VZCZCXRO4300
OO RUEHDBU RUEHPW
DE RUEHBUL #0896/01 0991809
ZNR UUUUU ZZH
O 091809Z APR 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8321
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

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