NWFP: SWAT UPDATE - MILITANTS GAINING GROUND WITH NEW

C O N F I D E N T I A L PESHAWAR 000076 E.O. 12958: DECL: 4/22/2019 TAGS: PTER MOPS PGOV EAID PK SUBJECT: NWFP: SWAT UPDATE - MILITANTS GAINING GROUND WITH NEW SHARI'A LAW CLASSIFIED BY: Lynne Tracy, Principal Officer, U.S. Consulate Peshawar, Department of State. REASON: 1.4 (d) ¶1. (C) Summary and Comment. Following the signing of the Nizam-e-Adl regulation by President Asif Zardari on April 13, the residents of Swat District in the Northwest Frontier Province (NWFP) expected to experience a new sense of peace in their region. While targeted, high profile violence has come down since the peace deal giving Swatis some relief, the one-sided nature of the Swat peace agreement continues to emerge as militants show every sign of using the Nizam-e-Adl regulation to their advantage. Maulana Sufi Mohammad, leader of the Tehreek Nifaz-e-Shariat Muhammadi (TNSM) set two deadlines to have the current civil courts disbanded by April 23 and establish the Qazi courts under the new regulations in Malakand division by May 19. As the regulation's shari'a-based influence continues to spread across Swat and Malakand, the likelihood the militants will law down their arms and embrace peace becomes a less likely result. End Summary and Comment. SUFI MOHAMMAD CALLS COURTS "UN-ISLAMIC" -------------- ¶2. (SBU) On April 19, TNSM chief Maulana Sufi Mohammad held a rally in Mingora (Swat District) and described the current Supreme Court and four provincial High Courts as "un-Islamic" and unfit to hear appeals. Sufi also called all those who work for democracy to be "infidels" and noted that there was no room for democratic principles in Islam, assuring his listeners that all "un-Islamic" laws would be abolished in the region. Among other demands, Sufi called on the government to disband the current civil judicial system in the region by April 23. He further noted that the recent signing of the Nazim-e-Adl regulations assured the establishment of Darul Qaza (shari'a-based appellate courts),and he demanded the appointment of qazis in Malakand division and Kohistan district by May 19. In his address, he warned the government that if his demands were not met that he would be forced to stage a mass protest. (Note: A local contact from the Swat area told PO that many Swatis were disappointed with Sufi because he had directed all of his criticism at the government while saying nothing about militant violations of the peace deal.) APPREHENSION UNDER NEW SHARI'A LAW -------------- ¶3. (SBU) Under the current judicial system within Swat, there are reportedly a number of registered First Information Reports (FIRs) filed against local militants. However, Sufi Mohammad has publicly suggested that militants responsible for targeted killings should not be prosecuted. According to Swat contacts, local police are worried that if the civil courts are disbanded and Shari'a courts take control, these FIRs will be dismissed, further undermining the position of local law enforcement. ¶4. (SBU) Under the Constitution of Pakistan, the Supreme Court and NWFP High Court are to exercise jurisdiction in the Northwest Frontier Province (NWFP). However, under this Nizam-e-Adl regulation, the GOP has created an alternative court of appeal (Darul Qaza). The regulation also provides that qazis (judges) will be appointed, with preference given to those who have completed the shariah course. Contrary to assertions from provincial government officials to the Consulate, Sufi Mohammad has announced that the regular courts are barred from functioning in Swat and that he will recommend names for the qazi appointments. TALIBAN MARRIAGE BUREAU -------------- ¶5. (SBU) In what appears to be a new recruitment tool for TTP in Swat, militants announced the creation of a bureau to arrange "love" marriages for couples who had been denied marriage of choice by their families. After a potential client contacts the bureau for assistance, it will then contact the respective families for arrangements. In local media, Taliban spokesman Muslim Khan claimed that most of the females who have contacted the bureau have requested to be married to local taliban. (Note. Consulate contacts reported a similar recruiting tactic two years ago by local Taliban in the Waziristans. Militants forced families to lower the bride price thereby assisting poor young males who had no realistic hope of gaining a wife.) RESPONSES -------------- ¶6. (SBU) In response to Sufi's address and accusations against the country's high courts, Muttahida Qaumi Movement (MQM) leader Altaf Hussain announced his party's strong opposition (MQM abstained from the National Assembly vote on Nizam-e-Adl, the only party to protest the regulation in an meaningful way) and organized a conference of ulema in Karachi to voice religious opposition to TNSM's interpretation of Islam. MQM Minister for Overseas Pakistanis, Farooq Sattar, led a walkout and raised the issue in the National Assembly. In an attempt to quell a second potential walkout by the MQM, Interior Minister Rehman Malik announced that the federal government was reviewing the text of Sufi's speech and would take action if anything objectionable was found. ¶7. (SBU) Meanwhile, Prime Minister Gilani continued to defend Nizam-e-Adl and to dismiss U.S. concerns. NWFP Advocate General Ziaur Turangzai insisted April 21 that the Peshawar High Court would have full administrative control of the qazi courts established by the Nizam-e-Adl regulation. Responding to the rather awkward situation in which Pakistan's religious parties find themselves after Sufi's pronouncements, Jamiat Ulemea-e-Islam leader Fazlur Rehman quickly announced that Sufi's attitude toward democracy reflected only his own views. Virtually all the English and Urdu language press are running stories protesting the way the Taliban are ignoring the terms of TNSM-NWFP agreement. COMMENT -------------- ¶8. (C) Despite the NWFP government's insistence that the Nizam-e-Adl regulation will help wean away support from local taliban, we see little sign of that happening. Instead, the militants are using the current environment to their advantage and are openly saying that they will not lay down arms unconditionally. However, the government does not appear to be ready to back away from its peace agreement with the militants even as reports grow of trouble in neighboring Buner and Dir districts. TRACY