VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #1706 3021621
ZNR UUUUU ZZH
O 291601Z OCT 09
FM SECSTATE WASHDC
TO AMEMBASSY KABUL IMMEDIATE 4041

UNCLAS STATE 111706 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAID KJUS PGOV PHUM AF
SUBJECT: APPROVAL FOR RULE OF LAW STABILIZATION PROGRAM 
 
REF: KABUL 2932 
 
¶1. (U) Washington has reviewed the US Government Rule of Law 
Strategy for Afghanistan and the revised Rule of Law 
Stabilization (RLS) Program, and agrees with Ambassador 
Eikenberry's message (REFTEL) highlighting the need to move 
forward with a program that begins to address one of 
Afghanistan's biggest governance challenges. 
 
¶2.  (SBU) We approve Pillars 1, 3, and 4 of the Rule of Law 
strategy, but would like to consult further with Embassy 
Kabul on pillar 2 (corrections and detention). We support 
Embassy Kabul's plan to implement the Rule of Law 
Stabilization (RLS) program, with the following caveats and 
requests: 
 
-- Coverage.  The revised RLS program plan for Pillar 3, 
supporting traditional justice mechanisms, expanded coverage 
to 3-6 teams working in as many as 42 districts of four 
provinces in RC-South.  This is an ambitious expansion; we 
look forward to regular reports about the initial build-up as 
well as the preliminary field work prior to the six-month 
review.   Washington understands that the contractor's 
ability to field teams in this many districts is contingent 
upon security and mobility issues. 
 
-- Regular Reporting.  Although there will be a six-month 
review, we ask for monthly updates from post on the progress 
in a few key areas to give greater visibility on the success 
and progress of the pilot Pillar 3 program.  These reports 
should include: 
 
      - Number of teams in the field; 
      - Number of districts covered; 
      - Number of disputes addressed; 
      - Best practices/lessons learned; 
      - Any additional information post deems important to 
assess the impact of the program. 
 
--Status updates on the embedded RLS advisors.  Washington 
understands that the U.S. Rule of Law Coordinators will be 
based at the regional platforms and at the PRTs, and will 
work closely with RLS implementation teams to assure synergy 
within our justice sector programming.  We also are aware 
that the RLS strategy proposes to add experts from Muslim 
countries/Afghan advisors to U.S. RLS teams, as well as 
advisors from non-Muslim countries.  We would like regular 
updates on how effective embedded RLS advisors are to the 
program. 
--Six-month review.  We request an interim evaluation on the 
progress and effectiveness of the RLS at the six month point. 
 Because Embassy Kabul proposes to employ sole source 
contracting, without a competitive bidding process, we find 
it essential to have a mechanism that shows careful oversight 
of the activities and progress.  Washington accepts that 
mid-February is the earliest target date by which the RLS 
program could start; we ask that post keep Washington 
apprised of any delays in meeting program implementation.  We 
also ask that Embassy Kabul keep in mind the metrics 
requirement regarding ROL issues as the contract goes forward. 
 
-- Allocation of resources.  Washington understands that the 
USD 25 million figure for the RLS program breaks down to 30 
percent towards the formal justice sector, 60 percent to 
informal, and 10 percent to legal awareness. 
 
-- Washington/Embassy Kabul ROL working group.  We anticipate 
continued, keen interest in the ROL program from the Hill. 
With the conclusion of the Afghan elections and agreement on 
a compact with the new government, Washington plans to 
provide regular briefings to Congress and will, therefore, 
require regular updates from the field.  In addition, we want 
to ensure that the ROL program receives rapid Washington 
support/response to issues requiring Washington's assistance. 
 For this reason, continued close collaboration between 
Washington and the field in this area remains crucial. 
 
 
¶3.  (U) We appreciate the importance of rule of law 
programming for our overall goals in Afghanistan, and thank 
post for its detailed and thoughtful work. This is a joint 
message from SRAP's office and D Lew's staff. 
CLINTON