US embassy cable - 03SANAA2134

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 002134 
 
SIPDIS 
 
E.O. 12958: DECL: 08/24/2008 
TAGS: KJUS, PHUM, PGOV, PINR, YM 
SUBJECT: YEMENI JUSTICE MINISTER PLANS FOR REFORM 
 
Classified By: Charge d'Affaires Alan G. Misenheimer for Reasons 1.5 (b 
,d) 
 
1.  (C)  Summary and comment:  Charge, accompanied by 
pol/econoff, called on newly-appointed Minister of Justice 
Dr. Adnan Omar al-Jafri on August 24 to discuss judicial 
reform efforts in Yemen.  The Minister described his 
methodology for approaching the reform he admits is sorely 
needed, highlighting specifically the role of women and the 
need for commercial law reform.  The Minister will attend the 
Arab Judicial Forum in Bahrain and said repeatedly the "doors 
are open" for cooperation between his Ministry and the USG on 
reform efforts.  A congenial and energetic persona, the 
Minister appears eager to make his mark on judicial reform. 
However, given the complicated and antiquated justice sector 
in Yemen and his newness in the ROYG Cabinet, it remains to 
be seen if his efforts will result in the kind of concrete 
reform that Yemen needs.  See paragraph 7 for biographic 
data.  End summary and comment. 
 
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He Has a Plan;  Requests USG Assistance 
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2.  (U)  The Charge asked about ROYG efforts on judicial 
reform since 1997 and the Minister's plans for continuing 
reform, particularly regarding women.  The Minister said he 
visited all twenty governorates over the summer, exploring 
such issues as accessibility to justice, the speed by which 
judgements were made and the special difficulties faced by 
women seeking justice.  He said that eight conferences will 
be held over the next month covering all governorates to 
discuss judicial reform.  The results and recommendations of 
the conferences will be brought together in a large gathering 
in Sanaa, with the aim of developing a comprehensive reform 
document that would provide the basis for the ROYG's reform 
efforts.  He noted the sessions would be open to the public 
and invited Embassy officials to attend. 
 
3.  (U)  The Minister said that the international community 
has not provided the necessary engagement on judicial reform. 
 However, he admitted that part of the problem has been a 
ROYG reluctance to be open to such assistance, partly because 
of the Islamic Shari'a roots of Yemen's law practices.  He 
emphasized that his "doors were open" to strong cooperation 
and assistance and said that once his reform plan is 
developed, he plans to engage with the donor community on a 
frequent basis.  He said he would like to work closely with 
the U.S. Embassy to cooperate in "all areas" of judicial 
reform.  He also described his efforts to modernize 
administrative aspects of the judicial sector that need 
assistance, including putting hand-written laws and court 
decisions on computer and training staff.  (Note:  Both the 
World Bank and the United Nations Development Programme have 
nascent programs to assist the justice sector.  Bilateral 
assistance is limited.  End note) 
 
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Increasing Role of Women; Commercial Law Reform 
--------------------------------------------- -- 
 
4.  (U)  On increasing the number of women in the justice 
sector, the Minister said that more than half of the law 
students in Aden were women, noting that "all fields are open 
to them."  (Note:  Yemen currently has less than ten female 
judges, all of whom serve in family court.  One of the 
participants attending the Arab Judicial Reform conference in 
Bahrain is a female commercial lawyer based in Aden, Reem 
Abdullah.  End note) 
 
5.  (U)  The Charge also asked about Yemen's weak commercial 
law courts, which the Minister agreed create a disincentive 
for foreign investment.  Al-Jafri noted the sector only has 
five commercial law courts and thirty judges, not all of whom 
are trained in commercial law practice.  He requested 
assistance with training programs targeting commercial law 
reform, including English-language training. 
 
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Attending Bahrain Conference 
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6.   (U)  Minister al-Jafri expressed appreciation for the 
Bahrain conference and said he looks forward to attending. 
He said he is particularly interested in meeting Justice 
Sandra Day O'Connor and discussing possible cooperation with 
the United States. 
 
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Bio Data 
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7.  (U)  Biographic data for Dr. Adnan Omar al-Jafri: 
 
--  Minister of Justice, appointed May 2003 
--  Born 1961, Aden 
--  PhD in International Law, Aden 
--  Attorney General of Abyan Governorate 
--  Deputy Dean of the Faculty of Law;  Dean of the College 
of Education, Abyan 
--  Member of Parliament, Constituency 25 
MISENHEIMER