As part of its ongoing legal efforts in enhancing access to justice, the Arab Renaissance for Democracy and Development (ARDD) issued a legal paper in July 2024 entitled The General Pardon Law No.5 of 2024 and Its Impact on Refugees: Insights from ARDD.”The paper provided a detailed explanation of the key provisions of General Pardon Law No. (5) of 2024, issued on April 2, 2024, and the significance and impact of the law for both Jordanians and refugees.
In this context, the paper stated that on May 7, 2024, ARDD submitted a legal petition to the committee formed under the chairmanship of the President of the Court of Cassation, in accordance with Articles (6) and (7) of the General Pardon Law No. (5) of 2024, requesting an official clarification on whether the General Pardon covers:
- Fines and violations stipulated in the Residency and Foreigners’ Affairs Law and deportation decisions.
- Fines and deportation decisions contrary to the Labor Law.
- Fines resulting from violations of the Social Security Law.
However, as of the date of publishing the paper, the committee’s decision had not yet been issued, and the organization continued to follow up to obtain the requested clarification as indicated above. Subsequently, the official response from the competent committee was recently issued, explicitly stating that these fines and violations are not covered by the General Pardon.
The decision considered that the fines imposed under Article 15 of the Instructions on the Conditions and Procedures for Employing and Recruiting Non-Jordanian Workers represent expenses borne by the State Treasury due to the efforts of the Ministry of Labor and other official bodies in detecting violations, detaining non-compliant workers until their deportation, and covering deportation expenses.
The decision also found that this amount constitutes a civil obligation paid to a specific authority when violating the instructions and is paid to a non-judicial entity, thus qualifying as a civil obligation that is not subject to the General Pardon. The same applies to the fine collected from the employer for failing to renew a work permit after 90 days from its expiry date. Likewise, residency fines, deportation, and removal decisions fall under the authority of the Minister of Interior upon the recommendation of the Minister of Labor, unlike the fine stipulated in Article 12 of the Labor Law, which is a criminal penalty imposed on the employer for committing a misdemeanor involving the employment of a non-Jordanian worker without a permit — this fine is covered by the General Pardon. The decision was issued on April 20, 2025.
