Keep Us Strong WikiLeaks logo

Currently released so far... 64621 / 251,287

Articles

Browse latest releases

Browse by creation date

Browse by origin

A B C D F G H I J K L M N O P Q R S T U V W Y Z

Browse by tag

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Browse by classification

Community resources

courage is contagious

Viewing cable 09KABUL3210, EVAW READY TO PUBLISH, MPS PUSH IMPROVEMENTS

If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs

Understanding cables
Every cable message consists of three parts:
  • The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
  • The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
  • The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09KABUL3210.
Reference ID Created Released Classification Origin
09KABUL3210 2009-10-13 13:01 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kabul
VZCZCXRO8513
PP RUEHDBU RUEHPW RUEHSL
DE RUEHBUL #3210/01 2861301
ZNR UUUUU ZZH
P 131301Z OCT 09
FM AMEMBASSY KABUL
TO RUEHC/SECSTATE WASHDC PRIORITY 2065
INFO RUCNAFG/AFGHANISTAN COLLECTIVE PRIORITY
UNCLAS SECTION 01 OF 02 KABUL 003210 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL KDEM AF
SUBJECT: EVAW READY TO PUBLISH, MPS PUSH IMPROVEMENTS 
 
REF: KABUL2365 
 
1.  (U) SUMMARY:  The Minister of Justice told the Deputy 
Ambassador on September 28 that the law on the Elimination of 
Violence Against Women is currently in the MOJ printing 
department, ready for official publication.  Simultaneously, 
the Women's, Human Rights, and Civil Society Committee in the 
lower house of Parliament is revising the soon-to-be 
published law to make it more enforceable in the future.  The 
full house will begin debating the revised law in the weeks 
ahead, and it could take several months for Parliament to 
approve a new version.  While the publication of EVAW will be 
an important step forward for women's rights, Afghanistan has 
a long way to go in improving the institutions that will 
allow the law to be effectively implemented.  The pending 
publication of EVAW and the Women's Committee's efforts to 
improve the law are positive efforts that we are seeking to 
expand.  END SUMMARY. 
 
------------------------------ 
EVAW: Prepared for Publication 
------------------------------ 
 
2.  (SBU) Minister of Justice Danesh told the Deputy 
Ambassador in a September 28th meeting that the Law on the 
Elimination of Violence Against Women (EVAW) is currently at 
the MOJ printing press, and should be printed "within a few 
days."  As of October 12, it had not yet been printed. 
Minister of Women's Affairs Ghazanfar announced to visiting 
representatives from the Congressional Research Service on 
October 12 that the law would be published "within the next 
two or three days."  However, the law, which was signed by 
Presidential decree on July 19 during a parliamentary recess, 
already appears on the MOJ website.  According to Article 44 
of the law, it "shall be enforced from the date of 
publication in the official gazette."  Minister Danesh gave 
no indication as to why the MOJ has taken over two months to 
publish EVAW, versus the eight days they needed to publish 
the Shia Personal Status Law (SPSL), which the President also 
signed on July 19.  The Minister assured the Deputy 
Ambassador he understood the international community's 
interest in the EVAW and SPSL, and agreed with the Deputy 
Ambassador's exhortation to "keep working for women's and 
men's rights." 
 
----------------------- 
The Path to Improvement 
----------------------- 
 
3.  (SBU) Over the past several months, numerous civil 
society representatives and progressive MPs have expressed 
their strong approval of EVAW (reftel).  They are without 
reservation in favor of a law that will protect women from 
all forms of violence.  However, the version of the law that 
President Karzai signed is not as strong as it could be. The 
Criminal Law Reform Working Group (CLRWG), composed of both 
international and Afghan legal experts, submitted suggested 
revisions on EVAW to the legislative drafting office of the 
MOJ in June.  The MOJ only accepted approximately ten percent 
of their recommendations.  While the law is an important 
piece of legislation and a step forward for human rights in 
Afghanistan, the CLRWG convincingly argues that it is not yet 
as strong as it needs to be in order to be most effective. 
 
4.  (SBU) In early September the MOJ passed the signed EVAW 
law to the Parliament for their review, per Article 79 of 
Afghanistan's Constitution applying to laws signed during 
Parliamentary recess.  The CLRWG, co-chaired by the UNODC and 
the INL-funded Justice Sector Support Program, met with the 
Women's, Civil Society, and Human Rights Committee (the 
Committee) in the lower house of Parliament on October 4 to 
encourage the Committee to amend the law.  The CLRWG is 
pressing for the same changes they initially proposed to the 
MOJ before the law was signed.  In order to revise the EVAW 
law, the Parliament will need to amend the soon-to-be 
published version after it is in the legal gazette.  The 
CLRWG proposed revisions based on the rationale that 
"effective protection of women is possible only when the law 
can be effectively implemented in a way that achieves its 
desired aims."  Given Minister Danesh's comment to the Deputy 
Ambassador that, in Afghanistan, "laws are generally 
well-intentioned, but there are problems implementing them," 
efforts to ensure EVAW can actually be enforced are important. 
 
5.  (SBU) CLRWG representative Michael Hartmann provided the 
Committee with suggestions on how to improve the law in key 
areas which would align the law with the already-existing 
penal code, improve enforceability, and remove 
criminalization of non-criminal acts (such as cursing).  The 
CLRWG recommended a number of EVAW articles be amended to 
refer to or amend the penal code.  According to CLRWG's 
analysis this would strengthen, rather than override or 
 
KABUL 00003210  002 OF 002 
 
 
contradict, criminal law in Afghanistan.  For example, the 
group recommended EVAW include an article amending Article 
427 of the penal code, which currently criminalizes adultery. 
 The amended language would separately and more harshly 
criminalize rape.  Amending the penal code would also ensure 
that male victims of rape are provided the same rights as 
female victims.  The CLRWG recommended language in seven 
articles of the EVAW law that more precisely defines the 
material elements of prohibited conduct.  The revised 
language more clearly defines crimes, thus making it easier 
for prosecutors to prove that a crime was committed. 
Additionally, the CLRWG suggested the Committee remove 
"unrealistic promises" included in the law, such as mandatory 
government-provided legal aid and prioritization of EVAW 
cases, which either violate others' rights or are simply 
impossible given the current legal infrastructure in 
Afghanistan. 
 
6.  (SBU) Members of the Committee who participated in the 
meeting, including MPs Tahera Meherzada (Tajik, Kapisa), 
Sabrina Saqib (Tajik, Kabul), Babrak Shinwari (Pashtun, 
Nangarhar), and Sadat Fatahi (Tajik, Herat), as well as two 
legal advisors, appeared to agree with CLRWG's October 4 
presentation.  They were receptive to the groups' 
suggestions, though Shinwari noted that any changes they make 
must "be in line with Afghan culture."  He was certain that 
some MPs in the lower house would oppose the solutions to 
women's right violations proposed in the EVAW law.  Saqib, 
however, was optimistic that conservative elements in 
Parliament would allow the changes, particularly those which 
either remove articles completely or refer back to the penal 
code. 
 
------------------- 
The Long Road Ahead 
------------------- 
 
7.  (SBU) There is still a long road ahead to Parliament's 
approval of an amended EVAW law.  The Committee expects to 
receive input on the law from Afghan civil society leaders 
shortly.  They will then share the law with international 
organizations for their feedback.  Once the Committee has 
agreed on revised language, they will send EVAW to 
representatives from 18 other Parliamentary committees for 
their review.  The entire lower house was scheduled to debate 
the law on October 13, however, the Committee chair recently 
requested an extention.  Abdul Ghafar Jamshedee, Deputy 
Secretary General of the lower house, said it will be a 
"tough debate" which will likely continue for several 
sessions.  He said passing the revisions "will not be easy... 
Afghanistan is a conservative country."  Once the lower house 
approves a revised version, the upper house will still need 
to debate and approve the law.  As both houses of Parliament 
have reached quorum only once in the last three months, the 
process of reviewing and revising the EVAW law is likely to 
drag out well into 2010.  This, however, is a speedy 
improvement compared to Parliamentary review of past 
Presidential decrees, which has sometimes taken years to even 
initiate.  International interest in the law likely pressured 
government officials to hasten the legislative process for 
EVAW. 
 
8.  (SBU) Once EVAW is published in the official gazette, and 
even before the necessary revisions are in place, the 
immediate task will be to continue to strengthen the 
institutions that support the effective implementation of the 
law.  Afghanistan needs to continue to train police to work 
with women victims of violence, provide legal assistance, and 
educate lawyers and judges familiar with the country's new, 
progressive laws.  Manizha Naderi, Director of Women for 
Afghan Women and the head of a women's shelter in Kabul, 
warned that most provincial courts will not likely enforce 
EVAW any time soon. 
 
9.  (SBU) COMMENT: The current, signed version of the EVAW 
law will remain in effect from its publication until the 
possible publication of a revised version.  Extremely 
dedicated Afghan women's rights activists and progressive 
members of Parliament worked hard to draft a law that would 
protect women.  However, in order for the law to be most 
effective, it is important Parliament review and rwill continue to 
support.  END COMMENT. 
EIKENBERRY