د عدلي الهواري

In the following pages, I shall re-ask the fifteen overarching questions, and restate the marks given by the twenty-four assessors and six experts. I shall then give my assessment of the extent of change during 2011-2019.

1. Citizenship, Law and Rights

1.1. Nationhood and Citizenship

Q1S: Is there public agreement on a common citizenship without discrimination?

Marks: 1; 2; 2; 2; 3; 3; 3; 3; 4; 4; 4; 5; 5; 5; 5; 5; 6; 6; 6; 8; 8; 9; 10; 10; (Mean: 5).

Q7L: 2; 2; 5; 6; 7; /; (Mean: 4.4).

Because of the conflict in Syria, the frequent arguments regarding the Jordanian of Palestinian descent receded. Jordan received hundreds of thousands of Syrian refugees. Therefore, it cannot be ruled out that some of them will not return to Syria when conditions in Syria permit. Those who choose to remain in Jordan may do so legally and illegally. Consequently, they may become part of the frequent debates about identity and citizenship I discussed in a previous chapter.

The numbers published by UNHCR (2018) indicate that there are ‘more than 655,000 Syrian men, women, and children […] 80% of them live in urban areas. More than 139,000 live in al-Zaatari and al-Azraq camps”. According to UNHCR, “the Jordanian Ministry of Labour issued 30,000 work permits for Syrian refugees”. The permit enables the refugee to leave the camp for one month. He/she then has to return to renew the permit.

Although, theoretically, the presence of a large number of Syrians in Jordan could in the future worsen the debates about citizenship and identity, it may as well contribute to the acceptance of the concept of citizenship that is not based on race, ethnicity or national origin.

1.2. Rule of Law and Access to Justice

Q2S: Are state and society consistently subject to the law?

Marks: 1; 2; 2; 2; 3; 4; 4; 5; 5; 5; 5; 6; 6; 6; 7; 7; 7; 7; 8; 8; 9; 9; 10; 10; (Mean: 5.8).

Q14L: 3; 6; 6; 6; 6; /; (Mean: 5.4);

A constitutional court was established. This was one of the measures recommended by a committee formed in 2011 to review the articles of the constitution. The court consists of nine judges for a term of six years.

In 2016, a constitutional amendment was adopted. It gave the king more powers that made him the only decision-maker concerning several important issues. Before the amendment, article 40 stated: “The King shall exercise the powers vested in Him by Royal Decrees. Any such Decree shall be signed by the Prime Minister and the Minister or Ministers concerned. The King expresses his concurrence by placing his signature above the signatures of the other ministers.”

After the amendment, article 40 reads: (2) Notwithstanding the provisions of paragraph (1) of this Article, the King exercises his powers alone in the following: (a) Crown Prince (b) Viceroy (c) Chairman and members of the Senate (d) Chairman and members of the Constitutional Court (e) President of the Judicial Council. (f) Army Commander, Intelligence Chief and Director of the Gendarmerie

Another amendment allows the appointment of those who have dual citizenship in high-ranking positions. Ubaydat (2016) believes that: “the amendments of 2016 indicate that the king intends to continue to monopolize power and his retreat from the democratic discourse that followed the amendments” implemented in 2011.

The former Justice Minister Muhammad al-Hammouri, criticized this amendment and considered to be in total contradiction with the rules of the constitution”. The justification for this amendment was to “benefit from the expertise of such Jordanians,” Al-Hammouri rejects this and says it is unacceptable, because there are so many single nationality Jordanians with expertise, about whom nobody cares”.

1.3. Civil and Political Rights

Q3S: Are civil and political rights equally guaranteed for all?

Marks: 1; 1; 2; 2; 2; 3; 4; 4; 4; 4; 5; 5; 5; 5; 5; 6; 6; 7; 7; 7; 8; 8; 8; 10; (Mean: 5).

Q19L: 3; 5; 5; 7; /; /; (Mean: 5).

In 2014, the Jordanian government responded partly to the demands of Jordanian women married to non-Jordanians to give their sons and daughter Jordanian citizenship. It adopted certain measures that enable the sons and daughters to get identity cards and driving licences. Until 2018, these ‘facilities’ were conditional upon the mother having lived in Jordan for five consecutive years. In 2018, this condition was removed. HRW (2018) indicated that obstacles remained despite some improvement.

In March 2016, the government published “The Comprehensive National Plan for Human Rights, 2016-2025”. Its first goal is the “to develop the laws to make that more in line with the constitution and international conventions on human rights which were ratified by Jordan”.

In 2017, an article was removed from the criminal law which refrained from punishing a rapist if he agrees to marry his victim.

1.4. Economic and Social Rights

Q4S: Are economic and social rights equally guaranteed for all?

Marks: 1; 1; 3; 3; 3; 3; 4; 4; 4; 4; 5; 5; 5; 6; 6; 7; 7; 7; 8; 8; 8; 8; 9; 9; (Mean: 5.3).

Q26L: 4; 5; 6; 7; 8; /; (Mean: 6).

The national plan for human rights mentions the economic, social and cultural rights. It sets five goals in this regard: to reinforce and protect the right to work; health; educations; cultural rights of segments of society such as minorities; clean environment and development.

The state of the economy in Jordan at present is the main source of concern for the vast majority of people. Mass protests against the attempt of al-Mulqi’s government led to his removal. The optimism that prevailed after appointing al-Razzaz expired quickly.