DRAFT LAW THREATENS WOMEN'S RIGHTS

C O N F I D E N T I A L DAMASCUS 000474

SIPDIS

DEPARTMENT FOR PRM, NEA/ELA, DRL/JBARGHOUT
LONDON FOR TSOU
PARIS FOR MILLER

E.O. 12958: DECL: 07/06/2019
TAGS: PHUM PGOV KWMN SCUL SY
SUBJECT: DRAFT LAW THREATENS WOMEN'S RIGHTS

Classified By: CDA Raymond D. Maxwell for reasons 1.4 (b) and (d).


1. (C) Summary: The SARG is considering a new "personal
status" law that many in the human rights and legal
communities view as a major step backward for women's rights.
The bill allegedly was killed in the parliament and later
resurrected by PM Muhammad al-Utri. The future of the bill is
unclear, but the secrecy of the decision-making process
already has enraged many Syrians. End Summary.


2. (C) The Syrian Parliament and Ministry of Justice are
considering a new "personal status" law that many lawyers and
activists believe will bring Syria back to the "Ottoman
period," according to lawyer and women's rights activist Daad
Mousa (strictly protect). According to the Syrian Women
Observatory (SWO),the draft, leaked several months ago to
various websites and human rights groups, would reduce the
legal age of marriage for girls from 17 to 13, reaffirm that
women should not leave the home or take a job without prior
approval of their husbands, and discriminate between
religious sects in legal divorce and child custody.


3. (SBU) The bill was introduced three months ago and has
received heavy criticism since then. As a result, Speaker of
the Parliament Mahmud al-Abrash reportedly withdrew the bill
from consideration on June 29. But on July 2, PM Utri said
reports about the bill's withdrawal were false and the
drafting committee was still revising it. When the revision
process is completed, PM Utri said, the committee will
present the bill to the People's Assembly.


4. (SBU) Many Syrians are publically critical of the
closed-door process lawmakers followed in drafting the law.
SWO President Bassam al-Qadi said the law was drafted with a
"backward mentality," and MP Muhammad Habbash, a conservative
Sunni religious leader, criticized the "secret drafting
committee" for not consulting non-Muslim religious leaders.
Christian leaders say the passage of the bill would enforce
laws contrary to their faith on issues such as divorce and
polygamy.


5. (C) Comment: Even if the personal status law does not
pass, its introduction signals that elements within the SARG
leadership are opposed to advancing a liberal women's rights
regime. The strong, public opposition to this bill
nonetheless demonstrates there are subjects upon which active
debate is tolerated. Of note, and in contrast to the bill, is
President Bashar al-Asad's recent repeal of the legal
protection of honor crimes in response to pressure from
women's rights groups including SWO. We are hearing from some
of our contacts that elements in the SARG want to keep the
bill alive in order to distract civil society activists from
other controversial issues, such as the new labor law draft
(septel) currently under consideration that has pitted labor
unions against struggling public and private industry.
MAXWELL