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UNCLAS SECTION 01 OF 02 SANAA 002546 
 
SIPDIS 
 
SIPDIS 
 
PLEASE PASS TO NEA/PI FOR LAURA SCHULZ. 
 
E.O. 12958: N/A 
TAGS: PREL PGOV EAID KMCA KMPI YM
SUBJECT: JUSTICE MINISTER LEADS WAY FOR INDEPENDENT COURTS 
 
 
SANAA 00002546  001.2 OF 002 
 
 
¶1.  SUMMARY:  Ambassador met the Minister of Justice (MOJ) 
Ghazi Shaif al-Aghbari on August 27 to discuss judicial 
reforms and related programs.  Under the new minister, Yemen 
has taken substantive steps to strengthen the independence of 
the courts, which has produced results in combating 
corruption and lent credibility to the elections process. 
The judiciary is also increasingly opening its doors to 
women.  Aghbari had high praise for U.S. programs in rule of 
law, and welcomed future cooperation to assist commercial 
courts.  He promised his assistance to the American Bar 
Association/Central and Eastern European Law Initiative 
(ABA/CEELI), which recently encountered difficulties with 
Yemen's legal community.  Aghbari has delivered on issues 
critical to Yemen's status with the Millennium Challenge 
Corporation (MCC), and presented himself as a strong partner 
for reform. END SUMMARY. 
 
--------------------------- 
Courts Declare Independence 
--------------------------- 
 
¶2. On August 27, Ambassador discussed recent reforms in 
Yemen's judiciary with MOJ al-Aghbari.  The Minister pointed 
to the removal of the Supreme Judicial Council (SJC) from the 
President's Office as a significant step forward for reform, 
noting as well the choice of Judge Essam al-Samawi, a young 
and well-qualified professional, to head the body.  The new 
SJC will follow modern legal standards, said Aghbari, and 
will be a forum for a "real exchange of ideas." 
 
¶3. According to the new law, the Minister has a seat on the 
SJC and serves as a link between the judiciary and executive 
branches.  All issues of judicial administration, including 
hiring, firing, and professional accountability fall under 
the purview of the legal oversight body.  Aghbari explained 
that the Ministry collects all complaints, especially those 
concerning corrupt judges, and forwards them to the SJC.  MOJ 
proudly reported that the SJC had already taken decisive 
action against 10 judges and lawyers, whose cases were 
referred to the Attorney General for prosecution. 
 
¶4. Aghbari, a former judge, claimed to have an explicit 
mandate from the President to add muscle to the independent 
judiciary.  To this end, Aghbari recently helped pass 
Republican Decrees detailing the functions of the SJC and 
giving it an independent budget.  This will allow the judges 
to resist outside pressure and gain respect as an independent 
institution, in his view. 
 
------------------------------ 
MOJ: Yemen Has Come a Long Way 
------------------------------ 
 
¶5. To help foster an image of impartial justice in Yemen, 
Aghbari said that unlike other ministers he would not 
participate in campaigning for the September elections.  This 
was particularly important, he explained, as MOJ is 
responsible for ruling on all elections disputes.  In 
general, however, Aghbari marveled at Yemen's progress, 
saying his country had "opened the door" for democracy in the 
region.  This is even more impressive, said MOJ, given that 
Yemen was once one of the most traditional and conservative 
countries.  Within the legal system, Aghbari praised the 
recent admission of women to the Higher Judicial Institute 
(HJI) and the nomination of women judges for the Aden Court 
of Appeals and Yemen's Supreme Court. 
 
--------------------------- 
"Send My Judges to Morocco" 
--------------------------- 
 
¶6. Ambassador indicated the USG's desire to help with 
judicial reform, and offered the example of the MEPI-funded 
Commercial Law Development Program (CLDP).  CLDP has offered 
to come to Yemen and work with commercial court judges, said 
Ambassador, which will strengthen rule of law and improve the 
investment climate.  Aghbari praised previous U.S. support, 
citing recent trainings in intellectual property rights law 
(offered by the U.S. Patent and Trademark Organization and 
funded by MEPI) for Yemeni judges as a model of practical 
assistance.  He welcomed the CLDP offer, and immediately 
suggested that they bring 10 new commercial court judges to 
Morocco to learn from their peers.  Aghbari stated bluntly 
that the Ministry knows what it needs to do, and does not 
require additional studies and assessments.  What it lacks is 
resources and partners who are willing to help Yemen meet 
those needs. 
 
SANAA 00002546  002.2 OF 002 
 
 
 
--------------------------- 
ABA Caught in Political Web 
--------------------------- 
 
¶7. Ambassador then raised several issues related to the 
MEPI-funded legal reform program of the ABA/CEELI.  The 
program focuses on working with reform-minded members of the 
legal community and in helping the SJC fulfill its new role. 
Ambassador explained that the local ABA representative, 
Australian Robin Perry, ran afoul of the bar associations who 
are now calling for him to be deported.  The groups charged 
that the ABA was seeking to undermine Yemeni law, and implied 
that it was a front for intelligence gathering, and used the 
war in Lebanon to shame Yemenis who chose to work with the 
organization. 
 
¶8. Aghbari acknowledged that he was facing serious problems 
over the ABA issue.  He appeared sympathetic to Perry after 
having met with him several months earlier, and claimed to 
have intervened on his behalf with the Ministry of Foreign 
Affairs.  In response, said Aghbari, the bar associations 
accused him of "taking the Americans' side."  According to 
MOJ, the core issue was competition between the local and 
national bar associations and not U.S.-Yemeni relations. 
Nevertheless, Aghbari implied that one month before elections 
there were few ROYG officials willing to intervene on ABA's 
behalf.  MOJ suggested a future meeting to broker an 
agreement between the parties.  Once the ABA's terms of 
reference are clarified, said MOJ, "we have no problem with 
them continuing their work." 
 
---------------------- 
MOJ an Ally for Reform 
---------------------- 
 
¶9. COMMENT:  MOJ al-Aghbari has clearly established himself 
among the leaders in the new reform-minded Cabinet, with 
strong support from the President.  It has been his role to 
midwife the creation of a newly independent judiciary, and to 
date he appears to being doing an admirable job.  Unlike his 
predecessors, Aghbari is himself a judge and therefore more 
willing to cede power from the executive to the judiciary. 
Many of the reforms under his watch are critical to Yemen's 
status with the Millennium Challenge Corporation, and will 
likely be highlighted in any ROYG proposal for readmission to 
the MCC Threshold Program.  Supporting reform in Yemen's 
legal system remains a tricky prospect, as demonstrated by 
the problems encountered by the ABA, but Aghbari's positive 
disposition towards U.S. assistance paves the way for future 
cooperation. END COMMENT. 
Krajeski