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Introduction
The issue of Human Rights enjoyed special attention in the Twentieth
Century, particularly during its second half. Many specialists exerted
remarkable efforts in codifying these Rights drawing on: 1) HR natural
foundations of HR (individual and social entities), 2) HR intellectual
foundations (religious, philosophic, and political thought), and
3) HR foundations in national and international laws.
Thus, Human Rights are not a subject of concern to a group of individuals
specializing in one theoretic or practical discipline, because Human
Rights affect every human being by nature of their creation: they
know by instincts they have rights.
As mentioned above, the Human Rights issue enjoyed tremendous interest
after the Second World War on the national and international levels.
This interest was represented in forging and drafting these Rights
in constitutions and international conventions, covenants, and declarations;
implementing their articles; and monitoring their implementation.
Standing in the forefront of these efforts is the Universal Declaration
of Human Rights, and the group of its branching declarations, which
are considered major implementation tools adopted by the international
community.
The Jordanian government has noted the importance of this issue
in activating its economic, social, and cultural development process.
It established as a beginning step the Human Rights Directorate
at the Prime Ministry. The Directorate was recently upgraded into
a Department (effective 1/7/1999), whose director directly reports
to the Prime Minister, thus allowing it a margin of executive ability
to embark on a number of activities both within and outside the
Kingdom. This is an advanced step in the right direction, and should
be registered to the credit of the present Government. It represents
a recognition and a commitment to human issues; it is compatible
with the activities shouldered by the executive authority through
the Public Freedoms Committee; and helps promote the activities
of the non-governmental sector (organizations and societies) acting
in this field.
According to Regulation No.(23) for the year 1999 on organizing
and administering the Prime Ministry, the newly created Department
is charged with drawing up its mission, its staff job descriptions
in implementation of Article (10) of the Regulation.
In order to draw up clear and weighed missions that rise up to the
expectations of the leadership and government, there was a need
to examine present conditions; previous achievements of the Human
Rights Unit at the Prime Ministry; to identify the missions of national
societies, organizations, and committees acting in this field with
the objective of complementarity, development, and continued building
within a comprehensive outlook that seeks to realize the interest
of the Homeland and its citizens.
Why a Human Rights Department?
In the years that followed the Universal Declaration of Human Rights,
the world, including Jordan, faced domestic and foreign challenges
resulting from economic and social developments that prevailed during
the fifties of this century. Some of these challenges include: development;
increased population; poverty and famine in some countries; refugees
and displaced people in others; immigrant workers; issues of women,
children and youth; minorities; needy endogenous people; and recently
the issues of drugs, violence, terrorism, regional conflicts, nuclear
horror, the environment and pollution.
These challenges face the world in general, and each state and government
in particular. They require a lengthy stop and a dedication of efforts,
a stop dedicated to drawing up strategies, policies, and new projects
that deal with human issues in a spirit of reality and commitment,
within a national and international system that takes a profound
consideration to human beings and their rights, accompanied by a
level of comprehensiveness that would allow for curbing the negative
impact on human and local communities.
In other words, there are important roles to be played by governmental
and non-governmental institutions, in working seriously on finding
a solid and concrete basis of cooperation; adopting effective mechanisms
that guarantee and safeguard citizens' rights; and implementing
international conventions and declarations.
Identifying the effective mechanisms to be adopted by the government,
i.e. the Department's functions, required drawing up a draft project
that sets within a clear vision, the Department's mission and targeted
objectives.
HM King Abdulla's directives in the preamble of his Letter of Designation
addressed to HE Rawabdeh on 4/3/1999 included a clear vision of
the role of Human Rights in promoting national unity:
"The phase requires drawing up clear schemes and approaches
that specify citizens' concerns and needs, and draw up practical
and effective solutions to those concerns and needs, and rises up
to implement them realistically within the capabilities of the Homeland.
Therefore I find there is a need to focus on the following issues:
1- That national unity is one of the fundamental elements that strengthen
and fortify the homeland, and prevent infiltration and fragmentation.
Jordan has always been a homeland for all Arabs, a role model for
a community of a united and closely knit family during good and
bad times, where everyone is a partner in working and building,
protecting the homeland, and commitment to its interests. Jordanians
are all, men and women, regardless of their origins, races, religions,
or ideas, are equal before the law, partners in performing their
duties and enjoying benefits. Enhancing national unity is achieved
by the rule of law over all without discrimination for any reason,
by consolidating the democratic approach; the protection of human
rights; implementing the principles of justice according to clear
and sound criteria; establishing a balance among the regions and
areas of the state; and firmly applying the law on anyone and everyone
causing discord, or attempting to tamper with the national fabric.
The state, with its constitutional powers, is the only representative
of the whole people; it is responsible for safeguarding the rights
of all of its groups. Duty calls on us to unify all efforts in order
for citizens to stand in a single solid rank in building the Homeland,
protecting its security and stability, and drawing up its bright
future, with the will of God."
The Government has pledged to implement the Royal Directives, stating
in the Prime Minister's reply that: "The Government shall do
its utmost to implement the royal directives and meet its expectations
in consolidating the foundations of the Homeland, and building it
in order for each citizen to be proud and happy, in an atmosphere
of freedom and democracy, pluralism, the rule of law, protecting
human rights, fostering national unity, and unleashing creative
and distinguished capabilities, in close cooperation with the legislative
authority, the representative of the whole people, in a framework
of constructive complementarity, interaction, and continuous harmony.
And in cooperation with the judicial authority- a source of our
pride- in a framework of safeguarding its full independence, providing
it with the maximum degree of care that would guarantee it performing
its role in protecting rights and freedoms within the law."
This condition, represented in "directives: commitment",
aspired to achieve the objectives of consolidating the foundations
of the Homeland and the well- being of its citizens within a well-developed
human climate. Achieving these objectives involved tremendous tasks,
which in turn created an essential need for responsiveness, preparation,
and decisive measures, including the use of modern methodology and
technology, and unconventional administrative approaches, an example
of which is strategic planning that incorporates the participation
of NGOs with a long experience in Human Rights, in order to translate
the requirements and aspirations into a reality.
Mission Hierarchy
The Mission of the Department constitutes one part of what it has
proposed as a scheme of its function, and reflects the role of a
human rights governmental institution. This Mission is summed up
in:
1. Adopting clear and immediately applicable tasks for the Human
Rights Department within a modern organizational structure of the
Prime Ministry.
2. Providing support for the Department in performing its tasks,
particularly those related to implementing, and following up the
implementation, of international human rights declarations.
3. Transforming the HR Department into an executive arm of the Prime
Minister in implementing the Government's program.
4. Supporting and helping national public organizations in drawing
up the State's HR policy, and participating in its implementation.
5. Enhancing national unity with the prevalence of the rule of law
on all without discrimination, and consolidating the democratic
approach and HR protection.
6. Consolidating the foundations of the Homeland, promoting its
development and the well- fare of its citizens.
7. Presenting a bright and civilized image on Jordan with the advent
of the next century, and promoting its position on the world map.
Outcomes Expected From Achieving the Proposed Scheme's Objectives
The objective of the proposed scheme has already been stated as
the transformation of the HR Department into one of the executive
arms used by the Prime Minister in implementing the government's
HR Program, the following outcomes would achieve this objective:
1. Creating a data base on:
· The Universal Declaration on Human Rights and relevant
conventions.
· HR Committees, their missions, members, achievements, etc.
· National public HR societies and organizations.
· Arab HR societies and organizations.
· International HR societies and organizations.
· International reports on the Middle East issued on this
field, particularly those related to Jordan, and the responses to
their inquiries.
2. Establishing and adopting an effective mechanism for the Department's
work, particularly concerning correspondence and inquiries related
to individual cases, detentions, arrests, etc.
3. Periodic reports submitted to the Prime Minster covering information
on the latest HR developments on the local, Arab, regional, and
international levels.
4. Periodic or monthly reports submitted to the Prime Minister on
the Department's activities and achievements.
5. Providing information on the conditions of: women, children,
youth, the elderly, prisons (reformatories), prisoners, and crimes
of honour.
6. Following up, analyzing, and drawing on recommendations of HR
conferences, seminars, and other meetings.
7. Holding an annual program on HR awareness raising activities
in the three regions of the country: the North, the Center, and
the South, with the purpose of spreading awareness in the Kingdom.
8. Providing interesting curricular and extracurricular materials
for the various educational stages.
9. The Department is linked with an international HR network in
order to exchange expertise and information.
10. A group of specialized committees work with the Department in
several fields, including teaching HR.
11. A package of projects implemented by the Department, funded
by international bodies and organizations.
Activities and Procedures
In order for the HR Department to draw up its draft action plan,
there was a need to rely on several sources to collect information
on activities and achievements, and build on them instead of starting
from zero point, such sources included:
1. Prime Ministry HR files: to identify transactions and their types.
It was evident that most procedures are related to inquiring from
official parties, particularly the Ministry of Interior, on political
detentions and arrests; the participation in preparing international
HR workshops; the participation in drafting Jordanian official responses
to international HR organizations reports, including Amnesty International.
2. Identifying national committees, organizations, and societies,
and identifying their fields of work with the purpose of cooperation
and coordination in joint projects.
3. Identifying legislation tackling HR with the purpose of participating
in amending and developing them according to modern age requirements,
including:
· The Jordanian Constitution (rights and duties of Jordanians.)
· The National Charter.
· Democracy and Pluralism (Law on Political Parties.)
· The Penal Code, Personal Status Law, and Nationality Law.
· Refugees and Refugee Camps in Jordan (UN resolution No.
194.)
· Prisons Law.
· The Press and Publications Law.
4. Consolidating relations with Arab and international organizations
relevant to the Department's field of work:
· The Arab Organization for Human Rights.
· Amnesty International.
· UNHCR.
· UNESCO.
· Human Rights Watch.
· And others.
5. Examination and analysis of international declarations in order
to contribute to their implementation in accordance with the stages
of developing and updating the building of a modern state, including:
· The Universal Declaration on Human Rights and relevant
conventions which Jordan has approved during the fifties, sixties,
seventies, eighties, and nineties.
· The Convention on Prohibiting and Punishing the Crime of
Genocide (1950).
· The International Declaration on Eliminating all Forms
of Racial Discrimination (1974).
· The International Covenant on the Economic, Social, and
Cultural Rights.
· The International Declaration on Curbing and Punishing
Racial Segregation Crimes (1974).
· The Declaration on Eliminating all Forms of Discrimination
Against Women.
· The Declaration Against Torture and other forms of Cruel
or Inhumane Treatment (1991).
· The International Declaration Against Racial Segregation
in Sports (1986.)
· The Declaration on the Rights of the Child (1990.)
6. Examining the outcome of a number of meetings and conferences
(conclusions and recommendations) and employing them in the package
of HR projects.
7. The Department will act on benefiting from the cumulative and
intensive expertise of international HR organizations, identifying
their successful experiences in establishing and developing similar
institutions and departments regarding equipment, training, habilitation,
working methodology, and experts, and on designing information and
awareness raising campaigns on HR issues.
Finally, the field of HR is broad and vital, it centrally affects,
and is affected by the government's work and success. Working in
this field dictates many requirements, and calls for the participation
of the various official and public sectors. The HR Department in
this phase needs all the help and support it can get from all concerned
parties in order for this experience to succeed.
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