Archive for July, 2011

On the Draft of the New Constitutional Amendments

Prelude

I am a firm believer that reform must begin in the law (and in case, the constitution). Though I think social reform is very important, any country of laws and institution is only as good as these laws and institutions. Our most supreme document is the constitution, and reform in the constitution can certainly have far reaching effects.

The first Constitution was introduces in 1952 by King Talal and Prime Minister Tawfiq Abul Huda, as a response from King Talal to his father’s conservative constitution, and an attempt from Abul Huda to stabalize the country. The constitution of 1952 is an impressive document, and was certainly meant to revolutionalize many things in Jordan. And in many cases it did.

But the constitution of 1952 was flawed in three main ways:

  1. Many statements that safeguarded rights to the citizens were concluded by “unless it conflicts with the law”, leaving much room for debate.
  2. Vague terminology was used, especially saying that “the Nation” is the source of powers instead of the “People”, etc.
  3. But the most popular flaw (albiet the least significant) is the number of amendments that took place between the 50s and 80s during King Hussein’s time, where the parliament was slightly weakened.

The Point

The new constitution draft attempts to solve many of these problems.

In a nutshell, the main foci of the new constitution amendments are:

  1. Specificity
    1. Statements that safeguart rights now have very specific exclusions, as opposed to using broad terms like “unless it conflicts with the law”.
    2. Certain terms like “Nation” were replaced by “People” where appropriate.
  2. Human Rights
    1. Jordan was described as a state that is democratic and seeks social equality; this can be a game changer
    2. Emphasis on gender equality
    3. Emphasis on committment to international human rights treaties
    4. Emphasis on rights to opinion, peaceful assembly, and protest
    5. Emphasis against torture of citizens
    6. Emphasis on privacy of information, and including electronic information as a form of private communication
    7. Strong limitation on capital punishment, and an additional proposal to prohibit capital punishment altogether
  3. Revamped Judicial System
    1. A new Supreme Constitutional Court is suggested, to deal with the interpretation of laws and the constitution, as well anything which may violete these interpretations
    2. A new proposal to decrease the influence of religious courts and other special courts
  4. Removed Amendments
    1. One notable amendment was removed, which granted the king the right to keep the Parliament dissolved for longer than the prescribed time. With the new proposal, a dissolved parliament must reconvene in 4 months if a new parliament is not produced.

Favorite snippets:

Addition of II.n. The Hashemite Kingdom of Jordan is a state seeking to fulfill social justice, sustainable development, security, and equality, and achieving a good quality of life for the citizen, and reinforcing respect for Human Rights through citizenship, intellectual pluralism, and the sovereignity of the constitution and the law.

Addition of II.n. The Hashemite Kingdom of Jordan is a state seeking to build Relationship with Arab and International States based on common national and humanitarian goals.

Amendment of II.5. Jordanian citizenship is defined through a law that achieves equality, and may not be rescinded unless as a personal punishment through a final court ruling from the respective court.

Addition: The Nation assumes the responsibility of protecting the Environment

Change: “Citizen is free to express opinion through (…) within bounds of the law” -> “Citizen isf ree to express opinion through (…) insofar as it does not violate the rights of other citizens and society”.

Addition: Citizens are guaranteed the right of peaceful protest. (No “but” or conditions)

Addition: The State supports the freedom of intellectual, artistic, and literary creativity, scientific research, and academia.

Change: The Nation is the Source of All Powers -> The People is the Source of All Powers

Change: King can appoint a Female in a Regency council.

Change: “Capital punishment must not be carried out except in the tightest of circumstances, after an approval from the King. Every sentence of this type is presented by the Cabinet with a statement explaining its opinion. No minor, pregnant woman, recent mother, men over 70, or disabled individual can be executed.

2011
07/17
CATEGORY
Jordan
Politics
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Let Me Speak My Mind: a Trend of Political Bigotry in Jordan?

Disclaimer: this is not intended to sound self-righteous. the word “all” is used often to mean “most people” or “many”. no generalization was meant in absolute terms in this article.

I have not written anything in this blog in a long time. I have tried to start writing many times, but I never could finish. I have been, for the past few months, increasingly frustrated with the stiuation in Jordan; while the government is doing some right moves, politically, I became largely frustrated with the wave of bigotry that has swept our society off its feet. Bigotry in politics is almost deeply enthralled in the hearts and minds of many Jordanians, across classes, political views, roles, and perspectives.

Pro-Government protesters are bigoted against Pro-Reform protesters, considering them unthankful, unpatriotic “scum”.

Pro-Reform protesters are themselves bigoted against Pro-Government protesters, thinking they are government-funded thugs who want ot beat them.

Pro-Government media is bigoted agaisnt many political movements, consdiering them outside-fundedp lots against our security.

Anti-Government media is even more bigoted: against the government, police, and their supporters. Every policy is an evil plot, every anti-Government journalist is a hero, every incident is an attack, every violence is targetting thme, and every politician is corrupt.

Events are blown out of proportion at times, and are silenced at others. Every Jordanian reads the news they agree with, and stop: never the opposite perspectives. Our opponents’ political view does not exist. Our opponents’ perspectives are always unfounded. Our rivals are always bigoted, nonsensical, idiots, and fools–never us.

We need a national dialogue, yet all we do is push each other around. Videos of our protests are sad scenes of people yelling at people, fighting with others, and never listening. Never mind that some are reporters and other are policemen, neverm ind that some are politicians and others are activists, all act the same: Like the stereotypical impulsive man, violent, angry, bigoted, and never listens.

I try to go both ways, sometimes criticize the government, and at others support it, depending on what I think (though recently I admit I am doing more support than criticize, but I’m convinced I’m still rational about it). Yet, whenever I criticize, or express the need for a reform, I am called naive by some, and anti-Jordanian by others. And when I express that I don’t think the government was wrong in X, or that the government is doing the right thing in Y, I am either uneducated or have some sort of interest.

After debates with some, I often hear that people are surprised how there is someone smart who thinks differently. So let me be very clear:

People subscribe to all sorts of thoughts, beliefs, and views. Some views might be better than others, but all are debatable. Nothing is obviously true, and very little is obviously false. Most of those who subscribe to views possess a well-thought, legitimate reason, and many philosophical arguments, that lead them to possess a view. No view, belief, or side is exclusively more intelligent or just. My view can still be better than yours, and I will continue to defend it with confidence, but never condescension.

Political reform is essential, but the society must also rise up. We need a new atmosphere where one is not ridiculed for speaking his mind.

2011
07/17
CATEGORY
Jordan
Politics
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