In 1998, Al-Hassan Industrial City became Jordan’s first Qualified Industrial Zone, relying heavily on migrant workers, particularly from Bangladesh. Between 2010 and 2012, these zones witnessed strikes protesting abusive labor practices and poor living conditions.
Strike Events
On August 20, 2011, 500 Bangladeshi workers at a factory went on strike, citing delayed wages, lack of annual residency permits, and poor living conditions. Despite a legal notice issued by the factory on August 23, the workers refused to end the strike. The Ministry of Labor fined the strikers on September 4. Two weeks later, the Textile Workers Union signed an agreement with the factory, which only partially addressed the workers’ demands.
False Complaint Against a Worker
On November 2, 2011, the factory accused Shahid Islam, a Bangladeshi supervisor and alleged strike leader, of theft, gambling, selling contraband, and other crimes. Although the prosecutor ordered his release, the governor detained him administratively under Article 37 of the Residency and Foreigners Affairs Law. The law allows the Minister, upon recommendation, to deport foreigners and detain them until deportation.
Deportation
On October 11, 2011, the governor ordered Shahid Islam’s deportation, executed within a week. He was sent back to Bangladesh without an opportunity to return.
Conclusion
These cases highlight systemic issues faced by migrant workers, including baseless accusations, prolonged detention, absence of translators, and administrative detention circumventing the law. The challenges demand comprehensive reforms to protect workers’ rights and ensure fair legal processes.
Challenging the Administrative Governor’s Decision
On November 12, 2011, the worker’s lawyer challenged the governor’s decision before the High Court of Justice, citing clear violations of the law and international conventions related to detention and deportation, as well as abuse of authority by the governor.
The appeal was based on three main points:
The petitioner was a worker at factories in Al-Hassan Industrial City, and a dispute arose between the workers and factory management over demands to improve working conditions, leading to a strike and a legal complaint filed with the prosecutor.
The Residency Law does not authorize the governor or Minister of Interior to deport anyone while a court investigation is ongoing.
The governor and administrative official failed to properly hear the worker’s testimony, relying solely on the complainant’s (factory management) account.
High Court of Justice Rules in Favor of the Deported Worker
On February 29, 2012, the High Court of Justice overturned the governor’s deportation decision against “Shahid Islam.” The court’s ruling stated:
“Following my decision No. Q/8/Deportation/2011/22364 dated 10/11/2011, which ordered the deportation of the mentioned Hussein from the country by legal means, and pursuant to the High Court of Justice ruling No. 55 rejecting the case against the Minister of Interior and canceling the deportation decision issued against the aforementioned, I hereby decide to revoke the deportation order.”
Highlights from the “Shahid Islam” Case
Right to Strike
Striking is a legitimate right of workers under international agreements and local laws. However, this right is still treated as a crime in practice, with ongoing pressure on workers to forfeit their rights.
Baseless Complaints
Employers often file false accusations against workers, particularly migrants, fabricating lies without evidence as a form of retaliation or as a scare tactic to deter others from demanding their rights. In Shahid Islam’s case, severe charges were leveled against him, such as smuggling workers out of the country, detaining individuals, and causing abortions—acts that are implausible for a single individual to commit.
Administrative Detention
The law grants administrative governors (executive authority) broad powers to detain individuals without specifying the duration or justifying the detention. This detention is often linked to bail, with no defined amount, and governors can reject bail without providing reasons. Such actions infringe on judicial authority and violate the principle of separation of powers. Administrative detention remains widely practiced under the Crime Prevention Law, which allows governors to detain individuals deemed a threat to society under specific conditions that are not consistently applied in practice.
Rapid Execution of Deportation Orders
Deportation decisions are executed swiftly, often denying workers the opportunity to appeal in court. This violates international conventions ratified by Jordan, which have become part of its judicial system. In Shahid Islam’s case, the deportation order contradicted the prosecutor’s decision to release him and suspend the investigation. Just one week after the governor’s order, he was deported to Bangladesh, contravening Article 13 of the International Covenant on Civil and Political Rights. The article states:
“No alien lawfully present in the territory of a State Party to this Covenant shall be expelled except in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented before, the competent authority or a person or persons especially designated by the competent authority.”
Legal Fees
High litigation costs pose a significant barrier to challenging administrative decisions, such as detention or deportation, in administrative courts. These costs range from 30 to 300 Jordanian Dinars, in addition to attorney fees of 52 Dinars. In Shahid Islam’s case, the litigation fees amounted to 242 Dinars in 2011, making access to justice challenging for many workers.