EVAW READY TO PUBLISH, MPS PUSH IMPROVEMENTS

UNCLAS SECTION 01 OF 02 KABUL 003210 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM PREL KDEM AF SUBJECT: EVAW READY TO PUBLISH, MPS PUSH IMPROVEMENTS REF: KABUL2365 ¶1. (U) SUMMARY: The Minister of Justice told the Deputy Ambassador on September 28 that the law on the Elimination of Violence Against Women is currently in the MOJ printing department, ready for official publication. Simultaneously, the Women's, Human Rights, and Civil Society Committee in the lower house of Parliament is revising the soon-to-be published law to make it more enforceable in the future. The full house will begin debating the revised law in the weeks ahead, and it could take several months for Parliament to approve a new version. While the publication of EVAW will be an important step forward for women's rights, Afghanistan has a long way to go in improving the institutions that will allow the law to be effectively implemented. The pending publication of EVAW and the Women's Committee's efforts to improve the law are positive efforts that we are seeking to expand. END SUMMARY. -------------- EVAW: Prepared for Publication -------------- ¶2. (SBU) Minister of Justice Danesh told the Deputy Ambassador in a September 28th meeting that the Law on the Elimination of Violence Against Women (EVAW) is currently at the MOJ printing press, and should be printed "within a few days." As of October 12, it had not yet been printed. Minister of Women's Affairs Ghazanfar announced to visiting representatives from the Congressional Research Service on October 12 that the law would be published "within the next two or three days." However, the law, which was signed by Presidential decree on July 19 during a parliamentary recess, already appears on the MOJ website. According to Article 44 of the law, it "shall be enforced from the date of publication in the official gazette." Minister Danesh gave no indication as to why the MOJ has taken over two months to publish EVAW, versus the eight days they needed to publish the Shia Personal Status Law (SPSL),which the President also signed on July 19. The Minister assured the Deputy Ambassador he understood the international community's interest in the EVAW and SPSL, and agreed with the Deputy Ambassador's exhortation to "keep working for women's and men's rights." -------------- The Path to Improvement -------------- ¶3. (SBU) Over the past several months, numerous civil society representatives and progressive MPs have expressed their strong approval of EVAW (reftel). They are without reservation in favor of a law that will protect women from all forms of violence. However, the version of the law that President Karzai signed is not as strong as it could be. The Criminal Law Reform Working Group (CLRWG),composed of both international and Afghan legal experts, submitted suggested revisions on EVAW to the legislative drafting office of the MOJ in June. The MOJ only accepted approximately ten percent of their recommendations. While the law is an important piece of legislation and a step forward for human rights in Afghanistan, the CLRWG convincingly argues that it is not yet as strong as it needs to be in order to be most effective. ¶4. (SBU) In early September the MOJ passed the signed EVAW law to the Parliament for their review, per Article 79 of Afghanistan's Constitution applying to laws signed during Parliamentary recess. The CLRWG, co-chaired by the UNODC and the INL-funded Justice Sector Support Program, met with the Women's, Civil Society, and Human Rights Committee (the Committee) in the lower house of Parliament on October 4 to encourage the Committee to amend the law. The CLRWG is pressing for the same changes they initially proposed to the MOJ before the law was signed. In order to revise the EVAW law, the Parliament will need to amend the soon-to-be published version after it is in the legal gazette. The CLRWG proposed revisions based on the rationale that "effective protection of women is possible only when the law can be effectively implemented in a way that achieves its desired aims." Given Minister Danesh's comment to the Deputy Ambassador that, in Afghanistan, "laws are generally well-intentioned, but there are problems implementing them," efforts to ensure EVAW can actually be enforced are important. ¶5. (SBU) CLRWG representative Michael Hartmann provided the Committee with suggestions on how to improve the law in key areas which would align the law with the already-existing penal code, improve enforceability, and remove criminalization of non-criminal acts (such as cursing). The CLRWG recommended a number of EVAW articles be amended to refer to or amend the penal code. According to CLRWG's analysis this would strengthen, rather than override or KABUL 00003210 002 OF 002 contradict, criminal law in Afghanistan. For example, the group recommended EVAW include an article amending Article 427 of the penal code, which currently criminalizes adultery. The amended language would separately and more harshly criminalize rape. Amending the penal code would also ensure that male victims of rape are provided the same rights as female victims. The CLRWG recommended language in seven articles of the EVAW law that more precisely defines the material elements of prohibited conduct. The revised language more clearly defines crimes, thus making it easier for prosecutors to prove that a crime was committed. Additionally, the CLRWG suggested the Committee remove "unrealistic promises" included in the law, such as mandatory government-provided legal aid and prioritization of EVAW cases, which either violate others' rights or are simply impossible given the current legal infrastructure in Afghanistan. ¶6. (SBU) Members of the Committee who participated in the meeting, including MPs Tahera Meherzada (Tajik, Kapisa), Sabrina Saqib (Tajik, Kabul),Babrak Shinwari (Pashtun, Nangarhar),and Sadat Fatahi (Tajik, Herat),as well as two legal advisors, appeared to agree with CLRWG's October 4 presentation. They were receptive to the groups' suggestions, though Shinwari noted that any changes they make must "be in line with Afghan culture." He was certain that some MPs in the lower house would oppose the solutions to women's right violations proposed in the EVAW law. Saqib, however, was optimistic that conservative elements in Parliament would allow the changes, particularly those which either remove articles completely or refer back to the penal code. -------------- The Long Road Ahead -------------- ¶7. (SBU) There is still a long road ahead to Parliament's approval of an amended EVAW law. The Committee expects to receive input on the law from Afghan civil society leaders shortly. They will then share the law with international organizations for their feedback. Once the Committee has agreed on revised language, they will send EVAW to representatives from 18 other Parliamentary committees for their review. The entire lower house was scheduled to debate the law on October 13, however, the Committee chair recently requested an extention. Abdul Ghafar Jamshedee, Deputy Secretary General of the lower house, said it will be a "tough debate" which will likely continue for several sessions. He said passing the revisions "will not be easy... Afghanistan is a conservative country." Once the lower house approves a revised version, the upper house will still need to debate and approve the law. As both houses of Parliament have reached quorum only once in the last three months, the process of reviewing and revising the EVAW law is likely to drag out well into 2010. This, however, is a speedy improvement compared to Parliamentary review of past Presidential decrees, which has sometimes taken years to even initiate. International interest in the law likely pressured government officials to hasten the legislative process for EVAW. ¶8. (SBU) Once EVAW is published in the official gazette, and even before the necessary revisions are in place, the immediate task will be to continue to strengthen the institutions that support the effective implementation of the law. Afghanistan needs to continue to train police to work with women victims of violence, provide legal assistance, and educate lawyers and judges familiar with the country's new, progressive laws. Manizha Naderi, Director of Women for Afghan Women and the head of a women's shelter in Kabul, warned that most provincial courts will not likely enforce EVAW any time soon. ¶9. (SBU) COMMENT: The current, signed version of the EVAW law will remain in effect from its publication until the possible publication of a revised version. Extremely dedicated Afghan women's rights activists and progressive members of Parliament worked hard to draft a law that would protect women. However, in order for the law to be most effective, it is important Parliament review and rwill continue to support. END COMMENT. EIKENBERRY