Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, although there were some restrictions.
The United Nations reported that the government generally cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons (IDPs), refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.
In-country Movement: The government placed some restrictions on the free internal movement of registered Syrian refugees and asylum seekers. The country’s land border with Syria has been closed to new refugee arrivals since June 2016. During the June southwest offensive in Syria, the government maintained a closed border policy, preventing new asylum seekers from entering the country. Some of these newly displaced persons, however, received emergency humanitarian assistance from inside the Free Trade Zone between Jordan and Syria. There was no legal framework for refugees residing in the Jordanian refugee camps to leave permanently to settle in host communities for family reunification; long-term medical treatment was unavailable in the camps.
The government registered and facilitated access to civil documentation for Syrian refugees. The Urban Verification Exercise for refugees has steadily expanded, and the government increased access to birth and marriage certificates by simplifying and reducing the costs. While on several occasions, the government allowed the regularization of certain refugees who left the camps to settle in host communities, there was generally no option for camp residents to move permanently into rural and urban areas and only limited options to move in and out of camps.
Conversely, reports of forced relocations to Azraq camp, including many to Azraq’s restricted Village 5 (V5), increased as an alternative to deportation, for offenses by Syrian refugees that encompassed “irregular status” (for example, no updated registration, working without a work permit); criminal activities; and potential security risks, without the latter being clearly defined. As of June, Azraq camp hosted over 36,000 individuals, including over 9,000 adults and children, in the fenced-off area V5. Residents of V5 had access to basic humanitarian assistance inside the village but access to the broader camp facilities, including the camp hospital, required a security escort. The screening process allowing V5 residents to relocate to the larger camp was irregular and very slow. Reportedly, since entering Jordan from Syria, two thirds of the residents have remained in V5 for more than two years. It remained unclear whether individuals in Azraq V5 will be permitted to move to less restrictive, unfenced areas in the camp or to host communities.
Authorities required all residents of King Abdullah Park refugee camp, to obtain a leave permit, which was not systematically granted, to visit their relatives in Jordan or for other purposes. Authorities made some exceptions for the sick and elderly to allow twice-monthly visits. Palestinian Refugees from Syria (PRS) accounted for 354 of the 509 refugees in the camp as of June, including “PRS Families” (families including at least one family member, which subjected them to specific treatment and limitation related to PRS).
Foreign Travel: Activists alleged authorities imposed travel bans against citizens.
PROTECTION OF REFUGEES
Refoulement: There were few reports of the government forcibly returning Syrian refugees and PRS, including women, children, war-injured persons, and persons with disabilities, to Syria. International organizations continued to report that the government forcibly returned to Syria some refugees residing in the country’s host communities and camps for alleged security concerns and relocated others to various locations including Azraq camp V5. Some relocated individuals were held pending security vetting to ensure they did not pose a security risk. There was no established time period for security vetting.
Some reasons for returns and relocations were allegations of communicating with and sending money to relatives who are in ISIS-controlled territories in Syria and other activities that could create security concerns.
From October 2017 through July 2018, the UN Relief Works Agency (UNRWA) was aware of three cases of refoulement of 15 PRS. The vulnerability of PRS to deportation increased their risk of other abuses. For those who entered the country irregularly (for example, without required documentation, or using Syrian identity documents), refoulement was a constant risk, and access to basic civil services–including renewal of identity documents, the registration of marriages, deaths, and births–was highly complex. UNRWA reported that such activities could result in forced return to Syria, as well as detention and denaturalization. These vulnerabilities put refugees at additional risk of abuse by third parties such as employers and landlords.
Access to Asylum: The country’s laws do not provide for the granting of asylum or refugee status, and the government lacked a formal system of protecting refugees. A 1998 memorandum of understanding between the government and UNHCR, renewed in 2014, contains the definition of a refugee, confirms adherence to the principle of nonrefoulement, and allows recognized refugees a maximum stay of one year, during which period UNHCR must find them a durable solution. The time limit is renewable, and the government generally did not force refugees to return to their country of origin. As of 2014, authorities required all Syrians in the country to register with the Ministry of Interior and obtain a ministry-issued identification card.
The government declared it would not accept additional Syrian refugees after a 2016 suicide attack along the northeast border with Syria, declaring the surrounding area a “closed military zone.” The government restricted humanitarian access to the area. International organizations reported that between 45,000 and 50,000 internally displaced Syrians remained at the northeast desert Jordan-Syria border throughout the year. The government’s 2013 announcement that it would not allow entry of PRS remained in effect.
Employment: In 2016, the government announced it would allow Syrian refugees access to the formal labor market and committed to providing 200,000 job opportunities for Syrians in the coming years. The Ministry of Labor issued more than 120,000 work permits to Syrians. More than 36,000 Syrian refugees received new or renewed work permits in 2018. The government took several steps to expand and facilitate the issuance of work permits, including waiving fees. The government also revised work permit practices to allow Syrian workers in the agricultural and construction sectors to switch employers under the supervision of agricultural cooperatives and a trade union, rather than requiring new work permits for each job transfer.
There continued to be delays in implementing procedures at Ministry of Labor offices in governorates outside Amman. There remained uncertainty among the refugee population and employers regarding how to apply for the work permits. Tens of thousands of Syrian refugees continued to work in the informal economy. A government-commissioned study on migrant workers, published in 2016, estimated that 26 percent of Syrian refugees were economically active in the labor market. Very few non-Syrian refugees had access to the formal labor market, and, due to the difficulties and expenses involved in seeking work authorization, many worked in the unofficial labor market.
The United Nations reported that in general Syrian refugees working informally were no longer deported or sent to the refugee camps when caught working without authorization. During the year, the Ministries of Interior and Labor, in coordination with the United Nations, permitted refugees living in the camps to apply for work permits. The agreement allows camp-based refugees to use their work permits as a 30-day leave pass to work outside the camp. Camp-based refugees receiving work permits must report to the camp at least one day per month.
Some longstanding Palestinian refugees with Jordanian citizenship were integrated into the workforce. Almost 160,000 Palestinian refugees originally from Gaza, however, were not eligible for Jordanian citizenship, and authorities restricted their access to public services and employment. Additionally, according to UNRWA, authorities did not allow PRS to work, and a significant percentage remained without Jordanian documents.
Access to Basic Services: The government allowed Syrian and other UNHCR-registered refugees to access public health and education facilities. From 2014 until March, authorities charged Syrian refugees for health care at the same rates as uninsured Jordanians, who pay a nominal fee for most basic health services. Iraqi and other refugees must pay the foreigner’s rate for health care. As of March authorities required Syrian refugees to pay 80 percent of the foreign resident rate for all medical costs.
The government continued to provide free primary and secondary education to Syrian refugee children and to permit all school-age Syrian refugees access to education. As of the end of the academic year 2017-18, authorities had not fully completed this objective, and an estimated 73,000 Syrians were still without formal or informal education. There were reports that some Syrian refugee children may not enroll in school if they do not have Ministry of Interior cards. Non-Syrian refugees must pay to attend government schools. Public schools, particularly in the north of the country, were overcrowded and operated on a double-shift schedule to accommodate Syrian students. The government increased the number of double-shift schools in an action designed to allow an additional 50,000 Syrian refugee students to obtain formal education as well as 126,000 refugee students enrolled in 2016-17.
For those not eligible to access formal education because they have been out of school for three or more years, the Ministry of Education developed a catch-up program that reached over 4,000 students between the ages of nine and 12 since 2016 and enrolled them at catch-up centers across the country in 2017-18. Children 13 years old and above, who were not eligible to enroll in formal education, could also participate in nonformal education drop-out programs implemented by NGO partners, in close coordination with the Ministry of Education.
Some Syrian children continued to face barriers to attending public schools, including lack of transportation, long distances to schools, bullying by fellow students and teachers, or child labor.
Palestinian refugees from Gaza who entered the country following the 1967 war were not entitled to services, including access to public assistance and higher education. Earlier refugees from Gaza, who came to Jordan between June 1946 and May 1948, were eligible to receive UNRWA services.
Temporary Protection: The government provided temporary protection to individuals who may not qualify as refugees. The government tolerated the prolonged stay of many Iraqis and other refugees beyond the expiration of the visit permits under which they had entered the country.
Only fathers can transmit citizenship. Women do not have the legal right to transmit citizenship to their children. Children of female citizens married to noncitizens receive the nationality of the father and rely on a special identification card to enroll in school, access services, and obtain a driver’s license. Since 2016, the Ministry of Education has formally allowed all children, regardless of nationality or status, to enroll in formal education, although in practice lacking proper paperwork did sometimes lead to delays or issues enrolling children in school. In guidelines announced by the government in 2014, if children of Jordanian mothers and noncitizen fathers apply and meet certain criteria, they may gain access to certain services enjoyed by citizens, including subsidized health care; the ability to own property, invest, and obtain a Jordanian driver’s license; and have employment priority over other foreigners. This ruling affects tens of thousands of families, including hundreds of thousands of children, in which the father lacked Jordanian citizenship. An estimated 55,000 of these fathers were Palestinians. To access these services, children must obtain a special identification card through the Civil Status Bureau. Under the 2014 law, applicants must prove the maternal relationship, that the Jordanian mother has been resident in the country for five years, and that the children currently reside in the country. In 2016, the Civil Status Bureau began issuing identification cards to replace the initial certificates. In September, the cabinet removed the five-year residency requirement for Jordanian mothers. By law, the cabinet may approve citizenship for children of Jordanian mothers and foreign fathers under certain conditions, but this mechanism was not widely known, and approval rarely occurred.
Women may not petition for citizenship for noncitizen husbands, who may apply for citizenship only after fulfilling a requirement that they maintain continuous Jordanian residency for 15 years. Once a husband has obtained citizenship, he may apply to transmit citizenship to his children. Such an application could take years, and the government can deny the application.
Syrian refugees were sometimes unable to obtain birth certificates for children born in the country if they could not present an official marriage certificate or other nationality documents, which were sometimes lost or destroyed when they fled, or confiscated by government authorities when the refugees entered the country. A large number of Syrian marriages reportedly took place in Jordan without registration. The government opened a legal process for such cases to adjust and obtain registration documents. Refugee households headed by women faced difficulty in certifying nationality of offspring in absence of the father, which increased the risk of statelessness among this population. Civil registry departments and sharia courts in the Za’atri and Azraq camps helped refugees register births.