WORKING PAPER Number 3, July 2009 CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE PATH OF DEMOCRATIC REFORM Sameer Jarrah WORKING PAPER Number 3, July 2009 CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE PATH OF DEMOCRATIC REFORM Sameer Jarrah Saban Center Working Papers are meant to stimulate debate and discussion on difficult policy questions. As with all Brookings pa- pers, Working Papers do not necessarily reflect the views of the Saban Center, the Brookings Institution, or the Institution’s board of trustees. Saban Center Working Papers are available online at www.brookings.edu/sabancenter, and comments may be sent to [email protected]. Table of Contents Executive Summary . .iv Acknowledgements . .vi The Author . vii Introduction . 1 Current Limits to Democracy and Public Freedom in Jordan . 3 The History of Civil Society in Jordan . 5 Jordanian Civil Society Today: The Devaluation of Social Capital . 7 Conclusion and Recommendations . 13 CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE patH of democratic reform The Saban Center at The Brookings Institution iii Executive Summary eginning in the late 1980s, the Hashem- the IMF-inspired economic reforms that they Bite Kingdom of Jordan instituted a series of believe have had harsh effects on the underprivi- economic reforms that have streamlined business leged. Formal political opposition, necessary to the start-ups, encouraged foreign investment, and democratic process, has never had the opportunity reduced bureaucracy. Despite these reforms to to emerge, and to this day does not present any real the economic sector, the country has maintained challenge to the government. a tight grip on political reforms. Specifically, as the number of non-governmental organizations While civil society groups must conduct internal (NGOs) has increased—doubling since 1989— reforms, the monarchy and the Jordanian govern- so too have the restrictions on their activities. As ment must also realize that opening up the public such, while there is a picture of political liberaliza- arena in the kingdom is in everyone’s best interests, tion in Jordan, NGOs have very little influence in and they must take the necessary steps to make this the political sphere. The existence of a large civic happen. It has become ever more urgent to imple- sector is therefore a façade that is merely part of the ment political reform because the government’s regime’s survival strategy. adoption of economic policies that lack a popular mandate has caused social tensions. The middle and Yet, the regime’s measures—passing laws that con- lower classes are increasingly made to bear burdens trol civic groups, using state institutions (primarily through high rates of poverty and unemployment, the security apparatus) to restrict NGO indepen- which is widening the gap between high-income dence, and limiting public freedoms in the name of and mid- and low-income populations. security—are not the only cause for blame. Many NGOs in Jordan suffer from their own internally- The monarchy, therefore, should work to strength- generated problems, including short sightedness en civil society by reducing legal and political ob- with regard to their goals, lack of strategic plan- stacles. Specifically, the monarchy should: ning, weakness of their administrative bodies, and unqualified staff. Reject the notion that free political discus- sion is, in itself, a threat to national security. The weakness of Jordan’s civil society is closely re- A gradual opening of political space might lated to the overall limitation of the political op- help contain a radical fringe of Islamists that position in Jordan. The opposition’s main concerns has appeared in recent years and has shown no have been limited to anti-Zionism and challenging reluctance to use violence. This could result CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE patH of democratic reform The Saban Center at The Brookings Institution iv in an enhancement of the Jordanian govern- Establish a constitutional court. The 1991 ment’s legitimacy as violent opposition orga- National Charter calls for establishing such nizations become delegitimized. a court to “decide on disputes and chal- lenges pertaining to the constitutionality of Pass a new elections law and ensure regular laws and decrees which are brought before it elections. New legislation must be passed by interested parties.” Doing so would lend that ushers in wider representation of the credibility to the legislative process. people, more justice in the distribution of electoral constituencies, and a broader base Without such changes, the government will con- for political participation. tinue to find itself in confrontation with major so- cial groups, whether they are organized into legal Repeal the Public Assemblies Law and in- associations or not. Without an ability to assemble crease press freedom. The Public Assemblies peacefully and advocate for their needs and priori- Law constitutes a violation of international ties, citizens will continually seek to circumvent human rights conventions to which Jordan government restrictions by manipulating the law has committed itself. In addition, the Press and operating clandestinely. This is harmful not and Publication Law, Number 8 of 1998, only to the prospects for true democratic reform, which provides only a marginal degree of but to Jordan’s overall security and stability. publication freedom, must also be amended. CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE patH of democratic reform The Saban Center at The Brookings Institution v Acknowledgements “A journey of a thousand miles begins with a single step.” —Confucius y journey of a thousand miles began a while To Martin Indyk, thank you for your confidence Mago, and while I was taking my steps, I in my work which allowed me to carry out this found old acquaintances and made new ones. It project and publish my writings. is in them that I have come to find support and encouragement for the path of change I hope to To Tamara Wittes, I would like to express my create with my work and writings. deepest appreciation for your patience, guidance, and persistence. It is because of you that I was able A great deal of respect and gratitude stems from to translate my opinion onto paper and have my within for those who have shared their experience, voice heard. knowledge, and unconditional guidance. Like me, they have stayed up late working and editing my To Andrew Masloski and Ariel Kastner, I would writings; to them all I am grateful. like to thank you for spending long hours in front of the computer screen conducting research. I am grateful to Todd Patkin for enabling me to Without the information, my work would have be the first Todd G. Patkin Visiting Fellow in Arab been weakened. Democracy and Development at the Saban Center at Brookings. This paper is the product of just one To everyone at the Saban Center, I thank you for of his acts of generosity. walking with me on my long journey. CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE patH of democratic reform The Saban Center at The Brookings Institution vi The Author ameer Jarrah is currently working with Freedom Democracies, and the International Committee on SHouse as a Project Director of the New Genera- Human Rights Law and Practice. Jarrah was a Pro- tion Program in the Middle East and North Africa. tection Officer,H uman Rights Officer, and Liaison He is a Jordanian international lawyer with exten- Officer with the HUN CR in Jordan and regionally. sive experience in the field of democracy and human He was the 2007 Todd G. Patkin Visiting Fellow rights. He is the founder of the Arab World Center in Arab Democracy and Development at the Sa- for Democratic Development and Human Rights ban Center for Middle East Policy at the Brookings in Jordan, and a member of the international steer- Institution. In 2007, Jarrah was recognized as the ing committees of the Network of Democrats in the 2007 Advocate of the Year by Street Law, an inter- Arab World, the Council for the Community of national human rights organization. CIVIL SOCIETY AND PUBLIC FREEDOM IN JORDAN: THE patH of democratic reform The Saban Center at The Brookings Institution vii Introduction ordan’s push for economic reform began 20 expanded political liberalization and democrati- Jyears ago, in 1989, when the country reluc- zation. Political-reform inertia is evident in the tantly agreed to the International Monetary Fund’s continued intransigence of political elites, and (IMF) adjustment measures. These measures in- also in the king’s reliance on royal decrees, rather cluded reducing the government’s budget deficit than working through the parliamentary mecha- by increasing certain taxes and cutting subsidies nisms of his constitutional monarchy. Though Jor- for a number of products, and containing mon- dan’s Legislative Council was an early experiment etary expansion by reducing government bor- in democracy and pluralism, and throughout its rowing from the domestic banking system.1 The 80-year history has been a cornerstone of Jordan’s reforms followed a prolonged economic crisis that political life, it has its flaws: the party system is had caused a rapid devaluation of the Jordanian weak, personality cliques are powerful, and a coali- dinar, skyrocketing national debt, and rising in- tion of Islamists and tribal conservatives routinely flation and unemployment. Under King Hussein find enough common ground to block the govern- and especially now under King Abdullah II, Jordan ment’s more progressive proposed reforms. has taken steps to reform its economy, particularly through efforts to streamline business start-ups, While reform, therefore, is necessary, it may be dif- encourage foreign investment, and reduce bureau- ficult to achieve because it is dependent on the full cracy. But despite this economic progress, Jordan participation of three groups: the public, civil soci- has fared worse with its political reforms.