CODEL KERRY DISCUSSES "LAW AND ORDER" AND SWAT SHARI'A LAW WITH NWFP CHIEF MINISTER

C O N F I D E N T I A L PESHAWAR 000089





E.O. 12958: DECL: 4/30/2019

TAGS: PGOV, PTER, EAID, MOPS, PK

SUBJECT: CODEL KERRY DISCUSSES "LAW AND ORDER" AND SWAT SHARI'A LAW

WITH NWFP CHIEF MINISTER



CLASSIFIED BY: Lynne Tracy, Principal Officer, U.S. Consulate

Peshawar, Department of State.

REASON: 1.4 (d)





1. (C) Summary. On April 14, Senator Kerry met with the

Northwest Frontier Province (NWFP) Chief Minister and Awami

National Party (ANP) leader Haider Hoti. Kerry expressed his

overall concerns about the deteriorating security situation in

Peshawar, the NWFP, and the Federally Administered Tribal Areas

(FATA),noting that a big question was how to get the

conflict-affected people back to their homes. He also asked the

Chief Minister how the Government of Pakistan can justify its

recent acceptance of the new Nizam-e-Adl regulation in Swat.

Hoti responded that this law was a way to bring a stable

judicial system to the area and a beginning to the peace efforts

in this Taliban-controlled district. Upon conclusion, Kerry

sounded a note of encouragement for pushing back against

militants in the NWFP and FATA and recommended that the NWFP

provincial government continue to keep the federal government

engaged on the needs of tribal areas. End summary.



LAW AND ORDER CONCERNS

--------------



2. (C) On April 14, Senator Kerry and Principal Officer met with

NWFP Chief Minister and ANP leader Haider Hoti to discuss law

and order concerns for his province and the surrounding tribal

areas. The Senator noted that he was concerned with what he saw

as a deteriorating security situation for the NWFP and FATA and

wanted recommendations on how to solve the issue. Hoti agreed

that the security situation was an issue but that it was more of

a "law and order" question, pointing to his ill-equipped,

ill-trained police and local law enforcement elements. Hoti

made clear that the first step towards stability would be for

the insurgency to lose the local support and that this could

only be done through strong security forces who could win back

the faith of the public.



3. (C) The Chief Minister said that over the next few months, he

planned to engage in a large hiring campaign to recruit more

Elite Force (police) members. He also noted that the judicial

systems in Pakistan needed to be examined and planned to push

the central government on a unified criminal policy that would

contain a strong terrorism law and would act quickly and justly.

Finally, the NWFP government would continue to ask the GOP for

funding for security forces, noting that other provinces -

namely Punjab and Sindh - were receiving far greater shares than

the NWFP.



IMPROVING THE U.S. IMAGE

--------------



4. (C) Recognizing the negative image that the U.S. has in the

NWFP and FATA, Senator Kerry asked the Chief Minister for ways

to change this perception. Hoti noted that the average citizen

believes the USG forces the hand of the GOP to make certain

decisions and to take certain actions in Pakistan and

Afghanistan. Therefore, in order to change this perception, the

U.S. must consult both countries publicly and come to joint

decisions on matters, especially those in the military arena.

As an example, the Chief Minister noted that the citizenry sees

the alleged drone attacks as the work of an aggressive USG that

does not consult with Pakistan either before or after a targeted

strike. Although he personally views these attacks as creating

"good results," Hoti said they were sending conflicting messages

to the country because the USG wants Pakistan to claim the "war"

as their own while it continues to strike on Pakistan's behalf

but without Pakistan's concurrence. (Note: Hoti praised the

drone attacks, calling the strikes "fantastic," but also said

that he could never publicly endorse them. End note.)



5. (C) Hoti also recommended that the U.S. brand its projects

and humanitarian efforts; however, Kerry noted the potential

problems with U.S. branding in the FATA. Instead, Kerry

recommended that the provincial government brand these

U.S.-funded projects as projects brought to the people on behalf

of the provincial and federal governments, which would garner

favor and encourage support. The Senator noted that this

branding could begin with the humanitarian efforts directed to

the internally displaced persons (IDPs) throughout the NWFP and

committed that the U.S. would extend further financial support

for returning IDPs.





PAKISTAN ACCEPTANCE OF SHARI'A LAW

--------------



6. (C) After hearing the Chief Minister describe his province's

tough stance against militancy and extremism, the Senator asked

Hoti to justify the April 13 signing of the proposed Nizam-e-Adl

regulations by President Zardari into law for Swat (reftel).

(Note. The Nizam-e-Adl regulation officially extended amended

laws to spread what is perceived as Shari'a law in Swat and

surrounding areas. End note.) Hoti was quick to note that the

regulation was signed by the GOP freely and maintained that the

legislation was not part of a forced deal by the militants in

Swat and Malakand. He noted that, historically, Swat had been

governed by a "quick justice system" that ended decades ago when

Swat officially became part of Pakistan. These concepts were

then reintroduced by former Prime Minister Benazir Bhutto in

1994 and then again in 1999 by Nawaz Sharif, and, therefore, the

Nizam-e-Adl was not a new concept.



7. (C) Hoti explained that the main intent for the regulation

was to bring the people of Malakand and Swat a system of "speedy

justice" and the beginning of peace and stability for the area.

He noted that under the new law, time frames for case resolution

would be better defined and would allow for judicial

appointments to be made in Peshawar. Most of all, according to

Hoti, these laws would renounce violence and would not lead or

promote the further talibanization of the area. Kerry noted his

concern and assured the Chief Minister that the United States

and neighboring countries would remain watchful of the decision.



OPTIMISTIC OF THE NWFP

--------------



8. (C) Senator Kerry noted that after his talks in Islamabad

with federal officials, he walked away with a pessimistic

outlook on the overall situation in the NWFP and FATA. However,

after speaking with Chief Minister Hoti, the Senator commented

that he saw some openings for pushing back against the growing

insurgency inside Pakistan. Hoti explained that political and

economic issues of the federal government had consumed the GOP's

time and clouded its judgment, which resulted in the negative

stories coming from the capital. Kerry encouraged the Chief

Minister to continue to work with the GOP in helping them better

understand the realities in his areas in order to gain better

financial support.



9. (U) This cable has been cleared by Senator Kerry.





TRACY