SHIA FAMILY LAW: PALACE LOOKS TO RETURN

UNCLAS SECTION 01 OF 02 KABUL 000896 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL PHUM AF SUBJECT: SHIA FAMILY LAW: PALACE LOOKS TO RETURN LEGISLATION TO PARLIAMENT TO SLOW ROLL REF: A. KABUL 868 ¶B. KABUL 845 ¶C. KABUL 837 ¶1. (SBU) SUMMARY. The Justice Ministry is in ongoing talks with civil society and foreign mission representatives to consider the latters' recommendations on how to revise and improve the existing legislation. The Palace plans to have the Justice Ministry return the legislation to Parliament, where it expects the legislation to languish, as nearly all Parliamentary work normally does. Polcouns and the leading protagonist in Parliament met 4/9. The MP charged that public perception of U.S. interference in Afghan religious affairs would damage U.S. interests here. Polcouns objected to certain content of the legislation, contending the provisions violated the Afghan Constitution and the government's international obligations. Charge will keep up pressure on the government to hold to its pledge not to gazette when he sees the Justice Minister and Chief Justice next week. -------------- -------------- Palace: Using Parliament inefficiency to put the issue away -------------- -------------- ¶2. (SBU) Chief of Staff Daudzai informed DCM on 4/9 that Karzai continued to hold to the plan he told SRAP Holbrooke on 4/6 (septel): the government will not publish the Shia Family Law in the official legal gazette, but will send it "back to Parliament" through a series of legal reviews involving civil society, the international community, and religious scholars, led by the Justice Ministry's legislative affairs department ("taqnin"). Daudzai expects Parliament's notorious inefficiency (constant failure to reach quorums, undisciplined agenda management, easy distraction by news item of the day) will serve the Palace's objective of burying the issue at the bottom of the Parliament's agenda. ¶3. (SBU) Daudzai told the DCM the Palace did not expect great objection from the Shia community once it became clear the legislation would be delayed. Karzai had expected to see and hear heated objection at his 4/6 meeting with Shia elders. It became clear from the Shia leaders' attitude at the meeting that the Palace could tolerate the political heat if it delayed action. -------------- Stakeholders: Justice Ministry consultations -------------- ¶4. (SBU) Justice Minister Danesh has met separately with civil society representatives and members of the diplomatic community to hear their concerns regarding the law. Participants at each meeting reported that Minister Danesh began each meeting defending the law as a means to support Shia jurisprudence, and contended no changes were necessary. Participants reported that at the conclusion of each meeting, Danesh told each group that he understood the seriousness of their concerns, and the government would address them in the review process (no further info). The Justice Ministry will conduct similar consultations with MPs and Shia religious leaders soon. ¶5. (SBU) The EU, Norway, Switzerland and Canada are coordinating a joint demarche on the Shia Law issue. The missions have reached consensus on language that welcomes the government's decision not to publish the law in the official gazette pending MOJ consultations with stakeholders. It calls on the government to redraft the law in such a way that it will be in accordance with the international conventions. EU missions are awaiting final clearance from Brussels before the EU troika missions and the three non-EU partners deliver the demarche, most likely to FM Spanta. -------------- -------------- MP Balkhi: Objection to US interference in Afghan religious affairs -------------- -------------- ¶6. (SBU) On 4/9, Polcouns and Lower House MP Hossain Balkhi (Kabul, Hazara) exchanged views on the law. Polcouns declared firmly the United States' objection to certain content of the legislation, contending the provisions violated the Afghan Constitution and the government's binding international commitments to equal protection for all Afghan citizens. He reiterated U.S. support for the government's decision not to gazette the legislation and to seek a solution to ensure Afghan law was consistent with the Constitution and the government's international agreements. ¶7. (SBU) Balkhi, the chief protagonist of the legislation KABUL 00000896 002 OF 002 within the Parliament and one of the most conservative of Shia MPs, contended that the law was not as problematic as the international community believed, and that certain elements in the Palace or Parliament were misrepresenting the law to the internationals, for their own agenda. He warned that U.S. interests could suffer if the Afghan public began to believe the United States was interfering in Afghan religious affairs, an action the United States had promised not to do. Polcouns countered Balkhi's assertion, and reiterated our position that the legislation was inconsistent with the Constitution and international agreements. The discussion ended with a clearer understanding of the respective positions, but without conclusion. -------------- Next steps -------------- ¶8. (SBU) SRAP Holbrooke has directed the Embassy to follow SRSG Eide's guidance to "bury" the issue. Embassy Kabul has monitored, but not engaged with the Justice Ministry process on seeking improvements to the legislation. While remaining outside the consultation process, Embassy front office, Rule of Law and Political sections are studying the law closely and consulting with diplomatic partners on details of the problematic provisions and the changes civil society and the internationals are seeking. It appears some form of revised legislation will go back to Parliament. Daudzai is likely correct that the legislation could fall to the bottom of the agenda. On the other hand, Balkhi and/or other MPs could try to revive the legislation once it returns to Parliament. We will be prepared if Department determines Embassy should get in the game on the legal consultations. The Deputy Minister of Justice has already asked us to do so. ¶9. (SBU) The Embassy will also continue active work on the policy front. Charge Ricciardone will meet next week with Justice Minister Danesh and Supreme Court Chief Justice Azimi to ensure the Administration abides by its commitment not to gazette and to stay on its slow roll plan. Other Embassy officers will continue close contact with the Palace, Parliament, Justice Ministry, Foreign Ministry and outside stakeholders to ensure success on our plan to eviscerate this abhorrent legislation. RICCIARDONE