END OF THE HUDOOD ORDINANCES?

C O N F I D E N T I A L ISLAMABAD 012517 SIPDIS NOFORN SIPDIS E.O. 12958: DECL: 07/03/2016 TAGS: PGOV PHUM KISL KWMN PK SUBJECT: END OF THE HUDOOD ORDINANCES? REF: ISLAMABAD Classified By: Derived from DSCG 05-01, b and d ¶1. (C/NF) Summary: Following a two month public awareness campaign, President Musharraf on July 1 instructed the Council on Islamic Ideology (CII) to prepare a revised Hudood Ordinance for review and adoption by August. In addition, the President announced his intention to sign an order on July 3 dictating the release of all women currently in detention save on charges of murder, robbery, or terrorism. A senior contact at the CII confirmed receipt of the President's instructions and noted that the guidelines received from the President's office included elimination of adultery provisions, differentiation in the weight of testimony based on religion and gender, and substantial refinements to the rape provisions of the law. While the CII was not/not pleased to receive direction from the President, our contact reported that its leaders intended to comply and should have a revised provision prepared for review in August. End Summary. ¶2. (SBU) President Musharraf convoked a meeting of senior government officials on July 1 to review women's issues and law reforms. The meeting followed a two month campaign spearheaded by the Women's Affairs Ministry designed to raise awareness on the Hudood Ordinances and develop a constituency for their reform. During the course of the meeting, President Musharraf issued two separate directives, which were later provided to the media. The first instructed the CII, a constitutional body with representation from all five Islamic sects, to draft a revised Hudood Ordinance for review and adoption by the end of August. In the press statement released, the revised ordinance was to eliminate discriminatory provisions against women, while at the same time adhering to Islamic injunctions. The second directive called on the Minister of Law, Justice, and Human Rights to draft an order for Musharraf's signature on July 3 that would release all women prisoners, save those detained for robbery, murder, or terrorism. This will result in the release of all women detainees/prisoners under the current Hudood Ordinances. ¶3. (C/NF) According to a senior researcher at the CII, the instructions they received from the Office of the President were very explicit. The CII is to draft a consensual document that eliminates adultery provisions from the Hudood Ordinances, gives testimony by all witnesses equal weight, and allows normal evidentiary standards in rape cases brought under the new ordinance. In addition, the new ordinance will prohibit any government official or private citizen from attempting to bring criminal charges against a rape victim. The CII had during its last meeting in April unanimously called for similar changes to the Hudood Ordinances, so the drafting of a consensual document should be relatively easy. However, CII members are reportedly angered by Musharraf's unparalleled directive approach in this matter, fearing that it will compromise the independence of the CII, which is constitutionally separate from the Office of the President. ¶4. (C/NF) Comment: The GOP has invested considerable effort in attempting to build a constituency for reform of the Hudood Ordinances. While Islamist politicians and conservative clerics are likely to challenge this decision, Musharraf's now public commitment to a reform timeline and the immediate injunctive relief being offered to women detainees signal the GOP's intention to proceed. Having the CII take charge of drafting a revised ordinance will undercut Islamist arguments against any such document. Despite its current reformist make-up, the CII is still popularly seen as the final arbiter of Islamic thought and guardian of Islamic law. Public criticism of a CII document carries inherent risks for clerics, which may well stifle opposition to the new law. End Comment. CROCKER