VZCZCXRO7450
PP RUEHDBU RUEHPW
DE RUEHBUL #1150/01 1260908
ZNR UUUUU ZZH
P 060908Z MAY 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8749
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 4474
RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RUEKJCS/OSD WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 001150 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: KPOL PREL PHUM AF
SUBJECT: SHIA FAMILY LAW: MOMENTUM TOWARDS A MORE 
PROGRESSIVE LAW 
 
REF: KABUL 971 
 
¶1. (U) SUMMARY:  In an April 28 meeting with President 
Karzai, civil society representatives and several MPs 
discussed specific concerns regarding the Shia Family Law 
(reftel) and delivered an alternate, progressive draft law. 
Two days later, faculty at private law school Ketab 
University held a gathering in support of their own 
relatively progressive draft Shia Family Law, which backer 
Afghan Independent Human Rights Commission (AIHRC) Chair Sima 
Samar had presented to Karzai several months ago.  Meanwhile 
the Ministry of Justice (MOJ) initiated its review of the law 
signed by Karzai.  Lower House MP and Women's Affairs 
Committee Chairwoman Tahera Meherzada (Kapisa, Tajik) told us 
many MPs regretted voting for the Shia Family Law.  She 
predicted Parliament would support a more egalitarian bill. 
Finally, Embassy is reviewing a proposal from Bamyian and Dai 
Kundi Province Shia women for a Kabul Shia Family Law 
conference. 
 
Two Alternate Drafts 
------------ 
 
¶2. (U) In an April 28 meeting with Karzai, MPs Fawzia Kofi 
(Badakhshan, Tajik), Sabrina Saquib (Kabul, Tajik) and 
Shinkai Karokhail (Kabul, Pashtun), and approximately 40 
civil society representatives discussed specific concerns 
regarding the Shia Family Law and presented Karzai with their 
own draft law. According to several attendees, Karzai 
described his signing of the Shia Family Law as "a mistake by 
his team" and claimed his advisors had not thoroughly briefed 
him on the law's provisions.  Karzai did not agree to any 
specific change but promised MOJ's modifications would 
satisfy civil society.  Department of State 2009 Women of 
Courage Awardee and Global Rights Country Director Wazhma 
Frogh described the conversation as "extremely positive," and 
said she was impressed by how receptive Karzai was to the 
group's demands. 
 
¶3. (U) Meanwhile, faculty at Kateb University-a private, 
secular law school widely rumored to receive funding from 
Iranian sources-hosted an April 30 discussion in support of 
their own draft Shia Family Law. (The university presented 
its draft to Karzai several months ago through supporter 
AIHRC Chair Sima Samar.) The university's draft law contained 
several positive provisions such as providing for women's 
freedom of movement.  According to Wazhma Frogh, backer of 
civil society's draft, however, the university's version was 
not as progressive as civil society's.  University Director 
Amin Ahadi said laws should adapt to modern times and the 
needs of the people rather than attempt to replicate customs 
and traditions from the beginning of Islam.  Samar and MP 
Fatima Nazari (Kabul, Hazara) attended along with 
approximately 150 others, mostly Shia Hazaras. 
 
MOJ review process: Underway 
---------- 
 
¶4. (U) Ministry of Justice started its review of the law, 
which will likely be a lengthy process.  Although our 
position is that the review process be Afghan-led, Embassy 
officers are closely monitoring MOJ's efforts and will 
suggest progressive modifications as appropriate to bring the 
law into line with the Afghan constitution and human rights 
and civil rights principles. 
 
Women's Affairs Committee Chairwoman: MPs to Support More 
Progressive Law 
---------- 
 
¶5. (U) Lower House MP and Chair Women's Affairs Committee 
Tahera Meherzada (Kapisa, Tajik), is confident the re-draft 
of the Shia Family Law will be much more egalitarian.  Many 
MPs regret voting for the Shia Family Law and would now 
support a more progressive version, she said.  Her 
understanding was that the government will submit the bill to 
Parliament for approval upon completion of MOJ's review. 
 
Bamyian and Dai Kundi Women Speak Up: Possible Shia Family 
Law Conference 
---------- 
 
 
KABUL 00001150  002 OF 002 
 
 
¶6. (SBU) Women leaders from Bamyian and Dai Kundi provinces 
approached Bamyian PRToff and requested support for a Kabul 
Shia Family Law Conference.  INL's review of the proposal is 
ongoing. 
 
Comment 
---------- 
 
¶7. (SBU) The civil society representatives who met with 
Karzai are experienced advocates.  That they saw Karzai's 
promise to revamp the law as a serious commitment means 
Karzai either put on an exceptionally good show or truly 
regretted how the law turned out. However, Embassy contacts 
who supported the law's original text and have met with 
Karzai to urge him not to modify the language report that 
Karzai has been receptive to their lobbying efforts.  Some 
conservative Shias claim that Karzai promised them he would 
protect the original intent of the law.  MOJ will likely use 
the law signed by Karzai as its base rather than adopt one of 
the two alternate drafts.  Embassy will continue to pressure 
Karzai and other relevant government actors to support a 
version protective of women's rights. 
RICCIARDONE