VZCZCXRO9700
PP RUEHDBU RUEHPW
DE RUEHBUL #0845/01 0941504
ZNR UUUUU ZZH
P 041504Z APR 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8204
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 000845 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV AF PREL PHUM
SUBJECT: KARZAI PROMISES RECONSIDERATION OF SHIA FAMILY LAW 
 
REF: KABUL 837 
 
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Summary 
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¶1. (SBU) President Karzai said his government will fix the 
Shia Family Law legislatively, and will repair damage to the 
government's image more broadly.  Substantively, Karzai has 
called on the Ministry of Justice to do a thorough review of 
the law, make fixes to make it consistent with equal 
protection provisions of the Constitution (and with 
international concerns, implicitly) and then have Parliament 
reconsider the legislation.  SRSG Eide told Karzai privately 
to "bury this."  The Justice Minister asked the international 
community to form a contact group to consolidate specific 
complaints and promised to address those issues before the 
legislation would be published in the government's official 
legal register.  Karzai also addressed the issue briefly in a 
previously scheduled press conference to discuss The Hague 
conference.  Charge told both Palace Chief of Staff Daudzai 
and FM Spanta that the United States welcomed the Palace's 
prompt action and legislative game plan. 
 
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Palace: Karzai welcomes Secretary conversation, 
addresses issue in press conference 
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¶2. (SBU) Chief of Staff Daudzai informed Charge that Karzai 
was pleased with the two telephone conversations he had with 
the Secretary.  Karzai welcomed the substantive understanding 
the two reached on both the actual circumstances of the law, 
and the plan ahead for solving the problems.  Daudzai told 
Charge that Karzai was upset with his staff for not fully 
informing him of the offensive elements of the legislation. 
 
¶3. (SBU) SRSG Eide met Karzai just after the latter's press 
conference.  Eide informed Embassy that he told Karzai in 
firm terms to "bury this."  Eide did not make clear to us 
whether he meant the law itself or the issue, in a political 
sense.  Eide reported no substantive response from Karzai. 
 
¶4. (U) Karzai addressed the issue today in a previously 
scheduled press conference, whose focus was to be on The 
Hague conference.  When reporters asked about the Shia Law 
issue, Karzai informed the press that he would send the 
legislation to the MoJ for its review.  The Ministry would 
revise any provisions that were inconsistent with equal 
protection guarantees in the Constitution, and then the 
Administration would take the changes to Parliament for 
reconsideration.  Karzai said the international media had not 
read the entire text of the law, and so reports that it 
contained provisions against human rights were inaccurate. 
However, Karzai promised the MoJ's review would ensure the 
law's provisions did not run contrary to the Afghan 
Constitution. 
 
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Justice Ministry Briefing 
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¶5. (SBU) Justice Minister Danesh met later today (4/4) with 
members of the diplomatic community to hear their concerns 
regarding the law.  Diplomats expressed concern with several 
articles in the law (reftel) and rejected the government's 
claim that mistranslation was to blame for the negative 
international reaction.  An EU representative pointed out 
that many Afghans, who could understand the original text, 
were equally disturbed. 
 
¶6. (SBU) Danesh asked the international community to form a 
contact group to consolidate concerns and present them to 
MoJ.  Diplomats, including EmbOffs, pressured Danesh to hold 
off on publishing the law in the official legal gazette until 
the contact group's concerns were addressed.  Danesh hedged 
on making a clear commitment, but appeared to consent to 
holding off on publishing the law until the IC's inputs were 
dealt with ("as long as you get them to us sooner rather than 
later," he said).  The contact group will consist of UNAMA, 
the US, EU, NATO, Canada, and other interested governments. 
 
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FM Spanta: Monitor the legislative review, 
and will work on international image 
--------------------------------------------- --------- 
 
¶7. (SBU) FM Spanta emphasized two points to the Charge: (1) 
there was substantial misreporting in the international press 
of the law; and (2) the government was serious about 
correcting the law.  Spanta reiterated his strong commitment 
to human rights and women's issues.  He declared the law had 
 
KABUL 00000845  002 OF 002 
 
 
problems in both areas, but the Guardian press article, in 
particular, reported inaccurately on the content of the law. 
Spanta read from a copy of the law declaring that women in 
fact would be free to depart their homes without requiring 
their husband's permission (the 3/31 Guardian article 
reported the opposite). 
 
¶8. (SBU) Spanta assured the Charge that he took this issue 
seriously, and would have his chief of staff (whom he 
characterized as a strong women's rights advocate) review the 
250-plus page document for any problematic provisions.  He 
would then personally take up any of these issues and 
advocate for changes in the Cabinet. 
 
RICCIARDONE