JUSTICE MINISTER: MEPI JUDICIAL REFORM PROJECT

C O N F I D E N T I A L MANAMA 000268

SIPDIS

DEPARTMENT FOR NEA/PI, NEA/ARP, AND DRL/PHD
CAIRO FOR STEVE BONDY
LONDON FOR ETHAN GOLDRICH

E.O. 12958: DECL: 02/23/2029
TAGS: KMPI KDEM KJUS PHUM PGOV BA
SUBJECT: JUSTICE MINISTER: MEPI JUDICIAL REFORM PROJECT
MUST STAY LOW PROFILE

REF: 03 MANAMA 237

Classified By: Charge d'Affaires Robert S. Ford for reasons
1.4 (b) and (d).


1. (C) SUMMARY. The Minister of Justice has decided that
the MEPI-funded ABA judicial reform project should maintain a
low profile to avoid criticism or friction from Muslim
conservatives. He promised the Charge on February 23 that
the ABA representatives would have full freedom to meet and
communicate with all Bahrainis. However, the ABA contractor
claimed that the Minister backpedaled on this commitment on
February 24. The ABA representative said he cannot guarantee
the success of the project with limitations to access and
communications. An important follow-up project to the Arab
Judicial Forum, its success is important to MEPI's regional
judicial reform effort. The situation appears manageable but
may require a significant investment of time and intensive
management to find ways for the ABA representative to achieve
his objectives while meeting the Minister's concerns. END
SUMMARY.


2. (C) Charge met with the Minister of Justice Jawad bin
Salim Al Arayed on February 23 to discuss some concerns ABA
representative John Hermina raised with PolOff about his
working conditions at the MOJ. Hermina mentioned to us on
February 18 that Al Arayed instructed Hermina not to seek ABA
office space outside the MOJ, not to contact legal
professionals outside the MOJ, not to seek publicity for the
judicial reform project and not to discuss the project with
anyone. Hermina told PolOff that under these conditions, he
could not guarantee the success of the project.


3. (C) In defense of his instructions, Al Arayed told
Charge that he knows how best to maneuver through the MOJ and
the legal community to effect change. The Minister reminded
CDA and PolOff that John Hermina is an American Egyptian
Coptic Christian and that the majority of judges in the
Ministry are Muslim Egyptians. "I need to minimize potential
friction between the MOJ, Hermina, and the Muslim judges," he
said. He added that many Ministry employees are Sunni Muslim
conservatives, not to mention the Sunni conservative cast of
Parliament. As a Shi'a minister constantly under criticism
from this quarter, Al Arayed said he needs ABA to keep a low
profile to ensure long-term success of reform.


4. (C) The Minister told CDA that he has no objections to
Hermina meeting with whomever he pleases in Bahrain. He also
has no objections to the ABA publicizing in its materials in
the US that they have a project in Bahrain. Al Arayed added
that he and John have an excellent working relationship. The
Minister was pleased to inform Charge that, with Hermina's
assistance, the MOJ will start recruiting judges by public
announcement, and plans for establishing a legal training
center are underway.


5. (C) However, in conjunction with placing a public
announcement for judge selection, Hermina told PolOff that
the Minister of Justice refused to allow Hermina to contact
any representative from the Bahrain Bar Society. "They are a
bunch of crooks and you do not want to be exposed to those
kinds of people," Al Arayed said. Hermina said that Al
Arayed's reasons for limiting his access changes from day to
day. Al Arayed said it was impossible to establish an ABA
office in Bahrain since ABA is not an NGO nor is it
registered. Hermina offered to apply to the Ministry of
Labor and Social Affairs (MOLSA) to register. Al Arayed
responded that as an "independent" NGO, ABA would have no
sponsorship from the MOJ.


6. (C) COMMENT. This project is one of the few bilateral
judicial reform projects derived from the Arab Judicial
Forum. Both sides have a stake in the project's success. We
believe the project's birthing pains are manageable, but it
may take a significant investment of time to find ways for
the ABA representative to achieve his objectives while
meeting the Minister's concerns. In particular, we will have
to find a creative way for Hermina to pursue his contacts in
Bahrain. END COMMENT.
FORD