MINISTER OF JUSTICE SUPPORTS MEPI JUDICIAL REFORM

C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 001265

SIPDIS

COMMERCE FOR CLDP

E.O. 12958: DECL: 8/29/15
TAGS: KJUS PGOV KDEM PREL BA
SUBJECT: MINISTER OF JUSTICE SUPPORTS MEPI JUDICIAL REFORM

REF: A. SECSTATE 158420


B. SECSTATE 158419

C. MANAMA 1131

D. MANAMA 1091

Classified By: Ambassador William T. Monroe for reasons 1.4 (b) and (d)
.

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Summary
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1. (C) In a meeting with the Ambassador August 29, Minister
of Justice Dr. Mohamed Al Sitry called the new Political
Societies Law a step forward and pledged to work with
political societies to make its implementation as agreeable
as possible. The Minister gave his full support for
MEPI-sponsored judicial reform programs implemented by the
American Bar Association (ABA) and the Commercial Law
Development Program (CLDP),saying that reform was key to his
agenda as minister. Al Sitry expressed concern for the
situation in Iraq, and the Ambassador emphasized the
importance of publicly encouraging progress in the country.
End Summary.

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Political Societies Law
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2. (C) The Minister said that he had been very busy with the
new Political Societies Law, which gives the Ministry of
Justice (MOJ) authority over political societies (Refs C and
D). (Note: Previously, political societies operated under
the 1989 Societies law, which forbids political activity, and
were under the authority of the Ministry of Social Affairs.
Several years ago, the GOB gave groups the right to conduct
political activities despite prohibitions in the 1989 Law.)
The Minister said that as the new law explicitly gives groups
the right to engage in politics, it was a remarkable step
forward in the democratic process. He predicted that most
political societies, including leading opposition society Al
Wifaq, would abide by the rules and formally register with
the MOJ by November 2.


3. (C) Al Sitry acknowledged that certain articles in the
new law were controversial, but pledged to listen to
political societies and protect their rights. He noted that
many people were opposed to the provision that persons under
age 21 cannot participate in political societies, so he
recently issued an edict stating that persons aged 18-20
could join political societies as long as they did not
participate in internal elections. On the provision that
gives the Minister of Justice authority to ban contact with
foreign organizations, he said he issued an edict stating
that societies could be in contact with foreign entities so
long as they informed him first. (Note: Several Shi'a
political activists have expressed concerns that Al Sitry,
who is also a Shi'a but from the Akhbari trend that is often
at odds with the more mainstream, and politicized, trends
within the sect, could prove to be rigid in enforcing the
law.)

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The National Democratic Institute (NDI)
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4. (C) The Ambassador mentioned that one of the new law's
provisions states that political societies cannot accept
funds or in-kind support from abroad. The Ambassador told Al
Sitry that although he understood the motivation behind this
rule, it placed the MEPI-sponsored National Democratic
Institute (NDI) program in an awkward position. NDI was well
respected and was doing good work in Bahrain. The Minister
said that NDI was controversial, and ironically had received
criticism from some oppositionists who, in his opinion, were
benefiting the most from the program. (Note: He's right;
NDI has drawn fire from both conservative Sunni and Shi'a
leaders, whose organizations are avid consumers of NDI
training.) The Ambassador replied that leaders from the
government as well as the opposition had expressed
appreciation for NDI's activities. Al Sitry said societies
could receive training from the GOB-sponsored Bahrain
Institute for Political Development that will be established
soon, perhaps in cooperation with NDI. The Ambassador noted
that the royal court backed NDI's presence and would likely
facilitate such an arrangement.

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MEPI-funded Judicial Reform Programs
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5. (C) The Ambassador thanked the Minister for welcoming
MEPI-funded judicial reform programs implemented by the
American Bar Association and the U.S. Department of Commerce
Commercial Development Program (CLDP). Al Sitry said he gave
his full support to these programs, and in a recent visit to
the ministry the Prime Minister had also endorsed the work of
the ABA and CLDP. ABA Country Director James MacPherson
noted in the meeting that ABA activities for the month of
September will include training and IT changes that will
improve case management; training of judges, prosecutors, and
other GOB officials on how to deal with trafficking cases;
and installing electronic recording equipment in a pilot
court room. In the next few months, the ABA will also help
establish specialized financial courts to deal with
commercial cases more effectively. CLDP will give a training
seminar on E-commerce in late September. The Minister said
that he was keen to bring about change in the judicial system
and that he wanted everyone in Bahraini society to know
his/her rights and obligations. He said that the ABA and
CLDP were enhancing the rule of law in Bahrain and would help
the ministry protect people's rights.

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Iraq
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6. (C) The Minister asked about the situation in Iraq, which
he said seemed to be deteriorating. The Ambassador replied
that Iraq's transition to democracy would be a difficult
process, but an important one. The Ambassador stressed that
what people outside of Iraq say matters, and governments
should make public statements that encourage progress and
advocate a unified Iraq in which all groups are protected
(Refs A and B). Al Sitry noted that many people believe the
Iranians are benefiting from the rising Shi'a influence in
Iraq, and they are afraid that Iraq could become a strong
Shi'a state.

MONROE