most egregious violations of the law.
Permit receipt of donations or transfers from Jordanian or foreign donors without the government’s approval, as long as all foreign exchange and customs laws are satisfied.
Permit foreign NGOs to register in Jordan under the same conditions as local NGOs.

2. With respect to Regulation of Non-profit Companies (No. 60/2007):

Amend the Regulation to:

Remove the authority of the controller-general for companies to reject registration of non-profit companies on public order grounds.
Remove restrictions on fields of operation for non-profit companies and allow all such companies engaging in activities for the public good or the benefit of its members to register.
Remove restrictions on the activities of non-profit companies and allow them to engage in any lawful activity.
Permit receipt of donations or transfers from Jordanian or foreign donors without the government’s approval, as long as all foreign exchange and customs laws are satisfied.
Remove the role of monitoring non-profit companies’ output from the Ministry of Trade and Industry.
Narrowly interpret public order and public morals violations that may lead to the liquidation of a non-profit company, in conformity with Article 22 of the International Covenant on Civil and Political Rights and the jurisprudence of the UN Human Rights Committee.
Remove the Ministry of Trade and Industry authority to put non-profit companies into liquidation without a judicial order subject to appeal.

3. With respect to ongoing court cases against NGOs:

Reinstate the management boards of the General Union of Voluntary Societies, the General Union of Voluntary Societies-Capital Governorate, and the Islamic Center Society.
Move to a speedy trial in any case where there is reasonable suspicion that officials in an NGO broke the law; dismiss cases where charges are based on provisions of the law that violate rights to freedom of assembly and association and/or are motivated by a desire to punish or harass those deemed to be critical of the government or for expressing political opinions.
Hold government officials judicially accountable for violations of Jordanian law and interference with the right to freedom of association and assembly.

To the United States

Ensure that Jordan’s eligibility for funding through the Millennium Challenge Corporation and bilateral aid under the cash transfer is conditioned on amending laws of assembly and association to abide by international human rights law.
Clarify that US monetary transfers to Jordan will be significantly reduced should the government interfere in USAID decisions for funding Jordanian NGOs, such as from its Middle East Partnership Initiative fund or the Economic Support Fund.

To the European Union and its Member States

Discuss the right to freedom of association within the Association Committee, and, in line with the EU’s Action Plan for Jordan, make specified funding to Jordanian government bodies conditional on a revised NGO law.
Discuss the right to freedom of assembly within the Association Committee, and make specified EU funding to Jordanian government bodies conditional on reform of laws and practices concerning the right to public assembly.

To the US Government and the EU

Ensure that US and EU government officials and politicians visiting Jordan are briefed on the state of Jordanian compliance with human rights and its efforts and transparency in addressing human rights violations and instructed to raise these concerns systematically.
Speak out publicly when Jordan lags in taking steps to come into compliance with international human rights norms, and impose the targeted withholding of funding to Jordan in response to specific failures to take rapid steps to address gaps in compliance.

December 2007

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