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Resolution 2183 (2017)
Evaluation of the partnership for democracy in respect of the Parliament of Jordan
1. On 26 January 2016, the Parliamentary
Assembly adopted Resolution
2086 (2016) on the request for partner for democracy
status with the Parliamentary Assembly submitted by the Parliament
of Jordan, whereby it granted this parliament partner for democracy
status. The Parliament of Jordan thus became the fourth parliament
to request and to be granted this status, introduced by the Assembly
in 2009 to develop institutional co-operation with the parliaments
of the Council of Europe’s neighbouring States.
2. Upon making its official request for this status, the Parliament
of Jordan declared that it shared the same values as those upheld
by the Council of Europe and made a number of political commitments
in accordance with Rule 64.2 of the Rules of Procedure of the Assembly.
These commitments are set out in paragraph 3 of Resolution 2086 (2016).
3. In addition, the Assembly stated in paragraph 9 of the aforementioned
resolution that a number of specific measures were of key importance
for strengthening democracy, the rule of law and respect for human rights
and fundamental freedoms in Jordan. It stressed that progress in
moving reforms forward was the prime aim of the partnership for
democracy and constituted the benchmark for assessing its efficiency.
4. The Assembly deems it important that the Jordanians want to
modernise and stabilise their political institutions so as to continue
firmly on the path to democracy. It is following with close attention
the constitutional, institutional, political and legal reforms which
Jordan continues to pursue, under the impetus of King Abdullah II,
in spite of the instability in the region and on the country’s borders.
5. As the Assembly has already stressed, the war in Syria has
led to an unprecedented influx of refugees into Jordan. This small
country is making considerable efforts to accommodate them in decent
conditions. The Assembly again warmly congratulates Jordan on its
efforts and its exemplary hospitality. It again urges the international
community to increase its support for the Jordanian authorities,
either directly or through the international organisations operating
on the ground, and notes with satisfaction the sum of over €700 million granted
to Jordan by the European Union.
6. In this context, the Assembly:
6.1. welcomes the efforts of the Jordanian Parliament in striving
to comply with the political commitments of a partner for democracy
despite all the difficulties and obstacles related to the instability in
the region;
6.2. considers positively the continuing constitutional, institutional,
political and legal reforms and in particular those concerning the
judiciary, political parties, decentralisation and education, and encourages
Jordan to keep up these efforts;
6.3. welcomes the passage of the new electoral law and the
holding of early parliamentary elections on 20 September 2016, which
it was invited to observe. While it was disappointed by the low
turnout, it noted with satisfaction that the elections were free
and well organised, even though tribal and financial powers remained
influential. At the same time, the representation of women in parliament
increased substantially;
6.4. likewise welcomes the holding of local, municipal and
governorate elections on 15 August 2017, according to the new legislation
on decentralisation. This electoral process, while still complex,
was conducted properly. These elections were free and well organised,
although tribal and financial forces remained dominant. The low
participation rate is still to be regretted, even if it is pleasing
to note that the representation of women, and in particular young
women, has made strong progress and confirms the important movement
of women into politics. While noting that the powers of the councils
are not yet clearly defined and that their revenues derive partly
from State grants, the Assembly believes that this commitment to
decentralisation is a step forward;
6.5. regrets the fact that Article 6.1 of the Constitution
of Jordan, which is discriminatory towards women, has not been revised;
6.6. welcomes the amendment of the Jordanian Criminal Code,
in particular the abolition of Article 308, which provided that
a rapist shall not be prosecuted if he marries his victim; the revision
of Article 98, which reduced the sentence for honour crimes if the
crime was “impulsive”; but regrets the fact that Article 340 of
the Criminal Code, which exempts from punishment men who kill their
wives or female members of their families caught committing adultery
and which reduces sentences if there is a presumption of adultery
on the part of the victim, has not been repealed;
6.7. acknowledges the efforts made, in particular by women’s
organisations, to promote the participation of women in political
and public life, to fight discrimination based on gender, to ensure effective
equality between women and men, and to fight gender-based violence.
It calls on the Jordanian authorities to take resolute action against
this scourge, in co-operation with civil society and more specifically
women’s organisations;
6.8. regrets the fact that, while a de
facto moratorium on executions was purportedly introduced
in 2006, courts continue to hand down death sentences. In December
2014, Jordan executed 11 men, a month later it executed 2 prisoners
and on 4 March 2017 it executed 15 people. The Assembly strongly condemns
all forms of capital punishment. It urges the Jordanian Parliament
to intervene with the authorities to stop executions and reinstate
the moratorium pending the abolition of the death penalty in the
Criminal Code, in line with the expectations indicated by the Assembly
upon granting partner for democracy status;
6.9. welcomes the fact that the media in Jordan are in general
free and pluralistic, but regrets a degree of pressure from the
authorities that leads to self-censorship;
6.10. welcomes the efforts made in combating corruption and
money laundering. These efforts should be supported and continued.
7. The Assembly recalls its Resolution 2122 (2016) on administrative
detention, which stresses the importance of the right to liberty
and security and recalls that purely preventive detention of persons
suspected of intending to commit a criminal offence is not permissible
under Article 5 of the European Convention on Human Rights (ETS
No. 5) as interpreted by the European Court of Human Rights. It
therefore reiterates its call on the Jordanian Parliament to take
steps towards abolition of administrative detention in circumstances that
do not comply with the right to liberty and security as protected
under the Convention, as well as under the International Covenant
on Civil and Political Rights, to which Jordan is a Party.
8. The Assembly calls on the Jordanian Parliament to speed up
the implementation of its general commitment to promote the core
values of the rule of law and respect for human rights and fundamental freedoms,
while showing determination to address issues in these areas, including
those reported by civil society and the media. The Assembly offers,
upon request, its assistance to the Jordanian delegation to enable it
to make full use of its rights to participate in the work of the
Assembly.
9. In granting partner for democracy status to the Jordanian
Parliament, the Assembly wished to foster closer relations and co-operation
between Jordan and the Council of Europe. Such relations have not, however,
really been established. The expertise of Council of Europe bodies
(Assembly, Secretariat, European Commission for Democracy through
Law (Venice Commission), Congress of Local and Regional Authorities) is
at the disposal of the Jordanian authorities to help with strengthening
human rights, the rule of law and democracy in Jordan.
10. The Assembly strongly regrets that, since being granted partner
for democracy status, Jordan has not become party to any Council
of Europe conventions or partial agreements, nor has it joined any
relevant international instruments relating to human rights as requested
by the Assembly.
11. Nevertheless, the Assembly welcomes the Jordanian parliamentary
delegation’s active participation in the work of the Assembly and
its committees. This allows the Assembly to remain informed about
political developments in the country which are moving towards the
values upheld by the Council of Europe. It encourages the delegation
members to keep a watchful eye on, and play an active role in, the
implementation of the process of reforms needed for the establishment
of the rule of law and respect for human rights and fundamental
freedoms, in line with the commitments entered into under the partnership.
12. Even though the reforms are advancing more slowly than planned,
some vital reforms have been carried out, as regards both democracy
and the elections scheduled, and decentralisation or social affairs
(legislation favourable to women). The Assembly must therefore support
Jordan at this difficult time and continue and expand its support
as part of a progressive and trusting approach leading towards greater
democracy and greater rights. Jordan and Europe have everything
to gain from this partnership. Jordan is moving in the right direction.
13. In conclusion, the Assembly resolves to continue following
very closely the implementation of reforms in Jordan and to offer
the Jordanian Parliament its full assistance. It will make a new
assessment of the partnership within two years of the adoption of
this resolution.