Distr.

GENERAL

E/1990/6/Add.17
23 July 1998


Original: ENGLISH
Second periodic report : Jordan. 23/07/98.
E/1990/6/Add.17. (State Party Report)
Substantive session of 1998


IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Second periodic reports submitted by States parties
under articles 16 and 17 of the Covenant

Addendum

JORDAN* **



[Original: Arabic]

[5 December 1997]





* The initial reports concerning rights covered by articles 6 to 9 (E/1984/6/Add.15), 10 to 12 (E/1986/3/Add.6) and 13 to 15 (E/1982/3/Add.38/Rev.1) submitted by the Government of Jordan were considered by the Committee on Economic, Social and Cultural Rights at its first session in 1987 (see E/C.12/1987/SR.6-8) and at its fifth session in 1990 (see E/C.12/1990/SR.30-32) respectively.

** The information submitted by Jordan in accordance with the guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.18/Rev.1).

CONTENTS
Paragraphs

Article 1 1
Article 2 2
Article 6 3 - 17
Article 7 18 - 33
Article 8 34 - 36
Article 9 37 - 46
Article 10 47 - 54
Article 11 55 - 74
Article 12 75 - 110
Article 13 111 - 123
Article 15 124 - 162


Article 1

1. Jordan is a State that believes in the right of peoples' to self-determination, which it implemented de facto by adopting the resolution sponsored by Egypt at the fifty-first session of the General Assembly of the United Nations in 1996 concerning the right of the Palestinian people to self-determination, comprising the peace process in the Middle East and, in particular, mutual recognition and the signing of the Declaration of Principles on Interim Self-Government Arrangements between the Palestine Liberation Organization and the Government of Israel. Jordan equally underlined the right of all States in the region to live in peace within secure and internationally recognized borders and further adopted the resolution sponsored by Pakistan concerning universal realization of the right of peoples to self-determination.


Article 2

2. Jordan guarantees all the rights in the Covenant to citizens and non-citizens, who accordingly enjoy all facilities and rights. There is no distinction between citizens and non-citizens. These rights were set forth in detail in Jordan's report to the Committee on the Elimination of Racial Discrimination, which was submitted in September 1997.


Article 6

3. Jordan has acceded to the following ILO Conventions:

(a) The Employment Policy Convention, 1964 (No. 122);

(b) The Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

4. Annex 1* shows the Jordanian labour market indicators for 1994-1996 with respect to the size of the population, the Jordanian labour force, the unemployment rate, the (estimated) volume of unemployment, the number of non-Jordanian inhabitants, the net flow of non-Jordanians entering and leaving the country, estimates of the non-Jordanian labour force (50 per cent economic participation rate) and holders of work permits.

5. Since its establishment, the Ministry of Labour has taken in hand the execution of its assigned functions and duties. These functions were modified pursuant to Regulation No. 53 of 1992, which was amended by Regulation No. 38 of 1994, and include regulation of the Jordanian labour market and formulation of the directives required to provide employment opportunities for Jordanians in and outside Jordan in cooperation with the competent authorities. The Directorate of Employment assumes a major role in the process of regulating the labour market and the employment of Jordanian workers within a mechanism represented in:

* The annexes referred to in the present report may be consulted at the Office of the United Nations High Commissioner for Human Rights.

(a) Listing the available job opportunities in private sector companies and institutions through the Directorates of Labour and Employment in the governorates and administrative districts, as well as through daily site visits by labour inspectors;

(b) Referring Jordanian job seekers to the companies and institutions listed as having available job opportunities and following up their cases in order to determine the extent to which such companies cooperate in taking on the individuals referred to them;

(c) Concluding labour agreements with countries that are in a position to recruit Jordanian labour and eventually following up the employment situation in such countries through Jordanian embassies abroad.

6. In recent years, the Jordanian Government has devoted attention to establishing small profit-making ventures financed from special funds, such as the Development and Employment Fund.

7. Article 6/2 of the Constitution stipulates that the State shall guarantee work within the limits of its resources and shall guarantee peace of mind and equality of opportunity to all Jordanians. Article 13 also stipulates that "compulsory employment shall not be imposed on anyone, except in exceptional cases of necessity which are exclusively defined". Article 23 further stipulates that work is the right of all citizens, that the State shall provide work for all Jordanians and that the State shall protect labour and formulate work legislation based on the following principles:

8. On the basis of these constitutional principles, a worker has the complete freedom to choose the work which he wishes to do, as forced labour is ultimately illegal, particularly since Jordan is a signatory to the two ILO Conventions which abolish forced labour, namely Convention Nos. 29 and 105. Those principles also protect both the worker and employment conditions, as they accord workers the right to establish or join a trade union with a view to the protection of their affairs and interests. Moreover, they forbid employers to make the employment of a worker conditional on his non-membership of a trade union or to seek his dismissal or take any action against him, subject to penalty.

9. In Jordan, the implementation of vocational training programmes is undertaken by various parties in the public and private sectors. In the public sector, it is confined to the Vocational Training Institute, which arranges:

(a) Short training course programmes for beginners or for enhancing the skills of those already engaged in a vocation;

(b) Intermediate training programmes lasting one full academic year;

(c) Vocational apprenticeship programmes lasting two years, in addition to a period of in-house training.

10. Those who complete the programmes can have their vocational level tested and obtain a specific skills certificate if they pass.

11. The Ministry of Education offers training in its vocational schools. The education in these schools is regarded as part of the secondary stage covering the two-year period of the eleventh and twelfth forms whereby the trainee or pupil obtains a general secondary vocational certificate that enables him to acquire a skilled worker certificate.

12. The Ministry of Higher Education has links with community colleges which have a two-year period of post-secondary study leading to a technical certificate (annex 2 concerning vocational training programmes).

13. There are no inconsistencies, exceptions or limitations in the legislative acts, administrative practices and working relationships between individuals and groups in Jordan. On the contrary, the Jordanian Constitution provides for equal opportunities among Jordanians without distinction. Similarly, under article 3 of the Labour Act, a worker is defined as any male or female person who performs a job in return for pay and is subject to the authority and control of an employer. This includes juveniles and any person who is in the process of gaining experience or qualifications. The word "worker" is therefore absolute, without qualification or distinction, and the rights and privileges accorded to Jordanian workers are accorded to all workers, regardless of their sex, nationality, race, colour, religion, social origin or political opinion. This is as stated in legislative acts and as followed in practice.

14. As for distinctions in vocational guidance and training, all Jordanian legislative acts are in keeping with the Constitution, the provisions of which stipulate that all citizens have equal rights and obligations without distinction among them on any ground, including race, colour, sex, religion, national origin or language. Hence, there is no distinction between individuals when it comes to participating in vocational training programmes or benefiting from available work opportunities. The Labour Act provides that vocational guidance is a function to be performed by the Ministry of Labour in addition to its other functions, which include efforts to provide work and employment opportunities in and outside Jordan in cooperation with the competent authorities. The Ministry is responsible for the discharge of employment-related functions and for the provision of work opportunities through its Directorates of Labour and Employment, of which there are 19 country-wide, and its work is performed without the exercise of any distinction among workers.

15. In Jordan, the legislative acts relating to labour and workers are applied without difficulty, conflict or dispute.

16. Annex 3 shows the proportion of individuals who have more than one job in order to ensure an appropriate living standard for themselves and their families.

17. A detailed reply was given in Jordan's report submitted to the Committee on the Elimination of Racial Discrimination in September 1997.


Article 7

18. Jordan has acceded to each of the following ILO Conventions:

- The Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106);

- The Labour Inspection Convention, 1947 (No. 81).

19. The Labour Act establishes a mechanism for fixing minimum wages pursuant to article 52, paragraphs (a) and (b), and article 53. The former prescribes that:

"The Council of Ministers, acting on the submissions of the Minister, shall form a committee composed of an equal number of Ministry representatives, workers and employers. The Council of Ministers shall appoint one of its members as chairman of the committee, which shall assume responsibility for fixing minimum wages in Jordanian currency, both generally and in respect of a specific area or occupation. Membership of the committee shall be for a renewable term of two years. The committee shall convene its meetings whenever necessary by invitation of its chairman and shall submit those of its decisions which are not unanimous to the Minister, who shall take charge of their submission to the Council of Ministers for its decision in their connection, taking into consideration in its pay assessment the living costs drawn up by the competent authorities. The final decisions issued pursuant to this article shall be published in the Official Gazette, including the date of their entry into force."

Article 53 provides that:

20. In connection with the establishment of a minimum wage system and the designation of worker groups by wage, no minimum wages have yet been fixed.

In the event that they are fixed in accordance with the mechanism cited in article 52, they are binding and any employer in contravention thereof is punished by the fine stated in article 53.

21. The needs of workers and their families, together with the prevailing economic factors, are the most important points to be considered when establishing minimum wages, at which time consideration should be given to ensuring that the minimum is sufficient to meet the essential needs of workers and their families. The effort required for the job and the worker's level of skill should also be taken into account and there should be a balance between the interests of workers and employers with a view to maintaining and stabilizing the working relationships between the parties involved in production, given the impact of those relationships on the production process.

22. The average wages have not yet been determined.

23. Article 6/2 of the Jordanian Constitution stipulates the right of work for all Jordanians and equal opportunity among them, irrespective of whether they are men or women, as also stated in the National Charter, which similarly provides for equality among them. With reference to the Labour Act and the definition of the word "worker", the latter comprises males and females and any rights or privileges accorded under a provision of the Labour Act are accorded to workers in general, irrespective of sex. The Jordanian Government is committed to the provisions contained in the ILO Conventions and no actual distinction based on female gender is made between working women and working men.

24. Annex 4 shows the distribution of the income of employees in Jordan.

25. The Ministry of Labour has a labour inspection agency that is concerned with following up the application of the provisions of legislative acts on labour, subject to penalty.

26. Concerning legal and administrative provisions specifying minimum occupational health and safety conditions, section IX of the Labour Act No. 8 of 1996 stipulates that employers are required to provide the following:

27. The provisions of the Act are applied by means of site visits to establishments by qualified technical personnel who are responsible for providing guidelines to the parties involved in production with a view to ensuring minimum limits in matters of occupational health and safety and devising appropriate solutions for the avoidance of industrial accidents and injuries.

28. The groups of workers excluded from existing plans pursuant to the Labour Act are agricultural workers, domestic servants, public servants, municipal employees and members of an employer's family who work for him without pay, such groups being exempt from application of the provisions of the Labour Act. Juveniles under 17 years of age are not permitted to engage in heavy and dangerous work which is harmful to health.

29. Annex 5 concerning statistics on industrial accidents and injuries.

30. Concerning equal promotion opportunities in Jordan, no group of men or women is denied equal opportunities in the de facto application of the principle of equal promotion.

31. The laws and practices in force relating to rest, free time and fixed working hours are the following:

(a) Section VIII of the Labour Act No. 8 of 1996 regulates all working terms and conditions, including daily, weekly and annual rest, fixed working hours, overtime pay and so forth. All such matters are regulated by binding legal provisions, which, if contravened, result in the penalties specified in the Act (annex 6);

(b) Public servants and municipal employees are excluded from the provisions of the Labour Act, as they are governed by legislative acts which are exclusive to them alone. Domestic servants, domestic chefs, members of an employer's family who work for him without pay and agricultural workers are also excluded, with the exception of those whom the Council of Ministers decides to include under the provisions of the Act.

32. The Jordanian Labour Act No. 8 of 1996 is a new Act which came into force on 16 June 1996, thereby annulling Labour Act No. 21 of 1960, as amended. The new Act comprises 142 articles divided among 12 sections comprising details of working terms and conditions, as well as the rights, privileges and duties of both workers and employers.

33. Jordan has ratified 17 international labour conventions and is committed to the provisions which they contain.


Article 8

34. Jordan has ratified the following international agreements:

(a) The International Covenant on Civil and Political Rights;

(b) The ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

35. The substantive conditions for the formation of trade unions are contained in section XI of the Jordanian Labour Act No. 8 of 1996 concerning labour unions and employers' associations (annex 7). There are 17 labour unions in Jordan (annex 8) and 38 associations (annex 9). Membership of trade unions and associations is optional. Each trade union or association consists of a general board. Decisions are implemented by an administrative board that is elected by the general board. Annex 10 contains Procedural Regulation No. 33 of 1963 relating to notices of strike and closure.

36. Members of the armed forces and the police force are public servants and are consequently included among the groups which are exempted from application of the provisions of the Labour Act.


Article 9

37. Jordan has signed the ILO Equality of Treatment (Social Security) Convention, 1992 (No. 118).

38. Jordan applies the Social Security Act No. 30 of 1978, which stipulates that its provisions shall apply to all workers over 16 years of age without any discrimination on grounds of nationality, term or form of contract or nature and amount of remuneration, whether the work is performed mainly in or outside Jordan, without prejudice to the provisions of the international agreements governing the rules on dual insurance.

39. The Social Security Act comprises six types of social insurance, the following two of which have been applied since 1980:

(a) Insurance against industrial accidents and occupational diseases;

(b) Insurance offering old-age, disability and death benefits.

The other types will be applied in future stages in the light of Jordan's economic and social circumstances and the Government's decisions in that respect.

40. The social insurance applied in Jordan comprises all workers who are subject to the provisions of the Labour Act and public servants who are not covered by the State pension laws. The insurance includes entitlements, retirement pensions and sick pensions, as follows:

(a) Old-age pensions at retirement age and early retirement pensions;

(b) Sick pensions on grounds of physical illness or accident;

(c) Benefits for death by natural causes or accident.

41. Entitlements are applied in accordance with the principles and conditions stipulated by law. Where there is no entitlement to monthly retirement or sick pensions, indemnities are paid at one time, depending on the circumstances. The entitlements exceed the minimum levels prescribed pursuant to the relevant international agreements and recommendations. The minimum retirement pension was increased twice in early 1996 and all pensions were increased by 10 per cent at a minimum of 15 dinars monthly and a maximum of 50 dinars.

42. In 1996, the percentage of GNP spending on social security amounted to 0.85 per cent, whereas 10 years earlier, in 1986, it amounted to 0.41 per cent. In 1996, social security spending compared to general spending amounted to 2.55 per cent, whereas 10 years earlier, in 1986, it amounted to 0.9 per cent. It should be noted that the percentage of spending on social security doubled over the past 10 years, thus indicating the growth in such spending, which is rising in the light of the lengthening duration of security, the increase in subscription periods and the fact that the conditions for entitlement are being satisfied by higher numbers of subscribers.

43. By requirement, the applied stages of the two insurances (insurance against industrial accidents and occupational diseases and insurance offering old-age, disability and death benefits) include all workers in every establishment employing five or more workers, as well as those in public institutions, municipal councils, universities and academies. Workers who are not covered by such insurance benefit from an end-of-service gratuity and industrial accident insurance services pursuant to the provisions of the Labour Act and the State pension laws. There are social security (retirement) regulations for professional trade union affiliates, such as doctors, engineers, lawyers and so forth. Insurance companies in the private sector also offer private insurance on the basis of optional individual or group membership.

44. Groups which are not yet covered by social security include workers in establishments employing under five workers, the self-employed, farmers, domestic servants, those employed in sea fishing and those working in the family sphere. These groups may come to be included under social security should the Council of Ministers issue decisions based on future recommendations made by the Social Security Administrative Board. In addition to the Social Security Act, the National Assistance Fund Act was promulgated in 1986 to include the groups which do not benefit from the State pension and social security laws. The Fund provides monthly assistance to the poverty-stricken in accordance with conditions defined by the said Act. It also provides sums of money for the establishment of individual rehabilitation programmes and for emergency aid and health assistance to such groups. The Government formulated a general plan for a social security package aimed at expanding the fields of rehabilitation and the provision of assistance to the poverty-stricken.

45. A draft amendment to the Social Security Act is being prepared at the present time in order to address the loopholes revealed by its actual application and respond to the new economic and social developments in Jordan.

46. In recent years, the Government has adopted the approach of unifying pension legislation within the framework of social security. Accordingly, since the beginning of 1995, new employees who are appointed to the civil service are subject to permanent social security, this being a preliminary step towards the unification of pension regulations under one law, namely the Social Security Act, instead of the present situation where some groups of employees are subject to the State pension laws and others are subject to the Social Security Act.


Article 10

47. Jordan has acceded to each of the following instruments:

(a) The International Covenant on Civil and Political Rights;

(b) The Convention on the Rights of the Child;

(c) The Convention on the Elimination of All Forms of Discrimination against Women;

(d) The ILO Minimum Age Convention No. 138.

48. Article 34 of the Civil Act stipulates as follows:

"(a) A person's family consists of his relatives;

Article 3 of the Rehabilitation and Assistance Directives issued pursuant to the National Assistance Fund Act No. 36 of 1986 stipulates that the family is "a group of individuals consisting of one or both spouses, their children and their first-degree relatives if they are in one family household and registered under one document issued by the Department of Civil Status".

49. Article 43/2 of the Jordanian Civil Act stipulates that "the age of majority is 18 full solar years".

50. The Personal Status Act No. 61 of 1976 contains a number of provisions on the freedom of men and women to marry and establish a family by mutual consent, including:

(a) Article 2: "Marriage is a contract between a man and a woman whom he lawfully takes as his so that they may form a family and produce offspring together.";

(b) Article 6, which stipulates:

"(b) If her marriage is not prevented by her father or grandfather, her request shall not be considered unless she has attained 18 years of age and the prevention is for a legitimate cause.";

(c) Article 13: "The consent of a guardian shall not be required for the marriage of a divorced woman or widow who is over 18 years of age.";

(d) Article 14: "Marriage shall be concluded by the offer and acceptance of both or either of the intending spouses in the council of marriage.";

(e) Article 15: "The offer and acceptance of marriage shall be explicitly articulated, such as when a girl is given in marriage."

51. In Jordan, there are two maternity schemes. The first applies to public servants who are subject to the Civil Service Regulation No. 1 of 1988, as amended, article 91 of which stipulates:

Article 93, paragraph 3 (a), stipulates:

The second maternity scheme is for female workers in the private sector, who are subject to the Labour Act No. 8 of 1996, section VI. Articles 27 (a), 71, 76 and 77 are set forth in annex 11.

52. The following measures for the provision of protection and help for children and minors have been taken:

(a) The law prohibits the employment of children under 16 years of age, as stated in article 73 of the Jordanian Labour Act;

(b) The law regulates the extent to which children are employed in domestic work, farms or family businesses;

(c) The law prohibits the employment of any juvenile unless he has attained 16 years of age, after which he may be employed in any occupation as he deems fit, although in the case of heavy work and work that is harmful to health, he must have attained 17 years of age in accordance with the Labour Act.

53. The Ministry of Social Development and the National Assistance Fund organize the following programmes for orphaned children, children with no living natural parents and disabled children:

(a) The establishment and management of institutions to replace families which no longer exist or which have broken up or abandoned their children. These institutions include accommodation programmes, educational programmes and recreational programmes with a view to the achievement of a balanced development;

(b) The supervision of institutions, similar to those mentioned above, which are established and run by civil associations, private individuals, etc.;

(c) A surrogate family programme for children of unknown parentage who have no possibility of locating their natural families. This programme includes placing the child in a family which acts as a substitute for that of his natural parents under the conditions specified in the Child Welfare Regulation No. 34 of 1972;

(d) Behavioural control programmes for juvenile delinquents or juveniles who have appeared in court or been ordered to stay in juvenile homes or placed under the supervision of a behavioural control officer. Such programmes extend to places of juvenile detention. The tasks of a behavioural control officer include monitoring places where juveniles congregate, such as cinemas, public halls and electronic game clubs;

(c) The National Assistance Fund provides frequent monetary assistance to widows, divorcees and deserted women with dependent children. It also provides frequent assistance to surrogate families who need help.

54. The amendments to Jordanian legislative acts are set forth in the above paragraphs.


Article 11

Current standard of living of the population

55. In the last five years, the Jordanian economy has witnessed a tangible improvement as a result of the Government's commitment to application of the economic readjustment programme which calls for the restructuring of all economic sectors, in addition to concerted efforts on their part to improve the legislative and legal environment with a view to putting the national economy on the right track.

56. In 1996, GNP realized a growth of 5 per cent. All economic sectors also realized an acceptable growth ranging between 3 and 10 per cent. Per capita GNP was about $1,635, with a growth of 5.6 per cent. Approximately 40 per cent of families in Jordan acquired some 21 per cent of GNP.

57. As for the dire and absolute poverty lines, the former amounted to about 67 dinars and the latter to about 140 dinars monthly for a seven-person family. The dire poverty line represents the sum required for spending on the essential food items needed for survival. It is estimated by calculating the essential food quantities for each family member. The absolute poverty line represents the sum required for spending on essential foods and other essential commodities and services, such as clothing, housing, health, education and transport. It is calculated by the same method which is used for calculating the dire poverty line.

58. Annex 12 concerning the material quality of life shows the average monthly income. Annex 13 shows the individual's average monthly income.

The right to food

59. Since its establishment in 1974, the Ministry of Supply has sought to implement a supply policy focused on the national objective of assuring all members of Jordanian society of year-round food security by providing the country's essential food item requirements and ensuring a reserve supply of such items, at prices suited to all members of society. The Ministry thus secures for all citizens the essential food items of wheat, wheat derivatives, sugar, rice and milk (in appropriate quantities and at subsidized prices), despite global variations in their price, with a view to controlling runaway inflation and containing price fluctuations, thereby ensuring food security for citizens.

60. Annex 14 describes economic life in the country's different geographical areas.

61. On the basis of Council of Ministers' Resolution No. 1550 of 28 August 1990, the Ministry brought in the ration card system on 1 September 1990 in the context of economic reform and social welfare, maintenance of the living standard of limited-income and disadvantaged groups, the elimination of pockets of poverty and the provision of support to those eligible for it. The Ministry of Supply also operates a system for the distribution of coupons to each family on the basis of the family book or passport in the case of Gaza inhabitants, providing 1.5 kilograms monthly per citizen. In addition, during the past year, the Government began providing financial support to citizens with limited incomes and subsidizing their monthly salaries for the purpose of buying bread. This practice applies in the case of every male and female member of society who qualifies.

62. The Government has established grain silos, ordinary storage depots and cold storage depots in various centres of the country, using the latest scientific methods of conserving and storing such products and preserving their quality. In this field, the Government is continuing to accommodate the increase in demand and maintain pace with the population growth through the establishment of silos and storage depots and through completed projects. The Ministry has similarly established mechanized bakeries to produce loaves of high nutritional quality, and its introduction of modern technology to the baking industry has encouraged the private sector to invest in bakeries and explore the use of such modern technology. It has also established a modern and technologically advanced mill which produces all types of meal to cover the shortage of flour on the domestic market.

63. The Ministry of Supply is preparing various information leaflets on nutrition and food quality for the benefit of citizens. A country-wide agency also monitors the quality of food specifications and takes legal measures in the event of any contraventions.

The right to adequate housing

64. Statistics relating to the housing situation:

(a) The total number of dwellings in the Kingdom is 831,799, 78.6 per cent of which are in urban areas, with the remainder in rural areas;

(b) There are 75,758 empty dwellings, representing 9.1 per cent of the total number;

(c) The average area of a single dwelling is approximately 117 square metres (traditional private family dwellings);

(d) The average occupancy per room is 1.8 persons;

(e) Flats comprise 56 per cent of the total number of dwellings; the remaining percentage consists of detached dwellings;

(f) Number of homeless individuals and families: None;

(g) Number of individuals residing in unsuitable dwellings (tents, bivouacs and makeshift homes): 57,843; dwellings unconnected to the public water supply: 6.4 per cent.

65. Dwellings erected without permission are estimated to constitute about 25 per cent of the housing stock, while the number of families having built their homes on treasury land and elsewhere is estimated at about 3.2 per cent of the total number of families.

66. There are no cases of arbitrary eviction from homes. Evictions are carried out pursuant to the provisions of the law in specific cases, such as repossession and contravention by tenants of the provisions of the law.

67. There is no waiting list for public housing, as dwellings are constructed and supplied by the private sector, mainly builder-owners. It is worth noting that the public sector has generally ceased housing production and that its role is restricted to supplying land serviced by roads, water, electricity and sewerage.

68. The number of individuals according to the different types of home possession is given in the following table:

Property owned
by a family or
family member
Private rental
sector
Property
owned by
a relative
Job-providedFree of
charge
Other
2 864 8451 013 709122 19738 71650 14849 828

69. The only Jordanian Housing Bank Act, which gave middle-income citizens the opportunity to obtain loans for the purchase of their own homes over time, was annulled. In common with other banks, the Bank now operates pursuant to the Companies Act, which has produced equal competition in housing finance. The Government also approved a project for restructuring the housing sector. This project encompasses a number of reforms, the most significant of which consist of permitting the private sector to build in accordance with the least costly public sector criteria and models, increasing substantially the number of small land plots and establishing a partnership with the organized private sector. The project also led to incorporation of the Jordanian Remortgaging Company, which will help to provide medium- and long-term financing, an area that was previously confined to the Housing Bank and certain private sector institutions, whereas it is now open to all banks and finance institutions.

70. The role of the public sector is presently confined to the supply of small land plots which are serviced by roads, water, sewerage and electricity.

71. The 1997 budget of the General Housing and Urban Development Corporation (which is the government housing corporation) amounted to 25.7 million dinars, representing 1.3 per cent of the total national budget. It should be mentioned that the General Housing and Urban Development Corporation is not presently financed by the Government, but is self-financed.

72. The Government recently adopted a social security package in accordance with the strategy to combat poverty and increase social productivity. The package comprises four elements: triggering the operations of the National Assistance Fund; developing the physical and social infrastructure in impoverished areas; financing small projects; and financing training programmes for the poor.

73. The Government has contracted loans with the World Bank and other donor agencies with a view to financing the first stage of the programme to develop the infrastructure in impoverished areas, the cost of which is estimated at 98 million dinars, equivalent to $140 million. The project comprises over 300 local councils.

74. In the past five years, there have been no changes in national policies, laws and practices relating to the right to suitable housing.


Article 12

75. Changes in health conditions in Jordan can be divided into three stages, as described in the following paragraphs.

76. Stage I. This was the stage between 1921 and 1950 during which the first health-care department in Jordan was established. In 1928, the health budget was 10,309 pounds and there were no more than eight doctors and one hospital with 20 beds. A significant number of specializations, such as surgery, X-ray and so on, were unavailable. During this stage, the Public Health Act was promulgated and hospitals were built. By the end of 1930, there were 10 hospitals in the whole country.

77. Stage II (1950-1980). This was the post-independence stage which was characterized by the establishment of the first Ministry of Health in 1950 and by allocation of the financial resources needed to improve health in line with Jordan's actual needs. Focus was placed on strengthening health care with a view to ensuring access to health services for all groups of citizens. The establishment of universities and institutes for training health personnel and auxiliary health personnel was also emphasized, as were training and qualification to improve performance. In 1950, the Ministry of Health budget was 230,774 dinars and there were 560 workers, including 52 doctors, 7 pharmacists and 299 nurses. The ratio of doctors amounted to 1.6 per 10,000 inhabitants and the number of clinics rose to 93 throughout all regions of Jordan. Bearing in mind the nursing requirement, the first nursing college was opened in 1953, and in 1954 the Physicians' Union was established. In 1963, the health insurance scheme was applied to members of the armed forces and their families. In 1965, the first civil health insurance scheme was applied. By the end of 1969, there were 14 hospitals, providing 604 beds, and 413 clinics. In the mid-1960s, there were 2 doctors and 0.4 dentists per 10,000 inhabitants. In 1970, the Faculty of Medicine was established at the University of Jordan. In 1971, the Public Health Act No. 21 was promulgated. In 1973, the Hussein Medical City and the University of Jordan Hospital were established. In 1977, the Higher Health Council Regulation was promulgated. At the end of this stage, the manpower ratio was as follows:

78. Stage III. This stage is characterized by the considerable development which occurred in the health services in the public and private sectors, by the promulgation of laws and regulations with a view to coordination between the different sectors and by efforts to include the largest possible section of inhabitants under health insurance. Work is ongoing to implement comprehensive health insurance. The most important achievements achieved during this stage were:

- In 1982, the Jordanian Medical Council Act was promulgated;

- Substantial numbers of doctors graduated from various national and foreign universities;

- Several hospitals, laboratories, X-ray centres and clinics were opened, particularly in the private sector;

- The Royal Farah Rehabilitation Centre and the Queen Alia Centre for Heart Disease and Surgery were opened;

- The manpower ratio at the end of 1995 was as follows:

15.9 doctors per 10,000 inhabitants;

4.7 dentists per 10,000 inhabitants;

10 nurses per 10,000 inhabitants;

2 midwives per 10,000 inhabitants.

There were also 74 hospitals, 36 general health centres, 319 primary health centres, 265 branch health centres, 287 mother and child clinics and 638 clinics in the Ministry of Health, as shown by year in the annexed chart.

79. Mental health services were provided through the Bethlehem Hospital on the West Bank, as well as through out-patient clinics in Amman and Jerusalem. After the 1967 war, these services came to a halt and all psychiatric patients were sent to the East Bank.

80. In 1968, the Ministry of Health appointed the first psychiatrist to the Psychiatric Hospital in the municipality of Al-Fahis.

81. In 1970, a special section with 40 beds for chronic and mentally impaired patients was added in Al-Yadouda and transferred to the municipality of Al-Fahis in 1981, when the National Centre for Psychiatric Illnesses was established with a 360-bed capacity to train personnel, students from the medical faculty, nursing and psychiatric students and housemen.

Health policies

82. The Ministry of Health assumes the task of ensuring the physical and mental health of all citizens in Jordan by providing and developing preventive and therapeutic services through its health centres and hospitals, as well as through its various specialist health programmes, such as those on:

- Environmental health to guarantee the safety of water, air, food and medicine;

- Maternal and child health services, including inoculation and reproductive health programmes;

- School health;

- Health and health safety education;

- The control of contagious and non-contagious diseases;

- Occupational health.

The Ministry also formulates and monitors implementation of the health conditions in all health institutions and occupations before licensing them. It also monitors their professional performance in order to ensure that such conditions are met.

83. Primary health-care strategies

- The provision of primary health-care elements to include maternal and child health services, environmental recovery services, health education, disease control, inoculation, food monitoring, water monitoring, education, training and strategic planning with the aim of achieving health for all by the year 2000;

- Coordination among the various Directorates of Primary Health Care;

- The provision of information relating to primary health care;

- Participation in courses and research;

- Cooperation with national and international organizations in the field of health care;

- The strengthening of participation by local communities and the development of their capabilities;

- Contribution to the development of action and the proposal of alternatives.

84. Annex 16 concerns primary care centres.

Health spending

85. In 1924, GNP spending on health amounted to 1.8 per cent, rising to 3 per cent in 1965 and 5.1 per cent in 1995. The following chart shows the health budget for the years 1992-1995.


(thousands of dinars)

Item/Year
1992
1993
1994
1995
General State budget
1 270 111
1 328 000
1 481 000
1 674 000
Ministry of Health budget
75 450
76 949
79 515
86 100
Ministry of Health budget taken from the general budget (per cent)
5.9
5.8
5.4
5.1

Future strategies

86. Future strategies for the Ministry's work are to:

(a) Endeavour to include every citizen on Jordanian territory under comprehensive health insurance;

(b) Place all hospitals in the public sector under the supervision of an independent institution with responsibility for providing the three levels of therapeutic services (the Therapeutic Medical Services Institution). The main aims of this Institution are to:

(i) Ensure that every citizen has access to a good standard of treatment;

(ii) Save the country enormous resources that are now being squandered for various reasons, primarily duplication and excess of spending;

(iii) Provide public hospitals with advanced medical technology in order to:

b. Raise the standard of medicine;

c. Create and develop training centres;

d. Create research centres;

e. Provide a rival incentive for the private sector to raise its technological and scientific standards;

(iv) Turn Jordan into a centre for therapeutic medicine to which people travel for treatment;

(v) Support our national economy with ample amounts of foreign currency;

(vi) Provide therapeutic medical services of equal standard and raise the awareness of all those covered by the health insurance scheme;

(vii) Raise disadvantaged hospitals to a better standard;

(viii) Carry out sound health planning based on proper information;

(ix) Coordinate between the different health sectors;

(x) Improve health administration in general;

(xi) Treat those without health insurance under private schemes designed for that purpose;

(xii) Place all the resources of the Institution at the disposal of Jordanian university faculties of medical science and auxiliary medicine where they can be used for educational and training purposes;

(c) Review the Higher Health Council Act so that it satisfies the requirements of the Jordanian health policy, as well as review the Jordanian Medical Council Act;

(d) Cooperate with the private health sector so that the specialist, expert and competent doctors in the sector participate in training and ongoing medical education in all medical occupations;

(e) Cooperate with local, Arab and international health institutions, bodies and organizations;

(f) Restructure the administration organization of the Ministry so as to highlight the role of development in the health services through specialized committees, such as:

(i) A planning committee;

(ii) A committee of advisers, including former ministers of health and doctors selected from among those who worked in the Royal Medical Services or in the medical faculties of Jordanian universities;

(iii) An administrative development unit;

(g) Promote and develop all health programmes concerning preventive services;

(h) Promote and develop health centres and the documentation of their contacts with hospitals;

(i) Emphasize the use of incentives wherever possible for all workers in the Ministry based on individual effort and level of service;

(j) Emphasize the importance of developing social medicine in order to identify the health problems in society and seek radical and effective solutions to them.

Health statistics

87. Indicators in Jordan according to the definition of the World Health Organization (WHO) concerning the following:

(a) The infant mortality rate was 34 per 1,000 in 1995;

(b) Water is one of the most important elements for development in the Arab countries. Jordan's water resources are considered scarce; the per capita share of water is approximately 277 cubic metres per year, which is an extremely small quantity. Between 1993 and 1995, the proportion of inhabitants with access to safe drinking water or within a reasonable distance of access to water was about 98 per cent;

(c) The number of inhabitants who have full waste elimination amenities (sewerage) is 55 per cent. The number who use other means of sewerage, such as cesspits, amounts to 43 per cent, while 2 per cent have no means of sewerage at all;

(d) In 1996, the number of children under one year of age who were inoculated was as follows:

- 99 per cent received three doses of the triple vaccine (diphtheria, whooping cough and tetanus);

- 99 per cent received four doses of the poliomyelitis vaccine;

- 97 per cent received one dose of the measles vaccine;

- 95 per cent received one dose of the tuberculosis vaccine for children aged six;

88. Jordan has seen a marked increase in the average life expectancy from birth, as follows:

89. Health services cover most areas of the Kingdom; 98 per cent of inhabitants are within an hour's walk of access to health care from persons who are qualified and trained to treat diseases and normal injuries with supplies consisting of 20 essential medicines.

90. The percentage of births supervised by trained female personnel was as follows:

Year
1989
1990
1991
1992
1993
1994
1995
Percentage
83
82.5
87
87.7
88
92
93


91. In 1996, the number of maternal deaths was estimated at 40 per 10,000 live births and the number of infants receiving care from trained health personnel was estimated at about 87 per cent.

92. In 1995, approximately 95 per cent of children aged under one were receiving health care through the Ministry of Health's mother and child centres.

93. The number of infants brought for consultation at child clinics run by the Ministry of Health amounted to 57,718 in 1996, 53,729 in 1994 and 49,022 in 1992.

Vulnerable groups

94. Having adopted the slogan "health for everyone through everyone by the year 2000", the Ministry of Health has endeavoured to realize that principle since 1978. As a result, over 98 per cent of the population now has access to the health service. The difference in the state of health of different groups is attributable to economic, cultural and social circumstances. The situation in remote desert areas and encampments is thus affected by such factors (annex 17).

95. Changes in policies and laws have had no adverse or tangible effect on the state of health in Jordan. The Gulf War, however, has had an adverse effect, leading as it did to the migration of over 350,000 citizens to Jordan. As a result, demand for services increased, prices rose, the citizen's share of water was reduced and the incidence of poverty and unemployment increased, all of which affected the overall health situation in disadvantaged areas.

96. The Government promoted and developed the social security network aimed at combating and alleviating the phenomenon of poverty. Chief among these measures are:

- Comprehensive health insurance that will bring every citizen, rich or poor, under the umbrella of health insurance, which will help to improve the health situation in Jordan;

- The exemption of patients with chronic diseases which incur high costs, such as thalassaemia, kidney failure and cancer;

97. Politics and the economy are facing enormous challenges in view of the new factors and changing circumstances on the local, regional and international fronts. The most pressing of these challenges involves confronting the problems of unemployment, poverty and the unremitting population growth, which has exceeded the natural limits as a result of forced migrations, the return of expatriates from the Gulf States, Jordan's entry of the peace stage and so forth. The Government has therefore adopted measures aimed at: boosting the national economy; improving the efficient management of economic and financial resources; redressing internal and external economic imbalances; rationalizing the uses of natural resources in order to enhance economic performance; reducing the external debt; focus on self-development efforts; and cooperating with the international community with a view to increasing grants and aid for the purpose of building, equipping and insuring health centres and hospitals.

98. Emphasis has been placed on the importance of having a comprehensive health service system for all citizens through comprehensive health insurance, on deriving the maximum benefit from health resources and the available infrastructure and on endeavouring to prepare an agreed scientific and systematic approach to therapeutic services. These measures offer greater opportunity for the inclusion of vulnerable and deprived groups and disadvantaged areas, such as desert areas and encampments. The main problem incurred by these measures is that considerable funding is needed to cover all expenses. The Ministry of Health, however, has led the way by operating numerous health projects in impoverished areas, such as the family planning project. Special programmes run by national institutions such as the Nour Al-Hussein Institution have helped to improve the living standard of various impoverished groups.

99. The Ministry of Health has devoted considerable attention to protecting children and reducing mortality rates through various child health care programmes, including:

Environmental and industrial safety

100. The Ministry of Health has long been concerned with matters of environmental health and safety, having created a specialist Directorate of Environment in 1953. Since that date, the Ministry has done its utmost to develop specialist personnel in the various environmental fields. It has equally strived to subsidize and earmark the sums needed to purchase the latest equipment and material for monitoring the components of the environment, either alone or through joint cooperation programmes with WHO. The Directorate now has specialist sections for monitoring water, air pollution, environmental pollution and chemical substances. There is also a specialist laboratory which supports the technical work of these sections.

101. The Ministry also introduced water laboratories in a number of Directorates of Health, which are now endeavouring to train their staff with a view to the subsequent establishment of environmental health units in different areas of the country.

Prevention of epidemic, endemic and occupational diseases

102. In addition to inoculation against diseases and the various programmes already mentioned, the Ministry undertakes the following in order to prevent epidemic and endemic diseases:

- Conducts and takes part in studies and surveys to increase knowledge about the incidence and spread of diseases and the means of combating them.

Measures adopted by the Government to assure everyone of medical services and medical care

103. The Government has spared no effort in promoting primary health care as a preliminary to the realization of health for all by the year 2000. It is committed to the equitable distribution of health resources, the promotion of ongoing medical education, the holding of training courses in different fields, the furtherance of scientific research and the review of certain laws and regulations, such as the Health Insurance Regulation and the Public Health Act. The Ministry is also formulating a plan aimed at: meeting Jordan's urgent requirement for certain specializations; increasing the capacity of nursing colleges, auxiliary medicine schools and specialist institutes; supplying hospitals and health centres with equipment and material; focusing on awareness-raising and health education through the different media with a view to establishing principles and criteria for investment in the field of health; restructuring the medicine sector so that essential medicines are available at appropriate prices; adjusting charges for treatment and health insurance; devising strategies to improve the environment and public health; promoting Government organizations, bodies and associations; concentrating on the guarantee of quality and human and technical capability; building an information network for the health sector; and ensuring the supply of medicine and water, as well as food fit for human consumption. The Ministry of Health is also committed to providing free maternal and child health services within a national plan through mother and child centres, particularly in remote and outlying areas.

104. Primary health care improves the quality of life during old age and may reduce the incidence of physical and mental illness. Among the most significant measures adopted by the Government to provide medical care for the aged are:

- Awareness-raising and education concerning the prevention of psychological and mental illnesses, such as senility and depression;

- Urging respect for the aged and providing moral, social and health support;

- Nutritional education to show the type of foods that are suitable for preventing malnutrition and obesity;

- Awareness-raising of the harmful effects of smoking and the need to have regular check-ups;

- Encouragement of the imperative to ensure safety and security in the home.

105. With 3 per cent of the population aged over 65, there are now no hospitals or specialist independent divisions to treat the illnesses of old age, which are mostly chronic.

106. The main recommendation of the Committee on Old Age is that everyone over 60 years of age should be supplied with a health card.

Local community participation

107. In coordination with the official and unofficial sectors, functional strategies and plans of action have been formulated with a view to implementing health programmes and projects by:

(a) Promoting village and town health programmes which require local community participation;

(b) Emphasizing that society and individuals should be self-reliant and play a part in planning, in the resolution of health problems and in the monitoring of primary health care programmes, and equipping individuals and families to further their own health and that of the community through the formation of community health committees and women's committees throughout Jordan;

(c) Setting up country-wide health services and prioritizing disadvantaged areas by opening health centres, mother and child centres and clinics run by charitable associations.

108. The following measures have been adopted by the Government to raise awareness of the predominant health problems and measures to ensure their prevention:

(a) Through its personnel in the governorates, and in cooperation with official and unofficial institutions, the Ministry of Health plans, evaluates and implements programmes to raise awareness of health problems;

(b) Studies are conducted and statistics gathered in order to identify health problems and find appropriate solutions to them;

(c) Plans and programmes are devised and implemented through individual and public awareness-raising, publications, visual means and other machinery;

(d) Cooperation with international and local bodies and institutions is achieved with a view to resolution of the predominant health problems;

(e) Training for health personnel is provided;

(f) Concepts involving health education have been introduced into schools and school curricula.

International assistance

109. International contributions towards health are provided in the form of material and technical assistance for implementing programmes and projects in various fields, including programmes to combat acute respiratory diseases in cooperation with the United Nations Children's Fund (UNICEF), child inoculation and immunization programmes in cooperation with WHO and family planning programmes in cooperation with the United States Agency for International Development (USAID). Such contributions have positively increased the rate of immunization against contagious diseases, such as measles, poliomyelitis and so on.

110. Jordan is also bound by international agreements through joint projects with USAID, including projects on maternal, child and post-natal care, which aim to reduce Jordan's fertility rate and encourage women to use birth control, particularly during the post-natal period, as a means of spacing out pregnancies. These projects include:

- The quality guarantee project;

- The project for protection and sound management of the environment;

- The project to conduct premarital check-ups;

- The project to strengthen chemical safety;

- The environmental health risk management and evaluation project;

- The water supply and environmental recovery project.


Article 13

111. The Government fulfils its obligations to make primary education compulsory and available free through the legislative acts stipulated in the Jordanian Constitution and through laws and regulations. The Government has been able to increase to 10 the number of compulsory years in basic education, which is free in that school textbooks are supplied to pupils without charge. School buildings are furthermore constructed to provide adequate accommodation for pupils, so that in 1996/97, pupil enrolment was about 94.6 per cent and the drop-out rate fell to 0.9 per cent.

112. The Government accords every opportunity and facility for enrolment in secondary education by providing school buildings and qualified teachers, supplying schools with all equipment, material and technology and preparing school textbooks and curricula. In 1996/97, the rate of enrolment in secondary education was 69.9 per cent.

113. The Government provides opportunities of education for everyone in accordance with the guarantees provided by the Constitution and by laws and regulations. The Jordanian Constitution affirms that education at every level and stage is a right of everyone, both male and female, regardless of race, sex or religion.

114. Through the Ministry of Education, the Government endeavours to secure the return of drop-outs to school in cooperation with the administrative governors with a view to ensuring that the principle of compulsory education is applied. In this connection, the difficulties facing the Government lie in the ensuing increase in education spending, which is constantly rising in line with the increase in the school enrolment rate.

115. Annex 18 shows statistics on illiteracy and school enrolment in rural areas.

116. Approximately 11 per cent of the State budget is spent on education. The activities undertaken by the Government to build new schools or expand existing schools are dependent on the conclusion of loan finance agreements with international bodies.

117. The following measures have been adopted by the Government for the equal enjoyment by everyone of right of access to education at all levels.

118. Annex 19 shows the proportional distribution of men benefiting from education, while annex 20 shows the proportional distribution of women benefiting from education.

119. The Ministry of Education has devoted particular attention to the education of adults who missed the opportunity of education when they were of school age. Non-systematic education (adult education) takes the student from the first primary form to secondary level (annex 21) through the following programmes:

(a) Literacy programmes; students who successfully complete a programme are awarded a certificate equivalent to the sixth primary form (annex 22);

(b) An evening studies programme and a home studies programme, which begin at the stage where the literacy programme ends. Both programmes prepare the student for the general secondary examination.

120. The Government is endeavouring to provide everyone in Jordan with the opportunity of higher education through free competition for university places and through allocating a percentage of places to geographical areas and further percentages to Arab and foreign communities. The student assumes the full cost of university fees and textbooks, as well as all financial obligations.

121. Instruction in schools is in the Arabic language. The English language is a core curriculum subject that is begun in the fifth primary form and continued until the end of the secondary stage. French language lessons have been introduced experimentally in some government schools as a prelude to widening the experiment in years to come. The Government has no objection to minority languages being taught in private schools, provided that an application is made to do so. Some private schools also teach other foreign languages, such as German and Greek.

122. The position of teachers and their grades is no different from that of other State employees, as they are all governed by the Civil Service Regulation. The scale of salaries and allowances is thus determined according to years of service and academic degrees, with the exception of an additional bonus of 25 per cent that is paid to teachers. Teachers also have the opportunity of secondment for work in sister Arab countries, in particular the Arab Gulf States.

123. In cooperation with non-government organizations, the Ministry of Education has expanded adult education programmes whereby it opens a study class for any group of 10 inhabitants, meaning that the programme is now generally available to all areas (urban, rural and desert) of the country and includes all sectors of society on an equal basis. It is worth noting that the programme and all required study items are offered free of charge. This programme has been hugely successful, as it provides education (to those who request it and those who are entitled to it). It has also been active in reducing illiteracy among all age groups from 67.6 per cent in 1961 to 12 per cent in 1996 and to 6 per cent among the 15-45 age group, or more precisely, to 5 per cent among males and 6 per cent among females in that group.


Article 15

124. Although Jordan is a country with limited resources, it has nevertheless made allocations in the budget of the Ministry of Education to cultural development through the following:

(a) Sponsoring composers, authors and creative persons by three means, namely:

(i) The publication of academic books and creative works (at a total cost of $6,000);

(ii) Partial subsidy of the publication of books and works covering approximately 60 per cent of the cost (at a cost of some $50,000);

(iii) The purchase of copies of books and works in order to help authors distribute their books and cover part of the printing costs (at a cost of $35,000);

(b) Sponsoring cultural associations, organizations and clubs and providing an annual subsidy for each at a total cost of $70,000;

(c) Cooperating with other cultural institutions and providing the help and facilities which they need;

(d) Providing the help and facilities needed for special popular troupes, cultural centres and centres which offer training in manual work and the popular arts;

(e) Enabling international and national institutions to stage their cultural and art shows in centres and facilities belonging to the Ministry of Culture, amounting to about 3,000 cultural activities each year.

125. The Ministry of Culture has followed a plan through which it has established a number of cultural centres and other facilities, including the Royal Cultural Centre, the Osama Al-Mashini Theatre, the Karak Cultural Centre, the Citadel Cultural Centre, Arar House in Irbid, the Ma'an Cultural Centre and the Museum of Politics, as well as Directorates of Culture in the centre of every governorate in the country, the National Library in the capital and branches in various governorates.

126. Cultured Jordanians feel that their cultural identity is linked to the intellectual accomplishment of their country and that it is open to Arab and Islamic culture and also in touch with international cultures by influencing and being influenced, an attitude which is encouraged by the Ministry of Culture. Intellectual interchange is regarded as a positive element whereby the Jordanian cultural identity is imbued with a human dimension and a broad outlook.

127. In this context, the Ministry has sought to accomplish communication with nations by encouraging this attitude. It has thus concluded cultural agreements with various countries and endeavoured to attend conferences and seminars held abroad, as well as convene various cultural meetings and intellectual conferences and seminars.

128. Jordan's legislative acts provide all national groups and minorities with the opportunity to enjoy freedom of expression and highlight their culture of origin, in keeping with democracy and pluralism. For example, there are communities of Circassian, Druze and other cultures, which all contribute to the enrichment of Jordanian culture.

129. The audio-visual and print media devote attention to the cultural aspect of life and to participation in expression through cultural programmes, weekly and daily supplements and the expression of opinion in all cultural affairs and different fields of knowledge.

130. The Ministry of Culture has done its utmost to conserve cultural possessions and cultural heritage and encourage participation in cultural life, together with its development and diffusion, through exhibitions of varying form and objective and through cultural meetings, clubs and conferences. In this context, it should be pointed out that, in each governorate, the Ministry has established a Directorate of Culture that supervises cultural activities and endeavours to develop and diffuse culture throughout the country. The Ministry also supervises artistic and popular troupes and the establishment of heritage teams which fall under its auspices. Resources in this field, however, are poor and need strengthening.

131. The freedom of cultural creativity and artistic performance is guaranteed in Jordan pursuant to Jordanian Constitution and the regulations concerning the Ministry of Culture. Every individual therefore has freedom of expression and dissemination under the provisions of the legislative acts in force.

132. In its concern to ensure that the young generations acquire an artistic culture, refine their artistic expertise and develop artistic skills and taste, together with an aesthetic sense, the Ministry of Culture has established an arts training centre, which it has staffed with teachers specializing in music and visual art. Academic institutions, such as the Faculty of Arts at Yarmouk University, play an unmistakable role in the field of teaching art on scientific bases. Institutions such as the Nour Al-Hussein Institute, the National Music Institute and the National Institute of Fine Arts also play a prominent role in the field of artistic training.

133. By virtue of Jordan's accession to the conventions of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Euro-Mediterranean Partnership, as well as the International Covenant on Economic, Social and Cultural Rights, the Ministry of Culture, with widescale international cooperation, does whatever possible to implement cultural programmes at official, institutional, popular and individual levels and achieve participation in different activities.

134. Legislative and other measures have been adopted by the Government to guarantee the right of everyone to enjoy the benefits of scientific progress.

135. The Government established the Higher Council for Science and Technology pursuant to Act No. 30 of 1987, which seeks to construct a national scientific and technological base for the furtherance and development of science and technology in order to achieve the objectives of socio-economic and cultural development in Jordan.

136. In 1970, the Royal Scientific Association was established by royal decree as a financially and administratively independent scientific institution with the aim of pursuing research work and scientific and technological development in connection with the development process in Jordan. It seeks to spread scientific and technological awareness in connection with the development process in Jordan.

137. Universities, particularly the University of Jordan, have devoted efforts to establishing the right of everyone to enjoy the benefits of scientific progress and its applications through the Scientific Research Regulation, which is applicable to them. This Regulation was issued by the Board of the University of Jordan pursuant to article 33 (b) of the University of Jordan Act No. 52 of 1972, in particular articles 1-12, which emphasize the legal measures and legislative acts relating to scientific research and its publication, copyright and the role of the University in developing the research process in the interests of knowledge and the advancement of knowledge. These articles stipulate as follows:

(a) Article 3, paragraphs (a), (b) and (c) of the Scientific Research Regulation issued pursuant to article 33 (b) of the above-mentioned University of Jordan Act stipulates that all measures and procedures shall be aimed at encouraging and advancing scientific research for the benefit of humanity and human development, as well as for the benefit of the human being as an individual, given that he constitutes the cornerstone of society. This Act respects human rights concerning the equal opportunities available for scientific research;

(b) Article 4 of the aforementioned Act highlights the measures and procedures approved by the University of Jordan and by which it operates concerning the publication of research information, as covered by paragraphs (a)-(h), which stipulate the practical stages of those measures;

(c) The University of Jordan places no restrictions on scientific research unless it subverts reason, such as the case of research which invites ethnic, religious or cultural fanaticism. Such is prescribed by "an institutional process consisting of members" elected by members of the teaching staff chosen by the Board of Deans for a renewable term of two years, as emphasized in article 5, paragraphs 1 and 2.

138. The Royal Scientific Association prepares books and publications in scientific and technological fields which help to convey scientific and technological information and concepts both adequately and efficiently. The Association cooperates with local, Arab and international institutions in exchanging information and expertise and conducting joint research.

139. The Higher Council for Science and Technology sponsors scientific and technological research institutions and units and provides the funding needed for scientific and technological research, services and activities in Jordan. The General Secretariat of the Council makes the results of funded scientific and technological projects available to the parties concerned in the private and public sectors by holding specialist workshops and issuing specialist leaflets in that connection.

140. The National Information Centre, which is concerned with the publication of information in and outside Jordan, has been established.

141. Universities and scientific academies are encouraged to establish scientific links with the development sectors in order to diffuse the elements of progress in science and technology.

142. Scientific magazines and periodicals issued by universities, research centres and other relevant institutions are published in order to diffuse scientific progress, offer examples of it and present the results of studies and research in that connection.

143. Legislative and other measures have been adopted to guarantee the right of everyone to benefit from the protection of moral and material interests arising out of any scientific, literary or technical work of his creation, as well as the protection of intellectual property rights arising out of such activities.

144. The University of Jordan studied the Scientific Research Directive No. 1 issued by the presidency of the University on 17 November 1973. Section I, paragraphs 1-7, and section II, paragraphs 1-21, affirm that the University devotes special attention to scientific research. The Directive moreover emphasizes that such research is a duty of members of the teaching staff and further institutes the right of a researcher to publish his scientific findings in such manner as he deems fit, provided that mention is made of the support provided by the University in that connection (section II, paragraph 3). Section II, paragraph 16, also underlines the financial return for the researcher.

145. All State and private universities in Jordan endorse the right of individuals to enjoy the benefits of scientific progress and its applications. They also endorse the conservation, development and diffusion of scientific legacy and achievement, as well as pursuit of the use of scientific and technological progress for distinguished human purposes that serve human rights in the different walks of life based on the right of the individual to education. With a view to strengthening the role of universities in employing rights and duties in measures which safeguard scientific and intellectual freedoms, conditions and authorship, efforts were made to issue the following regulations and directives:

(a) The Teaching Staff Regulation;

(b) The Scientific Missions Regulation, which aims to improve the standard of academic and scientific performance within the framework of conditions and principles that include competence and ability;

(c) The Regulation concerning further education and grants for students in further education;

(d) The Regulation concerning the conferral of academic degrees, honorary degrees and diplomas;

(e) The Regulation concerning scientific research and ensuing directives relating to the promotion of scientific research, scientific publishing, scientific studies, patenting, the translation of scientific thought, the provision of travel subsidies to researchers, the diffusion of intellectual output and the publication of manuscripts concerning general knowledge.

146. The universities promote training and fieldwork with a view to acquainting other sectors with the resources which they have to offer. For information purposes, they also furnish company libraries with copies of scientific research theses produced by their students, together with the final dissertations of engineering and science students.

147. The universities hold special seminars and courses on scientific research. The University of Science and Technology has held special seminars on themes such as the medical drugs industry in the light of global changes, clinical pharmacology and the dynamic of medical drugs, physical and biological pharmacology, medical drugs and the chemistry of physical after-effects, etc.

148. Jordan seeks to nurture creative individuals and protect creativity. It believes that there is a need for wider protection of the rights of creative individuals and the adoption of measures and expedients to ensure that inventive and creative minds continue to innovate and deliver, since the progress of societies and countries has been - and could only have been - the result of the ideas, work and achievements of such creative individuals. In affirmation of these bases and objectives, the Protection of Copyright Act No. 22 of 1992 (annex 23) was promulgated and entered into force on 16 April 1992. Under the Act, creative works of literature, art and science are protected, regardless of their type or importance or the purpose for which they are produced. Works expressed through the media of the written word, sound, illustration, photography or motion are afforded such protection. The Act contains an unlimited list of the categories of protected works, namely written works, including books and pamphlets, oral works such as lectures and speeches, dramatic works, musical works, cinematographic works, artistic works, illustrative works, maps and computer programmes.

149. The Act contains provisions common to all recent national legislative acts and addresses the basic concepts of literary and financial copyright, holders of copyright, the free use of protected works, period of copyright and means of protecting copyright. The provisions of the Act apply to the works of Jordanian and foreign authors published in Jordan and the works of Jordanian authors published abroad. In the case of the works of foreign authors published in Jordan, international agreements and the principle of reciprocity are observed.

150. The technological developments in various fields in general and in the field of communications and transport in particular have facilitated diffusion of the work produced by creative individuals, allowing it to be of universal benefit and to reach anywhere in the world. Jordan is fully aware that the recognition and protection of the rights of creative individuals should extend beyond the local sphere to the other countries which benefit.

151. The competent Jordanian authorities made amendments to the Copyright Protection Act to ensure that it conformed to the international agreements in this field. These amendments included the addition of new provisions to formulate protection of the rights of performers, producers of phonograms and broadcasting organizations, restrict the free use of works, increase the term of protection to 50 years after the death of the author, abolish any formal measures such as mandatory conditions of protection, as in conditions concerning invention, and increase the penalties for anyone who infringes copyright.

152. As soon as the amendments are approved - at each one of their constitutional stages - Jordan will seek to take the steps required to accede to the Berne Convention for the Protection of Literary and Artistic Works, the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations and the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.

153. Jordan is looking forward to obtaining the technical and administrative assistance needed to further work in the departments, offices and organizations connected with copyright and similar rights and enable them to undertake their assigned work in the best possible manner. This includes training the employees in such departments, familiarizing them with the experiences of the developed countries in this field and providing them with equipment and material that will facilitate their work and raise their standards of performance, such as computer equipment, transportation for the follow-up team, and means of communication whereby they can contact their counterparts in other countries with a view to information exchange.

154. Measures have been adopted by the Government to conserve, develop and diffuse science and culture, specifically constitutional measures adopted in the framework of the national education system through the communication media:

(a) Promulgation of the Education Act of 1993, which stipulates that education is compulsory and available free at the stage of basic education, Jordan being the first Arab country to have instituted this right of education for everyone;

(b) The provision of basic and secondary education for all pupils, regardless of sex or ethnic, cultural or social background, such that the rates of enrolment in education are now comparable to those in the developed countries.

155. The Higher Council for Science and Technology plays a considerable role in protecting the freedom of scientific research and creative activity through:

(b) The national information system (NIS), which is operated by the Council's information centre with a view to linking all national institutions by means of an information network that helps decision-makers, planners, researchers and investors to take the appropriate development decisions.

156. Annex 24 contains the Patents Act.

157. Since its establishment, the Royal Scientific Association has devoted attention to the need to prepare the conditions required for scientific research activities by modernizing and developing technical research laboratories and workshops and updating scientific references. A substantial number of researchers and employees subscribed to the Association in 1997 and in previous years participated in various seminars, round tables, workshops and conferences in different scientific fields. The Association also prepared and organized a number of scientific seminars and symposia, the most significant of which have been the Science Weeks; in 1997, the fifth Jordanian Science Week took place.

158. The measures and directives in force guarantee the free exchange of scientific information, opinion and expertise among scientists and researchers in and outside Jordan.

159. Measures adopted to promote scientific associations, science academies, professional unions and labour unions which undertake scientific research and innovation include:

(a) The Higher Council for Science and Technology was established with the aim of coordinating scientific research activities between national and international institutions and providing the funding required for various research activities;

(b) Universities allocate a substantial proportion of their annual budget to the promotion of scientific research;

(c) Universities encourage researchers to take part in scientific conferences in and outside Jordan;

(d) Companies and institutions earmark a proportion of their profits and budgets for the promotion of scientific research;

(e) National institutions allow annual leave for distinguished research in the fields of science and culture. Some institutions and other organizations offer facilities and support to researchers for the publication of their work.

160. The Higher Council for Science and Technology concludes local technological cooperation agreements with various countries, as well as with regional and international organizations, covering:

(b) Workshops, seminars and conferences;

(c) Scientific exchange visits.

161. International assistance in the fields of science and technology has a direct impact on:

(a) The development of human capabilities, particularly research capabilities;

(b) The development of research facilities in the form of laboratories, equipment and materials.

162. Jordan receives a negligible amount of international assistance that is barely equivalent to 2 per cent of the overall spending on cultural activity and the promotion of creative individuals. It looks forward to securing material, moral, technical and administrative assistance in order to widen cultural contributions and raise the standard of performance.


©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland