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