NCHR Law

The National Centre for Human Rights

The National Centre for Human Rights Law as Amended Number (51) (For The Year 2006

Published in Page (1593) of The Official Gazette
No. (5447) on 01/03/2017

Article 1:

This law shall be called “National Centre for Human Rights Law” for the Year 2006 and shall become effective as of the date of its publication in the Official Gazette.

Article 2:

The following words and expressions, wherever they appear herein, shall have the meanings designated thereto hereunder, unless the context indicates otherwise.

Centre: National Centre for Human Rights
Board: The Centre’s Board of Trustees
Chairman: Chairman of the Board of Trustees
Secretariat: The Centre’s Secretariat
Commissioner General: The Commissioner General for Human Rights, as defined in the present Law.

Article 3:

(A) A centre, called “The National Centre for Human Rights” shall be established in the Kingdom as a legal personality enjoying financial and administrative independence. In this capacity, the Centre may exercise the full right of legal disposal, including drawing of contracts and ownership of movable and immovable properties, and resorting to the Judiciary for litigation.

(B) The Chairman shall represent the Centre before others and, upon a decision by the Board, he may delegate any Board member or the Commissioner General to act on his behalf for this purpose, or appoint a lawyer to represent the Centre in judicial and administrative procedures.

(C) The Centre shall have its headquarters in the City of Amman and may establish branches and open offices anywhere in the Kingdom.

Article 4:

The Centre aims to achieve the following:

(A) Enhance and safeguard the principles of human rights in the Kingdom and shall be inspired in doing so by the tolerant message of Islam, and the values inherent in the Arab-Islamic heritage.

(B) Promote and safeguard human rights in the Kingdom based on the rights and obligations stipulated in the Constitution and the commitments enshrined in international covenants and conventions 1 .

(C) Participate in efforts aimed at promoting human rights principles in Jordan at the intellectual and practical levels, as well as non-discrimination between citizens because of race, language, religion or gender.

(D) Enhance the democratic process in the Kingdom with a view to creating an integrated, balanced model based on spreading freedoms, guaranteeing political pluralism, respecting the rule of law and guaranteeing the right to economic, social and cultural development.

(E) Endeavor for the Kingdom’s accession to Arab and international human rights charters and conventions.

 

1 Such became this Article after its amendment pursuant to the Law amending the National Centre for Human Rights Law Number (4) for the year 2017 published in the Official Gazette on page (1593) of the Official Gazette Number (5447) on 1/3/2017, where the text of Paragraph (a) of Article Four was as follows:
“a- Enhance and safeguard the principles of human rights in the Kingdom and shall be inspired in doing so by the tolerant message of Islam, and the values inherent in the Arab-Islamic heritage, and what the Constitution stipulates in rights, and the principles emphasized in international conventions and covenants.”

Article 5:

The Centre shall employ the following means and methods in its quest to achieve its objectives:

(A) Verifying that human rights are being observed in the Kingdom when addressing any transgressions or violations thereof and following up on the adoption of the necessary measures for that purpose, including settlement of said transgressions or violations or referral to the Executive or Legislative Power or the competent legal authority in order to put an end thereto and eliminate the effects thereof 2.

(B) Endeavoring to include human rights principles, especially as stipulated in Islam, in the curricula of the different educational levels.

(C) Declaring positions and issuing statements related to human rights issues in the Kingdom.

(D) Conducting legal, political, social, educational, and intellectual studies and researches related to the Centre’s objectives.

(E) Organizing lectures, seminars, and conferences pertaining to the Centre’s objectives and participating in similar activities, provided that the provisions of the relevant valid laws are being observed.

(F) Organizing training courses, seminars educational sessions.

(G) Issuing human rights-related statements, bulletins and periodical and non-periodical publications.

(H) Participating in television and radio programs, panel discussions and interviews, as well as in the preparation of press materials.

(I) Exchanging information and experiences with similar national, Arab, and Islamic associations and organizations, as well as regional and international institutions.

(J) Making recommendations and submitting proposals necessary for safeguarding human rights in the Kingdom.

(K) Establishing a database of information related to human rights.

(L) Proposing legislation related to the Centre’s objectives.

 

2 Such became this Paragraph of Article Five after amendment in accordance with amending Law Number 4 for the year 2017, where the previous text was as follows:
“Ascertain respect for human rights in Kingdom, with a view to addressing any transgressions or violations thereof, and following up on the adoption of the necessary measures for that purpose, including settlement of said transgressions or violations or referral to the Executive or Legislative Power or the competent legal authority in order to put an end thereto and eliminate the effects thereof.”

Article 6:

(A) The Centre shall enjoy complete independence in undertaking its human rights-related intellectual, political and humanitarian activities and functions. Furthermore, the Board or any of its members or the Commissioner General shall not be held accountable for the measures taken within the Centre’s competences specified herein 3.

(B) The Centre’s headquarters and its branches in the Kingdom may be searched only with a judicial writ and in the presence of the competent public prosecutor, provided the Center is notified of any such searches and a representative of the Centre is invited to attend the search. Any action in conflict therewith shall be invalid.

 

3 Such has become this Paragraph of Article Six after amendment pursuant to amending Law Number 4 for the year 2017. The previous text was as follows:
“a- The Centre shall enjoy complete independence in undertaking its human rights-related intellectual, political and humanitarian activities and functions. Furthermore, the Board or any of its members shall not be held accountable for the measures taken within the Centre’s competences specified in this Law.”

Article 7:

The Centre shall monitor transgressions of human rights and public freedoms in the Kingdom and shall strive to halt any such transgressions, and the Centre may follow up on the persons subject of those transgressions pursuant to the valid laws 4.

 

4 Such became Article Seven after its amendment pursuant to the Amending Law Number 4 for the Year 2007, where the Law originally stipulated the following:
“The Centre shall monitor transgressions of human rights and public freedoms in the Kingdom and shall strive to halt any such transgressions, and the Centre may follow up on the persons subject of those transgressions pursuant to the valid laws.”

Article 8:

The Centre may request any information, data, or statistics it sees necessary for the realization of its objectives from the concerned parties, which shall respond without delay to such requests.

Article 9:

If the violation of human rights is perpetrated by a public employee, the Centre may notify the official party to which the said employee is attached and request adoption of the suitable legal measures against him.

Article 10:

The Centre has the right to:

(A) Visit reform and rehabilitation centers, detention centers and juvenile care homes and shall do so according to proper rules.

(B) Visit any public place or any legal personality, which has been reported to be the venue of past or present transgressions of human rights, or to ascertain such and recommend following the necessary procedures 5.

 

5 Such became this Article after its amendment pursuant to the Amending Number 4 for the Year 2017; where the text of Paragraph (b) was as follows:
“b- Visit any public place or any legal personality, which has been reported to be the venue of past or present transgressions of human rights.”

Article 11:

The Centre shall put itself under obligation to the following:

(A) Maintain the confidentiality of the sources of all the information, data and documents it receives and do so at the request of the provider thereof or in cases that call for such confidentiality.

(B) Abstain from using the data and information it obtains in ways other than realizing its objectives.

(C) Disregard any anonymous complaint that does not include the name, signature and address of the sender or one that involves abuse of the right to lodge complaints.

Article 12:
The Centre shall compile an annual report on the situation of human rights and public freedoms in the Kingdom and shall submit said report to the House of Notables, the House of Deputies and the Council of Ministers.
Article 13: 6

(A) The Centre shall be supervised and managed by a Board of Trustees of no more than 21 members, whose Chairman and members are appointed by Royal Decree at the recommendation of the Prime Minister for a renewable term of four years.

(B) The Board shall elect from among its members a Deputy Chairman who deputizes for the Chairman during his absence.

(C) The Board shall serve for a term of four years.

(D) Membership of the Board shall end in any of the following cases:

  1. Death.
  2. Resignation.
  3. A categorical court decision convicting the member of a felony or misdemeanor in violation of honor.
  4. Loss of civil capacity.
  5. Physical incapacitation preventing the member from performing his work tasks by virtue of the decision of the competent medical committee.
  6. Absence from the sessions of the Board for three consecutive times without an excuse acceptable to the Board.
  7. Expiry of the term of the Board.

(E) It is necessary for a person appointed as Chairman or member of the Board to:

  1. Follow up on the concerns and aspirations of society as well as the issues of the citizens.
  2. To be well versed in the principles of human rights and fundamental freedoms guaranteed by the Constitution and international charters and conventions related to human rights.

(F) Due regard shall be given upon appointing the members of the Board to broad representation of the segments of society and the quarters concerned with human rights, including the representation of woman and the relevant civil society organizations.

 

6 The text of Article (13) of the previous law was abrogated and replaced with the text herein above. The previous text of the original law was as follows:
“a- The Center shall be supervised and managed by a Board of Trustees of no more than 21 members, whose Chairman and members are appointed by Royal Decree at the recommendation of the Prime Minister, and it is possible by the same method to terminate the membership of any one of them and appoint a replacement for the remaining term of membership.

Article 14:

The Board shall undertake the following tasks:

(A) Draw and monitor the implementation of the Centre’s general policy.

(B) Examine and adopt the Centre’s annual plan of action.

(C) Approve the ways and means for developing the Centre and activating and evaluating its activities.

(D) Examine and adopt the annual report on human rights in the Kingdom.

(E) Strive for the development of the Centre’s sources of income.

(F) Discuss and adopt decisions on issues and matters referred to the Centre by the Commissioner General, and adopt the necessary decisions.

(G) Document the Centre’s relations with similar institutions and centers.

(H) Adopt the Centre’s draft general budget and financial statements and appoint an auditor for the Centre.

(I) Issue instructions necessary for managing the Centre, as well as its branches and committees, including regulations pertaining to administrative and financial affairs that do not contradict with the provisions of the law.

(J) Supervise the Centre’s different activities and functions in the area of human rights.

Article 15:

(A) The Board meets once a month at the invitation of the Chairman or, in his absence, of his Deputy. The meeting shall have quorum in the presence of at least two thirds of the Board members, provided the Chairman or his deputy is present. The Board adopts its decisions by the votes of at least two thirds of those present.

(B) The Board of Trustees may delegate any of its competences to the Chairman or any of the Board’s committees or members.

(C) At the recommendation of the Chairman, the Board shall appoint a Secretary, who shall organize the Board’s meetings, record its decisions and file its documents and other legal papers.

(D) The Board shall select from among its members a Treasurer, who shall supervise financial records and accounts, organize payment and receipt vouchers, and sign payment vouchers together with the Chairman or the Commissioner General 7.

 

7 This Article was amended pursuant to the Law amending the National Centre for Human Rights Law Number (4) for the Year 2007, such by adding the phrase (non-recurrent capital expenditures) after the phrase (on the payment vouchers) stated therein.

Article 16:

(A) The Commissioner General shall be appointed by decision of the Council of Ministers at the recommendation of the Board for a three-year renewable term, provided the appointment is coupled with a Royal Decree. The services of the Commissioner General shall be terminated by the same procedure.

(B) The Commissioner General shall be responsible before the Board for the performance of his tasks and shall be assisted by a number of full-time commissioners appointed by the Board at the recommendation of the Chairman. The Commissioner General may delegate some of his authorities to any of the commissioners, should the circumstances require it.

Article 17:

The Commissioner General shall undertake all the tasks stipulated herein, especially the following:

(A) Applying the Center’s general policy and following up on the Board’s decisions.

(B) Monitoring transgressions and violations of human rights and public freedoms in the Kingdom, receiving complaints, and making the necessary follow-up arrangements thereon.

(C) Using the different ways and means to end cases of transgression of human rights and public freedoms in the Kingdom.

(D) Following up on complaints and cases of human rights violations until such complaints are settled, as well as notifying the complainant or the concerned person of the complaint’s outcome, and documenting and incorporating complaints in the Centre’s annual report.

(E) Exploiting the different communication media to acquaint citizens with their rights, guaranteed by the Constitution and valid laws, as well as by international charters and covenants, and help them in taking the measures that will safeguard these rights against infringement, including familiarizing the complainant or concerned person with the ways and means of appeal and legal review.

(F) Defraying expenses arising from adopting measures pertaining to ending violation of the complainant’s rights in case the complainant has been proven to be poor and the necessary funds therefor are available in the Centre’s budget.

(G) Any authorities, which the Board may delegate to him in accordance with the present Law or regulations issued by virtue thereof.

Article 18:

(A) The Secretariat is the Center’s executive body and is headed by the Commissioner General, who shall manage and supervise the Centre.

(B) The Secretariat’s employees are appointed and their salaries and all their rights are determined by a Board decision at the recommendation of the Commissioner General in accordance with the Centre’s valid regulations.

Article 19:

The Secretariat shall exercise the following authorities:

(A) Strive to achieve the Centre’s objectives by the means stipulated in the present Law and may form specialized committees to undertake specific tasks in order to achieve said objectives.

(B) Supervise the Centre’s different activities and functions in the area of human rights.

(C) Prepare the Centre’s annual plan of action.

(D) Supervise the Centre’s organizational, administrative and financial affairs, including personnel affairs.

(E) Manage and invest the Centre’s funds and movable and immovable assets in accordance with the bases approved by the Board of Trustees.

(F) Prepare the annual report, the Centre’s financial and administrative reports, and any other reports pertaining to the Centre’s work and objectives.

(G) Prepare the draft general budget, as well as the final accounts.

Article 20:

The Centre’s financial resources shall consist of the following:

(A) Financial support provided by the Government enabling the Centre to perform its mission and responsibilities 8.

(B) Proceeds of the financial and cultural activities and projects undertaken by the Center.

(C) Donations, grants and any other resources approved by the Board in accordance with the provisions of the Law, provided the Council of Ministers approves such resources if their origin is foreign.

(D) Wills and Waqf endowments.

 

8 This Paragraph of Article (2) of the original Law was amended by the phrase (thereby enabling the Centre to exercise its duties) until the end.

Article 21:

Notwithstanding the provisions of any other legislation, the Centre, as well as its funds, transactions and non-investment revenues, shall be exempt of all taxes and fees of whatever type.

Article 22:

The Board of Trustees shall issue the regulations necessary for the implementation of the present Law.

Article 23:

The Prime Minister, as well as members of the Cabinet, shall be charged with the implementation of the provisions of the present Law.