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Law of Independent Electoral Commission" Organized by AlBadeel Center for Studies and Research and Elections Network in the Arab world

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Law of Independent Electoral Commission" Organized by AlBadeel Center for   Studies and Research and Elections Network in the Arab world

Recommendations Of The Participants In  Specialized Seminar On
"Law of Independent Electoral Commission"
Organized by AlBadeel Center for   Studies and Research and Elections Network in the Arab world

 

Al-Badeel Center for Studies and Research and the Election Network in the Arab Region (ENAR), issue the recommendations that the participants adopted in  specialized seminar held in the Jordanian capital of Amman in the period between the 14-15 / January / January 2012, with the participation of specialists in the areas of elections, from : Jordan, Iraq, Palestine, Tunisia, , Egypt, and experts from Europe, and international organizations, The debate has been focused over the proposed law : (the law of the Independent Commission for the election of Jordan) and over two days through the several research papers participated  and provided by  a number of specialists and institutions of civil society, local and international. This activity concluded many of the recommendations that we hereby declare to the interested and perhaps this may contribute to the development of the draft of modern law which puts Jordan among the developed countries in the field of elections.

 

Recommendations

First, To modify the name of the law to become the "law of the Supreme Commission for Elections and Referenda," The justification for this amendment is as follows:

1 - The independence of the commission or its lack of independence  is determined by the content of the said law not by its name in pursuance of the rule which stipulates : "The real criteria  are in the purposes and meanings of words and not in their spellin

gs and structures."

2 - The text of Article (67 / 2) of the Constitution which stipulates "An independent Commission shall be established to supervise  the parliamentary electoral process ",   this text does not require that the name of the body should be followed by the word independent, but the word  " independent " came as a description of the Commission and not naming it , because if the constitutional intent of the legislature that the word  independent to be a part of the name of the commission so it could have been stipulated as follows  the :: "Independent Commission 00,000."

3 - The feature " supreme " means that no authority over it should be in the field of supervision and management of elections and in all the terms of the electoral process, but the commission is the highest authority in this field.

4 - The addition of the word "referendum" to its name is for the purpose of expanding its domain of power to include public referenda. This is Without prejudice to that the Jordanian Constitution did not include the presence of referenda in Jordan, as the original   of things is to permit unless a text restricts or prohibits otherwise , and whereas it is  not mentioned in the Jordanian Constitution to prohibit  referenda , so that makes it possible and permissible according to the aforementioned.

Second: Definitions:

To amend the definitions contained in Article (2) of the draft law to fit with the provisions of Article (1) thereof.

Third: The amendment Article (4 / a) of the project of the law  to become" The Commission supervises all general elections in the Kingdom."

Justifications  of  the amendments

1 - The democratic process is a holistic process and indivisible , because democracy  is a character or a feature and characters can not be divided, as it can not be a process of electoral democracy in general, while lagging behind  in other operations, and to achieve this harmony requires the extension of the commission on all aspects of elections.

2 – Democracy is a  process which needs to be trained to turn into behavior and practice later, and this comes   only by the exercise of democratic elections in all electoral processes.

3 - To say that the parliamentary elections of a political nature, is not accurate as the House of deputies has more   than one work to be  practiced and among of these works : political, regulatory and legislative, as well as in elections of local councils, these councils exercised several acts, including economic , developmental , and service . These business affect one way or another their electing, The matter which requires that the same Commission to supervise the said elections .

Fourth: The amendment of Article (5 / a) of the project so that to be "Ministries, Departments and Public institutions should implement and put in force what the commission ask them to do with respect to elections.   Otherwise,  who refuses to  respond to commission`s demands shall be punished and  his posses with an imprisonment as provided for in Article (182) of the Penal Code with not taking any mitigating circumstances into account .

Fifth: The amendment of Article (6) to read as follows:

1 - The commission shall have a Board of Commissioners consisting of not less than seven members elected by the House of Representatives by an absolute majority after consultations with the institutions of civil society in the Kingdom, and in all cases , the said number should  be odd, and that  no one is to be excluded  on the basis of gender, race or religion.2 - The Council shall elect from among its members a Chairman of the Board and his deputy /vice president/ for a period of one year, renewable for one time only.

3 - Membership in the Council lasts for six calendar years.

4 - If the office of the president or his deputy or of a  Council member  is vacant ; the vacancy is to be filled in the same way;
the following article should be added :

1 - Members of the Council and its staff how different are their denomination are not to be considered  public officials ; No  laws and regulations concern public officials  to be applied on them , and their services will not be counted for purposes of retirement or the place.

2 - The Council put forward instructions and regulations related to  personnel matters in the commission and what is necessary for the facilitation of their financial and administrative affairs.

Justifications for this

To ensure the independence of the commission  and keep it away of the effects of any kind.

Sixth : Article (8) is to be Amended by deleting the words : " Provided that the appointment decision  to be attested by The royal decree  "

The justification of this is that the Royal decree requires   signatures of the Prime Minister and the concerned Minister or ministers in pursuant to Article (40) of the Constitution, which makes the appointment a subject to the approval of the executive authority  that its intervention in affairs of the Commission must be withheld in any way.

Seventh: Amendment of Article (9) of the law project to read as follows:
1 – To be a Jordanian citizen for a period of not less than ten years prior to his appointment and  does not carry another nationality, and to enjoy full civil capacity.

2 - To delete paragraph (2) as there is no need for it.

3 - Not to be a member of the House of Deputie ( Lower and upper) nor an employee, or a general official at his post or have not lapsed since the termination of his service as stated less than three years.

4 - Not be convicted of disciplinary punishment,   a crime or misdemeanor involving inconsistent with honor and general ethics or morals, even reportedly rehabilitated . This does not include political crimes of any kind.

5 – The amendment of paragraph (7) to determine the authority which can grant him  good conduct certificate  , and to determine the standards of integrity because there is no disciplined standard of fairness and integrity .

6 – The amendment of paragraph (8) to identify the elements of competence and knowledge as the yare of the loose inaccurately defined concepts  .

7 - Add a new paragraph to become paragraph No. (10) from the said article so that this paragraph to be read as follows:

Should not be one of the King`s relatives or the Prime Minister or any Minister or members   and chairman of the House of Deputies up to  the seventh grade.

Eighth : To amend Article (10) of the project to be read as follows:
A – Deputy service ends by his resignation , provided that to be approved by an absolute majority of Council members.

B - With the exception of the resignation , Deputy service  shall not be terminated except by a decision issued by the Council by a majority of two thirds of its members at any of the following cases:

1 - As the project stipulates it .

2 As the project stipulates it .

3 As the project stipulates it .

4 As the project stipulates it .

5 - Health disability case , provided that to be proved by a medical report issued by a team of five specialist  doctors, selected by the two-thirds majority of Council`s members.

C - To delete paragraph (c) as there is no need for it

Ninth : Article (13 / a) to be amended and to be read as:
A – The meeting is considered legal in the presence of the absolute majority of its members. "

B – To add the following to the end of paragraph (b) "0000 and the Commissioner is otherwise considered refrairing the duties of his work and shall be liable to the penalty against an employee who refuses to do his or her duties.

Tenth : Article (19) to be amended by adding  the following to its end. "Otherwise, such legislation are considered to be  void."

Eleventh: Article (21) to be amended and to be read as:

(21 / a): The Commission shall have an independent budget approved by the Board and to be submitted to Parliament for approval and then to be sent  as approved by the House of Representatives to the Council of Ministers for inclusion in the state budget.
(21 / B) by adding the following to its end after the delete of the phrase " What relates to Parliamentary of them " : " The management of electoral processes and the Government is committed to allocate the amounts as set out in paragraph (a) of this Article.

Twelfth: Article (25) to be amended to  become the "The commission is to be a subject to the control of the House of Representatives."

Thirteenth: Article (26) to be canceled as there is  no need for it.

Fourteenth: The following articles/ provisions should be added to the articles of the law:

Offenses and crimes committed in violation of this law and the laws governing the electoral processes do not fall over time as well as sentences / convictions about them, whether for those who commit them or partners, or instigators or interveners .

A final report