VZCZCXRO7718
PP RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #1878 1961002
ZNR UUUUU ZZH
P 151002Z JUL 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 0168
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY

UNCLAS KABUL 001878 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL AF PHUM KDEM
SUBJECT: MOJ DEFENDS REVISED SHIA LAW; HIGHLIGHTS STRONG 
ELIMINATION OF VIOLENCE AGAINST WOMEN BILL 
 
REF: A. KABUL 1860 
     ¶B. KABUL 1773 
     ¶C. KABUL 1173 
 
¶1. (SBU) MOJ will publish the Shia Personal Status and the 
Elimination of Violence against Women (EVAW) laws pending 
receipt of President Karzai's written authorization, expected 
within several days, Minister of Justice Danish told Deputy 
Ambassador Ricciardone during a July 14 discussion. 
Competing demands from civil society and Shia scholars 
challenged MOJ's review of the Shia Law, but Danish felt the 
revisions fairly addressed the differing views.  During the 
review process, MOJ officials consulted family laws from 
Egypt, Jordan, United Arab Emirates, Lebanon, Syria, and 
Iran.  The Afghan law as revised more fully protects and 
updates women's rights than these countries' laws, Danish 
claimed. 
 
¶2. (SBU) Women's rights activists who continue to press for 
additional revisions are emphasizing their own individual 
interests over the broader societal consensus, Danish 
claimed, and noted that Foreign Minister Spanta and Afghan 
Independent Human Rights Commission Chair Samar were 
satisfied with the revisions. As further evidence of the 
progressive nature of the changes, conservative Shia leaders 
had publicly and privately denounced the revisions, Danish 
said. 
 
¶3. (SBU) Danish admitted some problems with the Shia Law may 
become evident during implementation or as societal values 
continue to shift.  These problems would likely be minor and 
only affect a small portion of the population, he claimed. 
If necessary, the government could, in the future, further 
revise the law. 
 
¶4. (SBU) Danish also emphasized an additional step the Afghan 
government was taking to strengthen the protection of women's 
equality.  Provisions of the soon to be published Elimination 
of Violence against Women law (text provided on July 14 to 
the Afghan desk) would address potential drawbacks of the 
Shia Family Law, Danish claimed.  For example, EVAW 
criminalizes 22 forms of violence against women including 
preventing women from working, pursuing an education, or 
accessing health-care facilities. 
 
Comment 
---------- 
 
¶5. (SBU) We believe the EVAW bill is an excellent piece of 
legislation, containing a comprehensive definition of 
violence against women, and providing appropriate 
corresponding criminal penalties.  Unlike the Shia Family 
Law, as a secular law, its provisions will apply to all 
Afghans, without regard to their religion or sect.  MOJ 
received and incorporated civil society comments into the 
EVAW bill throughout the drafting process.  We judge that 
Danish overstates his argument that the EVAW law will solve 
any remaining issues with the Shia Family Law; however, taken 
together, Cabinet's approval of a flawed but improved Shia 
Family Law, and a strong, well-drafted domestic violence law, 
is a clear positive step. 
 
EIKENBERRY