RESPONSE TO RFG: AFGHAN SHI'A LAW ON COUNCIL AGENDA

C O N F I D E N T I A L KABUL 002657 SIPDIS E.O. 12958: DECL: 09/01/2019 TAGS: PGOV PREL AF SUBJECT: RESPONSE TO RFG: AFGHAN SHI'A LAW ON COUNCIL AGENDA REF: A. USNATO 372 ¶B. KABUL 1860 ¶C. KABUL 2365 Classified By: Political Counselor Annie Pforzheimer for reasons 1.4 (b ) and (d). ¶1. (U) This is in response to USNATO request for guidance on how NATO should respond to the revised Shia Personal Status Law (SPSL) (ref A). ¶2. (U) We recommend NATO focus its attention on improving women's rights in Afghanistan by supporting Afghan civil society. At this time, the majority of Afghan civil society organizations have chosen not to focus their energy on further revising the SPSL. Rather, they have stressed the importance of publishing and enforcing the law on the Elimination of Violence Against Women (EVAW),which they agree is a strong law which will protect women's rights. We recommend NATO also voice its support of this law. ¶3. (C) The majority of Afghan civil society representatives with whom we have spoken say that the published version of the SPSL is a step forward in advancing women's rights. They are proud of their efforts and accomplishments in pressing President Karzai and the Ministry of Justice to revise the original version of the law. However, civil society representatives agree that there is still room for improvements in the law. ¶4. (C) Civil society is currently divided over whether now is the time to work for further revisions to SPSL. Dr. Sima Samar of the Afghan Independent Human Rights Commission told the Deputy Ambassador on August 15 that no further improvements could be made at this time (ref C). Since August 15, other active members of civil society, including Orzala Nemat Ashraf, a consultant for a number of Afghan NGOs, and Nilofar Sakhi of Open Society Institute, have voiced concern to us that Dr. Samar's approval of the published version of the SPSL was "politically motivated." However, civil society organizations who advocate pressing for additional improvements in the SPSL, have yet to articulate a clear way forward. The majority of activists with whom we have spoken agree that right now is not the moment to advocate further changes in the SPSL. ¶5. (SBU) According to the EU's August 18 letter to President Karzai, there are "over a dozen articles" in the published law which are "in direct contradiction to the international legal obligations of the Islamic Republic of Afghanistan." We, too, judge that several articles still contradict Afghan women's constitutional right to equality (ref B). EIKENBERRY