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Title: Jordan Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
JORDAN
King Hussein has been on the throne of the Hashemite Kingdom of Jordan
since 1952. The Constitution concentrates a high degree of executive
and legislative authority in the King, who determines domestic and
foreign policy. The Prime Minister and Cabinet manage the daily affairs
of government. The Parliament consists of a 40-member Senate appointed
by the King and an 80-member Chamber of Deputies elected by the people.
Since 1989 the lower house has increasingly asserted itself. Reflecting
this trend, the Cabinet named in January 1996 included 22 deputies from
the lower house.
The General Intelligence Directorate and the Public Security Directorate
share responsibility for maintaining internal security and have broad
authority to monitor the activities of persons believed to be security
threats. The security forces continue to commit human rights abuses.
The State Security Court and broad police powers remain as vestiges of
martial law, which the Government revoked in 1991.
Jordan has a mixed economy with significant government participation in
industry, transportation, and communications. Jordan has few natural
resources and is financially dependent on foreign assistance and
remittances from Jordanian nationals working abroad. Because of the
Government's policies during the 1990-91 Gulf crisis, some Arab
countries in the Gulf discontinued financial aid, expelled many
Jordanian guest workers, and placed restrictions on imports of Jordanian
goods. The domestic economy has been buffeted by high unemployment and
inflation, and a sharp reduction of exports to Iraq due to United
Nations sanctions against that country. Per capita gross domestic
product was estimated at $1,459 for 1994.
Since the revocation of martial law in 1991, there has been a steady
improvement in the human rights situation. Nonetheless, problems
remain, including arbitrary arrest; mistreatment of detainees; prolonged
detention without charge; lack of due process; harassment of opposition
parties; restrictions on the freedoms of press, assembly, and
association; official discrimination against adherents of the Baha'i
faith; and restrictions on women's rights. Since the signing of the
Jordanian-Israeli Peace Treaty in October 1994, opposition complaints
about the Government's human rights record have increased.
Discrimination against the Bedouin, violence against women, and abuse of
children are problems. Citizens do not have the right to change their
form of government, although in recent years the King has taken steps to
increase participation in the political system, such as legalizing
political parties. Nationwide municipal elections held in July were
largely free and fair despite opposition accusations of government
misconduct.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no confirmed reports of political or other extrajudicial
killings. However, opponents of the Government charged that security
forces used excessive force in June when they killed Mahmud Khalifah and
wounded his brother Bashir, after the pair used firearms to resist
arrest. The two were wanted for shooting at police patrol cars and
sending faxes critical of the Government and the King to prominent
citizens. The Government insists that there is insufficient evidence of
security force wrongdoing. The Attorney General is reviewing the case.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Although the Legal Code provides prisoners with the right to humane
treatment, security and other police forces allegedly abuse detainees
physically during interrogation. Torture allegations are difficult to
verify because security officials frequently deny detainees timely
access to lawyers. The most frequent alleged methods of torture are
sleep deprivation, beatings, and extended solitary confinement.
Local police detention facilities are spartan but generally clean.
Prisons are believed to meet minimal international standards. Prisoners
detained on national security grounds are often kept in separate prisons
maintained by the General Intelligence Directorate or military
intelligence.
In response to allegations of abusive treatment of prisoners, the
Government permitted members of a parliamentary committee to visit the
Suwaqa Prison south of Amman in March. Committee members indicated that
they were satisfied with prison conditions. According to one deputy,
none of the prisoners interviewed by the Committee had undergone
torture, and that the authorities punish only violators of prison rules.
However, lawyers for two men held in connection with the attack on a
French diplomat (see Section l.e.) claim that their clients were
subjected to mental and physical abuse during interrogation. Defendants
in other state security cases also claim to have been beaten.
The Government grants access to the International Committee of the Red
Cross (ICRC) to prisons and prisoners twice a month.
d. Arbitrary Arrest, Detention, or Exile
Citizens are subject to detention, trial and punishment for the
defamation of heads of state, dissemination of "false or exaggerated
information outside the country which attacks state dignity," or
defamation of public officials.
The Criminal Code requires legal authorities to file formal charges
within 10 days of arrest. The courts routinely grant requests from
prosecutors for 15-day extensions as provided by law. This practice
generally extends pretrial detention for lengthy 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.
Observers estimate that as many as 400 persons are detained each year
for national security reasons. All but a few are generally released
after questioning.
The Government does not exile persons with full citizenship rights (see
Section 2.d.).
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary.
Several court rulings against the Government in the past year, including
two by the Court of Cassation involving national security cases,
indicate that the judiciary functions independently as provided for in
the Constitution (see below).
There are several types of courts. Most criminal cases are tried in the
civilian courts, which include appeals courts, the Court of Cassation,
and the Supreme Court. Cases involving sedition, armed insurrection,
financial crimes, and drug-trafficking are tried in the State Security
Court, a remnant of the pre-1991 martial law period. Islamic, or
Shari'a, courts have jurisdiction over marriage and divorce among
Muslims and inheritance cases involving both Muslims and non-Muslims
(see Section 5).
Most trials are open in the civilian courts. Defendants are entitled to
legal counsel, may challenge witnesses, and have the right to appeal.
Defendants facing the death penalty or life imprisonment must be
represented by legal counsel.
The State Security Court is comprised of panels of three judges, who may
be either civilians or military officers. It frequently restricts
public attendance at its trials. Defendants tried in the State
Security Court are often held in extended pretrial detention without
access to lawyers, although they are visited by representatives of the
ICRC. In the State Security Court, judges have inquired into
allegations of torture and have permitted the testimony of physicians
regarding these allegations; but to date the Court has not invalidated a
confession obtained under duress. Defendants in the State Security
Court have the right of appeal to the Court of Cassation, which is
authorized to review the testimony, evidence, and judgment. Appeals are
automatic for cases involving the death penalty.
However, defense attorneys have challenged the appointment of military
judges to the State Security Court to try civilian cases as contrary to
the concept of an independent judiciary. The Government has countered
that military judges receive adequate training in civil law and court
procedure and that all court decisions are reviewed by the Court of
Cassation. For the first time since the creation of the State Security
Court, the Government appointed a panel of civilian judges to hear a
case in December.
In early 1995, the Court of Cassation overturned the verdicts of four
members of the outlawed Islamic Liberation Party who were sentenced in
1994 to 3 years' imprisonment for distributing leaflets slandering the
King and for membership in an illegal organization. Two of the
defendants were tried in absentia. The two who were in custody were
denied access to lawyers until a month prior to their trial.
In March the Court of Cassation overturned the convictions in the so-
called Arab-Afghan case, in which a group of 25 Jordanians and other
Arabs were charged with sedition, and sent the case back to the State
Security Court for retrial. The defendants had been tried in 1994
before the State Security Court, which sentenced 11 of them to death, 7
to various prison terms, and acquitted the remaining 7. In ordering the
retrial, the Court of Cassation agreed with the defense's contention
that the charges in the original indictment did not fall within the
jurisdiction of the State Security Court. The defendants were retried
on a revised indictment. In the retrial, the State Security Court
acquitted 1 defendant and found 10 others guilty. Four were sentenced
to death (2 in absentia); the others received prison terms of 7 to 20
years. The Court of Cassation reviewed the retrial in January 1996. It
upheld all of the verdicts but commuted the death sentences of the two
defendants in custody to life imprisonment; two others sentenced to
death are at large.
The State Security Court also began the trials in several other cases:
In one case, four men were charged with mounting an armed attack on a
government office in the Baq'a Refugee Camp in January. In a second
case, the Government arrested six members of the previously unknown
"Islamic Renewal Movement" for possessing explosives and automatic
weapons and for membership in an illegal organization. In a third case,
13 persons belonging to the previously unknown group called "Bay'at Al-
Imam" ("Allegiance to the Imam") were arrested for obtaining weapons for
use in illegal activities. In a fourth case, two men were tried for
attacking a French diplomat and his wife in February. They were charged
with plotting to carry out extremist attacks, possessing illegal arms
and explosives, and manufacturing explosives. The trials were ongoing
at year's end.
In December the State Security Court began trials in two cases involving
the exercise of free speech. 'Ata Abu Rishtah, spokesman for the
Islamic Liberation Party, was put on trial for allegedly slandering the
King in a newspaper interview. The editor of the weekly that published
the interview also faces prosecution. Also Layth Shubaylat, a prominent
dissident and president of Jordan's Engineers Association, was put on
trial for slandering the King and Queen and for related charges stemming
from his lectures which were critical of the peace treaty with Israel.
Shubaylat has been detained without bail. Both cases were pending at
year's end.
The Government considers the Shubaylat case to be a criminal matter,
although international human rights groups have expressed their concern.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The authorities generally respect the Constitutional prohibitions of
such practices. In most cases, the police must obtain a warrant from
the Prosecutor General or a judge before conducting searches. However,
in security cases, authorities sometimes--in violation of the law--
obtain warrants retroactively or obtain preapproved warrants. Security
officers reportedly monitor telephones, read correspondence, and engage
in surveillance of persons who allegedly pose a threat to the regime.
While these practices are not believed to be widespread, the law permits
them if the Government obtains a court order.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, and
citizens generally do not hesitate to openly criticize the Government.
However, the Press and Publications Law of 1993 restricts coverage of 10
subjects, most notably the military services, the royal family, and
monetary policy. In addition, journalists engage in self-censorship
when reporting security issues and opposition to the Government.
The Government exercises control over the independent print media by
requiring licenses for newspapers and periodicals. However, the 1993
law eased licensing requirements and does not prescribe penalties for
publishing without a license. The Government may revoke a license only
if a company fails to publish for an extended period of time. The
Government has licensed nine new weeklies and dailies in 1995.
The Government also requires licenses for journalists, editors, and
publishers. Journalists have long complained about the requirement that
they must join the government-sponsored Jordan Press Association (JPA).
However, the Government has not taken legal action against journalists
who refuse to join the Association. The press law offers limited
protection for the confidentiality of a journalist's sources.
In September the Ministry of Information permitted the establishment of
a foreign press club. Foreign journalists and Jordanians working for
foreign news agencies must also register with the Ministry of
Information.
The Penal Code authorizes the State to take legal action against any
person who incites violence, defames heads of state, disseminates "false
or exaggerated information outside the country which attacks state
dignity," or defames public officials. Government prosecution of
journalists for slander picked up following a November speech by King
Hussein that sharply criticized the media for abusing its freedom. The
Government also revived several cases against journalists which had been
dormant for more than a year. The Government had promised to introduce
amendments to the Press and Publications Law that would further tighten
restrictions and increase monetary and other penalties, but no
amendments had been introduced by year's end. Journalists accused of
violating the law are tried in a special court for press and copyright
cases. In 1995 the court heard approximately 20 cases related to
freedom of the press; in two cases it issued guilty verdicts and fines
of $143 (100 Jordanian Dinars) each. Defendants in the other cases were
found innocent. Amman correspondent for Al-Hayat Salamah Na'mat was
detained in October for several days' questioning and later charged with
slander, inaccurate reporting, and "damaging national unity" under the
Press and Publications Law. The trial began in December and was ongoing
at year's end.
The Government banned issues of two weekly newspapers in 1995. In
January the Government accused these newspapers of distorting facts,
fabricating stories, and publishing obscene photos. It suspended their
publication licenses in February because their chief editors were not
registered with the JPA. The suspensions were revoked 2 months later by
court order.
Radio and television news is more restricted than print media.
Television news airs criticisms of the Government but rarely covers
alleged human rights abuses. All political parties have access to
broadcast facilities, but the cost of air time is prohibitively high.
International television programs are available by satellite.
The Government does not usually interfere with the importation of
foreign newspapers and magazines. However, a weekly issue of the Paris-
based Al-Muharir was banned in January for publishing an interview in
which Libyan leader Mu'ammar Al-Qadhafi criticized Arab countries for
making peace with Israel.
In the past, some leftist and Islamist university professors were
dismissed for advocating extremist political views. Intellectuals
believe that there are no safeguards to prevent future dismissals.
b. Freedom of Peaceful Assembly and Association
Citizens must obtain permits for public gatherings. Since 1989 the
Government has granted permits for peaceful demonstrations. It
routinely licenses political parties and has licensed 23 of them since
1992. Membership in an unlicensed party is illegal. The High Court of
Justice may dissolve a party if it violates the Constitution or the
Political Parties' Law. The Government has no discretion to deny a
license to a party that submits a complete application, including names
of the founders, financial information, and bylaws.
The Government has become concerned about public dissent arising from
the peace treaty signed with Israel in 1994. In 1995 it denied permits
for public protests and rallies in opposition to the treaty. In May the
Government rescinded a previously issued permit for a conference
sponsored by 11 political parties opposed to the normalization of
relations with Israel.
The Government has also sought to limit the political activities of
professional organizations. In January the Interior Ministry denied a
permit for the Al-Urdun Al-Jadid Political Research Center and the
Business and Professional Women's Club to hold a workshop on the new
draft election law. Senior government officials have warned these
organizations to abide by legal requirements that they remain
"apolitical." In August security forces closed the professional
associations office building in Amman, preventing a union meeting
against normalization with Israel. Despite its warnings against
political activities, the Government had not introduced legislation by
year's end to tighten control over the professional associations.
The Government also harassed the supporters of the Islamic Action Front
(IAF), an Islamist political party, during the municipal elections held
in July. According to the Public Freedoms and Citizens Rights
Committee, government officials broke up several IAF meetings during the
election campaign and warned shopkeepers in several towns not to display
posters or banners for IAF candidates. The Prime Minister denied that
the Government interfered in the election campaign.
c. Freedom of Religion
According to the Constitution, Islam is the state religion. Sunni
Muslims constitute over 90 percent of the population. The Government
controls the mosques through the Ministry of Religious Affairs and
Trusts, which appoints imams and subsidizes activities sponsored by the
mosques. In September the Government reaffirmed the year-old ban
prohibiting 25 Islamist parliamentarians from preaching in the mosques.
Islamic instruction is required for all Muslim students in public
schools.
The Government does not interfere with public worship by Jordan's
Christian minority. The Government does not recognize the Baha'i faith
as a religion but does not prohibit the practice of the faith.
The law prohibits non-Muslims from proselytizing. Muslims who convert
to other faiths complain of social and government discrimination. The
Government does not fully recognize the legality of such conversions.
Under Islamic law, converts are regarded as apostates and may, in
principle, be legally denied their property and other rights, although
this does not happen in practice. Converts from Islam do not fall under
the jurisdiction of their new religion's laws in matters of personal
status and are still considered Muslims under Shari'a law.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for the right of citizens to travel freely abroad and
within Jordan except in and through military areas. The law requires
that Jordanian women and foreign women married to Jordanians obtain
written permission from a male guardian to travel abroad or apply for a
passport. This requirement is normally enforced only when a married
woman plans to travel abroad with children. Legal authorities enforce
requests from fathers to prevent their children from departing the
country, even when traveling with their mothers.
Many Palestinian residents are Jordanian citizens, with the rights of
citizenship. Jordanians with full citizenship receive passports valid
for 5 years. Until 1995 the Government issued passports with 2-year
validity to Palestinians who arrived after 1967, as well as to
Palestinians in areas under Israeli occupation who did not have other
travel documentation. In October the King announced that virtually all
applicants would be eligible for 5-year passports. The Government
stresses that these passports are for travel only; they do not denote
nationality. Palestinians must obtain permits from the Ministry of
Interior for travel between Jordan and the Israeli-occupied territories
and neighboring states. Such permits are routinely granted.
Over 1.2 million Palestinian refugees are registered in Jordan with the
United Nations Relief and Works Agency. The Agency counts another
800,000 Palestinians as displaced from the 1967 war, arrivals following
the 1967 war, and returnees from the Gulf. The Government cooperates
with the United Nations High Commissioner for Refugees in assisting
refugees. In 1994 the Government conducted a regularly scheduled
census, which included questions for Palestinians about their family
ties to Jordan. The full results of the census have not yet been
released. The Constitution prohibits the deportation of citizens. The
Government has deported non-Jordanians for security reasons.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Executive and legislative powers are so concentrated in the hands of the
King that citizens do not have any meaningful ability to change their
system of government. The King has sole discretionary authority to form
and dismiss the Cabinet, dissolve Parliament, and establish the broad
outlines of public policy. Appointments made by the King to high
government posts do not require legislative approval. The Prime
Minister and the Cabinet have limited policymaking powers.
The Parliament is composed of a Senate appointed by the King and a
Chamber of Deputies elected by the people. Of the 80 seats in the
Chamber, 9 are reserved for Christians, 6 for Bedouins, and 3 for the
Circassian or Chechen ethnic minorities. The Parliament is empowered to
approve, reject, or amend legislation proposed by the Cabinet. In
practice, Members of Parliament ask the Government to submit specific
legislation for consideration. The Parliament may amend such draft
legislation. The King may propose extraordinary sessions of Parliament
and may postpone regular sessions up to 60 days. The King must approve
by decree all laws passed by Parliament. If the Government amends or
enacts a law when Parliament is not in session, it must submit the law
to Parliament for consideration during the next session.
Women have the right to vote and women's groups encouraged women to vote
in the July municipal elections. In the Amman area, over 43 percent of
those who voted were women. During 1995 there were two women in the
Cabinet, one in the Chamber of Deputies, and two in the Senate. Eleven
women were elected to municipal posts in 1995, including 1 as mayor.
The Palestinian community, estimated to be slightly over one-half of the
total population, is not represented proportionately in the Government.
Four of 30 ministers, 7 of 40 senators, and 15 of 80 lower house
deputies are of Palestinian origin. The electoral system gives greater
representation to south Jordan, which has few inhabitants of Palestinian
origin.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Local and international human rights groups investigate allegations of
human rights abuses and have published and disseminated findings
critical of government policy. However, the Press and Publications Law
restricts the publication of information about the military and security
services, which, in effect, prevents the publication of reports alleging
torture and other abuses committed by the security services.
The ICRC is granted permission to visit prisoners and assess the
condition of security detainees. Early in the year, the Government
hampered the ICRC's regular biweekly visits to detainees held by the
General Intelligence Directorate. However, the ICRC's regularly
scheduled access resumed following a June meeting between the Crown
Prince and ICRC officials.
The Arab Organization for Human Rights and the Amman-based Peace Center
for Humanitarian Studies are registered with the Government and have
raised human rights cases with government officials. Both organizations
have drawn public attention to alleged human rights abuses and have
pressed the Government to explain the status of some prisoners and to
charge or release the prisoners promptly.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
Though Jordanian law does not distinguish between citizens on the basis
of race, women and minorities are treated differently under the law and
may face discrimination in employment, housing, and other catagories.
Women
Violence against women over the age of 15 is common. Reported incidents
of all crimes against women declined in 1995, although medical experts
acknowledge that spousal violence against women occurs frequently.
However, cultural norms constrain victims from seeking medical or legal
help and frustrate a scientific assessment of the extent of the abuse.
Abused women have the right to file a complaint in court against their
spouses, but in practice, familial and societal pressures discourage
them from seeking legal remedies. Nongovernmental organizations provide
assistance, such as the Jordanian Women's Union's hot-line to victims of
domestic violence. Wife beating is technically grounds for divorce, but
the husband may seek to demonstrate that he has authority from the Koran
to correct an irreligious or disobedient wife by striking her.
The Criminal Code allows for leniency for persons found guilty of
committing a "crime of honor," the term commonly used for a violent
assault against a female by a male relative for alleged sexual
misconduct. The press reported 15 such cases in 1995, down from 23
reports in 1994. However, these figures likely understate the actual
number of cases, as most crimes of honor are not reported by the press.
According to the law, a "crime of honor" defense may be invoked only by
a defendant who "surprises his wife or any close female relative
committing adultery." Women may not invoke this defense for murdering a
male relative under the same circumstances. Even if the defense cannot
meet the stringent requirements for a crime of honor defense--the
defendant must have witnessed the female victim engaging in sexual
intercourse--offenders rarely spend more than 2 years in prison. In
contrast to honor crimes, the maximum penalty for first-degree murder is
death; the maximum penalty for second-degree murder is 15 years.
Women experience legal discrimination in matters of pension and social
security benefits, inheritance, divorce, and the value of testimony in
court (see Section l.e.). The Government provides men with more
generous social security benefits than women. The Government continues
pension payments of a deceased male civil servant to his heirs but
discontinues the payments of a deceased female civil servant.
Under Shari'a or, Islamic law, female heirs receive half the amount of a
male heir's inheritance while the non-Muslim widows of Muslim spouses
have no inheritance rights. A sole female heir receives half her
parents' estate; the balance goes to designated male relatives. A sole
male heir inherits all his parents' property. Male Muslim heirs have
the duty to provide for all family members who need assistance.
Shari'a law regards the testimony of two women to be equal to the
testimony of one man. This technically applies only in religious courts
but in the past has been imposed in civil courts as well, irrespective
of religion. Men are able to obtain divorce more easily than women
under Islamic law. Marriage and divorce matters for Christians are
adjudicated by special courts for each denomination. The Government
bans married women from applying for diplomatic posts.
The law requires a married woman to obtain her husband's permission to
obtain a passport (see Section 2.d.). Married women do not have the
legal right to confer citizenship on their children. However, they may
obtain citizenship for their non-Jordanian husbands who then may confer
citizenship for the children. Civil law grants women equal pay for
equal work, but in practice this law is sometimes ignored.
Social pressure against women pursuing a career is generally strong.
Nonetheless, women have employment opportunities in many professions,
including engineering, medicine, education, and law. Women's groups
stress that the problem of discrimination is not only one of law but
also of women's lack of awareness of their rights or unwillingness to
assert those rights. The United Nations Food and Agricultural
Organization reported in 1995 that women in Jordan who work in
agriculture average 15-hour days and earn less than men. The Jordanian
chapter of the Business and Professional Women's Club gives seminars on
women's rights and assists women in establishing small businesses.
Children
The Government is committed to children's rights and welfare in the
areas of education and health. However, the Government's progress in
these areas is constrained by limited financial resources.
The Government guarantees some children's rights, especially regarding
child labor. Although the law prohibits children under the age of 16
from working, child peddlers work the streets of Amman. The Ministry of
Social Development has formed a committee to address the problem and in
most cases removes the children from the streets, returns them to their
families or to juvenile centers, and may provide the families with a
monthly stipend. However, the child usually returns to the streets soon
afterwards. Corporal punishment in schools is prohibited.
Although the problem is difficult to quantify, social workers say there
is a significant incidence of child abuse within families. The law
specifies punishment for specific abuses against children. Rape and
sodomy of a child under 15 years of age carry the death penalty. Four
men were executed in July for the sodomy and murder of a 4-year-old boy,
and another man was executed in December for the rape and murder of a
14-year-old girl. In January 1996, the Court of Cassation upheld the
death sentence of a man for repeatedly raping and threatening the life
of a 10-year-old girl. The incidence of crimes, especially sexual
crimes, against children is significantly higher than reported in the
press.
People with Disabilities
High unemployment in the general population restricts job opportunities
for the disabled. The Government passed legislation in 1993 requiring
future public buildings to accommodate the needs of the disabled and the
retrofitting of existing public buildings, but implementation has been
slow. The Special Education Department of the Ministry of Social
Development admitted 14 new disabled persons into their special centers
and placed 5 disabled persons in public and private sector jobs. The
Ministry provided the employers with specialized facilities for the
disabled and exempted the company from customs and taxes. Private
organizations and members of the royal family actively promote programs
to educate and rehabilitate the disabled.
Indigenous People
The Bedouin population carry Jordanian passports and are increasingly
assimilated into society. However, they do face social, economic, and
professional discrimination. The Government reserves 6 seats for the
Bedouin in the Chamber of Deputies. The military and police forces have
special units primarily composed of Bedouins.
Religious Minorities
The Government does not recognize the Baha'i faith as a religion. It
does not record the religion on national identity cards issued to
Baha'is, nor does it register property belonging to the community.
Unlike Christian denominations, the Baha'i community does not have its
own court to adjudicate personal status and family matters. Baha'i
personal status matters are heard in Islamic law courts.
The Government does not officially recognize the Jehovah's Witnesses,
the United Pentecostal Church, the Church of Christ, and the Church of
Jesus Christ of Latter-Day Saints, but it allows them to conduct their
activities without harassment.
Established religions require official government recognition in order
to register property in the name of the church, but members may practice
their religion without government recognition. In general Christians do
not suffer discrimination. Christians hold cabinet and other
government positions and are represented in the media and academia
approximately in proportion to their presence in the general population,
which is estimated at 6 percent. Christian and Baha'i children in
public schools are not required to participate in Islamic religious
instruction.
National/Racial/Ethnic Minorities
The Government granted full citizenship to all Palestinians who fled to
Jordan in the period after the 1948 Arab-Israeli War and to a large
number of refugees who arrived after the 1967 war. However, refugees
who fled Gaza after 1967 are not entitled to citizenship and until 1995
were issued only limited 2-year passports. As of October, most
Palestinian refugees became eligible to receive 5-year passports, but
the Government has stressed that these passports are for travel only and
do not connote nationality (see Section 2.d.). Palestinians suffer
disproportionate scrutiny in taxation and discrimination in the award of
university scholarships and appointments to senior positions in the
Government and the military.
Section 6 Worker Rights
a. The Right of Association
Workers in the private sector and in some state-owned companies have the
right to establish and join unions. Unions must be registered to be
considered legal. The law prohibits union membership for noncitizens.
Over 30 percent of the work force is organized into 17 unions. Although
union membership in the General Federation of Jordanian Trade Unions
(GFJTU), the sole trade federation, is not mandatory, all unions belong
to it. The Government subsidizes and audits the GFJTU's salaries and
activities. Union officials are elected by secret ballot to 2-year
terms. Although the Government cosponsors and approves the timing of
these elections, it does not interfere in the choice of candidates.
Labor laws mandate that workers must obtain permission from the
Government in order to strike. Unions generally will not seek approval
for a strike, but workers will use the threat of a strike or wildcat
action as a negotiating tactic. Strikes are prohibited if a labor
dispute is under mediation or arbitration. If a settlement is not
reached through mediation, the Ministry of Labor may refer the dispute
to an industrial tribunal by agreement of both parties. If only one
party agrees, the Ministry of Labor refers the dispute to the Council of
Ministers and then to Parliament. The tribunal is an independent
arbitration panel of judges appointed by the Ministry of Labor. The
decisions of the panel are legally binding. Labor law prohibits
employers from dismissing a worker during a labor dispute. There were
no reported strikes in 1995.
The GFJTU belongs to the Arab Labor Organization, the International
Confederation of Arab Trade Unions, and to the International
Confederation of Free Trade Unions (ICFTU).
b. The Right to Organize and Bargain Collectively
Unions have, and exercise, the right to bargain collectively. The
Constitution prohibits antiunion discrimination, but the ICFTU claims
that the Government does not adequately protect employees from antiunion
discrimination and that the Government has dismissed public-sector
employees for political reasons. Workers may lodge complaints of
antiunion discrimination with the Ministry of Labor, which is authorized
to order the reinstatement of employees discharged for union activities.
The Ministry did so in 3 out of 8 cases in 1993-94.
The national labor laws apply in the free trade zones in Aqaba and
Zarqa. Private sector employees in these zones belong to one national
union that covers both zones and have the right to bargain collectively.
c. Prohibition of Forced or Compulsory Labor
The Constitution forbids compulsory labor, except in a state of
emergency such as war or natural disaster. Compulsory labor is not
practiced.
d. Minimum Age for Employment of Children
Labor law forbids children under the age of 16 from working except as
apprentices, who at age 13 may begin part-time training, for up to 6
hours a day and no night work. Ministry of Labor inspectors attempt to
enforce the law on child labor, but in practice enforcement often does
not extend to some small family businesses which employ underage
children. Education is compulsory to age 15. Families in remote areas
frequently keep some school-age children at home to work. Child
peddlers work on the streets of Amman (see Section 5).
e. Acceptable Conditions of Work
There is no national minimum wage. The Government periodically adjusts
a minimum wage schedule for various trades, based on recommendations of
an advisory panel representing workers, employers, and the Government.
The lowest minimum wage rate on the schedule is about $150 (80 dinars) a
month, including allowances. Workers earning the lowest wage find it
difficult to stay above the poverty level, which the Government
estimates at a monthly wage of about $93 (65 dinars) per month for a
family of three.
The law prohibits most workers from working more than the customary 48
hours a week, and 54 hours for hotel, restaurant, and cinema employees.
Workers may not work more than 16 hours in any continuous period or more
than 60 hours' overtime per month. Employees are entitled to 1 day off
each week. The law does not apply to domestic servants, who do not have
a legal forum to address their labor grievances. Domestic servants,
almost all of whom are foreigners, have no standing to sue in court for
nonpayment of wages.
The law specifies a number of health and safety requirements for
workers, including the presence of bathrooms, drinking water, and first
aid equipment at work sites. The Ministry of Labor makes an effort to
enforce health and safety requirements but is hampered by the lack of
qualified inspectors. The inspectors do not have the power to order
firms to comply with health and safety standards. The law does not
require employers to report industrial accidents or occupational
diseases to the Ministry of Labor. Workers do not have a statutory
right to remove themselves from hazardous conditions without risking
loss of their job.
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[end of document]
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