Identifier
Created
Classification
Origin
06ISLAMABAD22290
2006-12-04 10:10:00
CONFIDENTIAL
Embassy Islamabad
Cable title:  

PROTECTION OF PAKISTANI WOMEN: NOW, IT'S THE LAW

Tags:  KWMN PGOV PHUM PK PREL 
pdf how-to read a cable
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C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 022290 

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/01/2016
TAGS: KWMN PGOV PHUM PK PREL
SUBJECT: PROTECTION OF PAKISTANI WOMEN: NOW, IT'S THE LAW

REF: ISLAMABAD 22028 AND PREVIOUS

Classified By: Ambassador Ryan C. Crocker, Reasons 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 ISLAMABAD 022290

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/01/2016
TAGS: KWMN PGOV PHUM PK PREL
SUBJECT: PROTECTION OF PAKISTANI WOMEN: NOW, IT'S THE LAW

REF: ISLAMABAD 22028 AND PREVIOUS

Classified By: Ambassador Ryan C. Crocker, Reasons 1.4 (b) and (d)


1. (U) Summary: On December 1st, President Pervez
Musharraf signed the Women's Protection Bill (WPB) into law,
marking the first time in three decades that a Pakistani
government has successfully rolled back laws that have stood
virtually untouched since the institution of the Hudood
Ordinances under Zia. Adoption of the WPB has thrown the
Muttahida Majlis-e Amal (MMA) coalition of religious parties
into disarray, with Jamiat-I Ulema-I Islamia - Fazlur (JUI-F)
leader Fazlur Rehman waving off the call by Jamaat-I Islami
leader Qazi Hussain Ahmed for all MMA members to resign from
their National and Provincial Assembly seats. With the
fractures in the MMA exposed, the Pakistan Muslim League-led
(PML) government is preparing to introduce follow-on
legislation to address cultural practices that oppress
Pakistani women. End summary.


2. (C) The Ambassador and USAID/Democracy Officer met with
Minister of Women's Development Sumaira Malik soon after the
National Assembly passed the WPB. The Ambassador told the
Minister that the official U.S. response has been positive
yet low-key, to avoid fueling right-wing rumors that the U.S.
had instigated the legislation. Accepting the Ambassador's
congratulations, Malik stated that this is the first time
that Pakistan's mullahs have been successfully challenged.
She said that MMA political posturing, which included a
threat that all its members would resign from Parliament, not
only highlighted well-known rifts between JI and JUI-F, but
also deepened regional cleavages within those parties. These
miscalculations constituted a serious political blunder; the
MMA now wished it had chosen another issue over which to draw
lines in the sand. By calling the MMA's bluff, the
government had left the religious parties sheepish over their
defeat. Malik said that the MMA leadership is now trying to
escape from the corner into which it has painted itself into
by saying that resignations may not be necessary,and instead

calling for massive anti-WPB rallies in early December.


3. (C) Malik characterized the WPM as a "triumph of
moderates". The successful passage of the WPB required the
PML-led coalition and Pakistan People's Party (PPP) to
collaborate against Pakistan Muslim League - Nawaz (PML-N)
and MMA. Minister Malik admitted that elements in the PML
were not completely behind the bill; she said that a changing
of the old guard within the party might be needed if they do
not have the courage to take on other important issues in the
future. She credited PPP stalwart Sherrie Rehman with
holding the PPP together in support the WPB. The Minster now
plans to personally carry out a nationwide outreach to women
to explain the new legislation and its consistency with the
tenets of Islam. Her early planned stops include D.I. Khan
District in the North West Frontier Province, a visit to the
tribal areas, and a trip to rural Sindh Province.


4. (C) The Ambassador noted that the U.S., through USAID
would like to be supportive of initiatives that promote and
protect women's human rights in Pakistan. Recognizing that
well-intentioned U.S. programming could have negative
blowback to the GOP if not designed and implement with an
appreciation of political and social nuances in Pakistan, he
stated that USAID would work closely with the Women's
Development Ministry in the coming months to design
meaningful and constructive support. Malik thanked the
Ambassador, saying that her Ministry would appreciate
programming that helps move the country away from the status
quo in a gradual, measured manner. Going too fast, she said,
plays into the religious extremists' hands. She sees her
mission as one of drawing a distinction between "modernizing"
Pakistani women and "westernizing" them. Actions perceived
as trying to achieve the latter would bring disastrous
results.


ISLAMABAD 00022290 002 OF 002



5. (C) As to the next steps, PML President Chaudhary
Shujaat Hussain has introduced a private bill in the National
Assembly that would criminalize certain cultural practices
that discriminate against Pakistani women: obstructing a
women's right of inheritance, forced marriage, marriage to
the Koran (to prevent property from passing outside the
family should the woman marry),divorce through triple talat,
etc. Shujaat and PML Secretary-General Mushahid Hussain
Sayed told poloffs on December 1 that this bill will serve
two purposes. First, it directly addresses Pakistani
traditions that have long been the means of oppressing women.
The bill will also provide a face-saving platform for JUI-F
and more moderate MMA elements to justify their refusal to
follow JI's call for mass resignations over the WPB, as
Shujaat has promised to engage actively with MMA and
religious leaders on this follow-on legislation. To allow
JUI-F some breathing space, the PML leader had agreed with
Fazlur Rehman's request not to call the National Assembly
into session in December. (Note: Post has a copy of
Shujaat's bill, which is an extraordinarily lean for draft
legislation. This bare bones framework has the potential to
be transformed into an legislative Xmas tree, if Shujaat's
commitment to seek MMA guidance on the bill holds. Post will
carefully track the bill's mutations as the PML-MMA
consultations move forward through the December legislative
break. End comment.)


6. (C) COMMENT: As noted in a November 24 "Friday Times"
editorial, successive Pakistani governments over the past
thirty years have shifted the state from a fundamentally
secular orientation to a deeply entrenched Islamicized one.
Initiated under Z.A. Bhutto, the shift accelerated
dramatically under General Zia-ul-Haq, continued through
Benazir Bhutto's administrations, and picked up steam in
Nawaz Sharif's two terms as Prime Minister. In the context
of this history, President Musharraf and his team deserve
credit for successfully striking down the most onerous
provisions of the Hudood Ordinance through the WPB. Although
it is encouraging that some GOP leaders have the courage to
take on the religious extremists by softening the most
egregious anti-women laws, this commitment is far from
universal within the current government. The governing PML
is split between forward-looking leaders "enlightened
moderation," and scrappy party tacticians primarily concerned
with gaining political ground in the run-up to national
elections in 2007. Reformers like Malik should be proud of
their achievement with the WPB, while preparing themselves
for many battles ahead in the struggle to enhance and protect
the rights of Pakistani women.
CROCKER