A/65/44
Trafficking
(22) While welcoming the adoption, in 2009, of the Human Trafficking Prohibition Act
No. 9 which criminalizes all forms of human trafficking, the Committee expresses its
concern at reports of trafficking in women and children for sexual and other exploitative
purposes. The Committee is also concerned at the general lack of information on the extent
of trafficking in the State party, including the number of complaints, investigations,
prosecutions and convictions of perpetrators of trafficking, and on the practical measures
adopted to prevent and combat such phenomena (arts. 1, 2, 4, 12 and 16).
The State party should increase its efforts to prevent and combat trafficking of
women and children, including by implementing the current laws combating
trafficking, providing protection for victims and ensuring their access to medical,
social, rehabilitative and legal services, including counseling services, as appropriate.
The State party should also create adequate conditions for victims to exercise their
right to make complaints, should conduct prompt, impartial and effective
investigations into all allegations of trafficking and should ensure that perpetrators
are brought to justice and punished with penalties appropriate to the nature of their
crimes.
Refugees, violations of article 3 and lack of investigations
(23) The Committee regrets the absence of domestic legislation in the State party that
guarantees the rights of refugees and asylum-seeking persons. The Committee expresses its
concern at the absence of legal provisions, including in the Fugitive Offenders Act of 1927
or the Residence Alien Affairs Act No. 2 of 1973 that would explicitly prohibit the
expulsion, refoulement or extradition of a person to another State where there are
substantial grounds for believing that he or she would be in danger of being subjected to
torture. The Committee is also concerned at reports that individuals have not been afforded
the full protection provided for by article 3 of the Convention in cases of expulsion, return
or deportation. Such cases include those of Maher Arar, Mohamed Farag Bashamilah and
Salah Naser Salem Ali Darwish. The Committee is further concerned at reports that the
cooperation of Jordan with other Governments in the context of the “war on terror” has
resulted in additional human rights violations, including secret detentions and renditions of
terrorism suspects, in breach of the Convention. In this respect, the Committee regrets the
lack of information as to whether the State party is considering the establishment of an
independent investigation to follow up on such allegations (arts. 3, 12 and 13).
The State party should formulate and adopt domestic legislation guaranteeing the
rights of refugees and asylum-seeking persons. The State party should also formulate
and adopt a legal provision to implement article 3 of the Convention into its domestic
law. Under no circumstances should the State party expel, return or extradite a
person to a State where there are substantial grounds for believing that he or she
would be in danger of being subjected to torture or ill-treatment. Furthermore, the
State party should establish an independent investigation to review and follow up on
allegations of its involvement in “extraordinary renditions” and inform the
Committee of the outcome of such investigation.
Withdrawal of nationality
(24) While acknowledging that more than 200,000 Palestinian refugees have been
granted Jordanian citizenship, the Committee expresses its concern at the reported
withdrawal of nationality from more than 2,700 Jordanians of Palestinian origin.
Notwithstanding the explanation provided by the delegation and its statement that such
allegations are a gross distortion of facts and numbers, the Committee notes with concern
that such withdrawal is conducted in an arbitrary and random manner, with no clear basis in
GE.10-44721
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