VZCZCXRO3763
OO RUEHDBU RUEHPW
DE RUEHBUL #1335 1471145
ZNR UUUUU ZZH
O 271145Z MAY 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9118
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS KABUL 001335 
 
SENSITIVE 
SIPDIS 
 
KABUL FOR COS USFOR-A 
 
E.O. 12958: N/A 
TAGS: PGOV AF
SUBJECT: JUSTICE MINISTER DANESH: SLOW MOVEMENT ON SHIA LAW 
AMENDMENTS, FASTER ON ELIMINATING VIOLENCE AGAINST WOMEN 
DRAFT BILL. 
 
REF: A. (A) KABUL 01014 
     ¶B. (B) KABUL 00971 
     ¶C. (C) KABUL 00914 
     ¶D. (D) KABUL 00896 
     ¶E. (E) KABUL 00868 
     ¶F. (F) KABUL 00845 
     ¶G. (G) KABUL 00837 
 
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Summary 
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¶1. (SBU) Justice Minister Danesh told us May 25 that the 
Ministry has completed its formal consultation process with 
civil society on amending the Shia Family Law.  It will, 
however, continue to take substantive input from 
stakeholders.  The Embassy will soon submit comments, based 
on analysis from Embassy-contracted legal analysts.  The 
Ministry will share its proposed amendments to civil society 
(and us) before it submits them formally to the Cabinet. 
Danesh made no predictions on a timeline, but hinted there 
would be no action until after the August 20 election.  On 
the draft Eliminating Violence Against Women (EVAW) bill, 
Danesh pledged to push the legislation through Cabinet 
approval long before the planned late June visit of S/GWI 
Ambassador Verveer. 
 
--------------------------------------------- ---- 
Shia Family Law: Slow and deliberate consultation 
--------------------------------------------- ---- 
 
¶2. (SBU) Polcouns and ROL Coordinator requested a call on 
Minister Danesh for an update on the Shia Law and EVAW bill. 
Danesh recapped the consultation process with civil society 
and the Kabul-based international community.  The Ministry 
was still studying and consolidating the extensive input from 
the stakeholders.  We informed Danesh that legal experts 
under contract to the USAID Rule of Law program as well as 
those under contract to INL's Justice Sector Support Program 
had done an assessment and developed proposed changes to the 
law.  Danesh welcomed the input. 
 
¶3. (SBU) Danesh told us that certain religious leaders have 
continued to criticize Danesh, the Ministry and the 
Government for undertaking the consultation process.  They 
contend the President's signature on the law effectively 
closed the case, and the existing legislation had the full 
effect of law. 
 
¶4. (SBU) We welcomed Danesh's pledge to share the Ministry's 
proposed amendments with civil society and other stakeholders 
prior to moving the amendments to the Cabinet for approval -- 
the intermediate step before the executive branch would 
submit the amendments to the Parliament.  As for a timeline, 
Danesh declared he was awaiting guidance from the Palace.  He 
made no predictions, but noted that many expected no action 
on the bill until after the election. 
 
--------------------------------------------- -------- 
EVAW draft bill: Push on the Executive Branch Process 
--------------------------------------------- -------- 
 
¶5. (U) Polcouns told Danesh the Embassy had studied the EVAW 
bill and found it to be a strong piece of legislation.  We 
were disappointed it was not moving through the 
Administration as quickly as we had expected.  We informed 
Danesh that S/GWI Ambassador Verveer planned to visit Kabul 
in late June.  We would welcome cabinet approval prior to her 
arrival. 
 
¶6. (U) Danesh stated that the Ministry of Women's Affairs had 
just recently submitted some changes to the bill.  The 
Justice Ministry was integrating those changes, with the goal 
of getting the revised legislation to VP Khalili's staff - 
the next and final step before a bill is put to the Cabinet 
for review.  Danesh pledged to work on getting the bill 
through Cabinet approval prior to the end of June. 
EIKENBERRY