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Jordan - Universal Periodic Review

UPR 31, November 8, 2018
Recommendations by Canada

Recommendations

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Thank you, Mr. President.

Canada acknowledges progress made by Jordan since the last UPR review in 2014 and welcomes its continued commitment to advancing human rights.

Canada recommends that Jordan:

1. Provide a legal basis for equality between men and women by amending article 6 of the constitution to ban explicitly discrimination based on gender and lift reservations on article 9 and article 16 of CEDAW.
2. Take immediate measures to stop mistreatment in custody: amend article 208 para 2 of the Penal Code so the definition of torture aligns with the Convention Against Torture; cease trying civilians in military courts; create an independent oversight body to address allegations of abuse by security forces.
3. Respect journalists’ right to freedom of expression by restricting the trial of journalists for “publications crimes” stipulated in the Penal Code to civilian courts, and by amending article 11 of the cybercrimes law, to narrow the definition of the hate speech.

Canada strongly encourages Jordan to end restrictions on meetings of civil society under its Crime Prevention law to respect article 21 of the ICCPR and sustain an active and responsible civil society, which is essential to a stable and productive society and a vibrant democracy.

Background

According to UPR Info, a non-profit, non-governmental organization that tracks the Universal Periodic Review (UPR) process, in the first two cycles of the UPR, Jordan received 291 recommendations, of which 219 were accepted (an acceptance rate of 75%). Canada’s most recent recommendations to Jordan focussed on women’s rights, freedom of expression and civil society space.

Jordan is a constitutional democracy. Freedom of expression and freedom of assembly are guaranteed in law. The Government of Jordan has taken steps to improve respect for human rights, including adopting a national human rights action plan, and appointing a human rights coordinator, based in the Prime Minister’s office. The government also adopted an ambitious 10-year national action plan to enhance the wellbeing of persons with disabilities. It has also made progress toward improving the status of women. This had included implementing an electoral quota for women at different levels of government and abolishing a provision that permitted a rapist to escape punishment by marrying his victim. Women’s shelters have opened. Jordan has also welcomed a very large number of Syrian refugees. Important penal code procedural changes were adopted in the summer of 2017.

Despite many positive steps, significant challenges remain for Jordan.

Violence and legal and economic discrimination against women remain common, being rooted in the law as well as in local custom.

According to several international and local non-governmental organizations, legal reforms have introduced constraints on both the freedom of expression and freedom of assembly, including an overly broad definition of hate speech in Jordan’s draft cybercrimes law.  Provisions of the Anti-Terrorism Law are not consistent with the guarantees to a fair trial. Concerns have also been raised around arbitrary detention, abuse of detainees, and limits to the rights of refugees.