Comments of the Jordanian Network of Civil Society Organizations on the Society Law

Statement to the Press

Amman 13 June 2009

Comments of the Jordanian Network of Civil Society Organizations on the Society Law

The Jordanian Network of Civil Society Organizations, which includes 20 member organizations, recently met to discuss the Jordanian Societies Law No. 51 of 2008. The Network sees infringements on human rights and public liberties in the law, specifically in the stipulations contained in Paragraph (A) of Article Three. Such accountability stipulations make civil society organizations (CSOs) vulnerable to severe penalties provided for in the law, all the more concerning because CSO activities are a main and essential part of political life and climate and the living law regulating it.

The participants at the meeting proposed the deletion of the expression "or the achievement of any political goals" at the end of Paragraph (A) of Article Three and of Paragraph (B) of Article Four of the law, which states that the "controller of the registry shall be appointed by a cabinet decision at the recommendation of the Minister and shall be attached to him."

Since the controller of the registry is invested with vast powers under the law, the conferees suggested the deletion of Paragraph (B) and replacing it with the following: "the controller of the registry shall be appointed by a cabinet decision at the recommendation of the Minister and in coordination and consultation with the civil society organizations and shall be attached to him." 

Article Five involves the job description of the duties of the controller of the registry. We can notice that Paragraph Three of the same Article stipulates that his duties and the powers vested in him are specified according to the provisions of this law and the regulations and instructions issued accordingly. The conferees proposed the deletion of the expression "the regulations and instructions" from this law, and that there should be clear legal provisions of the components of the articles of the law.

Paragraph (A) of Article Six fixed the number of the founding persons at 13 persons for the purposes of the registration of the society. We are not aware of the reasons which prompted the legislator to fix this number, because it is possible for three or more or less persons to form a society, because there are societies which do not require many founding members or special and specific qualifications, particularly that a few number of persons can discharge the duties of these societies. In this connection, the conferees proposed the deletion of the expression "provided that their number are no less than 11 persons."

Paragraph (A) of Article Seven concerning the founding member states that the founding member should be a Jordanian national. Paragraph Four of the same article states that he should have a good attitude. As far as the requirement that he should be a Jordanian national, this requirement is in conflict with the internationalism of voluntary work. Moreover, as regards Paragraph (D) stipulating that he should have a good attitude, the paragraph requests the founding applicant to secure the approval of the security services, particularly the General Intelligence Service. Therefore, the conferees proposed the amendment of Paragraph (A) of Article Seven to read: "he should be a legal resident of the Hashemite Kingdom of Jordan" and that the expression of "should have a good attitude" should be deleted from Paragraph (D) of this article.

In Article Eight, one can see a clear intervention by the executive branch of government in the establishment of the CSOs, in the affairs of their members and in their financial resources. Accordingly, members of the conference proposed the deletion of all of Article Eight of the law or replacing it with a clear stipulation for the founders of CSOs.

Article 13 clearly restricts the opening of branches for the society in the Hashemite Kingdom of Jordan and makes the opening of these branches conditional to cabinet approval. This is also a restriction on the right of society to exercise its duties and to achieve its goals within the borders of the Hashemite Kingdom of Jordan. It is also a restriction on the expansion of the geographic area of its activities. Therefore, the conferees decided to delete the expression of "with the approval of the competent ministry" from Paragraph (A) of Article 13 and also to delete the expression of "two thirds of its members."

Article 26 provides for the creation of a special court, but without spelling out the nature, method of formation and convening, and the activities of this court. The court is given the power to impose penalties, such as imprisonment and fines on the personnel of these societies. These penalties should in fact, be imposed under the umbrella of the judicial branch of government represented in the regular courts if it is confirmed that these actions or others constitute a legal crime warranting punishment. The conferees proposed in this regard the deletion of the article and empowering the regular courts to impose penalties and to penalize the excesses that violate the law.

The conferees also discussed Articles 10, 11, 14, 15, 16, 17, and 18 and other articles and drew up proposals for the amendment of these articles that included ideas and contents that can contribute to the consolidation of political life and democracy in Jordan.

At the end of the meeting, the conferees wrote down general remarks related to the legal aspects of the law. These included the following statement:

"The law as a whole is incompatible with the international criteria and the Jordanian constitution which have guaranteed the freedom of the formation of societies. Moreover, the law as a whole allows the intervention of the executive branch of government in the work of societies and places restrictions on their independence, and obstructs their work and role in the service of civil society. Moreover, some stipulations of this law contradict the principles of human rights and public liberties. Moreover, some articles of this law make the civil society organizations, particularly those operating in the field of human rights, loose their dynamism, flexibility and turns them into stereotypes and bureaucratic institutions, and consequently, obstruct and impede their activity."

Participating from the Jordanian Network of the Civil Society Organizations were:

• the Amman Center for Human rights studies
• the Arab Organization for Human rights in Jordan
• the Jordanian Jurists Association
• the Jordanian Child rights organization (Haqq)
• the Jordanian Society for Human Rights
• Arab Women Organization
• The National Forum of Youth and Culture
• Amnesty International Group/ Jordan
• Arab Women Media Center, Association of Working Women – Al-Rusaefa
•  The Cultural Society for Youth and Childhood
• The Madaba Establishment for Reinforcing Development
• Al-Badeel Center for Studies and Training
• The Society of Housewives
• Pheniq for Economic and informatics Studies
• the Jordanian Establishment for Democratic Culture
• Al-Hayat Center for Civil Society Development
• South Center for Strategic Studies
• Youth Spirit Center
• Almahaba Association / Madaba.

Please note that the remarks made by the participants were referred to the Speaker of the House of Parliament and to the Speaker of the House of Notables and the members of the legal committees in the two houses.

Amman 13 June 2009