Legislation: Corruption is a crime in Jordan and active corruption is penalised under article 172 of the Penal Code of 1970. Jordan has an Anti-Corruption Commission Law (in Arabic) which was enacted in December 2006. This law defines corruption not only as misuse of power and economic crime, but it also includes actions related to wasta and nepotism. A Financial Disclosure Law published in the official gazette in November 2006, stipulates that specified government officials must disclose their assets in a sealed envelope that is to be opened by the Chief Justice in case of complaint. The Jordanian Parliament also passed an Access to Information Law in April 2007, although this is somewhat restricted by the State Secret and Documents Law. Furthermore, an Anti-Money Laundering Law was passed on 6 May 2007. Access the Lexadin World Law Guide for a collection of legislation in Jordan.
Government Strategies: The Jordanian government has recently changed its policy to curb corruption to be in closer accordance with international conventions. A more centralised approach to anti-corruption is being implemented in an attempt to strengthen the institutions that deal with anti-corruption. Several new initiatives have been introduced, such as a central Anti-Corruption Commission, whistleblower protection and the Access to Information Law etc. The King and the government have declared that curbing corruption is of high priority.
Anti-Corruption Agencies: The Anti-Corruption Commission Law calls for the establishment of an Anti-Corruption Commission (ACC). The members of the ACC were appointed in March 2007. The law stipulates that the ACC must be financially and administratively independent and conduct its work free from executive interference. The ACC has issued a statement saying that it will concentrate on investigating allegations of misuse of public funds. It is supposed to issue an annual report on its work. Due to the novelty of the ACC it is difficult to say whether the practice of the ACC will match the intention of the law. Nevertheless, observers such as Global Integrity have so far assessed the commission to be rather strong and independent.
The General Intelligence Directorate (GID) also has an anti-corruption office, the Anti-Corruption Directorate, which is in charge of dealing with cases of extortion, bribery and corruption. The GID has itself been involved in numerous scandals, but there were no major corruption indictments in 2004 and 2005.
The Office of the Ombudsman: The Ombudsman institution is newly created in Jordan (end of 2008) and its activities were set to start in February 2009. It is therefore too soon to assess the Ombudsman's activities, functioning, and independence. Several other organisations carry out the functions of the national ombudsman, such as the National Center for Human Rights and the Higher Council for Media, which acts as ombudsman for media issues and the Audit Bureau (see below). The National Center for Human Rights and the Higher Media Council do enjoy political independence, but their ability to remain independent depends on the character and strength of the president of each entity.
The Auditor-General: The Audit Bureau of the Hashemite Kingdom of Jordan is the main audit institution. It was established by Law 28 of 1952. The Audit Bureau is an independent institution - both financially and administratively - within the government. It monitors government earnings and expenditures at various levels, namely the ministerial, public enterprises, local authorities, municipalities and rural councils. The agency submits a bimonthly report to the cabinet and a yearly report to the lower office of the Parliament with its finding. The Auditor General is, however, not mandated to launch investigations on its own and observers have noted that the government has not acted upon the Auditor General's findings.
E-Governance: Initiatives in the area of e-governance have contributed to rendering government services more transparent and more accessible. The US Department of State 2009 reports that the government has promised to make services, regulations and procurement procedures more accessible and transparent. Companies will find numerous government websites providing them with useful information on regulations, services offered by the government and different government bodies.
Public Procurement: Public procurement of all government departments is regulated by the General Supplies Department of the Ministry of Finance (Supply Act 32 of 1993). In law there is a requirement of competitive bidding, but information about tenders is not always disseminated to the private sector. Unsuccessful bidders may challenge the procurement decision through a court case. Bidders who violate the procurement regulations (and who are convicted by a court ruling) by engaging in corrupt practices to influence the procurement decision will be prohibited from bidding in the future. However, observers report that there are very few examples of this. Furthermore, the US Department of State 2009 reports that influence peddling and lack of transparency in government procurement exists. Jordan has a centralised tendering office where tenders are publicised.
Whistle-Blowing: The Anti-Corruption Commission Law 62/2006 only provides for indirect protection of whistleblowers by stipulating that the information and documentation the latter provide may be secret. According to the President of the Anti-Corruption Commission (ACC), whistleblowers that address the ACC need not fear repercussions. However, there are concerns whether the whistleblower protection will be upheld in practice, especially since it is commonly known in Jordan that complaining about an influential person or family often lead to recriminations. It remains to be seen if the ACC will be able to enforce whistleblower protection in practice.
General Comments on the Public Anti-Corruption Initiatives: The political will in Jordan for countering corruption is strong. Jordan is in the process of implementing the provisions set out by the UN Convention against Corruption (UNCAC) such as the establishment of an anti-corruption commission, protection of whistleblowers and freedom of information laws. All three initiatives have been formally established, but it is too recent to verify how they work in practice and how far-reaching their scope of action and impact will be.
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