C Explanatory memorandum by Mr Ghiletchi,
rapporteur for opinion
1 General comments
1. I would first like to congratulate
Ms Durrieu on her detailed report, which gives an effective overview
of the situation in Jordan under the angles that are relevant to
the request for partner for democracy status with the Parliamentary
Assembly.
2. The report of the Committee on Political Affairs and Democracy
conveys the image of a country in transformation, where strong political
will is driving constitutional and legislative reforms that were
expected by the population, particularly by those who are more aware
of democratic values. Jordan seems to be heading in the right direction
and it can reasonably be expected to become even more open and democratic
in the coming years. In this context, parliamentary co-operation
between our institution and the Parliament of Jordan can only be
beneficial to both sides.
3. I welcome the fact that the report takes into account one
of the matters that are part of the mandate of the Committee on
Equality and Non-Discrimination, namely gender equality, and makes
a reference to violence against women. In this opinion, I will endeavour
to supplement the report with additional information on gender equality
and to deal with other subjects relevant to the mandate of this
committee, namely racism and intolerance and the rights of persons
with disabilities.
2 Gender equality
4. Jordan has developed in the
last decades a vibrant women’s civil society, counting over 120
non-governmental organisations active in fields including gender-based
violence, humanitarian assistance, economic development and women’s
empowerment. I salute this vital component of Jordan’s society,
which represents an interlocutor for the authorities and can play
a positive role both by providing relevant information on the needs
and expectations of citizens, and by contributing to the implementation
of legislation and policies to improve gender equality in the country.
2.1 Family law: divorce,
custody and polygamy
5. Jordan has a dual legal system
based on civil and religious law. The Personal Status Law (largely
based on Sharia and customary law) is applicable to family law matters
within the Muslim community. For the non-Muslim minorities, religious
courts for the various denominations are competent on family and
divorce. Jordanian family law still features provisions which are
in breach of gender equality, such as the right of guardianship
of a male blood relative over women until the age of 30 (as opposed
to 18 for males). Inequalities subsist also concerning divorce (while
men may divorce arbitrarily, and simply by pronouncing a ritual
formula, women need to apply to a Sharia court and may be granted
divorce only on grounds explicitly prescribed by the law).
Note
6. Polygamy is legal under Jordanian law for Muslim men, albeit
not overly widespread in the country. The Parliamentary Assembly
has consistently taken a stance against polygamy when it granted
(and subsequently evaluated) Partner for democracy status to the
Moroccan Parliament and the Palestinian National Council. I cannot
but reiterate what has been said on those occasions. Polygamy runs
counter to the dignity of women and equality between spouses and
is not compatible with gender equality and non-discrimination as
we understand them today. I wish to underline that polygamy is banned
in a number of countries where Islam is the majority religion. These
include Albania, Azerbaijan, Bosnia and Herzegovina, Tunisia and
Turkey.
2.2 Family law: inheritance
rights
7. As concerns the right to inheritance,
the Islamic system is enforced both on Muslims and non-Muslim Jordanian
citizens. In the majority of cases, the female heirs will receive
a smaller share than the male ones. In addition, women are sometimes
forced to relinquish their rights to inheritance through different
means, including physical or psychological violence. In some cases,
women refrain from demanding their entitlement, for lack of knowledge
of their inheritance rights or for fear of being harmed by other
heirs or of being abandoned. A report of 2012 of the Jordanian National
Commission for Women pointed out that “in practice, despite all
conventions, covenants, and laws, women in Jordan do not enjoy their
rights to ownership and inheritance due to continuous inequality
in economic rights, which sustains women’s economic subordination and
dependency and makes them more vulnerable to violence and exploitation
and other violations”.
Note
8. That report added that the Jordanian Civil Law and the Provisional
Jordanian Personal Status Law number 36 of 2010 have set forth a
number of provisions that protect the inheritance rights of women.
I deem it crucial that the Jordanian authorities ensure effective
enjoyment and protection of such rights. As the aforementioned report
recommends, it is advisable to criminalise all acts of coercion
and deception that are taken against women for the purpose of depriving
them of such rights. In addition, all discrimination between women
and men in this field, and particularly any provision determining
smaller shares for female heirs than their male counterparts should
be abolished.
9. The numerous forms of discrimination on grounds of sex still
present in Jordanian law are deeply rooted in the culture and mentalities
and they appear difficult to amend overnight. Nevertheless, they
are at variance with international human rights standards and the
values of gender parity-based democracy that we share. The Jordanian
authorities should therefore endeavour to achieve progress by initiating
a public debate on the necessary reforms. In this, like in other
matters, I encourage our Jordanian colleagues to keep an open attitude and
not hesitate to make use of the experience of the various bodies
of the Council of Europe. The Parliamentary Assembly should keep
the same attitude and stand ready to co-operate in such a delicate,
yet important field.
3 Violence against
women
10. Despite the lack of official
data on violence against women, studies and information made available
by organisations providing assistance to victims show that the phenomenon
is widespread, like in most other countries, and widely unreported.
The survey on prevalence of violence against women compiled by UN Women,
for instance, reports that (as at February 2012) 14.6% of women
respondents declared that they had suffered physical or sexual violence
at the hand of their intimate partner in the previous twelve months,
and 23% during their lifetime.
Note
11. In the framework of UN Women’s COMMIT initiative, the Government
of Jordan has committed to end violence against women and girls
and has “announced that it will develop and adopt a national strategy
to combat violence against women and girls. Specific measures under
the strategy will include legislative reforms to improve legal and
judicial responses to violence against women in Jordan, in line
with international standards; strengthened coordination efforts
between key stakeholders and expansion of services for survivors of
violence; as well as increased data collection on violence against
women”. I welcome this formal commitment and underline that the
availability of reliable, comparable data is a precondition for
designing and implementing effective measures to eradicate violence
against women. Providing assistance to victims of violence, including
in the form of shelters, is also of particular importance. I encourage
the Jordanian authorities to spare no effort in this direction and
to avail themselves of the co-operation of civil society organisations, which
in most countries play a crucial role in this specific field.
12. Some progress can be registered concerning so-called “honour”
crimes. The CEDAW Committee raised concerns about the reduced penalties
for crimes committed in the name of so-called “honour”. It also
urged Jordan to review its legislation allowing rapists to escape
punishment by marrying their victim. The non-governmental organisation
(NGO) Freedom House reports that in the last few years sentences
for “honour” killings have become harsher, and a specialised tribunal
competent for this kind of cases was set up by the Ministry of Justice
in 2009.
Note However,
Amnesty International’s latest annual report claims that at least
12 women and two children, a girl and a boy, were victims of “honour”
killings in 2014.
Note
13. Early marriages also remain a reason for concern. The legal
age of marriage for women in Jordan is 18, but special dispensation
for an earlier marriage may be obtained from law courts. In July
2015, UNICEF reported an increase in early marriages among Syrian
refugees in Jordan.
Note
14. The Council of Europe Convention on combating violence against
women and domestic violence (CETS No. 210, “Istanbul Convention”)
is widely recognised as a reference in this matter and is open to
accession by non-member States. It would be advisable for the Jordanian
authorities to take inspiration from the standards set out in the
convention, which is based on a holistic approach encompassing prevention
of violence, prosecution of perpetrators and protection of the victims
(as well as integrated policies), and to consider acceding to it
in the longer term. I also encourage the Jordanian delegation to
follow the example of current partner for democracy delegations
and designate a representative with the Parliamentary Network Women Free
from Violence.
4 Political representation
of women
15. In recent decades, Jordan has
introduced positive measures to increase the political representation
of women. At local level, 297 of the 970 municipal council seats
are reserved for women, a quota of 30%. At parliamentary level,
a quota reserved for women was introduced in 2003. The electoral
reform of 2012 set out that 15 seats out of 150 in the House of
Representatives were reserved for women. In 2013, 18 women were elected
to parliament, 15 through the reserved quotas and three through
proportional lists and the majoritarian constituencies.
16. The existence of an active civil society, with a large number
of women committed to promoting equality and combating discrimination,
should ensure that skilful, experienced candidates of both sexes
may be found. However, accompanying measures, such as competence
building, information and awareness-raising activities, should be
set forth to make women’s political representation sustainable in
the long term.
5 The rights of
persons with disabilities
17. Jordan signed the United Nations
Convention on the Rights of Persons with Disabilities on 30 March 2007,
and ratified it on 31 March 2008. The country is also party to the
International Labour Organization (ILO)’s Vocational Rehabilitation
and Employment Convention (No. 159), and to the Arab Agreement on
the Rehabilitation and Employment of the Disabled. A Law on Disabled
People’s Rights was adopted in 2007 which replaced the previous
law dating from 1993. In compliance with the law, a Higher Council
for Disabled People Affairs was then established, with a mandate
to, among others, draw up, review and follow up the implementation
of policies relating to people with disabilities.
18. A report of the United Nations Economic and Social Commission
for Western Asia (ESCWA) on the situation of persons with physical
disabilities in Jordan
Note takes stock of
the implementation of the international and domestic legal obligations
in this field. Availability of adequate services and accessibility
of mainstream infrastructures, the report points out, are the main
challenges.
19. In 2012, the first civil society shadow report on the implementation
of the Convention on the Rights of Persons with Disabilities in
Jordan was submitted to the relevant United Nations committee (CRPD).
Note The report
states that numerous actors have responsibilities in the field of
disability in Jordan, with a certain complexity and overlap in their
roles. This seems to be one of the biggest obstacles in the implementation
of the United Nations convention.
20. Enhancing equal opportunities and independence of persons
with disabilities and guaranteeing their full citizenship and active
participation in the life of the community are challenges that require
the commitment of all relevant actors. By signing and ratifying
various international instruments and launching a national action plan,
Jordan has shown political will to improve the situation of persons
with disabilities. I encourage the Jordanian authorities and particularly
fellow parliamentarians to strengthen anti-discriminatory measures based
on a human rights approach. The Council of Europe Disability Action
Plan 2006-2015, addressed to the governments of all member States,
may be taken into account when designing and implementing relevant measures.
6 Racism, intolerance
and discrimination on grounds of ethnic origin
21. Jordan acceded to the International
Convention on the Elimination of All Forms of Racial Discrimination, without
any reservations. The country’s Constitution enshrines the right
to equality before the law for all citizens without discrimination
on the grounds of race, language or religion (this exhaustive list,
as the rapporteur of the Committee on Political Affairs and Democracy
rightly pointed out, raises questions about protection from discrimination
based on other grounds, including sex; the explicit mention of race
is nonetheless reassuring under the angle of this particular ground
of discrimination). In addition, the provisions of the Labour Code
are applicable to workers irrespective of their sex, nationality
(Jordanian or non-Jordanian), ethnic origin, colour and religion.
22. In recent years, with an increased presence of foreigners,
including migrant workers, the country has witnessed numerous cases
of discrimination. Human Rights Watch’s World Report of 2014 indicates
that hundreds of foreign migrants working in the industry, agriculture
and domestic work reported labour violations and forced labour,
but “government inspections and judicial redress remained lax”.
Investigators of the Ministry of Labour rarely classified domestic
workers who had suffered multiple abuses from their employers as
victims of trafficking.
Note
23. Another reason of concern, reported by the NGO Freedom House
in its 2015 Freedom in the World report, is that although Jordan
is making big efforts to host refugees from Syria and Iraq, those
of Palestinian origin, irrespective of their citizenship, are denied
access to the country. I share Ms Durrieu’s appreciation of the
efforts made by the Jordanian authorities to welcome and assist
refugees, as well as the fact that refugees belonging to other minorities,
such as Iraqi Christians, are accepted without discrimination. However,
I wish to underline that all forms of discrimination should be avoided
and the practice I referred to appears to be in breach of international
standards in this field.
Note
24. Since 1988, and increasingly in the last few years, the Jordanian
authorities have been withdrawing Jordanian nationality from its
citizens of Palestinian origin, making them stateless. They do so
arbitrarily and without notice, by cancelling the so-called national
number that each Jordanian is assigned as proof of Jordanian nationality.
Note This practice has been interpreted in
various ways, but appears to be clearly in breach of national regulations
on citizenship and a form of discrimination between Jordanian citizens
based on ethnic origin. In 2012, a group of Jordanian intellectuals,
political activists and media figures wrote to King Abdallah
Note and
urged him to end discrimination against Jordanians of Palestinian
origin. Once again, Jordan’s civil society shows its commitment
and the potential to contribute to change. I hope that our Jordanian
colleagues will listen to this voice and assume the important role
that parliamentarians can play to tackle this form of discrimination.
25. Combating racism and intolerance in all their forms requires
a variety of measures, not only in terms of sanctions but also of
information and awareness-raising. I encourage our Jordanian members
to co-operate closely with the Assembly in this field, particularly
with the No Hate Parliamentary Alliance. They should not hesitate
to designate a member to represent their parliament within the Alliance,
which was recently opened to membership by observer and partner
for democracy delegations.
7 Religious diversity
and minorities
26. Jordan is committed to respecting
religious diversity within its borders and in the region. Mr Heiner Bielefeldt,
the United Nations Special Rapporteur on Freedom of Religion or
Belief, praised the country as “a safe haven and voice of religious
moderation”.
Note He
noted that there is a positive atmosphere of tolerance, in particular
between Muslims and Christians, which is also the result of the
efforts made by the world of education, media, the administration
and the parliament. On the other hand, he noted that some religious groups
such as Baha’is, Druze and Evangelical Christians are not recognised
officially and therefore face difficulties related to personal status.
27. I endorse Mr Bielefeldt’s positive evaluation of the general
climate of tolerance, all the more important in the region and in
times of misuse of religion to justify violence. At the same time,
I call on the Jordanian authorities to ensure that individuals belonging
to all religious communities enjoy the same rights, without discrimination.
The right to change one’s religious affiliation, which is an integral
part of freedom of religion, should also be consistently respected,
and it is crucial that this does not lead to discrimination or any
negative consequence for the individuals that may make this choice.
Personally, I hope that parliamentary co-operation in the partnership
for democracy will allow for fruitful exchanges also in this field.
