Identifier
Created
Classification
Origin
07KABUL1747
2007-05-24 14:54:00
CONFIDENTIAL
Embassy Kabul
Cable title:
MP MALALAI JOYA VOTED OUT OF PARLIAMENT
how-toVZCZCXRO5633 PP RUEHDBU RUEHPW DE RUEHBUL #1747/01 1441454 ZNY CCCCC ZZH P 241454Z MAY 07 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC PRIORITY 8315 INFO RUCNAFG/AFGHANISTAN COLLECTIVE RUEHZG/NATO EU COLLECTIVE RHMFISS/HQ USCENTCOM MACDILL AFB FL RUEKJCS/SECDEF WASHINGTON DC RUEKJCS/OSD WASHINGTON DC RUEKJCS/JOINT STAFF WASHINGTON DC RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC RUCNDT/USMISSION USUN NEW YORK 4118 RHEFDIA/DIA WASHINGTON DC RUEAIIA/CIA WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 KABUL 001747
SIPDIS
SIPDIS
DEPT FOR SA/FO, SCA/A, S/CT, S/CR, SCA/PAB, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR HARRIMAN
OSD FOR SHIVERS
CENTCOM FOR CG CFC-A, CG CJTF-82 POLAD
E.O. 12958: DECL: 05/22/2017
TAGS: PREL PGOV PHUM AF
SUBJECT: MP MALALAI JOYA VOTED OUT OF PARLIAMENT
REF: KABUL 1605
Classified By: Political Counselor Sara Rosenberry for reasons 1.4 (b)
and (d)
------
SUMMARY
-------
C O N F I D E N T I A L SECTION 01 OF 02 KABUL 001747
SIPDIS
SIPDIS
DEPT FOR SA/FO, SCA/A, S/CT, S/CR, SCA/PAB, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR HARRIMAN
OSD FOR SHIVERS
CENTCOM FOR CG CFC-A, CG CJTF-82 POLAD
E.O. 12958: DECL: 05/22/2017
TAGS: PREL PGOV PHUM AF
SUBJECT: MP MALALAI JOYA VOTED OUT OF PARLIAMENT
REF: KABUL 1605
Classified By: Political Counselor Sara Rosenberry for reasons 1.4 (b)
and (d)
--------------
SUMMARY
--------------
1. (C) On May 21, the Lower House plenary session voted
almost unanimously to expel Farah Province MP Malalai Joya
from Parliament permanently for making (during a CNN profile
that was rebroadcast by Tolo TV and then shown on the floor
of parliament) what were perceived as deeply offensive
comments about Parliamentarians. There nevertheless are
questions about the constitutionality of parliament's move to
dismiss her and the referral of her case for prosecution.
Joya's case, like the case of the no-confidence vote against
Foreign Minister Spanta, may end up in the Supreme Court,
where it has the potential to set precedent not just about
the law itself, but the role of the court in resolving
Constitutional issues. END SUMMARY.
--------------
Parliament Expels MP
--------------
2. (SBU) After a lengthy debate on the plenary floor, the
Lower House voted almost unanimously on May 21 to suspend MP
Malalai Joya from the Parliament for the rest of the
electoral cycle. The action followed remarks Joya made on a
CNN program, rebroadcast on Tolo TV, and then shown on the
floor of parliament. While Joya has frequently made
disparaging remarks about the Parliament and its members, her
most recent comments -- that Parliament was "worse than
animals in a stable" made a response inevitable. For an
Afghan, being compared to an animal is a grievous insult. No
one has stepped forward to defend Joya, not even secular,
reform-minded women who see her as complicating their
efforts. Joya's salary will be suspended, and she will lose
all privileges (including an allowance to cover security,
transportation, and other costs) for the remainder of the
Parliamentary cycle. The legal grounds for her expulsion are
not clear. USAID/SUNY (State University of NY) parliamentary
advisor notes that there is no provision for parliamentary
punishment or expulsion in the Afghan constitution. Even the
provisional Rules of Procedure for the Wolesi Jirga do not
seem to exactly address cases of this nature.
--------------
Parliament Intends to Prosecute MP
--------------
3. (C) The Lower House Committee for MP Safety and
Privileges plans to refer Joya's case to the Attorney General
for possible prosecution. MPs have cited three possible
grounds for prosecution: (1) that Joya violated Article 24 of
the constitution (which guarantees the protection of human
dignity),(2) that she violated parliamentary rules of
procedure that prohibit MPs from insulting one another,
and/or (3) that she violated the country's defamation law.
(Note: Post and UNAMA share the view that these all represent
shaky grounds constitutionally. End Note.) Article 101 of
the Constitution says no MP can be prosecuted for views
expressed during performance of duty, but MPs on the Safety
and Privileges Committee pointed out during the plenary
debate that Joya made her comments to CNN while physically
outside of the Parliament building.
--------------
COMMENT
--------------
4. (C) We have heard reports that opponents of reformers
have a list of Ministers and officials they are targeting for
removal, but Joya has not been mentioned as being on the
list. She is a unique case in that she has alienated even
most reformers in and outside of Parliament. In that sense
KABUL 00001747 002 OF 002
she may not be considered as a significant political threat
to the anti-reformers, but she does have many enemies and may
well have well-founded security concerns.
5. (C) The action taken against Joya may not be based on
clear rules, but, like the no-confidence votes on the Foreign
Minister and Refugee Minister a week earlier (Ref),it has
the potential of setting a significant precedent relating to
parliamentary power. The case, like that of ForMin Spanta,
may end up in the Supreme Court.
WOOD
SIPDIS
SIPDIS
DEPT FOR SA/FO, SCA/A, S/CT, S/CR, SCA/PAB, EUR/RPM
STATE PASS TO USAID FOR AID/ANE, AID/DCHA/DG
NSC FOR HARRIMAN
OSD FOR SHIVERS
CENTCOM FOR CG CFC-A, CG CJTF-82 POLAD
E.O. 12958: DECL: 05/22/2017
TAGS: PREL PGOV PHUM AF
SUBJECT: MP MALALAI JOYA VOTED OUT OF PARLIAMENT
REF: KABUL 1605
Classified By: Political Counselor Sara Rosenberry for reasons 1.4 (b)
and (d)
--------------
SUMMARY
--------------
1. (C) On May 21, the Lower House plenary session voted
almost unanimously to expel Farah Province MP Malalai Joya
from Parliament permanently for making (during a CNN profile
that was rebroadcast by Tolo TV and then shown on the floor
of parliament) what were perceived as deeply offensive
comments about Parliamentarians. There nevertheless are
questions about the constitutionality of parliament's move to
dismiss her and the referral of her case for prosecution.
Joya's case, like the case of the no-confidence vote against
Foreign Minister Spanta, may end up in the Supreme Court,
where it has the potential to set precedent not just about
the law itself, but the role of the court in resolving
Constitutional issues. END SUMMARY.
--------------
Parliament Expels MP
--------------
2. (SBU) After a lengthy debate on the plenary floor, the
Lower House voted almost unanimously on May 21 to suspend MP
Malalai Joya from the Parliament for the rest of the
electoral cycle. The action followed remarks Joya made on a
CNN program, rebroadcast on Tolo TV, and then shown on the
floor of parliament. While Joya has frequently made
disparaging remarks about the Parliament and its members, her
most recent comments -- that Parliament was "worse than
animals in a stable" made a response inevitable. For an
Afghan, being compared to an animal is a grievous insult. No
one has stepped forward to defend Joya, not even secular,
reform-minded women who see her as complicating their
efforts. Joya's salary will be suspended, and she will lose
all privileges (including an allowance to cover security,
transportation, and other costs) for the remainder of the
Parliamentary cycle. The legal grounds for her expulsion are
not clear. USAID/SUNY (State University of NY) parliamentary
advisor notes that there is no provision for parliamentary
punishment or expulsion in the Afghan constitution. Even the
provisional Rules of Procedure for the Wolesi Jirga do not
seem to exactly address cases of this nature.
--------------
Parliament Intends to Prosecute MP
--------------
3. (C) The Lower House Committee for MP Safety and
Privileges plans to refer Joya's case to the Attorney General
for possible prosecution. MPs have cited three possible
grounds for prosecution: (1) that Joya violated Article 24 of
the constitution (which guarantees the protection of human
dignity),(2) that she violated parliamentary rules of
procedure that prohibit MPs from insulting one another,
and/or (3) that she violated the country's defamation law.
(Note: Post and UNAMA share the view that these all represent
shaky grounds constitutionally. End Note.) Article 101 of
the Constitution says no MP can be prosecuted for views
expressed during performance of duty, but MPs on the Safety
and Privileges Committee pointed out during the plenary
debate that Joya made her comments to CNN while physically
outside of the Parliament building.
--------------
COMMENT
--------------
4. (C) We have heard reports that opponents of reformers
have a list of Ministers and officials they are targeting for
removal, but Joya has not been mentioned as being on the
list. She is a unique case in that she has alienated even
most reformers in and outside of Parliament. In that sense
KABUL 00001747 002 OF 002
she may not be considered as a significant political threat
to the anti-reformers, but she does have many enemies and may
well have well-founded security concerns.
5. (C) The action taken against Joya may not be based on
clear rules, but, like the no-confidence votes on the Foreign
Minister and Refugee Minister a week earlier (Ref),it has
the potential of setting a significant precedent relating to
parliamentary power. The case, like that of ForMin Spanta,
may end up in the Supreme Court.
WOOD