| For a summary of Jordan’s review at the first UPR cycle please click here. |
17th UPR session
Date of review: 24 October 2013
Date of report adoption: 20 March 2014
Working Group report: A/HRC/25/9
|
SUMMARY SOGIESC issues during Jordan’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Insert the word “gender” or “sex” in article 6 of the Constitution, as a prohibited ground of discrimination;
- Adopt legislation on gender equality;
- Undertake public awareness campaigns on gender equality, including with law enforcement officials;
- Enact a law on violence against women;
- Ensure adequate and fair sentences in cases of killing of women committed in the name of “honour”;
- Establish and use shelters for victims of domestic violence or crimes committed in the name of “honour”, instead of placing women in indefinite protective custody.
II. Excerpts from input reports
National report
No references.
Compilation of UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
15. The Special Rapporteur on violence against women and CEDAW urged Jordan to insert the word “gender” or “sex” in article 6 of the Constitution, as a prohibited ground of discrimination, and adopt legislation on gender equality.
B. Right to life, liberty and security of the person
23. CAT and the HR Committee were concerned that violence against women was a deeply-rooted problem and, as a result, a culture of impunity towards domestic and gender- based violence has evolved. CEDAW urged Jordan to enact a law on violence against women. The Special Rapporteur on violence against women recommended the amendment of articles 98 and 99 of the Penal Code to ensure adequate and fair sentences in cases of killings of women committed in the name of “honour”. The Special Rapporteur also recommended that the Government develop monitoring and evaluation tools to evaluate progress made in eradicating violence against women in a clear systematic way, and integrate such tools in the country’s periodic demographic and health surveys.
24. CAT was concerned that crimes, where a family’s “honour” was thought to be affected, often go unpunished, and when they were punished, the sentences were far less than for equally violent crimes without an “honour” dimension.
Summary of stakeholders’ information
I. Information provided by the accredited national human rights institution of the State under review in full compliance with the Paris Principles
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
19. The NCHR noted that the Penal Code had been amended to ensure greater protection of women from violence. It highlighted the need for other measures such as the activation of legislation on domestic violence and the removal of the grounds for mitigating circumstances under article 340 of the code which exempts perpetrators of “honour” crimes from punishment. It also highlighted the need to activate the Anti-Trafficking Law and provide legal aid to victims of violence against women.
II. Information provided by other stakeholders
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
35. JS1 noted that the Personal Status Law is based on religious rather than civil law. It indicated that the shari’a and religious courts which apply it are not open to women and that this was indicative of their discriminatory character. It stated that this situation perpetuates the inferior status of women in society.
36. JS1 indicated that although women are more accepted in politics, gender stereotypes persist and decisions are taken by men serving predominantly male interests. It noted the absence of women ministers and that a ministry on women’s issues was created in a recent cabinet, but had been removed. It referred to growing religious fundamentalist movements as a factor impeding women’s participation in politics and public life.
37. JS1 recommended the drafting of a gender equality law including the definition of discrimination from CEDAW. JS1 and INSAN recommended including the word gender within article 6 of the Constitution which refers to the equality of Jordanians.
3. Administration of justice, including impunity and the rule of law
55. INSAN, JS1 and JS2 noted that governors have authority to order the detention of a woman in a protective custody, including on the grounds of suspicion of her dishonourable conduct (such as an extended absence from a family home); protecting her life and; in cases of “honour” killing. JS1 stated that the suffering of women threatened by male family members can be intensified under such custody orders. JS2 stated that in the latest survey 17 women were held, some of them for up to 10 years.
56. INSAN, HRW and Alkarama noted that recommendations relating to administrative detention under the UPR had not been implemented and Alkarama that proposals from the Interior Ministry in 2011 to restrict it were never submitted to Parliament. HRW recommended establishing or using shelters for victims of domestic violence or honour crimes.
III. References to SOGI during the Working Group review
A. Presentation by the State under review
11. The delegation stated that in order to further strengthen the rights of women and their participation in public life and the promotion of equality and put an end to certain social practices, Jordan introduced amendments to several laws. Additional new laws have been enacted such as the Law on Protection from Domestic Violence Act, laws on the prohibition of trafficking in human beings while the Personal Status Law of 2010 enhanced the rights of women and children. The delegation emphasized that the Penal Code has been amended in order to put an end to practices that stand in the way of effective implementation of human rights, such as the so-called crimes of honour. To enhance the status of women and to ensure the elimination of all forms of violence, the legislative amendments increased sanctions for crimes of physical violence and such crimes as rape, indecent assault, abduction, and sexual harassment.
B. Interactive dialogue and responses by the State under review
28. Norway was concerned that, despite positive developments, women were still discriminated against within the legal system and violence against women remained widespread. Despite the accepted recommendations, Norway noted tight restrictions on freedom of expression which had intensified since the Arab Spring, as reflected in the amendments to the Press and Publication Law. It made recommendations.
40. Slovenia commended Jordan’s positive changes, but was concerned that impunity towards domestic and gender-based violence remained a problem. It regretted that, despite its acceptance of a relevant recommendation, Jordan had not criminalized corporal punishment of children in the home and in alternative care. It made recommendations.
73. Brazil noted the withdrawal of reservations to the CEDAW and the approval of a bill on protection from domestic violence, but expressed deep concern about the practice of allowing perpetrators of rape to escape prosecution by marrying their victims and about “honour” crimes. It made recommendations.
104. Mexico welcomed constitutional amendments on human rights and noted that Jordan was hosting refugees in line with international law. It noted amendments to the Criminal Code, establishing more severe punishments for sexual violence crimes and eliminating the exoneration of the perpetrators of “honour” killings. It made recommendations.
110. Regarding impunity in cases of violence against women, the delegation stated that the laws and provisions of the penal code do not discriminate against women, on the contrary the sanctions are harder in some cases when the victim is a woman. The law on protection from domestic violence was adopted in order to ensure the full implementation of due process.
IV. Conclusions and/or recommendations
118. The recommendations formulated during the interactive dialogue/listed below have been examined by Jordan and enjoy the support of Jordan:
118.9. Strengthen legislation protecting women and girls from forced or underage marriage and strengthen its penal code regarding rape, in particular by removing article 308 and amending the Penal Code to remove the exemption of those accused of honour crimes from prosecution, and strengthen the enforcement of this legislation, particularly in refugee camps (Canada);
118.31. Take further steps to address discrimination against women, with a particular focus on reducing violence against women (Australia);
118.35. Increase efforts to promote awareness on social level through continuing campaigns that aim at combating all types of discrimination linked to negative cultural norms while protecting the cultural identity of the society (Egypt);
118.43. Strengthen measures to protect women who are victims of or are threatened with violence (France);
118.44. Effectively implement the law on violence against women (Slovenia);
118.45. Reduce all forms of violence against women and children (Estonia);
118.46. Intensify efforts to boost the status of women and eliminate all forms of violence against them (Nigeria);
118.47. Provide training for law enforcement officials dealing with violence against women and ensure the effective protection of victims (Slovakia);
118.48. Continue working to eradicate the practices that allow rapists to avoid prosecution if they marry their victims (Guatemala);
118.51. Ensure proper and effective investigation of all crimes against women, including those with an “honour” element (Slovakia);
118.52. Better protect women against all forms of violence, including “honour” killings, as required under the Criminal Code, the Law on Protection of the Family and the Law of Civil Status (Belgium);
118.53. Continue with the measures aimed at eradicating practices customs involving revenge practices and “honour” crimes (Argentina);
118.55. Work towards the elimination of early, forced and child marriage, in particular taking steps to further limit the circumstances in which those under 18 years of age can marry (Sierra Leone).
The following recommendations were rejected:
119.3. Consider the inclusion of “gender” among the criteria of discrimination (Romania);
119.7. Remove extenuating circumstances for “honour” killings (France).
V. Adoption of the Report
The report of the working group was adopted at the 25th regular session of the Human Rights Council in March 2013.
STATEMENTS
Jordan
In response to recommendation 119.3:
The constitution in Jordan considers people equal before the law. The fact that gender is not mentioned would not be considered as a basis for discrimination because all of the rights that have been included in the national legislations and all the rights that are those of males are the same as the rights for females, and the same applies to duties.
In response to recommendation 119.7:
The general law in the criminal code does not equate the crime perpetrated by somebody consciously or under some influence, and the sanction is also different. Therefore a person perpetrating a crime while had lost control will not go unpunished. Nevertheless, he cannot be punished in the same way as one who committed the crime with predetermination and full will. Therefore, the extenuating circumstance for a crime alleged to have been committed for honour reasons must be evidenced in accordance with article 340 of the penal code, and this is an additional burden of proof on the accused. Therefore to ask for removing this extenuating circumstance would adversely impact the prosecution of perpetrators of crime under the pretext of honour.
The National Center for Human Rights, Jordan
There is also a need for more efforts to combat domestic violence, as well as other forms of discrimination and inequality against women at work places, Initiatives to empower women to reach decision-making positions are still modest.
Human Rights Watch
Women in Jordan continue to experience systematic discrimination in law, including in personal status issues and an inability to pass their Jordanian citizenship to children. By refusing recommendations to lift Jordan’s reservations to articles 9 and 16 of CEDAW, Jordan missed an opportunity to take an important step towards ending this discrimination. (…)
We regret that Jordanian authorities took the approach to simply accept the more general recommendations, therefore missing the important opportunity created by the UPR to make concrete pledges to address important human rights shortcomings raised by many states during the UPR debate.
Amnesty International
Discrimination against women in law and practice is widespread and it is therefore regrettable that Jordan has rejected recommendations to withdraw their reservations to the Convention on the Elimination of All Forms of Discrimination against Women, as well as to amend the Citizenship and Nationality Law to enable Jordanian women to pass on their nationality to their children and spouses on an equal basis with Jordanian men. We urge Jordan to keep these recommendations under review with a view to implementing them in due course.
Verein Sudwind Entwicklungspolitik
We also urge Jordan to withdraw the reservation on article 9 paragraph 2 of CEDAW. The inability of Jordanian women to pass their nationality to their spouses and children ha e a huge negative impact on such families from many different aspects, namely: economical, social, and psychological.
To improve the human rights situation in the country we recommend Jordan to: (…)
– Withdraw all reservations on the Convention on the Elimination of All Forms of Discrimination against Women.
VI. Further information
UPR Documentation