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King of Jordan urged to reconsider draft NGO law 13 August 2008 - A draft law, currently awaiting the approval of Jordanian King Abdullah II, could curtail the activities of the country's civil society groups, warns CIVICUS: World Alliance for Citizen Participation. Jordanian and international experts have voiced concern over the unjustified restrictions on the activities of civil society organisations (CSOs) - including barriers to foreign funding and excessive control over activities - contained in the draft Law on Societies 2008, passed by the country's National Assembly on 11 July 2008. "We urge the King to seriously consider the possible impact of the law. If passed, the draft law will constrain civil society, and undermine the perceptions of Jordan's democracy internationally and among its own people, says Ingrid Srinath, Secretary General of CIVICUS. The law fails to comply with freedom of association guarantees contained in Jordan's 1952 Constitution, as well as the country's obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Arab Charter on Human Rights (ACHR). The following are a few key areas of concern: 1. Unjustified Restrictions on Foreign Funding: CSOs must submit an application to the government before accepting any foreign contribution. This creates unnecessary bureaucratic hurdles for the many CSOs that regularly receive funds from international donors. 2. Excessive Official Oversight: The government is allowed excessive control over the operations of CSOs. This could impact on civil society's ability to function independently and contribute meaningfully to public debates. The following are key areas of concern:
In addition to submitting annual reports and having their budgets audited annually, CSOs are required to submit an annual action plan, which may rob them of the flexibility to tailor their programmes mid-year to meet emerging public needs and attend to disaster situations. 3. Wide Discretion to Close CSOs: The draft law allows authorities to dissolve any organisation based on vague grounds such as not having "embarked upon its activities or it suspended its activities for a full year". CSOs that use funds from abroad without permission can also be closed. 4. Inappropriate Criminal Punishments: The draft law contains excessive penalties for violating certain provisions. These penalties are enforced, without prior warning or opportunity to correct a violation. Penalties include fines for spending funds contrary to an organisation's goals and receiving domestic financial contributions without governmental permission, and minimum three month's imprisonment and/or fine for keeping or using funding from abroad without permission. Moreover, anyone found guilty of the above infractions is prohibited from serving on the Board of Directors CIVICUS believes that enactment of the draft law in its present form will negatively impact civil society space and activities in Jordan. "We call upon the King of Jordan to reflect on the arguments put forward by civil society and return the law to the National Assembly for further discussion," said Srinath. NOTE: For more information, please contact Julie Middleton at the CIVICUS Civil Society Watch programme at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or +27 11 833 5959 x139. |
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