UAE REFORM STRATEGY: QUARTERLY PROGRESS UPDATE

C O N F I D E N T I A L SECTION 01 OF 04 ABU DHABI 001327 SIPDIS SIPDIS STATE FOR NEA/FO, NEA/ARP, AND NEA/PI E.O. 12958: DECL: 04/02/2011 TAGS: PGOV PREL KPAO KDEM KMPI AE SUBJECT: UAE REFORM STRATEGY: QUARTERLY PROGRESS UPDATE REF: A. ABU DHABI 16 ¶B. 05 ABU DHABI 2173 ¶C. DUBAI 1074 ¶D. ABU DHABI 953 ¶E. ABU DHABI 1223 ABU DHABI 00001327 001.2 OF 004 Classified By: Ambassador Michele J. Sison, reasons 1.4 (b) and (d). ¶1. (C) Summary: Since the January 2 submission of the quarterly UAE Democratic Reform Strategy update (ref A), there have been additional developments. During the period January 1-March 31, the UAEG created a Cabinet-level Ministry of State for Federal National Council Affairs that its new minister says will prepare the country for "stage one" of its plan to move toward a directly elected parliament. (Stage one is the previously announced limited elections that would be held for half of the existing 40-member Federal National Council -- FNC. In subsequent stages in an unspecified timeframe, the FNC membership would be enlarged to 60 or 80 members, the FNC's powers would be expanded, and half the members would be elected in a vote open to all Emirati citizens.) The Emiratis are proceeding at a slow pace and lag behind other countries in the region in introducing representative government. The February 2006 Cabinet reshuffle also saw the appointment of a second woman minister. On the civil society front, the UAEG approved the country,s first human rights NGO, which announced that it would monitor human rights violations and human trafficking, publish a report on the human rights situation in the UAE, and staff a hotline for reports of abuse. New NGO and labor laws are still pending, although the Minister of Labor publicly announced late March that the government would allow the formation of labor unions by the end of the year. ¶2. (C) Summary continued: In the area of media reform, the Journalists Association has submitted draft freedom of the press legislation to the UAEG for its consideration. The Ministry of Information was abolished in the Cabinet reshuffle. The government news agency and both the local English and Arabic press showed a new willingness to cover sensitive domestic human rights topics during the visit of DRL DAS Erica Barks-Ruggles. The UAEG announced initiatives to increase transparency, although there are still no mechanisms for the public to comment on draft federal legislation or proposed regulations. In the judicial reform arena, the UAEG took a decision to allow UAE women with Shari'a law training to serve in the judicial sector. The government also reorganized the Justice Ministry so as to devote more resources to ensuring that moderate Islam is preached and taught in mosques and schools. End Summary. Federal National Council -------------- ¶3. (C) There has been some -- albeit slow -- movement on the plans for limited elections for the FNC announced by President Khalifa on December 1, 2005. On February 9, newly appointed Prime Minister Sheikh Mohammed bin Rashid al-Maktoum (MbR) named Anwar Gargash to the new portfolio of Minister of State for Federal National Council Affairs. Gargash's role will be to ensure that President Khalifa,s announcement of limited elections for half the FNC consultative body is implemented, he has told us. Gargash told Ambassador and Consul General on February 25 that the FNC needed to become a body that was both "representative and empowered" (ref C). ¶4. (C) According to Gargash, the UAEG is embarking on a multi-stage process, commencing with the election of half the existing 40-member FNC by some 4,000 electors appointed by the various rulers of the seven emirates. Gargash indicated the first phase -- limited elections for half the members -- could take place in the fall. The second stage would involve first expanding the FNC,s membership, to perhaps 60 or 80 members, and then broadening its powers. Stage three would allow all Emirati citizens to vote (vice 4000 appointed electors) in the election of half the members of the newly enlarged and empowered FNC. Gargash said the move to a fourth stage (presumably open election of all FNC members) would have to be carefully considered in view of political trends elsewhere in the region. ¶5. (C) At the new federal Cabinet of Ministers' swearing-in ceremony February 11, MbR admonished the ministers to keep abreast of the times. He also made the following Cabinet changes that should help advance the reform agenda: -- The Ministry of Information, a vestige of a time when many governments sought to censor the press and centralize public relations, was abolished. ABU DHABI 00001327 002.2 OF 004 -- The separation of the Ministry of Education into two ministries, one for lower education and one for higher education, and the appointment of Dr. Hanif Hassan as Minister of Education. Formerly Vice Chancellor of Zayed University, an all-women's college, he has been one of this Embassy's interlocutors and is committed to an education reform agenda. -- The appointment of Mariam al-Roumi as Minister of Social Affairs. An Under Secretary in the former Ministry of Labor and Social Affairs, she was an Embassy interlocutor on charities regulation and NGO reform. She became the second woman to serve in the Cabinet, Economy Minister Sheikha Lubna al-Qasimi being the other. ¶6. (U) As part of the UAE's gradual move toward more representative government, Abu Dhabi emirate has accepted an invitation from the Washington-based National Council of State Legislatures (NCSL) to send a member and four staff of the Abu Dhabi National Consultative Council (NCC),which advises Abu Dhabi,s Ruler, to attend the Spring Forum of NCSL's Standing Committees April 6-8 in Washington. Emirati participants will get an opportunity to meet and network with American state legislators and staff from across the U.S., and learn about public policy innovations in state legislatures. Abu Dhabi Crown Prince Sheikh Mohammed bin Zayed requested the NCC's participation in the forum. NCC member Ghaith al-Ghaith al-Kubaisi told Emboffs that Sheikh Mohammed bin Zayed wants the NCC to hold elections for half its membership, following the model of the FNC. Civil Society Development -------------- ¶7. (SBU) On February 18, the Ministry of Social Affairs formally licensed the first human rights NGO in the UAE, ending months of speculation about whether the government would permit a home-grown rights monitoring group to operate. The new Emirates Human Rights Association (EHRA),based in Abu Dhabi, may have a future branch office in Dubai. No action has yet been taken regarding the applications of two other human rights organizations, which have been pending for more than 18 months. One of those organizations includes moderate Islamist activists whose activities and publications are not likely to be tolerated by the government. EHRA will publish an annual report on the UAE human rights situation, staff a hotline to report abuses, and concern itself with human trafficking. ¶8. (C) Some human rights activists in the country doubt the independence of the EHRA, and question its legitimacy as an independent NGO. EHRA member and academic Ebtisam Al-Kitbi tld us that her group received "directions from higer authorities" that if a third group was formedby joining "certain" members from the first and econd groups, and eliminating "unwanted" names labeled as Islamist ideologues, then the third grou would get approval to operate. EHRA members tod us they will not accept funds from the governmnt or foreign embassies to preserve their indepedence (ref D). ¶9. (C) DRL DAS Erica Barks-Ruggles met with EHRA members March 16 during her visitto the UAE. They told her that the government, rimarily through the security services, attempte to gain influence of the board of directors and te membership. They indicated that the organization would benefit if the USG were to confer "its blessing" by publicly acknowledging and supporting their goals, in order to deter the UAEG from hindering the group,s activities. EHRA members told Barks-Ruggles that the organization will focus its efforts on reform of the courts and the police, as well as improving the rights of laborers. For instance, they would work to end the practice of flogging as a sentence, though they noted that Shari'a courts in neighboring countries imposed far more severe penalties. During a meeting with Minister of Social Affairs Mariam al-Roumi on March 26, Ambassador noted that the formation of EHRA was a very positive development. Ambassador also stressed that it is important for NGOs to be independent from government interference, as such independence will give them greater legitimacy. ¶10. (C) In the labor arena, the Cabinet's legislative committee approved an amendment to the UAE labor law, empowering the Minister of Labor to issue a ministerial decree authorizing labor unions. The amendment is now pending before the Cabinet. However, Economy Minister Sheikha Lubna al-Qasimi, visiting Washington in mid-March, told EB A/S Wayne that the UAE is not prepared to accept ABU DHABI 00001327 003.2 OF 004 collective bargaining or the right to form unions as a matter of national security. The UAE plans to allow the formation of labor unions in which Emirati citizens would enjoy full membership; expatriate workers would be allowed to participate, but at least for the time being, would not have full voting rights. Media Reform -------------- ¶11. (SBU) A MEPI project has resulted in the UAE Journalists Association submitting draft freedom of the press legislation to Foreign Minister Sheikh Abdullah bin Zayed al-Nahyan for the government's consideration. If adopted as drafted, the proposed legislation would be the Gulf region,s most progressive. The draft includes language on defamation, personal insults, and slanders, as well as new codes and ethics. Journalists could only be criminally charged for insulting the UAE president or a ruler of one of the emirates, or for attacking Islam or other religions. No other offenses could result in imprisonment. This MEPI-funded project brought a U.S. media law expert to Abu Dhabi in November 2005 to meet with the Journalists Association. The bulk of draft legislation submitted to the UAEG directly reflects the lawyer's subsequent input to the Journalists Association. The association has suggested additional U.S. assistance (possibly through MEPI) in "training the trainers" so that prominent local journalists can train other journalists in the UAE and in the region. The association is also interested in a writing workshop for UAE business reporters who cover the financial markets in Abu Dhabi and Dubai. ¶12. (U) Media coverage of DRL DAS Barks-Ruggles's visit suggested a new willingness to discuss human rights, a sensitive topic in the UAE. The UAEG news agency and both the Arabic and English dailies published her remarks on political reform and human rights (ref. E). Transparency -------------- ¶13. (U) In the federal Cabinet reshuffle, the government also created a new Ministry of Government Sector Development. Its mandate is to organize the newly created ministries and restructure other ministries to achieve good governance. It will launch e-government initiatives to facilitate the relationship between UAE nationals and the government, and between the local and federal government. On February 20, MbR announced that ministries would be given "full administrative and financial independence" to improve their services and performances. He also ordered the establishment of an administrative unit that will report directly to him and will be responsible for setting timeframes and action programs on performance assessment. He ordered that all ministerial committees be scrapped, except the Committee of Financial Affairs and the Ministerial Legislation Committee, in order to speed up the decision-making process. New committees could be set up if necessary. On March 6, the Cabinet decided to allow the Ministry of Finance and Industry to take a five percent stake in public shareholding companies, a move that would help boost corporate governance and transparency, according to analysts. Under the arrangement, the UAEG will have access to all company information. Justice Reform -------------- ¶14. (U) There were two developments in the area of justice reform. One was a reorganization of the Ministry of Justice resulting in the creation of a Department of Islamic Affairs and Endowments. We attribute the change to the UAE leadership's decision to devote more resources to ensure that moderate Islam is preached and taught in mosques and schools. The other development was the decision by the federal Cabinet's committee for legislation to amend the Judicial Authority Law to allow UAE women who hold a bachelor's degree in Shari'a law to serve as judges and prosecutors. Four women are currently in training at the judicial training institute in Abu Dhabi. Other Reform Developments -------------- ¶15. (U) Some of the other reform-related developments were: -- Education: The Ministry of Education's curriculum director told MEPI RO Director that the Ministry wants to move forward with a CCE/Arab Civitas "Project Citizen" pilot program as ABU DHABI 00001327 004.2 OF 004 soon as possible. A meeting to discuss next steps with CCE and Arab Civitas was requested (and is expected to take place in April or May). -- Education: A MEPI small grant-funded training of trainers project began under the iEARN program in the UAE, February 25-March 1. The program enables teachers at public schools to involve their classes in active learning collaborative projects through the use of the Internet with schools in the U.S. and other countries. -- Decentralization/Reorganization: On March 13, the UAE Ministry of Finance and Industry announced plans to decentralize government ministries to give them more financial and managerial independence. Separately, President Khalifa issued five decrees and four laws regarding the development and restructuring of the Abu Dhabi government with the goal of making it more efficient. SISON