Immunity From Prosecution

Immunity for Legislators Who Criticize, Question and Investigate the Head of State Act

Problem(s):

Historically, Jordan has lived under the thumb of the Hashemite dictatorship for almost 100 years. During this hard time, the autocratic Royal Family has controlled the Jordanian parliament and senate members with an iron fist – so much so that many have been arrested or jailed for daring to ask legitimate legislative questions. To support this understanding, one has to know that under the Jordanian Constitution, the king is literally placed “above the law”, thus exempting him from any questioning, accountability or prosecution for abuse of power. Abuses of power vary and range from A to Z, including Arson, Bribery, Detainment and Murder.

EXAMPLE: Recent

Right after the 2020 elections, The Regime arrested 31 elected Parliament Members for what appears to be no apparent reason. To make matters worse, the arrests were made without regular legal proceedings and clearly violated enumerated rights.  Historically, members of the Parliament have been jailed for fulfilling their duties, duties which include holding the Jordanian government accountable for their actions – with a focus on budgetary matters. An individual example of this occurred when secular member of the parliament – Toujan Faisal – was jailed without charges in 2000 for simply asking about the state budget – both income and expenses. In question were the appropriations used by the Royal Family that stretched into “billions of dollars”. This lack of transparency allowed them to live a luxurious life while their own people starve and prevented anyone from questioning the King.

Proposed Solution:

  • Pass legislation that grants comprehensive and unconditional immunity to Jordan’s legislators;
  • Provide this immunity to issues impacting or surrounding their official duties; 
  • Amend Jorden’s Constitution to hold the “Head of State” (HOS) accountable and committed to responsibility by law;
  • Specifically state that legislators have the right to question the Head of State and his family about their wealth, sources of income and property;
  • Clear all criminal and legal records for all jailed legislators who were arrested for “criticizing the Head of State”;

SPECIFIC(S):

To accomplish this change in policy, two things can happen. First, Jordan can adopt a new constitution, but that can take years. Second, the Parliament can pass legislation that changes the law. 

Because of the need, the 2nd avenue is a short term project, while the first avenue is a long term project. The Jordanian Opposition Coalition (JOC) believes that both options are on the table.

The main concept behind the legislation is to allow the leader of the country – and those who work with them – to be held accountable and legible for questioning by the Parliament. To do this, we suggest the legislation contain the following concepts:

  • The legislators must have the right to summon government ministers, the government Secretary and Cabinet Members, to the parliament for questioning and answering inquires;
  • Members of Parliament must be able to subpoena financial records, including those of the HOS, including but not limited to bank, financial and tax statements for the HOS and his immediate and extended family members; 
  • Use the taxpayer funds that are saved from graft and embezzlement for public works projects that will enhance the life of Jordanian citizens; 
  • All Members of Parliament to direct criticism and questions to the HOS without fear of retribution; 
  • Allow the Legislature to question the HOS’s operational budget, including office operations and related business expenses; 
  • Provide Members of Parliament with ways to question the HOS’s absence from the country for periods longer than 2 weeks; 

Possible Support:

  • Public activists, with a focus on the “Herak” or “the movement” which is the common name for Jordanian activists who have led the anti-regime/pro-democracy protests in Jordan since the breakout of the Arab Spring;
  • Businesses, especially small ones, seeking lower tax rates and more governmental services who are currently burdened by extreme taxation under a system that provides them with little to no representation or accountability;
  • Members of Parliament and their families who have been arrested, jailed or harmed because of the HOS’s actions;
  • Students and Voters who are disenfranchised and clearly feel they mean little to nothing to the king (note: even though the HOS paid people to go to the polls, less than 30% of the voting public, actually voted;
  • Consumers who will see an economic expansion, as well as the creation of public works projects that are designed to benefit them, and not the royal family;
  • Educators who will be able to unionize and speak out about the actions of the king and parliament, instead of being arrested and disbanded;
  • Regional players who will see the enactment of policy changes that will benefit the region through trade and job creation.

Possible Opposition:

  • The king himself and the royal court which has access to billions of dollars with no accountability or transparency.

Arguments In Support: This measure will

  • Secure democracy while creating a positive, functioning parliament;
  • This legislation will save money because the tools to achieve the legislation’s goals are already part of Parliamentary powers, they are just frowned upon by the Throne and thus dangerous to exercise;
  • Will provide more money for public works projects because this measure will not just enhance personal rights, but will enhance economic rights by cutting costs, reducing theft, making it harder for people to embezzle and stopping the HOS from using the country’s budget as his own personal bank;
  • By enacting this measure, it will not only stimulate and enhance personal freedoms, but it will positively stimulate jobs and the economy;
  • This measure will singlehandedly bring Jordan in line with today’s modern democracies.
  • Three major areas will benefit from enactment of this measure – Education, small businesses and infrastructure projects.

 Arguments In Opposition:

  • This bill would cut the corrupt king’s powers and he and his small group of loyalists would oppose it vigorously, which will help us sell the merits of the bill to the world;
  • Implementing this legislation may be difficult;
  • Because of constitutional issues, the public may need to vote on this, delaying its implementation;

PUBLICITY:

  • This legislation will receive wide-spread publicity from the following sources:
    • Local, State and National Jordanian News Media
    • Regional News Media
    • International News Media

HISTORY:

  • No such proposal has ever been introduced in the Jordanian parliament for fear of arrest, imprisonment, torture and possible death.

FISCAL EFFECT:

  • Overall, this legislation will save Jordanians money. By questioning expenses and protecting those who are elected to ask questions, we will be able to create budgets that meet the needs of the public;
  • By opening up the ‘books’ and allowing for investigations, Jordanians will be able to negotiate with international bodies for fair rates, as well as the ability to renegotiate current liabilities;
  • Less governmental expenses, means less taxes and a smaller government, and smaller governments stimulate their economy;

Section Affected: As Per Legislative Council

Language Attached: Specific Language: No. Structural Language: Yes. This act should be designed using the following concepts:

  • Section 1: The name of this Act shall be The Immunity for Legislators Who Criticize, Question and Investigate the Head of State Act.
  • Section 2: The intent of this act is three fold. First, it is to pass comprehensive protections and powers by providing unconditional immunity to Jordan’s legislators who ask questions and do their job(s). Second, to enhance the rights of Jordanian citizens. Third, to ensure that public funds are not stolen;
  • Section 3: All members of Parliament shall be provided immunity to questioning, researching or identifying any and all issues impacting or surrounding their official duties; 
  • Section 4: This section shall Amend Jorden’s Constitution to hold the “Head of State” (HOS) accountable and committed to responsibility by law;
  • Section 5: It is clearly understood that the duties of Members of Parliament and state legislatures is to provide transparency, and that transparency including questioning the Head of State and his family about their wealth, sources of income and property;
  • Section 6: All criminal records of any and all Members of Parliament who were arrested or jailed for “criticizing the Head of State” shall be expunged;
  • Section 7: Members of Parliament, through their Committees, have the right to subpoena and/or summon government ministers, including Secretary and Cabinet Members, to the parliament for questioning and answering inquires;
  • Section 8: Members of Parliament also have subpoena power to obtain financial records, including those of the HOS, including but not limited to bank, financial and tax statements for the HOS and his immediate and extended family members;
  • Section 9: Any and all funds found or saved by this act shall be used to fund public work’s projects;
  • Section 10: Questions asked can range from examining financial records and office and business operations, but to questioning the HOS’s absence from the country for periods longer than 2 weeks; 
  • Section 11: Jordanian courts have the right to hear any and all cases that derive from this enactment.
  • Section 12: The penalty for non-compliance with this act by the Head of State and related governmental officials is $500 a day fine and 1 week in jail for each daily violation