Jordan Times
Thursday, June 16, 2005
NCHR report details mechanisms to address gaps in human
rights spheres
By Alia Shukri Hamzeh and Dalya Dajani
AMMAN — National Centre for Human Rights (NCHR) Director Ahmad Obeidat urged the country's concerned authorities on Wednesday to utlilise the centre's first report as a base for broader dialogue and a future national strategy.
A week after the report was sent to the prime
minister as well as speakers of the Lower and Upper Houses of Parliament,
Obeidat told the media that civil society and government entities should
consolidate their efforts to advance human rights.
He said the report, which covers the period from June 2003 to December 2004,
lays out in a comprehensive and objective manner what needs to be done to
address gaps in numerous human rights spheres.
The NCHR report shows that the Kingdom had made reasonable progress in some
human rights areas, but still fell short in others.
The report indicates that human rights in the country were “good” as far as
plans and general policies were concerned, “acceptable” in regards to economic,
social and culture rights, but remained “weak” in the fields of civil and
political rights.
The report cites the Elections Law, under which the June 2003 polls were held,
as a prevailing barrier to the country's democratic progress since it reduces
political parties' chances of getting their candidates to Parliament.
On elections, it notes that the 17-month delay in holding the general polls
impeded the country's democratic process. The delay, prompted by international
and regional political developments, had provided a breeding ground for the
issuance of more temporary laws — an issue regarded by many legal and human
rights activists as unconstitutional.
The report says 186 temporary laws were issued by the executive authority during
that period.
The delay was also seen as limiting citizens' right to public participation in
decision making and causing an imbalance in authoritative power.
The one-person, one-vote system also had negative implications on the democratic
process in the country because it restricted people's freedom of choice,
promoted tribalism and contradicted principles of equality and justice in
representation, the report adds.
The controversial Public Assembly Law, which restricts holding public events
pending official approval, was also cited as a setback to freedom of expression
and a violation of human rights and international conventions which the Kingdom
is signatory to. The law stipulates that organisers of events must file for
permission from the authorities three days in advance. Events held without prior
approval are considered illegal and often banned.
Government measures related to the 1988 disengagement from the West Bank were
also cited as having negatively affected the rights of many citizens, such as
their rights to legal status, mobility, residency and education. The report says
the centre received 70 complaints from individuals claiming their Jordanian
documents were replaced with temporary identification cards.
Furthermore, the report says the centre received more than 250 complaints in
2004 from citizens who charged that the security forces were using torture to
extract testimonies from suspects. It adds that the relationship between
citizens and the security forces was one based on fear and suspicion despite
efforts to build trust.
On freedom of expression, the report quotes a majority of journalists questioned
by the centre as saying their freedoms were limited and citing pressure and
interference from the authorities as well as censorship and arbitrary arrests.
According to Obeidat, the Kingdom still faces numerous challenges in promoting
its human rights record. However, there were promising signs of progress,
especially with closer cooperation from the government, he told journalists.
The government has set up a special committee to examine the report and issue
recommendations to the relevant departments and entities.
The centre, mandated to promote the values of human rights, democracy and social
equality, has received thousands of complaints since its inception in 2002,
according to the NCHR director.
However, most of the complaints filed did not fall under the centre's
jurisdiction and were forwarded to the relevant entities. The NCHR has set up a
committee to handle complaints lodged by citizens.
Obeidat said the centre faced many obstacles when preparing the report,
including financial strains and restrictions on visitation rights to detention
centres.
The NCHR also suffered from lack of cooperation from numerous government bodies,
due to what it said was a lack of awareness of the centre's role and its legal
status.
“There was a sense of confusion in regards to the status of the centre and its
nature. The NCHR is an administratively and financially independent body with a
clear mandate and aims, regardless of funds designated by the government,”
Obeidat told reporters.
The 70-page report also highlights human rights violations in various areas
pertaining to the right to life and personal safety. These include traffic
accidents, medical malpractice, crime, disease and malnutrition and neglect in
the workplace. The report also charges that appointments to high government
posts “lack transparency and objectivity and are based on nepotism.”
Concerning women's rights, the report indicates that the Kingdom's mission to
eliminate all forms of discrimination against women has yet to go through the
constitutional process.
It noted that various legislation still maintain articles deemed
“discriminatory” and hinder the progress of women.
Women's participation in political life also remains relatively low, it notes.
The report, which also delves into children's rights, notes the need for the
Kingdom to ratify nine international human rights conventions it signed as early
as 1961.
It calls for amending several legislation, such as the citizenship, judiciary
independence, State Security Court, public assembly, political parties and
environment protection laws.
It also suggests the inclusion of human rights concepts in school curricula to
promote public awareness of the subject.
The report was launched on the NCHR website last week and is currently available
in the Arabic language.