Press Freedoms in Jordan Sa’eda Kilani Euro- Mediterranean Human Rights Network «‰‘»„…†«‰«Ë—ˆ≠†Â Ë”◊Í…†‰Õ‚Ë‚†«‰«Ê”«Ê Press Freedoms in Jordan Sa’eda Kilani Euro- Mediterranean Human Rights Network Tel: +45 32 69 89 12 Fax: +45 32 69 89 01 E-mail: [email protected] Web: www.euromedrights.net Arab Archives Institute Tel: +962-6-4656682 Fax: +962-6-4656694 e-mail: [email protected] PO Box: 815454 Amman- Jordan Press Freedoms In Jordan Part I Introduction Background to the Report The Report 1- Overview of the Press Laws 2- Series of Press Laws a. The 1997 law b. The 1998 law c. The 1999 Law D- The Penal Code amendments of 2001 3-Alternate Pressure Tools 4- Government Versus the Press a. The story of al Majd b. Story of Al Arab Al Yawm c. Free Zone Media City Law Higher Media Council 5- Recommendations Part II Chronology of events from 1997 and until 2002 Part III a. The 1999 Press and Publications law b. Other Jordanian Legislation related to Press Freedoms c. Jordan’s National and International Obligations d. Black Year for Democracy in Jordan Part IV Correspondence between EMHRN and the Jordanian government And Correspondence between the government and the EU Information on the EMHRN Biography of the author PRESS FREEDOMS IN JORDAN Part I INTRODUCTION This is the second report the Euro-Mediterranean Human Rights Network (EMHRN) adopts on press freedoms in Jordan. The report attempts to evaluate the status of the press and freedom of expression in the Kingdom of Jordan since 1998 and until 2001. It also hopes to constitute a basis for the pursuit of dialogue with the Jordanian government which was initiated in 1999 following EMHRN’s first report “Black Year for Democracy”. The report, written by Ms. Sa’eda Kilani, human rights activist and director of the Arab Archives Institute, and supported by seven international human rights organisations, was the basis for a motion for a resolution at the European Parliament late 1998. ARTICLE 19, the Committee to Protect Journalists, Human Rights Watch, International Federation of Human Rights (FIDH), Reporters sans Frontières, and Centre for Media Freedom in the Middle East and North Africa and EMHRN all supported the report which criticised Jordan for not upholding its national and international human rights commitments when it promulgated the Press and Publications Law in September 1998. The 1998 report induced public debate in Jordan, in the international press and in the EU institutions after which EMHRN, which adopted and published the report, received an invitation by the Jordanian government to visit the country. The invitation was welcomed by EMHRN as a step towards reforming the press and publications law and the strengthening of dialogue between governments and civil society in the region. EMHRN’s delegation was composed of Abdelaziz Bennani, the network’s President (at the time also president of the Moroccan Organisation for Human Rights) and Morten Kjaerum, member of the Network’s Executive Committee, (also Director of the Danish Centre for Human Rights). During the three-day visit, the delegation met with representatives of Jordanian human rights organisations (NGOs), the press, representatives of the Jordan Press Association (JPA), Speakers of the Lower House and the Senate, Director of the Press and Publications Department, and (then) Prime Minister Abdul Raouf Rawabdeh. The meetings were conducted in an open atmosphere. Particularly promising was Rawabdeh’s commitment to publish international covenants and treaties ratified by Jordan in the Official Gazette- a first step towards bringing national legislation into conformity with Jordan’s international commitments. At the conclusion of the official visit, both parties agreed to continue dialogue on press freedoms. Subsequently, EMHRN asked Ms. Sa’eda Kilani to write a new comprehensive report on press freedoms in the country upon which further dialogue could be pursued. Report Summary The purpose of this report is to present main issues related to the situation of press freedoms in Jordan. The aim is to further dialogue on how to promote and protect press freedoms in Jordan on the basis of international human rights principles to which the country has committed itself. In particular: * The International Covenant on Civil and Political Rights, which includes free expression guarantees enshrined in Article 19; * The Barcelona Declaration of November 1995 which aims at fostering dialogue, peace, stability and prosperity in the Mediterranean region by respecting human rights and fundamental freedoms including freedom of expression; and * The Association Agreement with the EU (of November 1997), article 2 which states that its provisions shall be based on the respect of democratic principles and the fundamentals of human rights as set out in the Universal Declaration of Human Rights. This second report projects a critical picture of the press situation in Jordan: The first chapter outlines the events that led to the Jordanian government’s invitation to EMHRN, i.e. the publication of the 1998 report: “Black year for Democracy in Jordan”; the presentation of the report at the European Parliament by EMHRN; and the ensued debate. The second chapter gives an overview of the development of press freedoms in Jordan since the beginning of the liberalisation process in 1989. It highlights the flourishing era of the Jordanian press between 1993 and 1997, the rise of private publications and the unprecedented free debates on controversial issues in Jordan. Finally, it describes the ensuing downfall period that followed and prevailed until today. The third chapter describes how the 1997 draft law was enacted and the subsequent adoption of the 1998 Press and Publications Law. The highly-criticised 1997 and 1998 press laws imposed a growing regime of censorship, granted government extensive control over independent newspapers, allowed the closure of newspapers for a variety of broadly-worded infringements and restricted the work of foreign and local research institutes and centres. The chapter describes the circumstances that prevailed in 1999 and the amendments introduced to the law in September that year. It also embarks on government strategies towards the press with regard to appointments in the information sector; intimidation, harassment and pressures against journalists and organised government campaigns against the press. The report also reviews the articles of the 1999 law that remain contrary to international human rights standards, such as: government licensing of publications, government ownership of newspapers, mandatory membership of the Jordanian Press Association, prior censorship of books and publications, and restrictions on research centres as well as pre-trial detention that exists in the Fundamentals of Criminal Trials Code. The report welcomes the removal of the content bans that existed in previous press laws but at the same time it shows how attacks and censorship still prevail on press freedom when it comes to sensitive issues considered as related to the security of the state; and the protection of ‘traditional values’. It also describes how authorities use information black- out, and other types of pressure to co-opt journalists. In the final chapter, the report describes further mechanisms for silencing the press by analysing three case stories: the suspension of the weekly Al Majd in February 1999; the harassment of the private daily, Al Arab Al Yawm; and finally the abortion of plans to create a free media zone in the country. It also embarks on the harsh amendments to the penal code that were introduced by Ali Abul Ragheb government and its plans to abolish the information ministry. FINDINGS AND RECOMMENDATIONS Based on the findings of the report, EMHRN wishes to present the following conclusions: There are several laws governing the journalism profession and impeding the development of free press. In addition to the Press and Publications Law and the Jordan Press Association law, journalists are also prosecuted on several other restrictive laws, mainly, the Penal Code, Contempt of Courts Law, Protection of State Secrets and documents. All five laws contain provisions that restrict the work of journalists. In particular, the government is the party that licenses publications; censorship on books and foreign publications are allowed by law; conditions on who may become a journalist are enforced. In addition, access to information is almost non-existent except for mainly the material provided by government sources. EMHRN’s main recommendations with regard to the reform of the laws- and in co- operation with several international and national human rights NGOs (1) - are the following: - Restrictions on who may practise journalism, own a newspaper or be an editor be removed from the law and that mandatory membership requirements be abolished. - Content bans in other legislation such as the Penal Code and the Law on the Protection of State Secrets and Documents be abolished. - Paid-up capital requirements, licensing provisions, all prior censorship provisions, restrictions on research centres and other bodies receiving funding be removed from the law. - The government divests itself of newspaper ownership within a set time frame. - Pre-trial detention of journalists for their professional activities be abolished and that practices aimed at intimidating journalists and other media workers by government officials and other public figures should cease. With regard to the reform process With an average life-span of less than a year since independence in 1946, governments in Jordan have had little time to plan and implement long-term policies in terms of press freedoms nor to build on accumulative work. Each government adopted more or less different policies from its predecessor mostly depending on international and regional changes as well as Jordan’s changing relations with its neighbouring Arab countries. Since May 17, 1997 when the government imposed restrictions on press freedoms through the introduction of a temporary press law, the press corps passed through a tumultuous period.