Jordan Rule of Law and Anti-Corruption Assessment
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JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESSMENT Prepared under Task Order, AID-278-TO-13-00001 under the Democracy and Governance Analytical Ser- vices Indefinite Quantity Contract, AID-OAA-I-10-00004. Submitted to: USAID/Jordan Prepared by: Charles Costello Rick Gold Keith Henderson Contractor: Democracy International, Inc. 7600 Wisconsin Avenue, Suite 1010 Bethesda, MD 20814 Tel: 301.961.1660 Email: [email protected] JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESS- MENT June 2013 The authors’ views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS INTRODUCTION ................................................................................. 1 BACKGROUND .................................................................................... 2 PART I: RULE OF LAW ....................................................................... 5 PART II: ANTI-CORRUPTION ......................................................... 24 FINDINGS AND RECOMMENDATIONS ....................................... 46 ANNEX A: PRIORITIZED RECOMMENDED ACTIVITIES......... A-1 ANNEX B: SCOPE OF WORK ........................................................ B-1 ANNEX C: BIBLIOGRAPHY ........................................................... C-1 ANNEX D: LIST OF INTERVIEWEES ........................................... D-1 ACRONYMS ABA American Bar Association ACC Anti-Corruption Commission CC Constitutional Court Convention to Eliminate All Forms of Discrimination CEDAW Against Women CJP European Union Criminal Justice Project CSO Civil Society Organization CSS University of Jordan Centre for Strategic Studies DG Democracy & Governance DI Democracy International, Inc. EU European Union GI Global Integrity GID General Intelligence Directorate GOJ Government of Jordan IEC Independent Elections Commission IMF International Monetary Fund JCLA Justice Center for Legal Aid JIJ Judicial Institute of Jordan JIS Judicial Inspection Service MOJ Ministry of Justice NCHR National Center for Human Rights NGO Non-Governmental Organization NIC National Integrity Commission PSD Public Security Directorate ROL Rule of Law ROLP USAID Rule of Law Project SSC State Security Court JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESSMENT i TI Transparency International UN United Nations UNCAC United Nations Convention Against Corruption UNDP United Nations Development Program USAID U.S. Agency for International Development USG U.S. Government JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESSMENT ii INTRODUCTION This report provides a targeted analysis of the status of rule of law and corruption in Jordan. The analysis, find- ings and prioritized recommendations do not necessarily represent an official position of USAID. Instead, they represent the work of an independent team of experts and are designed to guide the development of a five- year USAID programming strategy for rule of law and anti-corruption. The report includes an assessment of the primary constraints and opportunities for programming in these two areas in an integrated fashion, as well as a review of existing rule of law and anti-corruption programs supported by international donors. As called for in the contract Statement of Work, the report contains separate analyses for rule of law and anti-corruption, with an effort throughout to demonstrate how an integrated program covering both areas might create synergies that would result in greater overall impact. The report includes a recommendation as to whether a single project covering the two areas or separate projects for rule of law and anti-corruption offers greater promise. The rule of law analysis follows the USAID Framework for a Rule of Law Assessment and takes into account current USAID/Jordan projects as well as those of other donors. Given the Mission’s more than decade-long investment in two consecutive rule of law projects, the report draws on a wealth of programming experience and lessons learned, which also include rule of law assessments done in 2008 and 2011. Developments since 2011, particularly the so-called Arab Spring, made a new analysis timely. As the Mission has already made a strategic decision to continue working on rule of law programs as current projects near their endpoints, the analysis focuses on what activities in those projects merit continuation and what new initiatives should be con- sidered. The anti-corruption analysis also follows the USAID Framework for an Anti-Corruption Assessment but with a somewhat different focus. As USAID/Jordan does not have any current anti-corruption programming, the analysis spends more time looking at the basic considerations and enabling environment concerning corrup- tion, also taking into consideration the impact of the Arab Spring. This analysis will help USAID to determine whether a new anti-corruption program is warranted at this time and, if so, what would be the parameters and content of such a program. Following this introductory section, the reader will find a Background section discussing Jordan’s unique coun- try context, followed by a Rule of Law section and an Anti-Corruption section, both of which discuss con- straints and opportunities. A Findings and Recommendations section synthesizes the analysis and lays out key underlying findings from the investigation that in turn lead to recommendations about what programming choices should be made. Annex A then treats in greater detail the project-level activities proposed, in order of priority and with the supporting rationale and expected results, also as requested in the contract Statement of Work. Gender and youth issues receive specific attention. JORDAN RULE OF LAW AND ANTI-CORRUPTION ASSESSMENT 1 BACKGROUND It is worth remembering that Jordan is a very young nation-state. Still a part of the Ottoman Empire when World War I broke out in 1914, local tribes joined the Great Arab Revolt under the leadership of Mecca- born Hashemite Sherif Hussein bin Ali against Ottoman forces, with support from Britain. After the war, in 1921 Britain exercised a League of Nations Mandate over newly recognized Transjordan, with the Hashemite Emir Abdullah. In 1946, only some 70 years ago, the country gained full independence as a nation-state, with Abdullah I proclaimed by Parliament as its first King. The country officially became the Hashemite Kingdom of Jordan in 1949. The dynasty rules Jordan to this day. As a reference point, Amman, though one of the oldest continuously inhabited cities in the world, had a pop- ulation of only some 2,000 people in 1909. In 2010, 100 years later, it numbered 1.9 million, and today prob- ably more than 2 million people, an astounding 1,000% increase. Underlying these numbers is another dra- matic demographic transition as well. Fueled by the influx of Palestinians after the 1948 and 1967 wars with Israel, residents of Palestinian origin with Jordanian citizenship are now estimated to represent as much as two-thirds of today’s total national population of 6.5 million people. Until recently a predominantly rural coun- try, more than 80% of Jordanians now live in urban areas, with the rural-urban divide to a great extent mirror- ing the geographic-origin divide. As a consequence of this history, the basic concept of Jordanian citizenship, felt ties to the monarchy with its tribal foundations, and the self-identity of the Jordanian nation and people itself is still a work in progress. Con- tinued strong tribal loyalties, the demographic divide between so-called East Bankers and those of Palestinian background, and the cultural impact of economic modernization on traditional customs all powerfully define what the democratic “rule of law” principle means in the Jordanian context. This also impacts how it can be strengthened in a powerful but constitutionally-based monarchy with an important symbolic relationship to national identity. Also, corrupt practices, as defined crimes in a modern legal system, still clash with non- transparent government institutions and the widely accepted social custom of favoritism and use of special connections known as wasta to influence public decisions and access to benefits. With practically indefensible borders and a poor natural resource endowment, the desert Kingdom has always been subject to external influences in the turbulent Middle Eastern region. Free-spending fiscal policies con- stantly in excess of revenues in order to support a certain political model have required significant budget support transfers from other countries to remain viable. A laudable long-term program of economic liberaliza- tion, but alongside lower foreign budget support, has constrained the ability to run large fiscal deficits and maintain subsidies on energy and other basic goods. Jordan is in need of an International Monetary Fund (IMF) Agreement to bolster its public finances in spite of the public dissatisfaction the required fiscal austerity pro- gram is certain to bring. Enter also the so-called Arab Spring, the public uprisings beginning in 2008 against autocratic rulers in Arab countries. Jordan, with a political system aptly described as “liberalized authoritarianism,” was not immune to this phenomenon. Continued public demonstrations for reforms beginning in 2010 remained largely peaceful, but prompted King Abdullah II in a nationally televised address in 2011 to announce his objective of a political reform path leading ultimately to a democratic, constitutional monarchy structure.