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The Right to Peaceful Assembly in Jordan: Between Legislative Restrictions and Security Practices

HuMENA for Human Rights and Civic Engagement has released its latest report, titled “The Right to Peaceful Assembly in Jordan: Between Legislative Restrictions and Security Practices.” This comprehensive study explores the legal framework and field practices governing the right to peaceful assembly in the Hashemite Kingdom of Jordan. The report examines the legislative and historical contexts related to this fundamental right, shedding light on the challenges faced by individuals and civil society in exercising it.

The report aims to highlight Jordan’s trajectory in safeguarding the right to peaceful assembly in alignment with international treaties and conventions. It focuses on the legal mechanisms regulating this right, analyzing recent amendments to the Public Meetings Law and assessing the balance between the right to peaceful assembly and the state’s authority to impose restrictions aimed at maintaining public order and security.

The report delves into the legal framework governing the right to peaceful assembly in Jordan, starting with constitutional provisions, particularly Article 16 of the Jordanian Constitution, which guarantees this right. It also analyzes laws such as Law No. 5 of 2011 regulating public meetings and evaluates their compliance with Jordan’s international commitments, particularly the International Covenant on Civil and Political Rights. Furthermore, the report underscores the discrepancies between the legal framework and its practical application, pointing out legislative gaps that are exploited to restrict freedom of assembly and grant broad administrative powers to regulate this right.

From a historical perspective, the report traces the evolution of the right to peaceful assembly in Jordan through various contexts, starting with the economic protests of the 1980s and leading up to the wave of protests during the Arab Spring in 2011. It highlights how these events have influenced the development of legislation and policies related to freedom of assembly, demonstrating that political and economic factors have always been decisive in shaping these rights.

Regarding the current situation, the report documents repeated violations by security forces in handling peaceful assemblies. It cites instances of excessive use of force to disperse protests, arbitrary arrests, and the mistreatment of detainees. The report also highlights the administrative restrictions imposed on organizing assemblies, making the exercise of this right fraught with risks and challenges.

The report sheds light on the role of civil society in addressing these restrictions, with NGOs playing a key role in raising awareness about citizens’ rights, documenting violations, and advocating for legislative reforms. However, civil society faces legal and administrative constraints that hinder its ability to operate freely, further shrinking the space available for human rights activism in the country.

The report includes a case study featuring the experience of Mariam (a pseudonym), a human rights activist who faced arbitrary arrest and inhumane detention conditions for participating in peaceful protests. Her testimony details the psychological and physical harm she endured, as well as violations of her basic rights, including the denial of necessary medical care and access to legal representation during investigations.

The report concludes with an urgent call to strengthen the legislative framework governing the right to peaceful assembly and ensure its alignment with international human rights standards. It emphasizes the need to enhance accountability mechanisms to hold perpetrators of violations responsible and to provide legal and practical protections for citizens exercising their right to express their views through peaceful assemblies.

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