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2007 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	67
2	Are good governance/anti-corruption CSOs able to operate freely?	83
3	Are civil society activists safe when working on corruption issues?	67
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments:

References: Constitution 2:16

(i) Jordanians shall have the right to hold meetings within the limits of the law.

(ii) Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their by-laws not contrary to the provisions of the Constitution.

(iii) The establishment of societies and political parties and the control of their resources shall be regulated by law

Also see: [ LINK ] [ LINK ]

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: On May 31, 2007, the government issued new "regulations" (not law) for not-for-profit companies, requiring them to get permission from the Council of Ministers, based on the recommendation of the Minister of Trade and Industry. Article 9 A stipulates that "the company (not-for-profit) cannot receive donations or financial gifts from a none-Jordanian entity without the permission of the Council of Ministers, based on the recommendation of the Minister of Trade and Industry."

References: CSOs that are registered under the Social Charities and Societies Law issued in 1966 can receive funds from internal and external sources. The law does not prevent it.

[ LINK ] (In Arabic)

Peer Review Comments: Recently the government withdrew the draft law from the Parliament for more discussions.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments: Accroding to Mr. sakkejha, by law they are required to disclose their sources of funding. The Social Charities and Associations Law # 33 1966 does not require organizations authorized under its provisions to disclose sources of funding and expenditure. If anti-corruption organizations are registered as not-for-profit companies, they have to disclose their financial resources by law. According to the new regulations issued 31 May 2007, they have to get permission from the Council of Ministers with respect to receiving funding and how to spend it. If anti-corruption organizations are registered as NGOs (which are authorized by the Ministry of Interior), they are not required to disclose their sources of funding, but they are required to publish their budgets and expenditure.

References: Basem Sakkejha, Former President, Transparency International Jordan Chapter and Currently Head of Jordan's Trsansparency Forum (a unit of the Arab Archive Institute). Phone interview with Dr. Omar Aljazy, director and managing partner of Aljazy and Associates Law Firm in Amman, Jordan, 15 October 2007 Phone interview with Dr. Ibrahim Saif, director and head of the Economics Unit at the Center for Strategic Studies University of Jordan, in Amman, Jordan, 15 October 2007

Peer Review Comments: The anti-corruption organizations that I am aware of in Jordan are NGOs.

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: Transparency International did not have to register in Jordan, although it was operating freely without restrictions.

References: Phone interview with Basem Sakejha, former president, Transparency International Jordan Chapter, 14 October 2007

Phone interview with HE Abed Shakhanbeh, president of the Anti-Corruption Commission, 14 October 2007

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments: Although the government takes the reports coming from international organizations seriously, there is no clear channel of communication between government officials and anti-corruption organizations, such as an annual public meeting to debate the issues. However, there are informal channels of communication between these groups and government officials. The initiatives run in both directions.

References: Phone interview with Basem Sakkejha, former president, Transparency International Jordan Chapter, 14 October 2007

Interview with Dr. Mohammed Al Masri, researcher at the Center for Strategic Studies (CSS), University of Jordan, in Amman, Jordan, 13 October 2007

Phone interview with HE Abed Shakhanbeh, president of the Anti-Corruption Commission, 14 October 2007

On Sakkejha resignation form TI, see [ LINK ]

Peer Review Comments: See also Human Rights Watch's December 2007 report on Jordanian restrictions against the right of association: [ LINK ]

Although it might be straightforward to form a CSO in Jordan, whether one can keep the CSO operating without interference from the Ministry of Social Development, Internal Affairs, or others is a different matter.

Peer Review Comments: That is true, but many calls and requests from both sides are being made in order to improve the situation and enhance the networking and real participation in decision-making. Note should be made that in Jordan there are distinguished CSOs that impact the society through participating in the development process in different fields.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Newspapers have not reported any case over the past three months. Also, several NGOs were contacted to make sure there were no cases of shutting down. However, the president of TI in Jordan resigned in protest against TI using reports about Jordan other than his own.

References: Interview with Dr. Mohammed Al Masri, Center for Strategic Studies University of Jordan, in Amman, Jordan, 14 October 2007

Interview with Mr. Jehad Mheisen, director of Al Mashreq Al Jadid Research Center, in Amman, Jordan, 13 October 2007

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: The former Minister of Parliament was imprisoned because he accused "some political figures of corruption."

Dr. Abbadi is widely known as very critical of the "public land transfer to investors." He wrote letters to the king on several occasions voicing his concerns. Some observers argue that he was imprisoned because he was vocal about "high-level" corruption.

References: [ LINK ]

By Rana Husseini AMMAN - The State Security Court (SSC) on Tuesday sentenced former deputy Ahmad Oweidi Abbadi to two years in prison after convicting him of undermining the country's reputation by spreading false information abroad. During a five-minute session, the court also declared Abbadi guilty of belonging to an illegal organization and distributing illegal pamphlets. The SSC ordered Abbadi, 62, to pay JD30 in fines. The former MP's lawyer, Omar Alwan, told The Jordan Times following the conclusion of the session that he plans to appeal the verdict at the Court of Cessation within the next 40 days. The verdict is unfair because the court sided with the military prosecution and disregarded evidence we presented and our request to summon 40 witnesses, Alwan said. Abbadi's wife, Jamileh, also described the verdict as unjust and urged the international community to intervene and demand her husband's release. This case is a setup because when my husband was an MP, he accused many individuals of corruption and these individuals are now officials in power and they took revenge from him, the 42-year-old school principal told The Jordan Times. The former MP, who served in the 11th and 13th parliaments, was arrested on May 3 following a complaint filed by Interior Minister Eid Fayez over the content of statements published on the Internet in April accusing Jordan and its officials - including the interior minister - of corruption. The statement was included in an open letter in English addressed to US Senate Majority Leader Harry Reid and was posted on the website of the Jordanian National Movement (JNM), which is chaired by Abbadi. Abbadi denied the charges, claiming he was framed by the interior minister and that hackers entered the website and published the letter to set him up. The letter, dated April 30, claimed the country is suffering a setback in democratic freedoms, particularly freedom of the press and the abuse of detainees. The letter was cosigned by JNM Secretary of Foreign Affairs Abdul Salam Mullah, who is a resident of Virginia in the US. Abbadi is also standing trial at the Amman Court of Conciliation in connection with the letter. He is charged by the Amman prosecutor with slander and violating laws governing e-mail practices.

Peer Review Comments: Dr. Ahmad Aweidi Abadi is a controversial political person in Jordan. Some Jordanians agree with him and consider him a patriot, while others think he is prejudiced.

Peer Review Comments: Dr.Abadi mentioned different statements about corruption in his letters, but evidence is still not sufficient and conclusive.

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No cases of physical harm were reported as a consequence of corruption-related reporting.

References: Phone interview with Basem Sakkejha, former president, Transparency International Jordan Chapter, 14 October 2007

Interview with Dr. Mohammed Al Masri, researcher at the Center for Strategic Studies (CSS), University of Jordan, in Amman, Jordan, 13 October 2007

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No cases were reported.

References: Phone interview with Basem Sakkejha, former president, Transparency International Jordan Chapter, 14 October 2007

Interview with Dr. Mohammed Al Masri, researcher at the Center for Strategic Studies (CSS), University of Jordan, in Amman, Jordan, 13 October 2007

Mr. Jehad Mhiesen, director of Al Mashreq Al Jadid Research Center, in Amman, Jordan

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: Article Sixteen of the Constitution: (i) Jordanians shall have the right to hold meetings within the limits of the law. (ii) Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their by-laws not contrary to the provisions of the Constitution. (iii) The establishment of societies and political parties and the control of their resources shall be regulated by law.

Trade Unions Law # 35, year 1953 Lawyers Association Law #11, year 1972 Medical Doctors Association Law # 13 1972 Engineers Association Law #15, 1972 Journalist Association Law #15, 1998 Dentists Association Law # 17, 1972 Nurses Association Law # 18, 1972 Geologists Association Law # 1972 Pharmacists Association Law #51 1972 Veterinarians Association Law # 70, 2001 (a provisional law; it has not been ratified by Parliament yet)

Peer Review Comments: The government submitted to Parliament a law on organizing trade unions, but subsequently withdrew it because of massive protests from the unions themselves. Trade unions consider this move a positive step towards more transparency and political openness.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments: Trade Unions that represent blue collar workers (working class) are not as active as are the professional associations (middle class), which represent white collar workers.

References: Articles of the Constitution: Article 16 (i) Jordanians shall have the right to hold meetings within the limits of the law. (ii) Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their by-laws not contrary to the provisions of the Constitution. (iii) The establishment of societies and political parties and the control of their resources shall be regulated by law. Article 17: Jordanians are entitled to address the public authorities on any personal matters affecting them, or on any matter relative to public affairs, in such a manner and under such conditions as may be prescribed by law.

Nevo, Joseph, "Professional Associations in Jordan: the Backbone of an Emerging Civil Society," Asian Studies Review, Volume 25, Number 2, June 2001, pp. 169-184. Blackwell Publishing

Interview with Mr. Mazen Hamarneh, active member of the Agricultural Engineers Association, 13 October, 2007

Peer Review Comments: I agree, and would add that white collar trade unions are important political actors in Jordan and often lead opposition to the government and its policies.

Example: "On March 7, the government banned a planned demonstration of professional unions against a draft law barring professional associations from engaging in politics and deployed security forces to prevent the protest. " USDOS Human Rights Report for Jordan, 2006.

Peer Review Comments: In general Jordanians have the right to join trade unions, but those who practice certain professions (e.g. teachers) did not receive approval to organize into trade unions.

Peer Review Comments: Citizens who have certain professions are not allowed to organize into trade unions.