VZCZCXRO7705
PP RUEHDBU RUEHPW
DE RUEHBUL #1173 1261324
ZNR UUUUU ZZH
P 061324Z MAY 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 8786
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS KABUL 001173 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL PHUM KDEM AF
SUBJECT: ELIMINATION OF VIOLENCE AGAINST WOMEN LAW: MOJ 
DRAFT COMPLETE 
 
¶1. (U) SUMMARY: The Ministry of Justice (MOJ) has completed 
its initial review of a draft Elimination of Violence Against 
Women (EVAW) law.  Embassy review is ongoing, but the draft 
law is a much needed effort to identify and criminalize the 
myriad types of violence Afghan women face.  Several MPs and 
civil society actors have urged Embassy to support the bill, 
although one prominent activist criticized the bill as not 
going far enough to address the societal reasons behind 
domestic violence.  MOJ is holding a series of meetings to 
receive feedback on the draft.  Once the review period is 
complete, the bill goes to the Cabinet and then to 
Parliament.  Embassy is closely monitoring the review process 
and regularly stresses our support of the bill to relevant 
government officials. 
 
Content 
---------- 
¶2. (U) The EVAW draft law states "violence against women is a 
crime and the perpetrator shall be punished based on the 
provisions of this law."  The draft defines violence against 
women as, inter alia, rape; immolation; forced suicide; 
battery or beating; baad (the giving of a female relative to 
another family to settle a dispute); forced and underage 
marriages; the marrying of additional wives in a manner that 
violates the Afghan civil code (which requires the husband to 
treat all wives equally); humiliation, intimidation, and the 
refusal of food. Penalties include prison terms of less than 
six months to the death penalty depending on the severity of 
the injury.  The law also provides for cancellation of baad, 
forced, and underage marriages.  Under the law, victims have 
the right to prosecute abusers, as well as to shelter in a 
safe house, free emergency health services, and legal aid. 
 
MOJ Receiving Comments from Civil Society 
---------- 
¶3. (SBU) MOJ had combined three separate draft EVAW laws (one 
from civil society, one from the Ministry of Women's Affairs, 
and one from MP Yazdan Parast) into one nine-page, 
four-article law.  Several women's rights and human rights 
organizations provided MOJ with feedback to the draft in a 
May 4 meeting. Global Rights Director and lead civil society 
drafter Wazhma Frogh said she was concerned MOJ's draft did 
not address societal factors causing violence against women 
such as poverty and traditional beliefs.  However, she 
described the MOJ official who led the review meeting, Adalat 
Khwa, as receptive and open to the group's suggestions. A 
second meeting is scheduled for May 7. Embassy review of the 
draft law is ongoing. 
 
Female MPs: Ask for Embassy Support 
---------- 
¶4. (SBU) Lower House MP Qadria Yazdan Parast (Kabul, Tajik) 
urged the international community to focus on the EVAW law as 
it had on the Shia Family Law.  Poloff assured Parast the 
Embassy had repeatedly raised the EVAW law with MOJ 
leadership and was closely monitoring the current review. 
Lower House MP and Women's Affairs Committee Chair Tahera 
Meherza (Kapisa, Tajik) had not yet seen the current draft, 
but in general strongly supported the enactment of an EVAW 
law.  She did not think other MPs would oppose the law. 
However, if MPs had questions or concerns the Women's Affairs 
Committee was prepared to provide further information.  Lower 
House Speaker Qanooni had agreed to make the bill a priority, 
she said.  Poloff reiterated the bill is also a high priority 
for the Embassy, and offered to meet with Speaker Qanooni on 
the issue. 
 
Comment 
---------- 
¶5. (U) The EVAW draft law is a progressive piece of 
legislation, much needed to protect women and strengthen 
Afghanistan's rule of law. It is difficult to predict whether 
the bill will pass with ease through Parliament or face 
difficulties.  However, in contrast to the Shia Family Law, 
the EVAW law does not involve sensitive religious issues. 
Embassy will continue to engage Afghan officials on the EVAW 
draft law to ensure a thorough and timely review. 
RICCIARDONE