With regard to this issue, members of the Committee asked whether the
administrative
regulations
promulgated under the state of emergency were in
conformity with article
4, paragrapb 2, of the Covenant; what the maximum
period was for which the state of emergency could be declared and what
machinery there was for extending it or placing limitations
on it; and what
consideration
was being given to complying with article
4, paragraph 3, of the
Covenant relating
to the notification
by States parties of a state of
576.
emergency.
577. Members of the Committee pointed out that the announcement of the
suspension of the state of emergency was very good news and also asked what
remedies were available
to Jordanian citisens
in the courts when the state of
emergency
was in forcej
what the specific
rights were the exercise of which
had been restricted
by the state of emergency and how the enjoyment of rights
specifically
recognised by the Covenant had been affected:
and what
distinction
was made in Jordanian legislation
between the state of emergency
and martial law.
In that connection,
they pointed out that only martial
law,
which had been in force since December 1989, had been lifted
in practice,
by
decree, and that the emergency legislation
was actually
Gtill
being applied,
with the result that the Jordanian Government continued to derogate from
certain provisions
of the Covenant.
578. In reply to the questions asked, the representative
of the State part: Y
said that the state of emergency had been proclaimed in 1967 during the wa:
between Israel and the Arab countries.
In those circumstances,
the Jordan, la*
Government had had to promulgate the state of emergency
with martial law. He
recalled that martial law had been suspended (“Erosen”) since 1989 pending
promulgation of the order for its abrogation , which had subsequently been
adopted by the second Royal Decree of 7 July 1991. He explained the
difference
between martial law and the Defence Act, noting in particular
tl
the latter
had been adopted as a result of the various stages of the ordin
constitutional
procedure and that it was in no way an emergency law. The
persons who were still
in detention after the State of emergency had been
lifted
were persons who had been found guilty
of ordinary crimes.
At pres
no one was in detention because of his membership in a particular
party or
political
organisation.
With regard to notification,
he said that the
Secretary-General
and the United Nations as a whole were aware of the
situation,
as demonstrated by the adoption by the Security
Council of
resolutions
242 (1967) and 338 (1973).
.
.a
Nt&u.mhsrlmlnat ion and eaualztv
of the sex~R
579. In this connection,
members of the Committee asked for examples of anI
laws or regulations
specifically
prohibiting
discrimination
and providing
appropriate penalties}
for comments on whether special difficulties
were bf
encountered in ensuring respect for equality
between men and women; for
information
on whether any specific
remedies were available
to a woman who
claimed to have baen a victim of discrimination
and, in that connection, or
whether there had been any cases where relief
had been sought and, if so, *
what results,
and for clarifications
concerning the basis for the different
treatment under Jordanian law of men and women.
They also requested curref
data on the number of women in public office,
the liberal
professions,
Seni
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