8. MEMBERSHIP APPLICATIONS

NINTH ANNUAL MEETING OF THE ASIA PACIFIC

FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS

FORUM COUNCIL MEETING PAPER

TITLE:

Membership Applications – (i) Jordan National Center for Human Rights

SUMMARY OF ISSUE:

The APF has received an application for membership from the Jordan National Center for Human Rights.

RECOMMENDATION:

That Forum Councillors consider the application from Jordan National Center for Human Rights and determine whether the institutions should be (a) accepted as a member and therefore be assigned a category of membership; (b) rejected or (c) deferred.

RELEVANT CONSIDERATIONS: (Policy, staffing, expenditure, political etc)

Policy considerations are highlighted in the application. Staffing and expenditure considerations are highlighted in the Business Plan. Note that Candidate member institutions will be required to outline the steps they will take to become compliant with the Paris Principles. These steps need to be approved by Forum Councillors.

Submission prepared by:

Director, secretariat

Forum Councillor or officer responsible:

Director, secretariat

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8.1 APF Membership Process The APF has received an application for membership from the Jordan National Centre for Human Rights. This analysis of their application has been prepared by the APF secretariat to assist Forum Councillors in their consideration of the application. 8.1.1 Background Rule 11 of the constitution of the APF details the procedure for applications for membership.1 In summary, the constitution provides for three categories of membership of the APF.

(i) In the first category, Full Members of the APF shall be national institutions

which, in the opinion of the Forum councillors, meet the UN General Assembly endorsed Principles relating to the Status of National Institutions (more commonly known as the ‘Paris Principles’).2

(ii) The second category of Candidate Members relates to those institutions which

apply for membership and which can theoretically comply with the Paris Principles within a reasonable period, but currently do not do so.

Admission as a candidate member requires a commitment from the institution that active steps will be taken to meet the Paris Principles. A candidate member can become a full member of the APF by applying for membership once it complies with the Paris Principles.3

(iii) The third category of Associate Members relates to those institutions which do not

comply with the Paris Principles and are unlikely to do so within a reasonable period.4

In addition to the above Constitutional provision, with regard to the category of Associate Membership, the Forum Council has determined that they will follow:

… two guiding criteria in considering applications for associate membership: namely the requirement to possess a broad mandate and the desirability of admitting only one institution per member state of the United Nations.5

All decisions on membership, whether a decision to admit or reject new full members, candidate members or associate members, rest with the Forum councillors.6 Forum 1 Rule 11.1, Constitution of the Asia Pacific Forum of National Human Rights Institutions, www.asiapacificforum.net/about/constitution.html. See also Appendix 7 of this paper. 2 For the text of the Paris Principles see the UN General Assembly Resolution A/RES/48/134 of 20 December 1993 which can be located at www.nhri.net/GApdf.htm. See also Appendix 6 of this paper. 3 Rule 11.2, Constitution of the Asia Pacific Forum of National Human Rights Institutions, op cit. 4 Rule 11.3, Constitution of the Asia Pacific Forum of National Human Rights Institutions, op cit.

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5 Paragraph 6, Concluding Statement, Seventh Annual Meeting of the Forum, www.asiapacificforum.net/activities/annual_meetings/seventh/concluding.doc.

Councillors need not give any reason for rejecting an application.7 In addition Forum Councillors may, at their discretion, defer consideration of an application for membership until the next meeting of the Council.8 The rules of the Forum Constitution also provide for a review of a member institution’s compliance with the Paris Principles9 (and hence the possibility that a member institution may move between categories – for example between candidate and full member status).10 Finally, rule 12 of the Constitution provides for the resignation11 and expulsion12 of a member institution. The APF has adopted the procedure established by the International Coordinating Committee for National Institutions.13 In applying to become a member of the APF an institution is required to submit the following:

• A completed ‘Accreditation’ checklist and relevant supplementary information • A copy of the institution’s founding legislation/constitution • An organisation chart • Budgetary information • Background information on the Commissioners, and • An annual report (if available).

With regard to the ‘Application for Membership Nomination Form’ the secretariat has adopted a procedure where it accepts nomination forms without the applicant having to secure a proposer and seconder. The secretariat then requests the Forum Chairperson and one deputy chairperson to act as the proposer and seconder for the purposes of enabling the application to be considered. In such situations acting as a proposer or seconder does not indicate support for the application. The secretariat of the APF undertakes the initial evaluation of the application. This often involves the secretariat requesting supplementary information from the applicant. The secretariat then prepares an analysis of the application for the consideration of Forum Councillors. The secretariat provides a copy of this analysis to the applicant for comment prior to its consideration by Forum Councillors. Any comments by the applicant are also provided to the Councillors. The questions by the secretariat and response by the applicant can be found at 6 See Rules 11.1(d)(1); 11.2(f)(1) and 11.3(i)(1), Constitution of the Asia Pacific Forum of National Human Rights Institutions, op cit. 7 See Rules 11.1(d)(3); 11.2(f)(3) and 11.3(i)(3), ibid. 8 Id 9 Rule 11.4, ibid. 10 Rule 11.5, ibid. 11 Rule 12.1, ibid. 12 Rule 12.2, ibid.

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13 These forms are based on the application process approved by the International Coordinating Committee of National Human Rights Institutions.

8.2 Jordan National Centre for Human Rights The following section provides background information on the establishment, mandate and composition of the Jordan National Centre for Human Rights (JNCHR). Basic information can also be obtained from the website of the JNCHR www.nchr.org.jo 8.2.1 Establishment The Jordan National Centre for Human Rights was established by Royal Decree /Provisional Law on 19 December 2002 pursuant to Article 94(1) of the Constitution of Jordan and the decision of the Council of Ministers (the Executive) of the 3rd December 2002.14 The JNCHR became operational on 1 June 2003. The JNCHR follows the existence of a previous Royal Human Rights Commission which was established on 28 March 2000. The Royal Decree endorsed the Provisional Law No. 75 of 2002 ‘Law of the National Center for Human Rights’ which is currently under discussion by the Jordanian bi-cameral national legislature. (The Provisional Law No. 75 of 2002 is attached in appendix 2). The Provisional Law states that the JNCHR “shall have a juridical personality with financial and administrative independence”15 and “shall be fully independent in carrying out its intellectual, political and humanitarian activities and events related to human rights.”16

8.2.2 Mandate The Provisional law defines the objectives of the JNCHR as:

• To promote the principles of human rights within the Kingdom by drawing from the tolerant teachings of Islam and the heritage of Arab Islamic values as well as the rights enshrined in the Constitution and the principles asserted in international charters and covenants.

• To contribute to entrenching the principles of human rights within the Kingdom at both intellectual and practical levels, and to ensure non-discrimination among citizens on the basis of race, language, religion or sex.

• To bolster the democratic process within the Kingdom in order to create a comprehensive and balanced model based on disseminating freedoms and safeguarding political pluralism, respecting the rule of law and guaranteeing the right to economic, social and cultural development.

14 Royal Decree became effective on 23 December 2002 15 Article 3(a) of the Provisional Law

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16 Article 6

• To strive to ensure the Kingdom's accession to Arab and International human rights charters and conventions.17

Article 5 of the Provisional law details the powers and functions of the JNCHR. In summary, the JNCHR has a wide human rights mandate and deals with cases of human rights violations, complaints, education and promotion, monitoring and integrating human rights into Jordanian legislation and practices. In its ‘application grid’ the JNCHR states that it does not have the power to contribute independently of the government to United Nations reporting. However the functions provided to the JNCHR under Article 5(c), (d), (h), (j) and (k) would provide the institution with the sufficient power to do so. 8.2.3 Composition The structure of the JNCHR is led by a 21 person part-time Board of Trustees.18 The vast majority of the Board members have been drawn from the Jordanian academic and NGO community. Three board members are ex-Government Ministers and one is a current Senator. Six of the 21 members are women. Six of the 21 board members continued their terms from the Royal Human Rights Commission. The Chairman and board members are appointed for four year terms by Royal Decree, upon the recommendation of the Prime Minister. Board members may be terminated in the same manner. The Board of Trustees formulates the JNCHR’s general policy and supervises its overall operations.19 His Excellency Mr Ahmad Obeidat currently serves as the Chairman of the Board of Trustees. Mr Obeidat was the Prime Minister of Jordan from 1984-1985 and also held a number of other senior Government roles during his political career. A former human rights lawyer, Mr Obeidat also served as the Deputy Chair of the Royal Human Rights Commission. A full-time Commissioner General is responsible for the day-to-day supervision of the JNCHR.20 The Commissioner General is appointed by the Council of Ministers (the Executive), on the recommendation of the Board of Trustees – provided the decision is also supported by a Royal Decree. The Commissioner General can be terminated in the same manner.21 The role of the Commissioner General is described in details in article 18 (a,b,c,d,e,f ) of the temporary law. Professor Dr Waleed M. Sadi is the current Commissioner General. Dr. Saadi is a former ambassador and member of several UN treaty bodies and a current member of the UN committee on economic, social and cultural rights (a detailed curriculum vitae of Dr. Saadi has been supplied). Dr Saleh Al-Zubi is the current Director General (Executive Director).

17 Article 4 18 Article 14 19 Article 15 20 Article 18

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21 Article 17

According to Article 17/ b: “The Commissioner can be assisted by a number of full time commissioners appointed by the Board (of trustees) upon recommendation by the Commissioner General. He may delegate some of his powers to any of them as needed”. Currently, the Commissioner General is only assisted by an assistant commissioner general – Mr. Taleb Al-Saqqaf – who is a lawyer who is also in charge of “the Complaints & legal Service Unit” of the JNCHR on full time basis. The JNCHR believes that, during this foundation phase, “ it is highly important to reinforce and strengthen the role of the commissioner general and that of the centre before embarking on having more commissioners, which could be one element of our future plans.” The executive office of the JNCHR, based in Amman, is comprised of three separate technical units: the Legal and Complaints Unit; the Research and Documentation Unit and the Information and Advocacy Unit. There are an equal number of male and female employees. Staff members are not regarded as civil servants and, as such, are directly and exclusively responsible to the JNCHR. 8.2.4 Accountability and Finances In addition to periodic reporting on thematic issues, the JNCHR reports annually to both the Parliament and the Council of Minsters (the Executive branch).22

With regard to the finances/budget of the JNCHR, the Provisional Law states that the institution’s financial resources shall be composed of:

• Financial support afforded by the Government; • Yield of financial and cultural activities and projects undertaken by the JNCHR; • Donations, gifts and any other resources that the Board decides to accept, on the

condition that the Council of Ministers approves them; • Legacies and Waqf.23

The JNCHR receives annually financial support from the Government as stipulated in article 22 of its provisional law. The JNCHR reports that no fixed percentage is determined for this subsidy. The amount of this support is usually agreed upon jointly on yearly basis between the JNCHR and the government. In 2003 the JNCHR received from the government JD 134971.82 (approximately $190,355 USD). In 2004, the NCHR requested JD 250000 (approximately $352,580 USD) from the government. The JNCHR reports that an amount of JD150000 (approximately $211,550 USD) has already transferred to the Centre’s bank account and another JD60000 (approximately $84,620 USD) is expected to be transferred very soon. This makes the total sum the JNCHR has received (or is due to be paid soon) by the government in 2004 JD210000 ($296,170 USD). 22 Article 11

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23 Article 22

The JNCHR reports that the government’s support is “usually intended to secure adequate funding to cover the operational and running cost of the JNCHR (the premises, the staff salaries etc….). The NCHR would seek to have a fixed amount for this yearly subsidy (a fixed minimum) from the government budget.” Finally the JNCHR report that “most of our activities and projects depend on donors' funding. Activities implemented last year / 2003 or under implementation this year /2004 – were mostly funded by UN Agencies …”. The JNCHR have supplied their financial figures for 2003 and their budget for 2004 (attached). 8.3 Analysis The JNCHR has applied for full membership of the APF. Full membership of the APF is premised on a national institution complying with the Paris Principles. In determining the compliance of the JNCHR with the Paris Principles, the following information has been submitted by the Centre and (where indicated) is attached to this paper. Accreditation checklist (attached) The 2002 Temporary Law of the JNCHR (attached) General overview information (available from the APF secretariat or from the

JNCHR website). Samples of reports in Arabic (available from the APF secretariat). Detailed tables of activities/plans of action for all three technical units of the JNCHR

in Arabic (available from the APF secretariat). Budgetary and Financial Information (translated from Arabic to English). Organisational Chart (attached). Background information on Commissioners. January 2004 Mission Report to the JNCHR by Dr Jill Chrisp, Senior Education

Specialist, New Zealand Human Rights Commission (available from the APF secretariat).

An initial analysis by the APF secretariat of the above material raises the following issues regarding compliance with the Paris Principles which should be considered by Forum Councillors. 8.3.1 Permanent Legislation Article 2 of the Paris Principles states that “a national institution shall be given as broad as mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence”.

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The JNCHR is currently established via a Royal Decree and temporary law. The JNCHR have stated in correspondence to the APF secretariat that on the existing temporary law alone they feel that they qualify for full membership of the APF. Forum Councillors have traditionally not recognised a Decree as being sufficient to meet the Paris Principles requirement that an institution be established by a ‘constitutional or legislative text’. Forum Councillors have felt that a Decree does not provide a sufficiently secure basis for the establishment of a national institution. The status of Decree based institutions has, however, been subsequently discussed at the international level by the International Coordinating Committee of National Institutions (ICC). Forum Councillors are aware that a number of institutions in other regions of the world – particularly those that are based on the ‘French’ consultative model – have been established via Decree. The French Commission has stated that the French language version of article 2 of the Paris Principles allows for this interpretation and therefore allows for Decree based institutions to be in compliance with the Paris Principles. This view has been accepted by the ICC. With regard to the ‘temporary law’, it is currently under discussion by the Jordanian bi-cameral national assembly. Several amendments have also been proposed to the temporary law which cover immunity for the JNCHR, powers of the JNCHR, and access to detention centres without prior notice. (The APF secretariat does not have an English translation of the amendments at the time of writing). The Jordanian Lower House of Parliament (also known as the House of Deputies - Majlis al-Nuwaab) accepted the temporary law and amendments. The Senate (also known as the House of Notables - Majlis al-A’yan), accepted the law but rejected the amendments. The amendments were sent back to the Lower House for reconsideration. At the time of writing, therefore, the JNCHR does not have a permanent legislative base. 8.3.2 Composition and Guarantees of Pluralism Article 4 of the Paris Principles requires that the “composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) …”. The Provisional Law is silent on the requirement to ensure pluralism in the composition of the Board of Trustees. In raising this issue with the applicant, the JNCHR provided the following response: “Though no guarantees ensuring the pluralist representation of the social forces are clearly stated in our provisional law as required in article 4 of Paris principles, the Board of trustees composition could be partly described to a certain extent and from a practical perspective as pluralist, as it comprises representatives of the following categories:

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i. Academics (University Law Professors).

ii. HR activists including Women’s Rights activists. iii. Retired civil servants (former Ministers & former diplomats). iv. Media Sector representative. v. Humanitarian & voluntary work activists. vi. The Senate.

It comprises also 4 four women members.” Article 20(a) of the Provisional Law does enable the secretariat of the JNCHR to establish “ad hoc committees” to perform tasks to meet the objectives of the JNCHR. The secretariat asked the JNCHR whether they had established an ad hoc committee comprised of the social forces of Jordanian society to advise the JNCHR in the performance of its duties. In response, the JNCHR stated: “…the NCHR was able also, through adopting various practical mechanisms, to establish and maintain links and to encourage and foster interaction with all existing forces in the local community: particularly with the civil society institutions, NGOs, parties, syndicates, parliament, academic institutions, esp. schools and universities, the media, as well as religious institutions etc…. . Since its operation, the NCHR was keen on developing and maintaining close ties with all actors in the field of advocacy and protection of human rights – whether on formal or informal level. NGOs, in particular, are regularly invited to participate in the activities organized by the Centre. As an example of such mechanisms, a “Coordinating Committee” was set up of several NGOs’ representatives headed by the NCHR. This Committee, being a special vehicle for consultation and dialogue with the civil society institutions in general & the NGOs community in particular, is mainly concerned with enhancing cooperation and coordination between this community in particular and NCHR in order to exchange information and expertise and to help build consensus on HR priorities of work. This committee meets regularly to discuss HR issues of common concern. Several technical sub-committees were, later on, formed to further follow-up and draw up workplans. Another example is the HR thought and dialogue forum known as "Tuesday Seminar" established last year (in 2003), which gathers once monthly representatives of the NGOs community with those of the three powers: the Executive, the Legislative and the judiciary. This platform hosts experts & specialists and high caliber speakers mostly from Jordan and sometimes - whenever this is possible - from Arab or non-Arab countries to debate and talk about HR issues that raises controversy. Meanwhile, our work in this area is based on article 4/ c.” Article 6 of the Paris Principles requires that the appointment of members to a national institution shall be by an “official act which shall establish the specific duration of the mandate.” The Provisional Law of the JNCHR stipulates that the Chairman and board members are appointed for four year terms by Royal Decree, upon the recommendation of the Prime Minister. However the Chairman and Board members may be terminated in the same manner without qualification of any kind. The secretariat raised this issue with the applicant and the JNCHR provided the following response:

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“As for the termination of the Chairman and the Commissioner General without qualification, we believe that this is one of the shortcomings of the law. It is true there is no criteria set for the disqualification of both, and this could affect the independence of the centre. It is acknowledged that the law needs to be further developed and amended, and we hope that – by time – this development could happen and be achieved progressively to strengthen the independence of the NCHR. But the priority now is to have a permanent legislation as the law is still under discussion by both the upper and lower houses of Parliament and is envisaged to be approved in the forthcoming ordinary session of the Parliament which is to start this November 2004. Furthermore, the termination process, as described in the law, is tied up with the Royal Decree, which could be considered as a safety measure or a guarantee against mal-practice. However, such a process for termination of high-ranking officials … exists generally … in informal institutions in Jordan established by royal decree, this is quite prevalent but it is rarely applied or resorted to and consequently does not pose any threat on the functioning of such institutions.” 8.4 Recommendation The JNCHR is seeking full membership of the APF. In the opinion of the APF secretariat the JNCHR does not currently fully comply with the Paris Principles – however the secretariat also feels that it is somewhat premature for the Forum Council to make its assessment of compliance given the ongoing legislative debate between the lower and upper houses of Parliament in Jordan on the permanent legislation for the Centre. Subsidiary issues also include the composition of the JNCHR, in particular the termination provision. The APF secretariat looks forward to the views of the Forum Council on this issue. If the Forum Council concurs that it is premature to provide the JNCHR with full membership, then the Council may still grant Candidate or Associate Membership. Rule 11.2 (a) of the Forum’s Constitution outlines the necessary qualifications for candidate members:

Each candidate member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors could comply with the Paris Principles within a reasonable period but does not do so at the time of the application for membership and which commits, in a form acceptable to the Forum councillors, to take active steps towards compliance with the Paris Principles within a reasonable period.

Rule 11.3(a) of the Constitution outlines the characteristics of associate members:

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Each associate member must be a human rights institution in the Asia Pacific region which, in the opinion of the Forum councillors, does not comply with and is unlikely to comply with the Paris Principles within a reasonable period.

The key distinction, therefore, between candidate membership and associate membership is whether an institution can become compliant with the Paris Principles within a ‘reasonable period’ or not. If, in the view of the Forum Council, the JNCHR can become compliant with the Paris Principles within a reasonable period then it is potentially eligible for Candidate membership. It should be further noted that if the JNCHR is offered Candidate membership then it, in turn, must make a commitment, in a form acceptable to Forum Councillors, to take active steps towards compliance with the Paris Principles within a reasonable period. The secretariat would recommend that this commitment relate to the passage of legislation compliant with the Paris Principles. If, however, Forum Councillors are of the view that the JNCHR is unlikely to become compliant with the Paris Principles within a reasonable period then it is potentially eligible for associate membership. As previously mentioned the Forum Council, at the Seventh Annual Meeting of the Forum in 2002, determined that they will follow:

… two guiding criteria in considering applications for associate membership: namely the requirement to possess a broad mandate; and the desirability of admitting only one institution per member state of the United Nations.24

With regard to the first of these two criteria, the mandate of the JNCHR is sufficiently broad so as to enable it to satisfy Forum Councillors concerns. With regard to the second criteria, there are no competing applications from human rights institutions in Jordan currently under consideration by the Forum Council and the Forum Secretariat is not aware of any other potentially competing institutions in Jordan which might seek membership of the Forum in the future.

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24 Paragraph 6, Concluding Statement, Seventh Annual Meeting of the Forum, www.asiapacificforum.net/activities/annual_meetings/seventh/concluding.doc

8.5 Attachment 1 – Provisional Law

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48

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50

51

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8.6 Attachment 2 – Organisational Chart

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8.7 Attachment 3 – Accreditation Checklist

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8.8 Attachment 4 – Correspondence between APF and JNCHR

-----Original Message----- From: Kieren Fitzpatrick [mailto:KierenFitzpatrick@asiapacificforum.net] Sent: Tuesday, August 31, 2004 9:13 AM To: Sahar Rawas; sadi_waleed@yahoo.com Cc: saleh zubi; Naresh Perinpanayagam; Pip Dargan Subject: RE: Jordan Centre's application for APF membership

Dear Sahar,

Hi - its Kieren here at the APF. I'm just back to the office after being away on work.

Thanks for your quick response regarding your institution's application for membership to the APF - I appreciate it. We don't have much time left before our next annual meeting in Sth Korea and therefore we will both need to move rather quickly. From our side we will need to send out your membership application prior to our Forum Council prior to our next annual meeting to allow them time to consider it before they meet on the 13th September. From your side we would therefore appreciate it if you could respond with any comments on the attached draft analysis of your application as soon as possible.

We have therefore now completed our initial review of you institutions application. Please find this attached to this e-mail. Before we can finalise the report, we urgently need the following information from the Centre:

1. Budgetary and Financial Information (translated from Arabic to English) (Thank you for undertaking to translate this information).

2. An Organisational Chart (e.g. a 1 or 2 page diagram that shows the structure of the Centre, key reporting lines).

3. Background information on Commissioners. (e.g. a list of names, current occupation, fulltime/part-time status, role i.e. full voting member or advisory capacity only, plus any other information that is relevant).

This is a standard information we require of all applicants. We would be very grateful if you could provide the following information by fax or email by Monday 6 September.

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We would also appreciate it if you could provide the APF with your formal written comments on our draft analysis. Feel free to correct any errors of fact we have made AND any disagreements or different opinions you might have of our analysis. Your written comments will be provided to Forum Councillors to aid in their decision. In the draft report, we have highlighted

a number of areas (in red type) that require more information. Please provide a formal response to each statement. For ease I have highlighted the main points below:

1. Article 4 of the Paris Principles requires that the "composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) …". The Provisional Law is silent on the requirement to ensure pluralism in the composition of the Board of Trustees. Article 20(a) of the Provisional Law does, however, enable the secretariat of the JNCHR to establish "ad hoc committees" to perform tasks to meet the objectives of the JNCHR. Theoretically the JNCHR could establish ad hoc committees comprised of the social forces of Jordanian society to advise the JNCHR in the performance of its duties.

2. Article 5 of the Paris Principles stipulates that if a representative of a government department is included in the composition of a national institution, the representative can only participate in an advisory capacity without any decision-making power. The APF secretariat has been informed that a human rights advisor to the Prime Minister of Jordan does sit on the Board of Trustees in an "advisory capacity" – however the Provisional Law is again silent on this matter.

3. Article 6 of the Paris Principles requires that the appointment of members to a national institution shall be by an "official act which shall establish the specific duration of the mandate." The Provisional Law of the JNCHR stipulates that the Chairman and board members are appointed for four year terms by Royal Decree, upon the recommendation of the Prime Minister. However the Chairman and Board members may be terminated in the same manner without qualification of any kind.

I hope all of the above is clear - please get in touch if anything is unclear/confusing.

Regards - and I look forward to hearing from you

Kieren Fitzpatrick >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

JNCHR Response:

Dear Kieren

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It is good to hear from you, Long time No hear. I hope these answers/ comments are satisfactory, in case you need any further clarification, please do not hesitate to contact me.

I am sending you by DHL the original requested financial documents as well as the organizational chart. Concerning the issues you raised in your message , wish to inform you the following: 1) Concerning the Commissioners:

As you already know, the NCHR has only ONE full time Commissioner General – Dr. Waleed Saadi. As he is originally a member of the Board of Trustees appointed to serve in this post, the Commissioner General is a full voting member , and therefore, has obviously a decision-making power . The role of the Commissioner General is described in details in article 18 (a,b,c,d,e,f ) of the temporary law. Dr. Saadi is a former ambassador and member of several UN treaty bodies, currently member of the UN committee on social, cultural and economic rights. Enclosed herewith the detailed curriculum vitae of Dr. Saadi. According to Article 17/ b : “ The Commissioner can be assisted by a number of full time commissioners appointed by the Board ( of trustees) upon recommendation by the Commissioner General. He may delegate some of his powers to any of them as needed”. Currently, the Commissioner General is only assisted by an assistant commissioner general – Mr. Taleb Al-Saqqaf - a lawyer- who is heading at the same time “the Complaints & legal Service Unit” of the NCHR on full time basis too. Still being in the foundation phase, the NCHR believes that it is highly important to reinforce and strengthen the role of the commissioner general and that of the centre before embarking on having more commissioners, which could be one element of our future plans. He is considered a commissioner , but he does not have a voting right as he is a staff member.

2) Though no guarantees ensuring the pluralist representation of the social forces are clearly stated in our provisional law as required in article 4 of Paris principles, the Board of trustees composition could be partly described to a certain extent and from a practical perspective as pluralist , as it comprises representatives of the following categories :

i. Academics (University Law Professors). ii. HR activists including Women’s Rights

activists. iii. Retired civil servants (former Ministers &

former diplomats). iv. Media Sector representative. v. Humanitarian & voluntary work activists. vi. The Senate.

It comprises also 4 four women members .

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Moreover, the NCHR was able also , through adopting various practical mechanisms, to establish and maintain links and to encourage and foster interaction with all existing forces in the local community: particularly with the civil society institutions , NGOs, parties, syndicates, parliament, academic institutions, esp. schools and universities, the media, as well as religious institutions etc…. . Since its operation, the NCHR was keen on developing and

maintaining close ties with all actors in the field of advocacy and protection of human rights – whether on formal or informal level . NGOs, in particular, are regularly invited to participate in the activities organized by the Centre. As an example of such mechanisms, a “Coordinating Committee” was set up of several NGOs’ representatives headed by the NCHR. This Committee, being a special vehicle for consultation and dialogue with the civil society institutions in general & the NGOs community in particular, is mainly concerned with enhancing cooperation and coordination between this community in particular and NCHR in order to exchange information and expertise and to help build consensus on HR priorities of work. This committee meets regularly to discuss HR issues of common concern. Several technical sub-committees were, later on, formed to further follow-up and draw up workplans. Another example is the HR thought and dialogue forum known as "Tuesday Seminar" established last year (in 2003), which gathers once monthly representatives of the NGOs community with those of the three powers : the Executive , the Legislative and the judiciary . This platform hosts experts & specialists and high caliber speakers mostly from Jordan and sometimes - whenever this is possible- from Arab or non-Arab countries to debate and talk about HR issues that raises controversy. Meanwhile, our work in this area is based on article 4/ c.

3) In principle, the Board of trustees, as stipulated in article 14 of our temporary law, consists of 21 members maximum (including the Chairman). In fact, the current Board, though started with 21 members, comprises at present 18 members ONLY. Three memberships are not valid anymore. Presently, there is NO government representation whatsoever on the board. Mrs. Nancy Bakir, the HR advisor to the Prime Minister, who was the government representative sitting on the board has resigned as she was appointed as Assistant Secretary General at the Arab League in Cairo. Mrs. Asma Khader resigned also as she was lately appointed Minister & spokeswomen of the government in the current cabinet. The third member, Dr. Ahmad Al-Momani, passed away. The general tendency for the Board now is to continue to operate with its 18 members without necessarily having to fill these vacancies as the 21 membership constitutes the maximum and not an obligatory requirement. Furthermore, there will be no replacement for the government representative even if the Board opt to increase its membership in the future.

4) As for the termination of the Chairman and the Commissioner General without qualification, we believe that this is one of the shortcomings of the law. It is true there is no criteria set for the disqualification of both, and this could affect the independence of the centre. It is acknowledged that the law needs to be further developed and amended, and we hope that - by time- this development could happen and be achieved progressively to strengthen the independence of the NCHR . But the priority now is to have a permanent legislation as the law is still under discussion by both the upper and lower houses of Parliament and is envisaged to be approved in the forthcoming ordinary session of the Parliament which is to start this November 2004.

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Furthermore, the termination process, as described in the law, is tied up with the Royal Decree, which could be considered as a safety measure or a guarantee against mal-practice. However, such a process for termination of high-ranking

officials is exists generally exists in informal institutions in Jordan established by royal decree, this is quite prevalent but it is rarely applied or resorted to and consequently does not pose any threat on the functioning of such institutions .

5) As for your queries regarding the finances of the NCHR and as indicated in the financial documents enclosed herewith, the NCHR receives annually financial support from the Government as stipulated in article 22 of our provisional law no.75 for the year 2002. No fixed percentage is determined for this subsidy. The amount of this support is usually agreed upon jointly on yearly basis between the NCHR and the government.

The NCHR received from the government JD 134971.82 in 2003. In 2004, the NCHR requested JD 250.000 from the government : an amount of JD150.000 is already transferred to the centre bank account and another JD60.000 is expected to be transferred very soon. This makes the total sum the NCHR received or due to be paid by the government in 2004 is JD210.000 Only .

This support is usually intended to secure adequate funding to cover the operational and running cost of the NCHR (the premises, the staff salaries etc….). The NCHR would seek to have a fixed amount for this yearly subsidy ( a fixed minimum) from the government budget. Most of our activities and projects depend on donors' funding. Activities implemented last year / 2003 or under implementation this year /2004- were mostly funded by UN Agencies and particularly UNDP office in Amman as well as an allocation from the Democratic Governance Thematic Fund through the UNDP in Amman also , UNHCR office in Amman, or International NGOs such as Konrad Adenauer & Freedom House as well as an allocation . Enclosed are the financial reports & the organizational chart. With best regards, SAHAR RAWAS Advisor / External Communications & Media Affairs

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8.9 Attachment 5 – Financial Information

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NATIONAL CENTER FOR HUMAN RIGHTS Statement Of Revenue And Expenses

From 01/04/2003 To 31/12/2003 Amount Description

Revenue

134,971.820 HKJ GOV't Allocation 385.490 Interest value 890.650 Other revenues

136,247.960 Total Revenue

Expenses Wages And salary

44,136.330 Wages And Salaries 9,710.000 Allowances & Bonuses

30.000 Overtime 76.920 Staff Indemnities

4,750.900 Social Security 58,704.150 Total Wages And Salarys Expenses

Stationary And Printed Expenses

3,525.660 Stationary 2,371.500 Printing materials & supplies 1,333.900 Office supplies 282.650 Books purchase cost 60.000 Printing and copying cost

7,573.710 Total Stationary and Printing cost Other Expenses

4,864.870 Training and development 2,072.720 Advertising 7,003.550 Office Maintenance 128.500 Vehicles & Cars 110.000 Training & development 467.610 Conference Expenses 636.880 Newspapers Subscriptions 17.800 Fees for legal services

1,669.140 Travel and transportation 87.600 Licenses and authorization fees

108.800 Customs

237.890 Miscellaneous 21.000 Gaz Expense

116.000 Mobil Expense 464.630 Deisel Expense 871.040 Water Expense

2,704.390 Electric Expense 3,262.360 Phone And fax Expense 186.000 Translation Expense 333.000 Donation Expense 271.220 Fines Expense

3,256.800 Cleaning Expense 240.050 Cleaning Supplies Expense 19.270 Tax Expense 24.650 Post Office stamps Expense

164.900 Charge And Interest Expense 29,340.670 Total Other Expenses

95,618.530 Total Expenses Before Depreciation

3,517.920 Depreciation Expense

99,136.450 Total Expenses After Depreciation

37,111.510 Surplus Revenue Over Expendituer

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8.10 Attachment 6 – Paris Principles PRINCIPLES RELATING TO THE STATUS OF NATIONAL INSTITUTIONS Competence and responsibilities ‘Paris Principles’ 1. A national institution shall be vested with competence to promote and protect human rights. 2. A national institution shall be given as broad a mandate as possible, which shall be clearly set

forth in a constitutional or legislative text, specifying its composition and its sphere of competence.

3. A national institution shall, inter alia, have the following responsibilities:

(a) To submit to the Government, Parliament and any other competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights; the national institution may decide to publicize them; these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:

(i) Any legislative or administrative provisions, as well as provisions relating to

judicial organizations, intended to preserve and extend the protection of human rights; in that connection, the national institution shall examine the legislation and administrative provisions in force, as well as bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights; it shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;

(ii) Any situation of violation of human rights which it decides to take up;

(iii) The preparation of reports on the national situation with regard to human rights in

general, and on more specific matters;

(iv) Drawing the attention of the Government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the Government;

(b) To promote and ensure the harmonization of national legislation regulations and

practices with the international human rights instruments to which the State is a party, and their effective implementation;

(c) To encourage ratification of the above-mentioned instruments or accession to those

instruments, and to ensure their implementation;

(d) To contribute to the reports which States are required to submit to United Nations bodies and committees, and to regional institutions, pursuant to their treaty obligations and, where necessary, to express an opinion on the subject, with due respect for their independence;

(e) To cooperate with the United Nations and any other organization in the United Nations

system, the regional institutions and the national institutions of other countries that are competent in the areas of the promotion and protection of human rights;

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(f) To assist in the formulation of programmes for the teaching of, and research into, human rights and to take part in their execution in schools, universities and professional circles;

(g) To publicize human rights and efforts to combat all forms of discrimination, in particular

racial discrimination, by increasing public awareness, especially through information and education and by making use of all press organs.

Composition and guarantees of independence and pluralism 4. The composition of the national institution and the appointment of its members, whether by

means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights, particularly by powers which will enable effective cooperation to be established with, or through the presence of, representatives of:

(a) Non-governmental organizations responsible for human rights and efforts to combat

racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;

(b) Trends in philosophical or religious thought;

(c) Universities and qualified experts;

(d) Parliament;

(e) Government departments (if these are included, their representatives should participate in

the deliberations only in an advisory capacity).

5. The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.

6. In order to ensure a stable mandate for the members of the national institution, without which

there can be no real independence, their appointment shall be effected by an official act which shall establish the specific duration of the mandate. This mandate may be renewable, provided that the pluralism of the institution's membership is ensured.

Methods of operation Within the framework of its operation, the national institution shall:

(a) Freely consider any questions falling within its competence, whether they are submitted by the Government or taken up by it without referral to a higher authority, on the proposal of its members or of any petitioner;

(b) Hear any person and obtain any information and any documents necessary for assessing

situations falling within its competence;

(c) Address public opinion directly or through any press organ, particularly in order to publicize its opinions and recommendations;

(d) Meet on a regular basis and whenever necessary in the presence of all its members after

they have been duly convened;

(e) Establish working groups from among its members as necessary, and set up local or regional sections to assist it in discharging its functions;

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(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise, responsible for the promotion and protection of human rights (in particular ombudsmen, mediators and similar institutions);

(g) In view of the fundamental role played by the non-governmental organizations in

expanding the work of the national institutions, develop relations with the non-governmental organizations devoted to promoting and protecting human rights, to economic and social development, to combating racism, to protecting particularly vulnerable groups (especially children, migrant workers, refugees, physically and mentally disabled persons) or to specialized areas.

Additional principles concerning the status of commissions with quasi-judicial competence A national institution may be authorized to hear and consider complaints and petitions concerning individual situations. Cases may be brought before it by individuals, their representatives, third parties, non-governmental organizations, associations of trade unions or any other representative organizations. In such circumstances, and without prejudice to the principles stated above concerning the other powers of the commissions, the functions entrusted to them may be based on the following principles: (a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the law,

through binding decisions or, where necessary, on the basis of confidentiality; (b) Informing the party who filed the petition of his rights, in particular the remedies available to

him, and promoting his access to them; (c) Hearing any complaints or petitions or transmitting them to any other competent authority

within the limits prescribed by the law; (d) Making recommendations to the competent authorities, especially by proposing amendments or

reforms of the laws, regulations and administrative practices, especially if they have created the difficulties encountered by the persons filing the petitions in order to assert their rights.

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8.11 Attachment 7 – APF Membership Rules CONSTITUTION OF THE ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS RULES RELATING TO MEMBERSHIP OF THE FORUM 11 Membership

11.1 Full members

(a) Qualifications of full members

Each full member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors complies with the Paris Principles.

(b) Initial members

The initial members are:

(1) Human Rights and Equal Opportunity Commission of Australia; (2) National Human Rights Commission of India; (3) Indonesian National Commission on Human Rights; (4) Human Rights Commission of New Zealand; (5) Commission on Human Rights of the Philippines; (6) Human Rights Commission of Sri Lanka; (7) Fiji Human Rights Commission; and (8) Human Rights Commission of Nepal.

(c) Status

The initial members are full members.

(d) Admission of further full members

(1) The Forum councillors may admit any institution, meeting the qualifications set out in rule 11.1, to full membership of the Forum.

(2) Every applicant for full membership (except the initial members) must be proposed by one and seconded by another full member. The application for full membership must be:

(A) made in writing and signed by the applicant and its proposer and seconder; and (B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.1(d)(4), at the next meeting of the Forum councillors after the receipt of an application for membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

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(4) The Forum councillors may, at their discretion, defer the consideration of an application for full membership.

11.2 Candidate members

(e) Qualifications of candidate members

Each candidate member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors could comply with the Paris Principles within a reasonable period but does not do so at the time of the application for membership and which commits, in a form acceptable to the Forum councillors, to take active steps towards compliance with the Paris Principles within a reasonable period.

(f) Admission of candidate members

(1) The Forum councillors may admit any institution meeting the qualifications set out in rule 11.2(a) to candidate membership of the Forum.

(2) Every applicant for candidate membership must be proposed by one full member and seconded by another full member. The application for candidate membership must be:

(A) made in writing and signed by the applicant and its proposer and seconder; and (B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.2(b)(4), at the next meeting of the Forum councillors after the receipt of an application for candidate membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for candidate membership.

(g) Rights of candidate members

Candidate members have no voting rights.

11.3 Associate members

(h) Characteristic of associate members

Each associate member must be a human rights institution in the Asia Pacific region which, in the opinion of the Forum councillors, does not comply with and is unlikely to comply with the Paris Principles within a reasonable period.

(i) Admission of associate members

(1) The Forum councillors may admit any institution, having the characteristic set out in rule 11.3(a), to associate membership of the Forum.

(2) Every applicant for associate membership must be proposed by one full member and seconded by another full member. The application for associate membership must be:

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(A) made in writing and signed by the applicant and its proposer and seconder; and

(B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.3(b)(4), at the next meeting of the Forum councillors after the receipt of an application for associate membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for associate membership.

(j) Rights of associate members

Associate members have no voting rights.

11.4 Review of compliance by full members with the Paris Principles

(k) Occasion for review

(1) The Forum councillors may, on their own motion and at any time, decide to review the compliance of a full member with the Paris Principles.

(2) A full member must notify the Forum if there has been any change to the constitutional and/or legislative base or administration of the institution which materially impacts upon its compliance with, or ability to comply with, the Paris Principles.

(l) Review

(1) Following a decision to review under rule 11.4(a)(1) or receipt of a notification under rule 11.4(a)(2), the Forum councillors must meet to consider whether the institution complies with the Paris Principles.

(2) If the Forum councillors decide that the institution does not so comply, they may decide to propose a resolution under rule 12.2 to expel the member.

11.5 Review of commitment by candidate members to comply with the Paris Principles

(m) Occasion for review

(1) The Forum councillors may, on their own motion and at any time, decide to review the commitment of a candidate member to take active steps to comply with the Paris Principles within a reasonable period.

(2) A candidate member must notify the Forum if there has been any change to the constitutional and/or legislative base or administration of the institution which materially impacts upon its commitment or ability to take those active steps to comply with the Paris Principles within a reasonable period.

(n) Review

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(1) Following a decision to review under rule 11.5(a)(1) or receipt of a notification under rule 11.5(a)(2), the Forum councillors must meet to consider whether the institution is taking active steps to comply with the Paris Principles.

(2) If the Forum councillors decide that the institution is not taking those active steps, they may decide to propose a resolution under rule 12.2 to expel the member

12 When membership ceases

12.1 Resignation and other events

An institution immediately ceases to be a member if the institution:

(o) resigns as a member by giving written notice to the Forum; or

(p) becomes insolvent or makes any arrangement or composition with its creditors or if a liquidator, receiver or other external administrator is appointed in respect of the institution; or

(q) is expelled under rule 12.2.

12.2 Expulsion

(r) The Forum councillors may by resolution expel a member from the Forum if;

(1) in their absolute discretion, they decide it is not in the interests of the Forum for the institution to remain a member; or

(2) under rules 11.4(l)(2) or 11.5(n)(2) they decide to propose a resolution under this rule.

(s) If the Forum councillors intend to propose a resolution under rule 12.2(r), at least one month before the meeting at which the resolution is to be proposed, they must give the member written notice:

(1) stating the date, place and time of the meeting;

(2) setting out the intended resolution and the grounds on which it is based; and

(3) informing the member, candidate member or associate member that a representative of the member, candidate member or associate member may attend the meeting and may give an oral or written explanation or submission before the resolution is put to the vote.

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