Identifier
Created
Classification
Origin
09KABUL2657
2009-09-01 13:28:00
CONFIDENTIAL
Embassy Kabul
Cable title:
RESPONSE TO RFG: AFGHAN SHI'A LAW ON COUNCIL AGENDA
how-toVZCZCXRO6046 OO RUEHDBU RUEHPW RUEHSL DE RUEHBUL #2657 2441328 ZNY CCCCC ZZH O 011328Z SEP 09 FM AMEMBASSY KABUL TO RUEHC/SECSTATE WASHDC IMMEDIATE 1283 RUEHNO/USMISSION USNATO IMMEDIATE 3856 INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
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).
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
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