JUSTICE MINISTER: U.S. HUMAN RIGHTS REPORT FLAWED,

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 003633

SIPDIS

STATE NEA/ARPI

E.O. 12958: DECL: 10/24/2014
TAGS: PREL PTER PGOV KWMN PHUM PINR KU
SUBJECT: JUSTICE MINISTER: U.S. HUMAN RIGHTS REPORT FLAWED,
KUWAIT TOUGH ON TERROR, AND WOMEN'S RIGHTS WILL HURT KUWAIT

Classified By: Ambassador Richard LeBaron for reason 1.4 (b) and (d)


1. (C) Summary: During a meeting with the Ambassador on
October 23, Justice Minister Ahmed Baqer disputed U.S. claims
of a corruptible judiciary, increased censorship, and
preferential treatment of Kuwaiti nationals and discussed
what he sees as numerous mistakes in the 2003 Department
Report on Human Rights Practices in Kuwait. He said the
Palestinian issue will continue to reduce support for U.S.
counterterrorism policies. Baqer, the only Salafi Islamist
in the Cabinet, opined that Kuwaiti society would be harmed
if women gain their political rights. End Summary.

Much in the Human Rights Report "Baseless"
--------------


2. (SBU) In a frank but friendly October 23 meeting with
Ambassador LeBaron, Justice Minister Ahmed Baqer challenged
the contention in the 2003 Human Rights Report, that the Amir
has direct oversight of the judiciary and can influence
decisions. He defended Kuwait's position by repeatedly
insisting that the Kuwait judiciary is independent and is
free of all influence and corruption. He explained that even
he, as Justice Minister, cannot talk to a judge regarding any
case and added even the family of the Amir loses court cases.


3. (C) The Minister disputed many other items in the Report,
such as legal favoritism of citizens over non-citizens and
denied that anyone had been tortured while in custody. He
also argued that the draft press and publications law will
not increase censorship. (Note: The new draft press law, if
passed, will significantly increase fines and prison
sentences for journalists who defame the prophets and the
Amir. End Note.) Responding to the Ambassador's comment that
laws on the books need to be properly enforced, the Minister
replied it was hard to imagine that Kuwait has any law that
goes unenforced. (Comment: In Post's observation, many laws
are ignored in practice here from seatbelt regulations to
constitutional guarantees of religious and political freedom.
End Comment.) Baqer contended that certain issues mentioned
in the report concerning religious matters such as
inheritance and marriage law cannot be changed because they
are in the Qur'an. Baqer presented the Ambassador with a
bound copy of the Justice Ministry rebuttal of the
Department's Human Rights Report.

Kuwait Is Strong On Terror
--------------


4. (C) Responding indirectly to the Ambassador's concerns of
a perceptible gap between the U.S. and Kuwaiti approach to
combating terrorism, the Justice Minister remarked that the
decision to convict suspected terrorists is in the hands of
the "independent" judiciary. Baqer assured the Ambassador
Kuwait has good strong laws in this area, some of which call
for capital punishment. The Minister explained that should a
minor be convicted of a crime for which an adult would be
sentenced to death, the minor, instead of receiving capital
punishment would be sentenced to ten years imprisonment, and
there is an effort underway to increase the term to 15 years.


5. (C) Baqer further explained that the U.S. cannot eliminate
terrorism unless U.S. policy regarding the Palestinians
changes. He remarked that no Muslim will ever support the
Israeli occupation and he further argued Israel should expect
to be attacked because it occupies "other peoples' land." He
counseled that many in the Muslim world will continue to
oppose U.S. policy because America "completely supports
Israel." The Ambassador reminded the Justice Minister that
despite the difficulties of the Arab-Israeli Peace Process,
the U.S. strongly supports a two-state solution.

A Women's Place Is In The Home
--------------


6. (C) The Justice Minister, who is also an elected Member of
Parliament (MP) and vocally opposes granting women their
political rights, offered his opinion on the future of
women's rights in Kuwait. (Note: In May, the Cabinet
approved a draft bill granting women the right to vote and
run for office in National Assembly elections. The bill is
scheduled to be addressed during the Parliamentary session,
which opens October 26. End Note.) Baqer characterized the
family as the most important element in Kuwaiti society and
said although men and women both share family
responsibilities, a woman's place is in the home. He argued
that taking women out of the home and putting them into
politics ultimately hurts the family and insisted that Kuwait
has many other problems, such as crime and narcotics, which
can be traced to emulation of Western lifestyles. He further
stated that the man's vote represents his entire family and
giving women voting rights will only provide men with two
votes because the wife will vote according to her husband's
wishes. (Comment: Baqer, a Salafi who voted against the 1999
women's rights initiative as an MP, may abstain from voting
because of his Cabinet position should the women's rights
bill make it to the floor of Parliament. If, however, he
chooses to vote his conscience, it would mean breaking
Cabinet solidarity and creating a dilemma for the Prime
Minister: allow Baqer to vote as he pleases or publicly
acknowledge that his government does not fully support his
commitment to equal political rights for women. End Comment.)

Baqer's Future Unknown
--------------


7. (C) With constant talk in local press about the
probability of another season of National Assembly
"grillings"--the process of interrogation of Cabinet
Ministers through which they can be ousted by a Parliamentary
vote--the Minister's future is likely to include such an
interpellation. Baqer candidly informed the Ambassador he
has no plans to leave his current post but said that no one
really knows what will happen. He remarked that Prime
Minister Shaykh Sabah Al-Ahmad recently told the Cabinet that
he had no plans to change its composition, but Baqer pointed
out the National Assembly has power of its own to decide
these matters. He expects to be grilled.


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LeBaron