The Jordanian parliament is currently in the process of approving two new laws that will together represent a clear step backward in democratic governance. The first law confirms existing restrictions on public gatherings and demonstrations, while the second extends the government’s already wide control over the establishment, administration, and funding of NGOs operating in the country. These laws are the latest advance in a trend that has seen the erosion of freedom of political expression over the past few years, and also add Jordan to the list of countries (Russia, Peru, Venezuela, etc.) where civil society organizations have come under threat from the state.
King Abdullah II reinstituted parliamentary rule in 2003 after several years of decree-based rule, easing many previously imposed restrictions on civil liberties and attempting to brand Jordan as an outpost of reform within the region. In his keynote speech at the World Economic Forum in May 2007, the king emphasized his commitment to developing and promoting civil society in Jordan. Unfortunately, legal and political realities since 2004 do not reflect well upon King Abdullah’s optimism.
Jordan’s Societies and Social Bodies Law (No. 33 of 1966), which has up until now governed the establishment and operation of NGOs, is a highly restrictive statute even in comparison to other stifling Middle Eastern NGO laws. As the International Center for Nonprofit Law noted in a detailed 2005 report, the application process for registering a new NGO is onerous. After passing through several levels of bureaucracy, the Minister for Social Development still possesses veto power over all applications, with no established channels of appeal should such a refusal occur. Furthermore, the same minister wields similar powers of cancellation-without-recourse even after an NGO has been licensed, with only nominal notification procedures. Although the Jordanian Government has been relatively restrained in its use of these powers, the statute's provisions of the can be implemented at any moment, with no institutional counterweights to executive overstepping. In essence, the government may block the formation of an NGO for political reasons, as it was accused of doing in 2004 when it repeatedly refused to license the Jordan Citizen’s Rights Association.
Because the government has rarely enforced this law to its fullest extent and instead pursues a policy of allowing NGOs to operate, Jordan has a history of widespread and vibrant NGO activity. However, according to a report by Human Rights Watch in 2007 entitled ‘Shutting Out the Critics,’ NGOs that actually dare to criticize the government face continual pressure and interference from the authorities as well as the possibility of closure and even of prosecution and prison sentences for their employees.
The draft NGO Law, which is expected to be debated and approved soon, will further tighten the government’s financial control over NGOs. Official sanction will be required for donations, budgets, and finances. It will also ban NGOs from receiving foreign aid, except with the express permission of the government. The law will give the government the power to obtain an NGO’s future work plans and to close it down completely for committing minor infractions. Moreover, it demands that all NGOs have at least one government representative on their board of directors and allows the government to appoint a state employee to serve as temporary president of an NGO. Several US- and EU-funded human rights NGOs are currently registered in Jordan as “non-profit companies,” enabling them to operate under the less restrictive Law on Companies. Under the new law this loophole will be closed and all such organizations will be required to conform to the NGO law within one year. In a press release, Freedom House Executive Jennifer Windsor expressed her concern that the passage of the draft law on NGOs would be a clear step backwards for democracy in Jordan, a country considered to be among the most open in the Middle East.
The Muslim Brotherhood has said that it believes the new laws are a part of government efforts to suppress political opposition and its organization in particular. “They are martial laws meant to rob the Brotherhood of its freedom and undermine its role in the country,” said Jamil Abu Bakr, the Brotherhood’s deputy chief. Indeed, since 2006 the political atmosphere in Jordan has intensified as opposition parties, including Islamist, nationalist, and leftwing groups have been voicing accusations that the government has backtracked on promises to reform the political system and make it more democratic. In response, the government has challenged the loyalty of their opponents to the Hashemite Kingdom. Certainly, the new laws appear to be a deliberate attempt to stifle opposition and critical debate by a government that is finding it increasingly difficult to stand by its stated agenda of liberalization.
Photo Credit: Flickr user World Economic Forum
