VZCZCXRO7308
OO RUEHDBU RUEHPW RUEHSL
DE RUEHNO #0359/01 2321519
ZNY CCCCC ZZH
O 201519Z AUG 09
FM USMISSION USNATO
TO RUEHBUL/AMEMBASSY KABUL IMMEDIATE 1238
RUEHC/SECSTATE WASHDC IMMEDIATE 3311
RUEKJCS/SECDEF WASHINGTON DC IMMEDIATE
RHEHNSC/WHITE HOUSE NSC WASHDC IMMEDIATE
RUEKJCS/JOINT STAFF WASHDC IMMEDIATE
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
RUEHZG/NATO EU COLLECTIVE PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEFDIA/DIA WASHDC PRIORITY
RHMFISS/HQ USEUCOM VAIHINGEN GE PRIORITY
RHMFISS/HQ USCENTCOM MACDILL AFB FL PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 1031
RHMFISS/USNMR SHAPE BE PRIORITY
RUEHNO/USDELMC BRUSSELS BE PRIORITY

C O N F I D E N T I A L SECTION 01 OF 03 USNATO 000359
SIPDIS

E.O. 12958: DECL: 08/20/2019
TAGS: PREL PGOV PHUM NATO MOPS MCAP AF

Classified By: A/DCM Alejandro "Hoot" Baez. Reasons: 1.4 (b) and (d).

¶1. (C/NF) SUMMARY: NATO Secretary General Rasmussen has
drafted a letter to Afghan President Karzai expressing
concerns about the Law on Personal Affairs of the Followers
of Shia Jurisprudence. The letter is now with NATOs Senior
Civilian Representative in Kabul for delivery, although it is
not clear when delivery would actually take place. The text
of the letter is reproduced in para 6 below. The Shia law
was discussed at the August 19 meeting of the North Atlantic
Council, with most Allies expressing grave concerns -- both
about the law itself and about the likely negative impact the
law will have on the ability to maintain public support for
NATOs Afghanistan mission. While most Allies argued in
favor of a NATO reaction to the law, most had also agreed
that it was best to not react until after the August 20
Afghan elections. The fact that the Secretary General
decided to go ahead with a letter now provides insights into
his leadership style. After the elections--and after the law
has been further studied--Allies may seek an even stronger
Allied reaction to the law, consistent with the position
taken by the EU and Norway in a letter they sent privately to
Karzai. END SUMMARY

¶2. (C/NF) NATO Secretary General Anders Fogh Rasmussen
drafted a private letter to Afghan President Karzai
expressing concerns about the Law on Personal Affairs of the
Followers of Shia Jurisprudence. We understand from a
Private Office source (strictly protect) that the letter is
now with NATOs Senior Civilian Representative in Kabul,
Ambassador Fernando Gentilini, for delivery to Karzai. It is
not clear when delivery will actually take place. The
Private Office has not distributed the text of the letter to
Allies. When we asked for a copy, the American Deputy
Director of the Private Office came to the Mission to brief
us on the letters contents. He did not, however, give us a
copy, noting that he had been specifically instructed not to.
Nevertheless, we learned that another Ally had been able to
obtain a copy, which they shared with us (strictly protect).

¶3. (C/REL NATO) The Secretary General raised the possibility
of a letter at the August 19 North Atlantic Council meeting,
noting that the EU and Norway had already sent a letter to
Karzai (we have e-mailed a copy of the EU letter to EUR/RPM).
Most Allies expressed grave concerns about the law. The
Dutch PermRep, for example, said that his authorities
believed that "we" need to express our position on the issue.
The German PermRep agreed, noting that "at some point, NATO
will have to make its views known." Denmark said its Foreign
Minister had already written Afghan FM Spanta to express
Copenhagens concerns about the law. In addition to concerns
about the substance of the law, Norway noted that the law
could have a "corrosive" impact on the ability of Allies to
maintain public support for the Afghanistan mission. Spain
made a similar comment. While expressing these concerns,
Allies had also seemed to agree that any reaction to the law
should only come after the Afghan elections. Greece, for
example, said that while the Shia law was "something that has
to worry us, but not now." Turkey had noted that any
reaction should wait until after the law had been more
thoroughly studied so that it could be based on "fact." He
also expressed the hope that a reaction would wait until
after Allies had had a chance to discuss the issue
again--again with a more thorough understanding of what the
law actually entailed.

¶4. (C/NF) COMMENT: This letter may only be NATOs first shot
across Karzais bow on this issue. Allies are clearly very
concerned by the human rights implications of the Shia law,
as well as the impact it will have on their ability to sell
the ISAF mission to their publics. If further study of the
law does not assuage their concerns, they are likely to press
for a tougher line after the elections. In this regard, it
is worth noting that the EU-Norway letter is much harder than
Rasmussens, arguing that the revised law "still contains
over a dozen articles in direct contradiction to the
international legal obligations of the Islamic Republic of
Afghanistan". Allies that are also members of the EU may
press for a NATO line consistent with that of the EU.
USNATO 00000359 002 OF 003

¶5. (C/NF) COMMENT CONTINUED: This experience also provides an
insight into Rasmussens leadership style. Despite virtually
every Ally arguing that a NATO reaction should only come
after the elections, Rasmussen decided to go ahead with an
initial letter to Karzai now. The Private Office explained
that Rasmussen did not believe the Allied message to wait
until after the election applied to a private communication
from him in this form. The fact that Rasmussen and his
Private Office Director have thus far failed to officially
distribute the letter to Allies is also likely indicative of
the role and authority he believes he should have in relation
to nations. While Secretaries General do have the authority
to issue statements and letters under their own
authority--such as yesterdays statement condemning the
bombings in Baghdad--it is unusual for a Secretary General to
act on such a politically sensitive topic without clearer
guidance from and transparency with Allies. As a former
Prime Minister, Rasmussen appears to feel empowered to act
with a greater degree of independence than did his
predecessor. END COMMENT

¶6. (C/NF) The text of Rasmussens letter to Karzai follows:
BEGIN TEXT
SG(2009)0737
19 August 2009
Your Excellency, dear President Karzai,
Thank you for receiving me during my 5-7 August visit. I was
pleased that my first overseas trip as Secretary General was
to Afghanistan.
I write to you with regard to the recent promulgation of the
Law on Personal Affairs of the Followers of Shia
Jurisprudence.
As you know, this draft legislation has long been a matter of
concern to NATO and to its member nations as well as other
ISAF contributing nations, who have been deeply concerned at
its incompatibility with international human rights standards
and with several international human rights conventions to
which the Islamic Republic of Afghanistan is a signatory. At
their Summit meeting in April in Strasbourg-Kehl, NATOs
Heads of State and Government underscored the importance they
placed on the protection of the rights of women, and of the
advancement of human rights protection more generally, in
Afghanistan. This reflected indeed a very strong conviction
among the people of NATOs member states, whose support for
our continued engagement on behalf of Afghanistans security
and development is critical to sustaining our commitments to
your country. Any legal developments in Afghanistan which
undercut international human rights standards and
obligations, and which diminish the human rights of women in
particular, can only call into question the ability of our
Alliance to justify or sustain that public backing.
Therefore, it was internationally welcomed when you in April
decided to withhold the law and let it undergo further
reflection in order that it should reflect those
international human rights conventions to which Afghanistan
is a party, as well as Afghanistans own constitution. It
was at that time indicated that, before the law would be
promulgated, relevant organizations and representatives of
the international community would be consulted in advance. I
was therefore disappointed to learn of the recent
promulgation of the law.
Given this situation, I know that the representatives of the
international community in Afghanistan, including NATOs
Senior Civilian Representative, are now studying with great
urgency the text of the promulgated Law on Personal Affairs
of the Followers of Shia Jurisprudence. I expect within a
very short time to receive a further report on the contents
of the law. Of course it is of the utmost importance to NATO
that the Government of Afghanistan ensure that the law
complies with Afghanistans Constitution and its
international human rights obligations in order to achieve
gender equality in Afghanistan.
I look forward to being in further contact with you on this
matter, and I hope that the concerns I raise and that NATO
has long raised will be given their due weight.
Yours Sincerely,
//s//
Anders Fogh Rasmussen

END TEXT
BYRNES