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Resolution 2086 (2016)
Request for partner for democracy status with the Parliamentary Assembly submitted by the Parliament of Jordan
1. In adopting Resolution 1680 (2009) on the establishment
of a “partner for democracy” status with the Parliamentary Assembly,
the Assembly resolved to establish a new status for institutional
co-operation with parliaments of non-member States in neighbouring
regions wishing to benefit from the Assembly’s experience in democracy
building, the rule of law and human rights, and to participate in
the political debate on common challenges that transcend European
boundaries. Rule 62 of the Assembly’s Rules of Procedure sets out
the conditions and methods for granting this status, including formal
political commitments that the parliament concerned must undertake.
2. On 25 July 2013, the Speakers of the two chambers of the Jordanian
Parliament addressed an official request for partner for democracy
status to the President of the Assembly. After the Parliaments of
Morocco and Palestine, Jordan’s is the third of the South Mediterranean
to make such a request.
3. The Assembly takes note that, in their letter, the Speakers
of the two chambers of the Jordanian Parliament, in line with the
requirements set out in Rule 62.2 of the Rules of Procedure, reaffirm
that the parliament represented by them shares “the same values
as our colleagues, the members of the Council of Europe: a pluralist
and gender parity-based democracy, the rule of law and respect for
human rights and fundamental freedoms”, and undertake to:
3.1. keep “the electoral process
in compliance with international standards for parliamentary elections”;
3.2. support “the balanced participation of women and men in
public and political life”;
3.3. continue with the “endeavours to raise the awareness of
public authorities and civil society as regards abolishing the death
penalty and the introduction of a moratorium on executions”;
3.4. “encourage the competent authorities to become party to
the relevant Council of Europe conventions and partial agreements
which are open for signature and ratification by non-member States, particularly
those … related to [pluralist and gender-parity-based democracy,
the rule of law, and the respect for human rights and fundamental
freedoms]”;
3.5. “keep the Assembly regularly informed on the state of
progress in implementing the principles of the Council of Europe”;
3.6. “make use of the Assembly’s experience and the expertise
of the European Commission for Democracy through Law (Venice Commission)
in [their] institutional and legislative work”.
4. The Assembly therefore considers that the Jordanian Parliament’s
request meets the formal criteria set out in its Rules of Procedure.
5. Furthermore, the Assembly acknowledges that, at the instigation
of King Abdullah II, the parliament and its blocs, political organisations
and movements, public officials, trade unions and civil society
in Jordan share the objectives of the partnership for democracy,
which aims to strengthen democracy, the rule of law and respect
for human rights and fundamental freedoms in Jordan. Obtaining this
status is considered a timely and important incentive for continuing
the reforms already begun.
6. The Assembly welcomes Jordan’s commitment to give priority
to in-depth constitutional, institutional, political and legal reforms,
and in particular the changes to 39 articles of the constitution,
the establishment of a constitutional court, the proposed Elections
Bill, the Political Parties Bill and the draft legislation on decentralisation
and municipalities. The partner for democracy status provides an
appropriate framework for the continuation of the reform process
by the Jordanian Parliament. Jordan’s national authorities are encouraged
to make full use of the Council of Europe's expertise and draw inspiration
from Council of Europe standards in carrying out these reforms.
7. At a time when the peoples of a number of Arab and Mediterranean
countries are clearly expressing their desire to enjoy fundamental
political and social rights, the Assembly deems it important that
the Jordanians wish to modernise and stabilise their political institutions
so as to continue firmly on the path of democratic transformation;
and this despite the instability of the region and at the borders
of their country.
8. The war in Syria has led to an unprecedented influx of refugees
into Jordan, a small country which is making considerable efforts
to accommodate them in decent conditions. The Assembly warmly congratulates Jordan
on its efforts and its exemplary hospitality and urges the international
community to increase its support to the Jordanian authorities,
either directly or through the international organisations operating
on the ground.
9. In this context, the Assembly considers that the package of
measures undertaken in 2010 and again in the period 2013-2015, as
detailed in the report, are essential for strengthening democracy,
the rule of law and respect for human rights and fundamental freedoms
in the framework of a constitutional parliamentary monarchy. It
calls on the Parliament of Jordan to:
9.1. continue its constitutional reform, in particular by consolidating
the separation of powers and strengthening the role of the parliament;
9.2. continue the decentralisation reform with the aim of consolidating
local and regional democracy;
9.3. adopt the proposed Elections Bill and hold free and fair
elections in line with the relevant international standards; enhance
public interest in, and awareness of, the democratic and electoral process;
ensure a higher level of participation in elections; and strengthen
public monitoring of elections by independent observers;
9.4. constitutionally guarantee equality between men and women
by revising Article 6.1 of the constitution, which is discriminatory:
“Jordanians are equal before the law without discrimination between
them as regards to their rights and duties even if they differ in
race, language or religion”;
9.5. combat all forms of gender discrimination (in law and
in practice), and particularly in family law; abolish all legislation
that discriminates against women; and actively promote equal opportunities
for all;
9.6. fight all forms of gender-based violence; undertake research
and collection of reliable and comparable data on gender-based violence;
ensure adequate funding for prevention measures and assistance and
protection services for victims;
9.7. apply consistently the moratorium on executions that was
established in 2006, and go a step further by abolishing the death
penalty set out in the Criminal Code;
9.8. implement justice reform with a view to ensuring the independence
and impartiality of the judiciary and, in particular, revise the
1954 Crime Prevention Act as a first step towards the abolition
of the practice of administrative detention;
9.9. provide better training for judges, prison staff and law-enforcement
officials as regards compliance with international human rights
standards;
9.10. reduce the practice of pretrial detention, and improve
conditions of detention, in line with the United Nations prison-related
norms and standards;
9.11. prohibit torture and inhuman or degrading treatment of
persons deprived of their liberty; combat impunity for perpetrators
of torture and ill-treatment; and apply sanctions in accordance
with international standards;
9.12. accede to, and ensure the effective implementation of,
the relevant international instruments in the field of human rights;
fully co-operate in particular with the United Nations special mechanisms
and implement the United Nations Universal Periodic Review recommendations;
9.13. ensure full respect for freedom of conscience, religion
and belief, including the right to change one’s religion;
9.14. guarantee and promote freedom of expression and media
independence and plurality;
9.15. guarantee and promote freedom of association and of peaceful
assembly in line with international standards;
9.16. fight racism, xenophobia and all forms of discrimination;
9.17. rigorously combat corruption.
10. The Assembly expects Jordan to accede in due course to the
relevant Council of Europe conventions and partial agreements, in
particular those dealing with human rights, the rule of law and
democracy, in accordance with the commitment expressed in the joint
letter dated 25 July 2013 from the Speakers of the two chambers
of the Jordanian Parliament.
11. The Assembly encourages the Council of Europe and Jordan to
incorporate these priorities into their current discussions on a
bilateral co-operation programme.
12. In addition, the Assembly resolves to review, no later than
two years from the adoption of this resolution, the state of progress
achieved in implementing the political commitments entered into
by the Jordanian Parliament, as well as the reforms in the areas
mentioned in paragraph 9 above.
13. The Assembly stresses the importance of free and fair elections
as a cornerstone of a genuine democracy. It therefore hopes to be
invited to observe elections in Jordan, from the next general elections onwards.
14. Noting that the Parliament of Jordan has reiterated its determination
to work to ensure full implementation of the political commitments
contained in Rule 62.2 of the Rules of Procedure, and entered into by
the speakers of its two chambers in their joint letter dated 25
July 2013, the Assembly resolves to:
14.1. grant partner for democracy status to the Parliament of
Jordan as from the adoption of this resolution;
14.2. invite the Parliament of Jordan to appoint, from among
its democratically elected members, a partner for democracy delegation
consisting of three representatives and three substitutes, to be composed
in accordance with Rule 62.4 of the Assembly’s Rules of Procedure.