OBSERVATORY OF DEMOCRATIC GOVERNANCE IN THE MEDITERRANEAN HASHEMITE KINGDOM OF JORDAN

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1 OBSERVATORY OF DEMOCRATIC GOVERNANCE IN THE MEDITERRANEAN HASHEMITE KINGDOM OF JORDAN

2 Jordan is a constitutional monarchy, with a parliamentary government system. It is based on the Constitution of The King has executive powers through the Ministers appointed by himself. The legislative power is exercised by the King and the Parliament, consisting of two houses: the Senate (whose Members and the President are appointed by the King) and the House of Representatives. The country is ruled by King Abdallah II since Since taking office, the King undertook a decentralisation policy, facing a difficult implementation. ////////////////////////////// OVERVIEW OF DECENTRALISATION A decentralisation limited to the municipal level If the King indeed supported on several occasions a more advanced decentralisation, especially with the announcement, in 2005, of the implementation of reforms aiming at putting into practice the principle of subsidiarity, the country's reality is in serious contrast with these objectives. Jordan is indeed a very centralised country. Jordan is divided into 12 governorates, which in turn is divided into districts or sub-districts, which are decentralised services of the State, headed by governors appointed by the King and under the authority of the Ministry of Interior. Municipalities (defined as communes of a minimum of 2,500 inhabitants) are the main decentralised entities, with the "joint services councils" (inter-community structures). These are headed by municipal councillors directly elected for a mandate of four years, with the exception of Amman and Aqaba. Municipalities are regulated by the Municipalities Law of 1955 and its subsequent amendments, the last being in 2007, granting them a number of capacities. However, some obstacles to these capacities need to be stated. The government can appoint a manager for municipalities whenever it deems fit to. This manager holds wide powers: - He heads the administrative staff of the municipality - He executes the decisions of the Municipal Council, under the supervision of the Council's President - He prepares the agenda of the Municipal Council work sessions and can take part in the deliberations, but does not have a voting right - He supervises budget and municipal properties - He prepares the submission of the annual budget, annual and quarterly report as well as the final account before submission to the President of the Council. - He is in charge of the collection and monitoring of municipal revenues The government also has the option of appointing two people to the Municipal Council, with the same rights as elected councillors. Since the Municipalities Law of 1955, the government took over 13 areas previously included in the municipal prerogatives, through its Ministries and decentralised services. Finally, the tendency of the government to privatise certain services in principle, which are provided by communes, is not favourable to capacity increase. 1

3 ADMINISTRATION OF MUNICIPALITIES + Possibility for the government to appoint 2 councillors + Possibility for the government to appoint 1 manager MUNICIPAL COUNCIL Deliberative body MAYOR Municipality s executive DIRECTLY ELECTED FOR 4 YEARS ELECTED BY AND AMONG MUNICIPAL COUNCILLORS CAPACITIES - Implementation of urban development plans - Granting of building permits - Construction and management of the sewage and waste management systems - Distribution of industrial activities on the territory and control of standards related to health and noise - Taking necessary actions for flood and fire prevention and management - Establishment and management of cultural and sports structures (museums, libraries, schools, cultural, sport and social clubs) - Validation of annual budget and employees report - Management of municipal properties - Possibility of establishing municipal necessary statuses to implement allocated capacities CONTROL The Ministry of Interior, as well as any authorised employee, can at all times inspect a municipality (Article 60 of the Constitution). To execute their capacities, municipalities benefit from a budget made up of taxes and fees they collect or are collected on their behalf. Municipalities benefit from financial grants allocated by the central government, varying according to their population. Also, 6% of the revenues generated by the products of petroleum earned by the Jordan Oil Refinery Company are redistributed between municipalities, taking into consideration their population, their contribution to government revenue, the specificity of their situation as well as their responsibilities. This budget is seriously restricted in comparison with the national and the governorates' budgets. Indeed, according the EuropeAid's report, Building development capacities of Jordanian Municipalities - Baladiaty, "The quest for decentralizing government in the Hashemite Kingdom of Jordan: Some preliminary findings of a situation analysis" (2010, 2.9% of the budget was allocated to municipalities in 2010, versus 34.2% to governorates and 62.9% to the national level. This limited budget is in line with their rather narrow capacities and restricted role. This is a good illustration of the state of decentralisation in Jordan, rather comparable to a de-concentration of powers. According to the same report, the issue is that the low revenues of municipalities are not commensurate with their high expenditure (even if only considering operational expenditure), and as a consequence, most of the municipalities face high levels of debt. 2

4 Specific statuses of Amman and Aqaba The Greater Amman, the capital city is governed by a specific status in terms of the Municipal Law of Under this status, the number of councillors sitting at the Municipal Council is established by the government. The government also establishes electoral jurisdictions within the Greater Amman, as well as the number of members to be elected within each jurisdiction. Half of the members of the Municipal Council are appointed by the Prime Minister, as it is the case for the Mayor. The Greater Amman is also directly under control of the Prime Minister and is considered a governorate Aqaba, on the other hand, has a very specific status. An Aqaba Special Economic Zone (ASEZ) was established in 2001 to replace the municipality and the governorate, whose administrative bodies were merged. The Aquaba Special Economic Zone in charge of this mainly economic zone (free area) is under direct supervision of the Prime Minister. Towards a stronger decentralisation? While the statements made by the king seemed to gear the country for a more advanced decentralisation, its implementation remains restricted. Between 2004 and 2005, His Majesty the King emphasised his will to implement a decentralisation established on a "bottom-up" rather than "top-bottom" dynamic, and a system based on the principle of subsidiarity: "political developments should start at the grassroots level, then move up to decision making centres, and not vice-versa". As a result, he suggested implementing three areas within which the 12 existing governorates would be divided. It never happened. However, with the entry into force of the Municipal Law of 2007, an important change was introduced that lead towards stronger decentralisation, municipal councillors being directly elected except for the Greater Amman. A bylaw is also currently under preparation to provide the municipalities with extended prerogatives and advance Jordan s decentralisation. Within these new capacities, the Municipal Affairs Minister spoke especially about the option for the municipalities to create inter-communal partnerships to promote their independence and reinforce service delivery. The governorates councillors, on the other hand, could be elected, which would represent major progress. The law should also review how the funds are allocated and distributed by the states in order to improve the fairness of the system. Decentralised cooperation in Jordan: A small number of projects Decentralised cooperation projects are relatively limited in Jordan. The French Atlas of Decentralised Cooperation identifies two such projects, based in Amman. 3

5 ////////////////////////////////////////////////////// CIVIL SOCIETY The emergence of civil society in Jordan is relatively new. Despite an increase in activity, these remain quite limited, especially since their development is hampered by State restrictions. The creation of civil society organisations is not new, however it doesn't systematically come from society itself. Rather, civil society organisations tend to be born out of a will from the central government to comply with associated international standards in order to access aid. Hence, Jordanian civil society is not really supported by the government to operate as an independent body. In this regard, a law was passed in 2009 to increase controls over the establishment of NGO s, and how they operate and are funded, thereby impeding their independence. Along with these barriers imposed by the State, civil society organisations are facing internal difficulties, mainly due to limited financial and human resources as well as a lack of support from society. The youth in Jordan: a difficult vocation integration The youth in Jordan suffer from an unemployment rate above the national average. According to a 2011 UNICEF study, the general population unemployment rate stands a 15%, while the youth's stands at 32%, and is especially high for young women. In 2005, according to the European Training Foundation, 60% of job seekers were younger than 25 years old. However, Jordan tried to revitalize the employment and training sector. Indeed, national social development plans developed between 2004 and 2015 focused on vocational training and associated institutional framework reforms. Women in Jordanian civil society: a progressive reduction of inequalities For a few years now, Jordanian women have benefited from efforts launched to promote their social insertion. Indeed, central government seems to show a willingness to reduce gender inequalities, especially in the political arena. Quotas for women have hence been introduced with the Municipal Law and its 2007 amendment: 25% of all seats are allocated to women in municipal councils. However, women still suffer from major inequalities in comparison to men, especially on a professional level. They face more difficulties when it comes to finding employment (women's unemployment rate is very high in Jordan). ///////////////////////////////////////////////////////// PROSPECTS Jordan is displaying a willingness to reinforce local governance and to increase the powers allocated to infra-state level authorities. However, despite statements of the King in favour of a stronger decentralisation, the country remains essentially centralised. The central government hence maintains a number of prerogatives relating to local life organisation, exercised through Ministries (especially the Ministry of Municipal Affairs and the Ministry of Interior) and governorates. Hence, the country is more oriented towards de-concentration than decentralisation. However, a bylaw is currently under review regarding municipalities. In line with statements made by the King in 2005, municipality capacities are to be governed by a principle of subsidiarity, which would lead to a more advanced decentralisation. Pending the enactment of such a law, the reality of the country remains largely a centralised State, exercising its powers on a local scale via a de-concentrated apparatus. While the State still largely controls the administrative management of the country, the situation is rather similar on the civil society level. The central government tends to largely control civil society organisations, which are not emerging independently. This being said, as Jordan tries to comply with international realities, despite state controls, one could think that civil society might be on the upswing. Indeed, despite a number of controls, civil society movements are emergin 4

6 ////////////////////////////////////////////////////// BIBLIOGRAPHY The Constitution of the Hashemite Kingdom of Jordan (1952) and subsequent amendments Municipal Law 2007 Aqaba Special Economic Zone Law No 32 Building development capacities of Jordanian capacities Baladiaty, The quest for decentralizing government in the Hashemite Kingdom of Jordan: Some preliminary findings of a situation analysis EuropeAid Report, 2010 Third tourism development project Secondary cities revitalization study, General analysis of the municipal sector, Annex B, Jordan Ministry of Tourism and Antiquities, 24 May 2005 Research Book for the Middle East and West Asia region countries, UCLG MEWA, December 2013 Les autorités locales et régionales dans la nouvelle gouvernance méditerranéenne, Report from the 2010 Local Administrations Forum, UCLG'S Mediterranean Commission Hashemite Kingdom of Jordan, Public administration country profile, Division for Public Administration and Development Management, Department of Economic and Social Affairs, United Nations, February 2004 UCLG Country Profile, Hashemite Kingdom of Jordan, 2008 The State of the World's Children 2011, UNICEF Report The women s quota in Jordan s Municipal Councils: International and Domestic Dimensions, Journal of Women, Politics and Policy, 2011 Policy Paper: Building grassroots Participation for decentralization, Identity Center Jordan s election law: reform or perish?, The Washington Institute, M. Yaghi, 4 October New municipalities law aimed at entrenching decentralization Jordan Times, D. Al Emam, 3 March

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