FEMALE LAWYERS MAY SOON HAVE RIGHT TO PRACTICE IN

C O N F I D E N T I A L RIYADH 000368

SIPDIS

SIPDIS

G/IWI FOR ANDREA BOTTNER; NEA/ARP FOR BRIAN SHUKAN, ROBERT
JACHIM

E.O. 12958: DECL: 02/24/2017
TAGS: PGOV PREL PINR KISL KWMN SA
SUBJECT: FEMALE LAWYERS MAY SOON HAVE RIGHT TO PRACTICE IN
OWN OFFICES

REF: 06 RIYADH 6473

Classified By: Acting Deputy Chief of Mission David Rundell
for reasons 1.4(b) and (d).


1. (C) SUMMARY: Minister of Justice Dr. Abdullah bin
Mohammad bin Al-Sheikh announced at the inauguration of the
third Annual Meeting of Arbitrators on January 30 that a new
consultancy law allowing female lawyers to open their own
legal consulting firms is under consideration. As proposed,
the law will enable women to license their own legal
consulting firms -- something previously prohibited -- and
establishes licensing guidelines and provisions for
continuing legal education for female lawyers. However, the
consulting firms would be limited to advising female clients
on women's issues and family matters; female lawyers will not
be able to represent their clients inside the courtroom. In
a meeting with the Senior Coordinator for International
Women's Issues Andrea Bottner, Deputy Minister of Justice
Sheikh Abdullah bin Mohammad Al-Yahya hailed the new law as a
positive step for women, but cautioned that it is not a move
to grant women the right to practice in the courtroom. He
stated that although there are no plans to admit female
lawyers to the courtroom, this new law, if passed, is an
important milestone for women. Female lawyers and law
students praised this announcement and remain confident that
it will be a step towards full access to clients and
courtrooms for women practicing law in Saudi Arabia. END
SUMMARY.


2. (C) Minister of Justice Dr. Abdullah bin Mohammad bin
Al-Sheikh announced at the inauguration of the third annual
meeting of arbitrators in the Eastern Province on January 30
that a special committee in the Ministry of Justice is
currently reviewing a new legal consulting law that will
expand the role of women in the legal profession. Overriding
current practice, the law will enable women to obtain
licenses to open their own legal consulting firms. It also
proposes to establish licensing guidelines and guidelines for
providing women with additional legal training. However,
female lawyers will be limited to advising female clients on
women's issues and family matters. They will not be able to
represent their clients inside the courtroom, only advise
them prior to court proceedings. This proposed law comes on
the heels of the Ministry of Commerce and Industry's January
licensing, the first of its kind, of a real estate office in
Jazan that is run by women. Additionally, last August, the
Ministry of Commerce and Industry issued a decree allowing
female engineers to open their own engineering offices. This
decree resulted in the licensing of dozens of female-operated
engineering offices in the Kingdom (reftel).


3. (C) Senior Coordinator for International Women's Issues
Andrea Bottner discussed the new consultancy law in a meeting
with Deputy Justice Minister Sheikh Abdullah bin Mohammad
Al-Yahya on February 4. Al-Yahya stated that it is important
to utilize the skills of existing female lawyers and upcoming
female law graduates in Saudi Arabia. As such, he said, the
law will allow women to (1) advise judges in their chambers
-- not in their courtrooms, and (2) advise women on women and
family issues in private offices and in matters of
arbitration. He repeatedly stated in the meeting that women
will not be allowed to practice in the courtroom and denied
any possibility of this occurring in the future. Al-Yahya
qualified his position, saying "Women need to be protected
from exploitation through employment opportunities that are
suitable to their nature." Al-Yahya claimed that by
enforcing segregation and preventing "gender mixing" in the
courtrooms, "women's privacy is preserved" -- something he
said is critical to both Saudi culture and Islam. He
continued that this legal obstacle to women's right to
practice law in full will not impede women's creativity or
freedom in the workplace, since it is consistent with the
Quran. Al-Yahya closed the meeting by reiterating the
importance of this law in both protecting and affording women
their "equal" rights under Shari'a law.


4. (C) In discussions with Senior Coordinator Bottner and
follow on meetings with PolOff several female lawyers based
in Riyadh lauded the Ministry of Justice for considering this
law They all commented positively about its significance and
look forward to its imminent implementation. The women
unanimously said that all reforms in Saudi Arabia must occur
slowly in order to be accepted by society. Although this new
law does not allow full access to the legal profession, they
stated that it is an important step in the right direction.
By allowing women to have licenses to open their own offices,
the law will create more job opportunities for women, empower
women to raise awareness of their rights, and increase

protections for women under law. They also said the law will
provide a career path for future Saudi female law graduates
that was previously unavailable. The female law students
agreed with this analysis and added that with this positive
step, they hope to be able to have even more freedom in their
law practices by the time they graduate. (NOTE: Female law
student programs are relatively new in Saudi Arabia, with
only two universities in Riyadh offering such programs. The
first class of students will graduate in 2010; therefore they
have time to monitor developments and push this issue in the
political environment. END NOTE.)


5. (C) COMMENT: Typically a more conservative ministry, it
is yet another promising indicator in the ongoing push for
reform in the Kingdom that the Ministry of Justice is
considering this consultancy law. If implemented, it will
expand the role of female lawyers within the legal
profession and, through their proposed advisory role with
judges, facilitate greater participation by women in the
courts. Additionally, providing women with increased access
to legal representation will help them to better understand
their legal rights under Shari,a, as well as give them a
voice in the judicial process. END COMMENT.
OBERWETTER