Identifier
Created
Classification
Origin
09KABUL1150
2009-05-06 09:08:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kabul
Cable title:
SHIA FAMILY LAW: MOMENTUM TOWARDS A MORE
how-toVZCZCXRO7450 PP RUEHDBU RUEHPW DE RUEHBUL #1150/01 1260908 ZNR UUUUU ZZH P 060908Z MAY 09 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC PRIORITY 8749 INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY RUCNDT/USMISSION USUN NEW YORK PRIORITY 4474 RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY RUEKJCS/SECDEF WASHINGTON DC PRIORITY RUEKJCS/OSD WASHINGTON DC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY RHEFDIA/DIA WASHINGTON DC PRIORITY
UNCLAS SECTION 01 OF 02 KABUL 001150
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: KPOL PREL PHUM AF
SUBJECT: SHIA FAMILY LAW: MOMENTUM TOWARDS A MORE
PROGRESSIVE LAW
REF: KABUL 971
UNCLAS SECTION 01 OF 02 KABUL 001150
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: KPOL PREL PHUM AF
SUBJECT: SHIA FAMILY LAW: MOMENTUM TOWARDS A MORE
PROGRESSIVE LAW
REF: KABUL 971
1. (U) SUMMARY: In an April 28 meeting with President
Karzai, civil society representatives and several MPs
discussed specific concerns regarding the Shia Family Law
(reftel) and delivered an alternate, progressive draft law.
Two days later, faculty at private law school Ketab
University held a gathering in support of their own
relatively progressive draft Shia Family Law, which backer
Afghan Independent Human Rights Commission (AIHRC) Chair Sima
Samar had presented to Karzai several months ago. Meanwhile
the Ministry of Justice (MOJ) initiated its review of the law
signed by Karzai. Lower House MP and Women's Affairs
Committee Chairwoman Tahera Meherzada (Kapisa, Tajik) told us
many MPs regretted voting for the Shia Family Law. She
predicted Parliament would support a more egalitarian bill.
Finally, Embassy is reviewing a proposal from Bamyian and Dai
Kundi Province Shia women for a Kabul Shia Family Law
conference.
Two Alternate Drafts
--------------
2. (U) In an April 28 meeting with Karzai, MPs Fawzia Kofi
(Badakhshan, Tajik),Sabrina Saquib (Kabul, Tajik) and
Shinkai Karokhail (Kabul, Pashtun),and approximately 40
civil society representatives discussed specific concerns
regarding the Shia Family Law and presented Karzai with their
own draft law. According to several attendees, Karzai
described his signing of the Shia Family Law as "a mistake by
his team" and claimed his advisors had not thoroughly briefed
him on the law's provisions. Karzai did not agree to any
specific change but promised MOJ's modifications would
satisfy civil society. Department of State 2009 Women of
Courage Awardee and Global Rights Country Director Wazhma
Frogh described the conversation as "extremely positive," and
said she was impressed by how receptive Karzai was to the
group's demands.
3. (U) Meanwhile, faculty at Kateb University-a private,
secular law school widely rumored to receive funding from
Iranian sources-hosted an April 30 discussion in support of
their own draft Shia Family Law. (The university presented
its draft to Karzai several months ago through supporter
AIHRC Chair Sima Samar.) The university's draft law contained
several positive provisions such as providing for women's
freedom of movement. According to Wazhma Frogh, backer of
civil society's draft, however, the university's version was
not as progressive as civil society's. University Director
Amin Ahadi said laws should adapt to modern times and the
needs of the people rather than attempt to replicate customs
and traditions from the beginning of Islam. Samar and MP
Fatima Nazari (Kabul, Hazara) attended along with
approximately 150 others, mostly Shia Hazaras.
MOJ review process: Underway
--------------
4. (U) Ministry of Justice started its review of the law,
which will likely be a lengthy process. Although our
position is that the review process be Afghan-led, Embassy
officers are closely monitoring MOJ's efforts and will
suggest progressive modifications as appropriate to bring the
law into line with the Afghan constitution and human rights
and civil rights principles.
Women's Affairs Committee Chairwoman: MPs to Support More
Progressive Law
--------------
5. (U) Lower House MP and Chair Women's Affairs Committee
Tahera Meherzada (Kapisa, Tajik),is confident the re-draft
of the Shia Family Law will be much more egalitarian. Many
MPs regret voting for the Shia Family Law and would now
support a more progressive version, she said. Her
understanding was that the government will submit the bill to
Parliament for approval upon completion of MOJ's review.
Bamyian and Dai Kundi Women Speak Up: Possible Shia Family
Law Conference
--------------
KABUL 00001150 002 OF 002
6. (SBU) Women leaders from Bamyian and Dai Kundi provinces
approached Bamyian PRToff and requested support for a Kabul
Shia Family Law Conference. INL's review of the proposal is
ongoing.
Comment
--------------
7. (SBU) The civil society representatives who met with
Karzai are experienced advocates. That they saw Karzai's
promise to revamp the law as a serious commitment means
Karzai either put on an exceptionally good show or truly
regretted how the law turned out. However, Embassy contacts
who supported the law's original text and have met with
Karzai to urge him not to modify the language report that
Karzai has been receptive to their lobbying efforts. Some
conservative Shias claim that Karzai promised them he would
protect the original intent of the law. MOJ will likely use
the law signed by Karzai as its base rather than adopt one of
the two alternate drafts. Embassy will continue to pressure
Karzai and other relevant government actors to support a
version protective of women's rights.
RICCIARDONE
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: KPOL PREL PHUM AF
SUBJECT: SHIA FAMILY LAW: MOMENTUM TOWARDS A MORE
PROGRESSIVE LAW
REF: KABUL 971
1. (U) SUMMARY: In an April 28 meeting with President
Karzai, civil society representatives and several MPs
discussed specific concerns regarding the Shia Family Law
(reftel) and delivered an alternate, progressive draft law.
Two days later, faculty at private law school Ketab
University held a gathering in support of their own
relatively progressive draft Shia Family Law, which backer
Afghan Independent Human Rights Commission (AIHRC) Chair Sima
Samar had presented to Karzai several months ago. Meanwhile
the Ministry of Justice (MOJ) initiated its review of the law
signed by Karzai. Lower House MP and Women's Affairs
Committee Chairwoman Tahera Meherzada (Kapisa, Tajik) told us
many MPs regretted voting for the Shia Family Law. She
predicted Parliament would support a more egalitarian bill.
Finally, Embassy is reviewing a proposal from Bamyian and Dai
Kundi Province Shia women for a Kabul Shia Family Law
conference.
Two Alternate Drafts
--------------
2. (U) In an April 28 meeting with Karzai, MPs Fawzia Kofi
(Badakhshan, Tajik),Sabrina Saquib (Kabul, Tajik) and
Shinkai Karokhail (Kabul, Pashtun),and approximately 40
civil society representatives discussed specific concerns
regarding the Shia Family Law and presented Karzai with their
own draft law. According to several attendees, Karzai
described his signing of the Shia Family Law as "a mistake by
his team" and claimed his advisors had not thoroughly briefed
him on the law's provisions. Karzai did not agree to any
specific change but promised MOJ's modifications would
satisfy civil society. Department of State 2009 Women of
Courage Awardee and Global Rights Country Director Wazhma
Frogh described the conversation as "extremely positive," and
said she was impressed by how receptive Karzai was to the
group's demands.
3. (U) Meanwhile, faculty at Kateb University-a private,
secular law school widely rumored to receive funding from
Iranian sources-hosted an April 30 discussion in support of
their own draft Shia Family Law. (The university presented
its draft to Karzai several months ago through supporter
AIHRC Chair Sima Samar.) The university's draft law contained
several positive provisions such as providing for women's
freedom of movement. According to Wazhma Frogh, backer of
civil society's draft, however, the university's version was
not as progressive as civil society's. University Director
Amin Ahadi said laws should adapt to modern times and the
needs of the people rather than attempt to replicate customs
and traditions from the beginning of Islam. Samar and MP
Fatima Nazari (Kabul, Hazara) attended along with
approximately 150 others, mostly Shia Hazaras.
MOJ review process: Underway
--------------
4. (U) Ministry of Justice started its review of the law,
which will likely be a lengthy process. Although our
position is that the review process be Afghan-led, Embassy
officers are closely monitoring MOJ's efforts and will
suggest progressive modifications as appropriate to bring the
law into line with the Afghan constitution and human rights
and civil rights principles.
Women's Affairs Committee Chairwoman: MPs to Support More
Progressive Law
--------------
5. (U) Lower House MP and Chair Women's Affairs Committee
Tahera Meherzada (Kapisa, Tajik),is confident the re-draft
of the Shia Family Law will be much more egalitarian. Many
MPs regret voting for the Shia Family Law and would now
support a more progressive version, she said. Her
understanding was that the government will submit the bill to
Parliament for approval upon completion of MOJ's review.
Bamyian and Dai Kundi Women Speak Up: Possible Shia Family
Law Conference
--------------
KABUL 00001150 002 OF 002
6. (SBU) Women leaders from Bamyian and Dai Kundi provinces
approached Bamyian PRToff and requested support for a Kabul
Shia Family Law Conference. INL's review of the proposal is
ongoing.
Comment
--------------
7. (SBU) The civil society representatives who met with
Karzai are experienced advocates. That they saw Karzai's
promise to revamp the law as a serious commitment means
Karzai either put on an exceptionally good show or truly
regretted how the law turned out. However, Embassy contacts
who supported the law's original text and have met with
Karzai to urge him not to modify the language report that
Karzai has been receptive to their lobbying efforts. Some
conservative Shias claim that Karzai promised them he would
protect the original intent of the law. MOJ will likely use
the law signed by Karzai as its base rather than adopt one of
the two alternate drafts. Embassy will continue to pressure
Karzai and other relevant government actors to support a
version protective of women's rights.
RICCIARDONE