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