VZCZCXRO1251
PP RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #1773/01 1881627
ZNR UUUUU ZZH
P 071627Z JUL 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 0017
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 02 KABUL 001773 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL AF PHUM KDEM
SUBJECT: CABINET APPROVED REVISED SHIA FAMILY LAW, EVAW 
BILL; BOTH BILLS MOVE FORWARD 
 
REF: KABUL 1335 
 
¶1. (SBU) SUMMARY: On July 6 the Cabinet approved a revised 
Shia Family Law text.  Reportedly, the Ministry of Justice 
(MOJ) review team deleted twelve major articles, and the 
Cabinet an additional article from the version signed by 
President Karzai.  The Ministers also gave the nod to the 
draft Elimination of Violence against Women (EVAW) bill, 
which for months had been mired in administrative delays. 
MOJ will incorporate changes made by the Ministers and likely 
submit the final drafts to Parliament.  Under Article 79 of 
the Constitution, however, President Karzai could, prior to 
Parliament's July 20 scheduled return from recess, enact 
either piece of legislation through presidential decree. 
Post obtained Dari language copies of both documents today 
and will provide a substantive analysis as soon as a 
translation is available.  We will also consult closely with 
Afghan civil society and international partners in preparing 
our advocacy strategy.  END SUMMARY. 
 
Background: Karzai and MOJ promise civil society that revised 
Shia law will protect women's rights 
---------- 
 
¶2. (SBU) In June 20-21 meetings with civil society actors, 
Minister of Justice Danish and President Karzai said MOJ had 
largely completed revisions to the Shia Family Law and 
promised that the new text would satisfy civil society and 
women's rights groups.  During the meetings, Danish read 
portions of the modified articles aloud, but did not hand 
over the complete text.  Nevertheless, civil society and 
women's rights leaders uniformly told us they were pleased 
with the changes shared by Danish.  Karzai also confirmed to 
civil society representatives that MOJ had incorporated their 
proposed amendments into the new text.  During June 24-25 
meetings, Ambassador-at-Large for Global Women's Issues 
Melanne Verveer told Danish and Karzai that a revised Shia 
Family Law in line with constitutional guarantees of gender 
equality and a strong domestic violence law were priority 
issues for the U.S. 
 
¶3. (SBU) However, in a meeting last week with Ayatollah 
Mohseni and other Shia Leaders, Karzai reportedly deflected 
blame for the revisions onto the international community, 
declaring he supported the original text, but that the 
international community forced the revisions.  Karzai had 
told civil society representatives prior to his Mohseni 
meeting that he would push Mohseni to support the revised 
law. 
 
July 6 Cabinet Meeting: Approved revised Shia Family Law and 
EVAW bill 
---------- 
 
¶4. (SBU) Minister of Commerce Shahrani told us on July 6 that 
after two hours of debate the Cabinet approved a revised Shia 
Family Law text that included many of the amendments pressed 
for by civil society.  Director of the Office of 
Administrative Affairs' legislative department General Hamid 
also confirmed that the Cabinet approved the revised Shia 
Family Law text and the EVAW draft bill on July 6.  According 
to government officials, MOJ had deleted 12 major articles 
and added and amended several clauses.  The Cabinet approved 
these revisions and reportedly made one significant deletion, 
removing clause three of article 133 which stated: "A husband 
can prevent his wife from any unnecessary action or actions, 
which are not according to her duties as specified by Sharia 
Law and are contrary to the local customs and the husband's 
benefits." Ashruf, Acting Director of MOJ's legislative 
department, said his department will incorporate the 
Cabinet's changes into the text and submit the final versions 
to Parliament. 
 
¶5. (SBU) Parliament is currently scheduled to return from 
recess on July 20.  Based on previous experience, and the 
added distractions of the election season, we would normally 
expect parliamentary review of the bills to take several 
months.  However, Parliament is unpredictable--Speaker 
Qanooni controls the agenda and could decide to bring either 
bill to the floor earlier.  Unquestionably, however, 
parliamentary review of both draft bills would spark a strong 
debate and attract extensive international and national media 
coverage, potentially undesirable for Karzai so close to 
voting day. 
 
¶6. (SBU) Under Article 79 of the Afghan Constitution, 
President Karzai could also sign either draft into law 
through presidential decree before Parliament resumes on July 
¶20.  Article 79 states: 
 
During the recess of the House of Representatives, the 
 
KABUL 00001773  002 OF 002 
 
 
Government shall, in case of an immediate need, issue 
legislative decrees, except in matters related to budget and 
financial affairs.  Legislative decrees, after endorsement by 
the President, shall acquire the force of law.  Legislative 
decrees shall be presented to the National Assembly within 
thirty days of convening its first session, and if rejected 
by the National Assembly, they become void. 
 
¶7. (SBU) Under this article, Parliament has the right to 
review legislation enacted through presidential decree.  If 
Parliament exercises this right, makes changes, and the 
President signs the new text, Parliament's version would 
replace the presidential decree.  It is important to 
remember, however, that in Afghanistan political consensus 
often trumps following a multi-step legal procedure.  If 
stakeholders are largely satisfied with the Shia Family Law 
as modified, it is quite possible that Parliament would 
refrain from reviewing it. 
 
Next Steps: Close coordination with civil society and the IC 
--------- 
 
¶8. (SBU) Post obtained a Dari language copy of both draft 
laws and will provide a more detailed commentary septel as 
soon as an English translation is available.  We are 
coordinating closely with civil society and international 
partners in devising our strategy going forward. 
 
Comment 
---------- 
 
¶9. (SBU) MOJ's pre-election completion of Shia Family Law 
revisions and Cabinet's speedy approval of the text strongly 
hint that political forces are afoot.  If the revised Shia 
Family Law adequately addresses civil society's demands, 
enactment by presidential decree could avoid prolonged and 
potentially destructive parliamentary debate.  Karzai's 
decision to enact legislation through decree, however, could 
draw criticism for heavy-handed use of his powers of 
incumbency. 
 
EIKENBERRY