By Antonia L. Dimou*,
(Photo from: www.kinghussein.gov.jo)
ABSTRACT
The wave of pro-democracy protests that swept
across the Arab world has stricken like an earthquake that is changing the
ground underneath. The protests have been dubbed the “Arab Spring”. It is a
spring that supported the notion that Arab people crave freedom, democracy,
justice, economic reforms and the right to demand accountability from their
governments.
The successful uprisings in
Tunisia and Egypt that ended in the removal of longtime regimes have inspired
the people of the
region to seize the opportunity of taking the future into their own hands.
Historically speaking, what has happened is without precedent in the Arab
world. For the first time, Arab countries illustrated the potential of
spontaneous democracy, or more accurately, democratisation from within.
Given that, the present analysis focuses on the
Hashemite Kingdom of Jordan whose position as a bridge between the Levant and
the Persian Gulf provides
it a unique geopolitical standing in the Middle East. Admittedly, out of the
turbulent events in the region,
Jordan
took practical steps to unleash a political reform process to widen public
participation in decision making, icluding
the promotion of free speech, and to strengthen pillars of democracy.
The Arab Spring has affected Jordan and
set off the wind of major political
and economic reforms that will
be presented with focus on the freedom of Press, as they offer a
historic opportunity to observe the birth of the new from the old, and provide
a momentum of transformation where the idea of democracy advances as the best
solution for politically handling multiple in-country interests and structures.
A. Jordan’s Spring
of Reforms: All-time Classic Focus
Jordan is
a moderate country strategically located in the heart of the Arab world
governed under the political system of constitutional monarchy.The kingdom has
been motivated by the momentous events in Tunisia and Egypt, which inspired
protests on Jordanian soil demanding economic and political reforms. Jordanian protests are led by the
Islamic movement and by a popular protest movement that allegedly encompasses
the National Front of Reform, and the four tribe coalition which represents the
Kingdom’s major four large tribes namely the Bani Hassan, the Bani Sakher, the
al-Da’aja and the Al-Ajarme considered the backbone of the Kingdom.
However, the major
differentiation of the Jordanian events from those in the rest of the Arab world is that
protestors have asked for reform of the current
system, not its abolition.
Jordan has an
important record on reform initiatives which were delayed due to major regional
events. Most prominent were the 2003 American military campaign against Iraq,
the 2005 parliamentary elections in Egypt where the Muslim Brotherhood secured
20 percent of the seats, the November 2005 bombing of three hotels in Jordan by
an armed wing of al Qaeda based in Iraq that killed 60 Jordanian nationals, the
2006 elections in the West Bank and Gaza where Hamas won the majority of
parliamentary seats, and the 2007 Hamas takeover of the Gaza strip.
Additionally,
reform initiatives were impeded by the reality of demographics in Jordan. The
Jordanian-Palestinian "split" in the country has arisen as result of
the forced migration of Palestinians who fled to Jordan, acquired nationality
and citizenship, and now constitute about half of the population. Palestinian
fears that reforms could potentially lead to the stripping of their rights, as
well as Jordanian worries that any reform process may lead to the political
empowerment of Palestinians who may attempt to create an alternative
Palestinian homeland in Jordan, presented a major setback to last decade's
reform initiatives. In other words, for a significant segment of the Jordanian
society, political reforms and democratization equals Palestinization. However,
this is a major challenge. In reality, the two peoples can easily remain united
in the struggle for a political system based on justice, freedom, equal
opportunities and individual rights. In a system that restores power to the
masses, while maintaining Jordanian and Palestinian identities and dealing
intelligently with the political reality, Jordan's people can be united.[1]
Notably,
in the pre-Iraq war period, the Kingdom initiated the “Jordan First-Al Urdun Awlan” campaign, which attempted to
articulate a comprehensive vision of economic and political reforms. The
initiative provided the formation of a national committee to deal with
different economic and political issues and debated five distinct themes,
namely the possibility of establishing a constitutional court; the introduction
of a parliamentary quota for women; the enactment of anti-corruption measures;
the drafting of a new political parties law with the aim of ending the state of
fragmentation among political parties; and, the setting of rules to cover
relations between civil society, professional organizations and the state.
Equally significant reform
initiative was the 2005 Jordanian National Agenda, a blueprint for political,
economic and social reforms that envisioned approaching the reform process in a
holistic, rather than a piecemeal, way. The committee of the National Agenda
consisted of representatives from political parties including the Muslim Brotherhood,
the parliament, civil society, women activists, the media, the government and
the private sectors, and reached recommendations in three interdependent areas,
namely the economic and social policies, basic rights and freedoms, and state
infrastructure. In the field of political reforms, the National Agenda proposed
new laws to open up elections and prevent discrimination against women. In July
2006, the government of then Prime Minister Maarouf Bakhit assembled a forum of
700 participants over a two-day period to address the political, economic and
social challenges facing the Kingdom. Capitalizing on the findings of the
National Agenda, participants produced the "We
Are All Jordan – Kulna al Urdun" document. The document was a clear
attempt at political reform and selected a list of fifteen priorities. The
major three were loyalty and nationalism, sovereignty of the state and the
protection of national interests, and national security. The Bakhit government
undoubtedly showed significant legislative initiative. Specifically, in
November 2006, it passed an anti-corruption law that established an
anti-corruption committee with broad powers. The law notably included in its
definition of corruption actions related to nepotism (wasta).[2]
Coming to today's situation, the
Jordanian leadership took speedy and practical steps to unleash a deep
political reform process to reflect Jordan's vision of comprehensive reform,
modernization and development. The chief of reform measures was the
introduction of a new constitution that came into force on October 10, 2011,
and included amendments to 42 constitutional articles that met certain central
demands of the Jordanian protest movement. Most prominent was the establishment
of a constitutional court and an independent elections oversight commission,
and the provision that the dissolution of the parliament entails the
dissolution of the government. A major concession was also the curtailing of
some of the King’s powers with most representative, the revoke of his power to
cancel parliamentary elections.[3]
It is deemed that these reform measures
have not satisfied the opposition overall, most prominently, the Jordanian
Muslim Brotherhood which has the ability and the political infrastructure to
mobilize the streets. Sensing that it is empowered by the events in Libya and
Egypt, and also by the
crisis in Damascus since the Syrian Muslim Brotherhood reportedly plays a
significant role as part of the outside opposition, the movement in Jordan
demands for more extensive changes including the instate of a prime minister
and a government elected by the people, the abolition of the King-appointed
senate or alternatively, the instate of a senate elected by the people, the
safeguard of the Judicial Council’s independency and the enact of a new
elections law[4].
The so far refusal of the Jordanian Muslim
Brotherhood not to participate in government and the political decision-making
process in general, despite repeated official invitations, is estimated that it
is dictated by the fact that people will start to expect solutions.[5]
Once the movement runs government institutions and its members become
ministers, then people will start to question their policies and outcome.
Failure to deliver in the context of the actual decision-making may take away
some of their legitimacy and popularity, therefore, so far avoidance to joining
governments is translated into lack of urgency or need to govern and deliver on
that.[6]
The best example of this position is the failure of the Islamic movement of
Hamas to deliver and its consequent declined popularity in Gaza.
Jordan envisions
becoming a model of democracy, and though the manifestation of major past
regional events led to the delay of the reform process, nowadays, the reality
is reversed. The current wind of reforms that has blown up the entire region
from Morocco to the Gulf accelerates Jordan’s long-time commitment to reforms
and democratization. Concurrently at this critical time where the main factor
of the revolutionary wave of protests is attributed to rising poverty and
unemployment[7], a promise of economic
gains has been extended to Jordan by the Gulf Cooperation Council (GCC) to join
the organization. Relatively poor and facing high unemployment and yawning
budget deficits, Jordan could benefit from concessional prices for oil and gas,
better access for its citizens to work in the Gulf, and financial assistance.
Jordan, run by a Sunni Muslim monarchy, some 750 miles from the Gulf,
has a per-capita GDP of 5,300 dollars, while, by comparison, Saudi Arabia GDP
per capita is 24,200 dollars.[8]
Massive protests
in two of its member states urged the GCC to agree to provide Oman and Bahrain
10 billion dollars each over a decade in order to meet protesters' demands for
higher living standards. This reality has created a precedence that Jordan may
be looking for similar assistance. Enriched by climbing oil prices, the Gulf
monarchies have been able to respond to their internal wave of protests with
generous aid programs for their already-wealthy populations. Saudi Arabia alone
has committed to spending 125 billion dollars, but in Jordan, the King has no
alternative other than to increase deficit spending to cover the cost of
handouts at a time when the Kingdom's economy is suffering under the weight of
slow growth and higher global prices for food and energy. It is no secret that
repeated interruptions in the pipeline delivering Egyptian natural gas to
Jordan has forced the Kingdom to ration electricity and increase its import
bill.
Therefore, the
accession of energy-poor Jordan to the ranks of the predominantly oil-rich bloc
of Gulf nations could offer an avenue for financial support for the Kingdom,
while the political symbiosis in the Gulf club is the latest reflection of how
the widespread protests in the Arab nations are reshaping the political
landscape of the volatile Middle East.
B. Jordan’s Spring
on Free Press and Media
Jordan has
responded instantly to the Arab Spring by establishing mechanisms that aim to
create new spark of reforms in
the field of the Press and the Media, which can be translated into
realities on the ground, and
lead to the blossoming of democracy.
The
ability of the Press
to bring about accountability and transparency is the bedrock of democracies on a global level. A
radiant spotlight on the impact of the Arab Spring on free speech was evidenced recently in the
2013 World Press Freedom Index as released by the France-based non-profit organization Reporters without Borders. Interestingly, countries that have successfully overthrown
their once repressive regimes
lack media pluralism
and have much to account
with regards to free speech.[9]
Coming to Jordan,
media freedoms have improved in the Kingdom in the wake of the Arab
Spring, while after
more than two years since Arab Spring protests erupted, media activists in Jordan acknowledge that a
boost is given to the
freedom of the press,
and journalists have started
tackling issues that
used to be taboo in the past.
Jordan hoasts several independent newspapers, and the government has a
majority stake in major daily Al-Rai, and a minority stake in the second largest in circulation
nation-wide daily Al-Dustour. Additionally, the Kingdom hosts the Jordan
Media City (JMC) that was
launched in 2001 as the first private media city in the region with the aim to provide the regional and international media
industry with state of the art technologies. Specifically, JMC envisions to becoming the leading media hub in the region,
to uplink television channels to cover the world, and towards this end, JMC awarded a
multi-million US dollar contract to supply equipment and software for the
operation of ninety playout channels and one hundred back-hauled channels.[10]
The 2003 Audio Visual Law ended the
government monopoly on broadcasting, and the Kingdom’s
first privately owned television channel was launched as a pilot project in
2007, but later
stalled. Satellite dishes are allowed, and pan-Arab news channels remain
popular. The use of internet
has increased and reportedly, more than 35 percent of the population had
access to the web in 2011. Jordanian blogs have also continued to flourish throughout the recent years with several
ones having become
the focal point for the
organization and the
evolvement of popular protests.
The
Press and the media in Jordan have been close to the Arab Spring winds.
According to a special report issued by the Center for Defending the
Freedom of Journalists (CDFJ) in May 2011, there has been
increase in media freedom during the Arab Spring. As cited in the report, 15.4% of journalists find that media
freedom has increased significantly, compared to the nearly 0% who thought so
in previous reports. The
report also acknowledged that one of the main gains of the Arab Spring,
as far as the media is concerned, is that journalists broke the barrier of fear
while reporting on local developments.
In line with the Jordanian constitution’s
guarantee of freedom of speech and expression, the Jordanian government amended
the Press and Publications Law No. 8 of 1998 in 2012 with the aim to enhance the media
and Press environment. With a
royal stamp on the law, amendments
to the Press and Publications Law have attempted to make online media register
with the Press and Publications Department and towards this end, registration fees were lowered from
JD10,000 to JD1,000.[11]
The Amendments have primarily dealt with the regulation of websites
accessible in Jordan. Many consider
that Amendments were needed to regulate
websites, hold the responsible parties accountable, and place an obligation on individuals or entities
interested in covering Jordan's internal and external news to register and get
licensed like those in the
print press.[12]
Amendments have contained
four major changes to
the original Press and
Publications Law of 1998, starting with Article 49 which thereon requires that all Electronic
Publications that publish news, press reports, press releases, and comments
relevant to the domestic or external affairs of Jordan must be registered and
licensed with the Department of Press and Publications “by virtue of the
Director’s decision”.[13]
The registration and license requirements apply to all Electronic
Publications irrespective of their location of operation. The Amendment of Article 49 has placed an affirmative duty on
Electronic Publications to monitor content to ensure that it does not contain
false information or information unrelated to the subject of the news. If an
Electronic Publication is found to be in violation of the Press and
Publications Law or its Amendments, the Director has the authority to block the
pertinent website and close its administrative offices located in Jordan.
The
second major amendement has been that of Article 38 which prohibits the publication
of material that abuses
a recognized religion, content that offends or insults Prophets, content that
insults religious beliefs, and expands the notion of
individual dignity by prohibiting the publication of “anything that
includes contempt, slander, or defamation of individuals or affects their
personal freedom”.
The third amendment that was made to Article 48
of the Press and Publications Law imposes a lower fine on Periodical
Publications that are issued without a license, foreseeing that Periodical
Publications which
violate the Press and Publications Law will be fined an amount not less than
one thousand dinars and not more than five thousand dinars. However, more
significantly, the Amendments allow the Director of the Press and Publications Department to shut down outlets and institutions that
issue Periodical Publications in violation of the Press and Publications Law.
Such Periodical Publications can be confiscated and subsequently prohibited
from further issuance.
Last but not least, the fourth
major amendment provides that tribunals have jurisdiction over Press and
Publications Law cases related
to crimes committed; (i) in violation of the Press and Publications
Law; (ii) in violation of the Press and Publications Law (whether through
print or audio-visual media); and (iii) against
the domestic and external security of Jordan.
In line with the reform promises that the
government made at the height of the popular protests in Jordan in 2011, the
amembed legislation has been viewed as an institutionalized reform. Since then,
the Press and the media have acted as magistrate getting rid of the stigma of
one-sided news coverage by reporting and op-editing extensively on cases of
domestic corruption. Most representative corruption cases that were covered by
the online and printed press were those of former intelligence chief Mohammed
al-Dahabi, and business tycoon
Khaled Shahin. According to online and printed articles, Jordan's former
head intelligence for the period of 2005-2008 was
sentenced to 13 years in
prison on charges of embezzling public funds, money laundering and abuse
of office. As reported by the
Jordanian press, the court in Amman fined him approximately 30 million
dollars, and ordered him to return the 34 million dollars
he allegedly laundered and embezzled during his time in office.[14] The second case of corruption that
was disclosed in detail by the Jordanian Press was that of Khaled Shahin, a
businessman convicted in a case related to the Jordan
Petroleum Refinery Company (JPRC) expansion project, and who served three
years in prison for bribery.[15]
The
2012 amendments to the Press and Publications Law of 1998 have undoubtedly contributed to enhancing the
media and press environment however critics argue that implementation
suffers from arbitrary classification and distribution of information by
different ministries and state institutions. Critics also complain that while the outlets for news have
increased, they are often blocked from obtaining information on government
policies and officials.
Concurrently, there is a prevailing belief amongst local journalists that
a “soft containment” policy is pursued
by business entities in
an attempt to dominate the media sector. A recent survey conducted by Al Quds Centre for Political
Studies showed that methods of
soft containment on journalists are practiced by businessmen with a percentage
of 69, influential figures with a percentage of 32.2, and civic society
organizations with a percentage of 31.[16]
In a coordinated effort to address
gaps and Press freedom violations, a group of deputies submitted in early February 2013 a memorandum to re-amend the Press and Publications Law of 1998.[17] In their motion, deputies called on the
government to scrap various articles, including the one that gives the Press and Publications Department director the authority to
block news websites that do not obtain licences in accordance with the law. The memo also addressed technical issues like that of
removing an article which conditions that news websites must be run by an
editor-in-chief who has been a member of the Jordan Press Association for at least five years.[18]
Undoubtedly, Jordan’s speedy
and practical steps to unleash genuine media and
Press reforms
aim to reflect the Kingdom’s vision of comprehensive modernization and
development in a way that can be translated into realities on the ground and
provide a blueprint
for a better future for the
Jordanian people.
EPILOGUE
In the
often tumultuous politics of the Middle East, the Hashemite Kingdom of Jordan
has traditionally steered a cautious and successful course in international
relations largely relying on conservative foreign and domestic policies.
The
momentum events of the Arab
Spring have swept across the region and have stricken like an earthquake that is
changing the ground underneath.
In response, Jordan capitalized on its own record of past reform initiatives,
and accelerated a genuine political reform process including those of the Press
and media reforms with the aim to prepare the ground for comprehensive
democracy. As Arab Spring events unfold, Jordan is
offered the golden opportunity
to turn itself into a
model of democracy and provide a prospectus for a better future not only
for its own people, but for the people of the entire region.
ENDNOTES
[1] For a broad overview, See Rosemary Hollis, Khalil Shikaki and Mustafa Hamarneh, Jordanian-Palestinian Relations: Where To?,
Royal Institute of International Affairs, London,
1997
[2] Antonia Dimou, “Spring of Reforms for the Hashemite
Kingdom of Jordan”, Worldpress (News and
Views from Around the World), June 12, 2011.
[4] Interview with Ruheil Gharaibe leading figure of the
Jordanian Muslim Brotherhood, Amman, November 30, 2011
[5] The Islamic Action Front, the political branch of the
Jordanian Muslim Brotherhood, calls for the formation
of an emergency government to carry out “urgent reforms” reiterating
demands for wider constitutional amendments. The
demand comes amidst ongoing negotiations between Islamists and decision-makers
over the former’s participation in the political process, widely viewed by
observers alike as key to the legitimacy of any upcoming elections. Taylor
Luck, “Jordan’s Islamists Call for a Salvation Government”, Jordan Times (Daily), Decemebr 17, 2011
[6] Interview of Ibrahim Saif with Ekaterina Kudashkina, Voice of Russia, October 19, 2011.
[7] King Abdallah said in an interview with the Washington Post that “The Arab Spring
did not start because of politics; it started because of economics – poverty
and unemployment… What keeps me at night is the economic situation because if
people are going to get back on the streets, it is because of economic
challenges, not political”, The
Washington Post, October 24, 2011
[8] “The Revolution Index: The State of Middle
East States”, February 4, 2011, CIA World Factbook, Congressional Research
Service, UN data, US Census Bureau, and Transparency.org
[9] The press freedom index that Reporters Without Borders
publishes every year measures the level of freedom of information in nearly 180 countries. It
reflects the degree of freedom that journalists, news organizations enjoy in each country, and the
efforts made by the authorities to ensure respect for this freedom. The Index is based partly on a questionnaire that is sent to
partner organizations (18 freedom of expression NGOs located in all five
continents), to a network
of 150 correspondents, and to journalists, researchers, jurists and human
rights activists.
[10] For more on the Jordan Media
City,
See: http://www.jordanmediacity.com/en/7/JMC
[11] This is provided by the amendment of Article 48 of the
Press and Publications Law of 1998. More
than 80 news websites, out of over 475, have already registered
[12] For more on Jordan’s Amendments to the Press
and Publications Law, See http://www.tamimi.com/en/publication/publications/section-3/october/jordans-amendments-to-the-press-and-publications-law.html
[13] The Director being the General Director of the
Department of Press and Publications.
[14] Khaled
Neimat, “Former Intelligence
Chief Sentenced to 13 Years in Jail”, Jordan
Times, November 11, 2012
[15] Khaled Neimat, “Court Extends Jail Term of Business
Tycoon”, Jordan Times, November 27,
2012
[16] Jordanian Media Monitor, Survey on “Soft Containment
and Its Effect on the Independence of the Media”, Al-Quds Center for Political
Studies, accessed at: http://alqudscenter.org/uploads/Soft_Containment_3.pdf
[17] Hani Hazaimeh, “MPs Call for
Amending Press Law”, Jordan Times, February 11, 2013
[18] Licensing responsibilities for television and radio
are shared between the Council of Ministers, the Audio Visual Commission (AVC),
and the Telecommunications Regulatory Commission (TRC). The Council of Ministers
is responsible for granting, revoking, and renewing licenses, but does so based
on the recommendations of the AVC.
* The article was first published at the Journal of Mediterranean and Balkan Intelligence (JMBI), Vol 1, No 1, June 2013, Copyright JMBI
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