US embassy cable - 03AMMAN1357

UNCLAS SECTION 01 OF 02 AMMAN 001357 
 
SIPDIS 
 
SENSITIVE 
 
PLEASE PASS FOR G/TIP, INL, DRL, NEA/RA, AND NEA/ARN 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, ELAB, SMIG, ASEC, KFRD, PREF, JO 
SUBJECT: ANNUAL ANTI-TRAFFICKING IN PERSONS REPORT: JORDAN 
 
REF: SECSTATE 22225 
 
1.  Per reftel, Post's information for the 2002 
anti-trafficking in persons report is contained in paras 
below.  Responses are keyed to reftel questions.  Until 
6/1/2003, embassy poc on trafficking issues is PolOff Gregory 
D. LoGerfo.  Subsequent to 6/1/2003 poc will be PolOff James 
Fellows. 
 
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OVERVIEW 
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2. In response to para 16a (reftel): Jordan does not meet the 
definitions contained in the act for a country of "origin, 
transit or destination for a significant number of victims of 
severe forms of trafficking."  According to government, local 
human rights, and international NGO contacts (including the 
Minister of Labor, the International Labor Organization's 
regional director, a representative of the Women's Forum for 
Human Rights, the European Commission human rights officer in 
Jordan; the former president of the Jordan Society for 
Citizens' Rights; the human rights consultant for the prime 
ministry and a supervisory prosecutor general with the 
Ministry of Justice) there are no known operations, 
practices, or customs in Jordan - or which are conducted from 
or through Jordan - which conform to the definitions 
contained in section 103 (8) of the act.  Based upon 
familiarity with local human rights conditions and the 
previous accuracy of the sources employed, post believes the 
sources are both adequate and reliable in addressing this 
question. 
 
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PREVENTION 
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3.  As Jordan is not a country of origin, transit or 
destination for a significant number of victims of severe 
forms of trafficking: 
 
- In response to para 17b (reftel): The GOJ has never 
formally assigned specific anti-trafficking responsibilities 
to any agency or agencies.  However, as part of Jordan's 
overall border security program (which has intensified during 
the year due to various unrelated security concerns), 
security forces, customs officers, and immigration 
authorities closely monitor the flow of people and goods into 
and out of the country. 
 
- In response to para 17c (reftel): There were no 
anti-trafficking information campaigns. 
 
- In response to para 17d (reftel): The government has 
continued a number of programs that indirectly discourage 
trafficking by keeping children in schools through grants, 
subsidies, and awareness; by educating local and foreign 
workers about their rights under Jordanian labor laws and by 
promoting women's and family rights.  Additionally, Jordan's 
socially conservative family culture actively discourages 
women (married or unmarried) from leaving their families in 
search of work in another country. 
 
- In response to para 17e (reftel): As trafficking is a not 
an issue in Jordan, programmatic efforts have been focused 
elsewhere.  However, in the unlikely event that trafficking 
became an issue of national urgency, past government actions 
indicate that Jordan would be able to successfully solicit 
and allocate resources to provide prevention programs. 
 
- In response to para 17f (reftel): There are no 
trafficking-specific programs or relationships between the 
government, NGOs or other elements of civil society. 
However, international agencies such as UNHCR and ICRC report 
the government remains very cooperative in their work efforts. 
 
- In response to para 17g (reftel) The government has strict 
controls on its Iraqi and Syrian borders and has effective 
joint patrols of its western border with Israel and the 
occupied territories.  Jordan's southern border is as well 
effectively controlled.  With the on-going 
Israeli-Palestinian conflict and overall concerns for 
regional stability, Jordan intensified its already tight 
border security regime during the year. 
 
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Investigation and prosecution of traffickers 
-------------------------------------------- 
 
4.  In response to para 18a/b (reftel): As Jordan is not, and 
has never historically been, a country of origin, transit or 
destination for a significant number of trafficking victims, 
the government has never had reason to pass a law 
specifically prohibiting trafficking in persons.  However, 
traffickers can be prosecuted through the penal code of 1953, 
which prohibits all forms of slavery.  Additionally, 
according to penal law no. 16 of 1960 (specific provisions 
are outlined below),  prostitution and child prostitution are 
both criminal offenses in Jordan.  Articles no. 305-306 and 
310-318 detail penalties.  Article 305 states that whoever 
banters, jokes, or plays around in an immoral or sexually 
suggestive manner with a child under 15 or a female child 
over 15 without her consent, will be punished with up to one 
year in prison.  Article 306 states that the proposition of 
immoral action or even words of immoral content to a boy or 
girl under 15 years of age is punishable by up to six months 
in prison or a 25 Jordanian Dinar (JD) fine (35 USD). 
Article 310 states that whoever has led or has attempted to 
lead a female under 20 years of age into prostitution will be 
punished by no less than one month and no more than three 
years imprisonment and a 5-50 JD fine (71 USD). The same 
punishment applies for anyone who has led or has attempted to 
lead a boy under 15 to perform homosexual acts.  Article 311 
states that anyone who threatens or intimidates a female to 
perform illegal intercourse inside or outside the Kingdom 
will be sentenced to one to three years in prison.  Article 
314 states that any guardian of a child between six and 
sixteen years of age who allows his/her child to live in a 
house of prostitution is punishable by up to six months in 
jail or up to a 20 JD fine (28 USD).  The rest of the 
articles detail different prison sentences that range from 
two months to three years depending on the type of 
prostitution-related activity. 
 
- In response to para 18c (reftel): According to Article 292 
of the penal code, the penalty for rape of a female victim 
under the age of 15 is death, and no less than 7 years 
imprisonment for rape of male victims.  For female victims 
between the ages of 15-18, the penalty is between 5-15 years 
with hard labor (article 294), or 10-15 years with hard labor 
if the perpetrator is a family member or member of the 
religious clergy (article 295).  Any person who has sexual 
intercourse with a female with a physical or mental 
disability will be jailed for not less than ten years with 
hard labor (article 293).  Article 296 makes it punishable by 
jail for anyone to disgrace the honor of men, women or 
children (through unwanted sexual acts without penetration) 
with varying terms of imprisonment depending on the age and 
gender of the victim. 
 
-  In response to para 18L (reftel):  In April 2000, Jordan 
signed ILO Convention 182 concerning the prohibition and 
immediate action for the elimination of the worst forms of 
child labor.  Jordan ratified the "rights of the child" 
convention in 1991, however it has not yet signed the 
supplemental "sale of children protocol".  In 1976, Jordan 
ratified the convention prohibiting the sale of persons into 
slavery.  As trafficking is not a problem in Jordan, the GOJ 
has not signed or ratified the protocol to "prevent, suppress 
and punish trafficking in persons". 
 
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Protection and assistance to victims 
------------------------------------ 
 
5.  As Jordan is not a country of origin, transit or 
destination of significant numbers of victims of trafficking: 
 
In response to para 19b (reftel): The government has not 
found it necessary to allocate budgetary resources for 
programs which provide funding to foreign or domestic NGOs 
for services to victims of trafficking.  The GOJ is in the 
process of establishing a law which will provide relief for 
women who have been physically abused (in any circumstance). 
The details of this law are forthcoming and will be reported 
septel. 
 
In response to para 19f (reftel): The government has not 
designed training programs for officials in how to provide 
assistance to trafficked victims.  There are no 
trafficking-specific training programs or instructions for 
Jordanian diplomats serving in countries that are trafficking 
destinations or transit routes; however, prior to their 
service abroad, all diplomats are required to attend a human 
rights course. 
GNEHM