ELIMINATION OF VIOLENCE AGAINST WOMEN LAW: MOJ

UNCLAS KABUL 001173 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PREL PHUM KDEM AF SUBJECT: ELIMINATION OF VIOLENCE AGAINST WOMEN LAW: MOJ DRAFT COMPLETE ¶1. (U) SUMMARY: The Ministry of Justice (MOJ) has completed its initial review of a draft Elimination of Violence Against Women (EVAW) law. Embassy review is ongoing, but the draft law is a much needed effort to identify and criminalize the myriad types of violence Afghan women face. Several MPs and civil society actors have urged Embassy to support the bill, although one prominent activist criticized the bill as not going far enough to address the societal reasons behind domestic violence. MOJ is holding a series of meetings to receive feedback on the draft. Once the review period is complete, the bill goes to the Cabinet and then to Parliament. Embassy is closely monitoring the review process and regularly stresses our support of the bill to relevant government officials. Content -------------- ¶2. (U) The EVAW draft law states "violence against women is a crime and the perpetrator shall be punished based on the provisions of this law." The draft defines violence against women as, inter alia, rape; immolation; forced suicide; battery or beating; baad (the giving of a female relative to another family to settle a dispute); forced and underage marriages; the marrying of additional wives in a manner that violates the Afghan civil code (which requires the husband to treat all wives equally); humiliation, intimidation, and the refusal of food. Penalties include prison terms of less than six months to the death penalty depending on the severity of the injury. The law also provides for cancellation of baad, forced, and underage marriages. Under the law, victims have the right to prosecute abusers, as well as to shelter in a safe house, free emergency health services, and legal aid. MOJ Receiving Comments from Civil Society -------------- ¶3. (SBU) MOJ had combined three separate draft EVAW laws (one from civil society, one from the Ministry of Women's Affairs, and one from MP Yazdan Parast) into one nine-page, four-article law. Several women's rights and human rights organizations provided MOJ with feedback to the draft in a May 4 meeting. Global Rights Director and lead civil society drafter Wazhma Frogh said she was concerned MOJ's draft did not address societal factors causing violence against women such as poverty and traditional beliefs. However, she described the MOJ official who led the review meeting, Adalat Khwa, as receptive and open to the group's suggestions. A second meeting is scheduled for May 7. Embassy review of the draft law is ongoing. Female MPs: Ask for Embassy Support -------------- ¶4. (SBU) Lower House MP Qadria Yazdan Parast (Kabul, Tajik) urged the international community to focus on the EVAW law as it had on the Shia Family Law. Poloff assured Parast the Embassy had repeatedly raised the EVAW law with MOJ leadership and was closely monitoring the current review. Lower House MP and Women's Affairs Committee Chair Tahera Meherza (Kapisa, Tajik) had not yet seen the current draft, but in general strongly supported the enactment of an EVAW law. She did not think other MPs would oppose the law. However, if MPs had questions or concerns the Women's Affairs Committee was prepared to provide further information. Lower House Speaker Qanooni had agreed to make the bill a priority, she said. Poloff reiterated the bill is also a high priority for the Embassy, and offered to meet with Speaker Qanooni on the issue. Comment -------------- ¶5. (U) The EVAW draft law is a progressive piece of legislation, much needed to protect women and strengthen Afghanistan's rule of law. It is difficult to predict whether the bill will pass with ease through Parliament or face difficulties. However, in contrast to the Shia Family Law, the EVAW law does not involve sensitive religious issues. Embassy will continue to engage Afghan officials on the EVAW draft law to ensure a thorough and timely review. RICCIARDONE