AMMAN — Prime Minister
Bisher Al -Khasawneh sparked
controversy among lawmakers during Monday’s Lower House session, when he said
that international conventions overrule domestic laws.
اضافة اعلان
However, experts and officials responded to the controversy
by arguing that Jordan’s approach towards international conventions does not
conflict with its sovereignty and that controversy over this issue is
“exhausted”.
The convention in question during Monday’s Parliament
session was the United Nations Charter and the internal legislation it entails,
such as the terms of reference of the
Security Council. The
UN charter has been
ratified by Jordan, along with 193 other countries.
The charter came up as lawmakers discussed the 2020
anti-money laundering and terrorism financing bill, which includes a specific
penalty for violating legislation related to the implementation of UN Security
Council decisions. Several members of Parliament criticized the penalty,
accusing it of violating Jordan’s sovereignty.
Minister of State Mahmoud Al Kharabsheh told Jordan News that “Jordan is internationally known for its credibility and fulfilling its
commitments in all fields, but that does not mean, without a doubt, that Jordan
agrees to sign treaties that conflict with its constitution.”
“In my point of view, regarding the mandatory implementation
of UN Security Council resolutions, Jordan had already signed the treaties and
should fulfil its obligations, as it always does, in order to keep its
credibility,” the minister said.
However, while treaties can override laws, they do not
override the Constitution, according to at least one senator. A senator who
spoke on condition of anonymity told Jordan News that “respecting the
Constitution is a must. No treaties are to be signed and published in the
Official Gazette if they contradict with the Jordanian Constitution, which will
always top the legislative hierarchy in Jordan.”
An attorney who spoke on condition of anonymity told Jordan
News that “if international treaties are signed by Jordan, and their
articles conflict with some Jordanian laws, then the texts of these articles
contained in the treaties are the first to be applied. No text of Jordanian
laws will be enforced if they contravene what is stated in the articles of
those treaties.”
Likewise, former minister of interior Sameer Al-Habashneh
confirmed to Jordan News that “all countries should respect and fulfil
international signed agreements and treaties.”
Habashneh explained that “the Constitution draws the constitutional
procedures to enact laws and these laws should not contradict or violate any
article or more from the Jordanian Constitution.”
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