(NCHR) response to the Human Rights Committee List of issues in relation to the
fifth periodic report of Jordan
Constitutional and legal framework within which the Covenant is implemented (art. 2)
1- There is a limited application of the provisions of the ICCPR in the domestic courts.
This is despite the publication of the core human rights conventions ratified by
Jordan in the Official Gazette in 21/6/2006, thus making them part of the national
legal system, and the Jordanian Court of Cassation case-law, which has established
that international conventions take precedence over domestic law and that they have
priority of application in the event of any incompatibility. The level of application of
the provisions of the ICCPR in the Jordanian courts is either very limited or rare.
Except for the issuance of Amman Implementation Judge decision on 30 March
2014, whereby he refused the request of the judgment creditor to imprison the
judgment debtor, on the grounds that this violates article (11) of the International
Covenant on Civil and Political Rights, there have been no similar court decisions
but only in very limited cases over the last year.
The Judge concerned, explained in its appealable decision that the international
conventions take precedence over domestic laws. Although article (22) of the
Implementation Law permits a creditor to request for the imprisonment of a debtor
in certain circumstances, such as in cases of failure to reimburse a debt or offer a
settlement in accordance with his financial capabilities, nevertheless, this domestic
Law which is lower in rank than the international agreements, failed to convince the
Judge to grant the plaintiff’s request based on this article, which contravenes article
(11) of the ICCPR, which stipulates "No one shall be imprisoned merely on the
ground of inability to fulfill a contractual obligation".
As for the provisions of the Islamic Sharia, it is applicable on adherents of Islam and
Christianity at the desire of the Christian churches in respect of the inheritance issues only,
while the ecclesiastical courts adjudicate the personal status matters of non-muslins.
2- The NCHR Budget is divided into 2 major sections:
a- Operational costs: salaries, wages, premiums, supplies, purchases, maintenance services,
utilities, activities, contributions, participation in conferences, holding of workshops and
delegations’ activities).
b- Capital costs: (technical and office supplies, books, journals, documents, seminars
supplies, seminars and workshops, funding projects.
It is worth highlighting that the NCHR budget has increased by (36%) in 2017, amounting to
(750.000) JD while it was previously (550.000) JD during the period 2014-2016. The NCHR
Board of Trustees adopts the Center’s draft general budget and financial statements and
appoints an auditor for the Center, pursuant to Article (14/H). According to the decision no
(3) of 2009, issued by the Law Interpretation Bureau, the Center's accounts and expenses are
not subject to the control of the Audit Bureau, which is responsible for auditing all public
institutions. In addition to this, Article (19/ D &E) of its Law provides that " the Supervise
the Center’s organizational, administrative and financial affairs, including personnel affairs,
and managing and investing the Center’s funds and movable and immovable assets all falls
within the responsibility of the NCHR Secretariat in accordance with the bases approved by
the Board of Trustees. This degree of the financial and the administrate autonomy is
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