US embassy cable - 03SANAA2681

UNCLAS SANAA 002681 
 
SIPDIS 
 
STATE FOR NEA/PI (WINCUP) 
 
E.O. 12958: N/A 
TAGS: PREL, KJUS, PGOV, YM, DEMOCRATIC REFORM 
SUBJECT:  ROYG JUSTICE MINISTER ON BAHRAIN CONFERENCE; 
PROSPECTS FOR YEMENI REFORM 
 
1.  (U) Ambassador accompanied by Pol/Econ Deputy 
(notetaker) called on Minister of Justice Adnan al-Jafri to 
discuss the September Arab Judicial Forum conference and 
progress in reforming the Yemeni justice system on November 
5.  After detailing serious problems with the rule of law in 
Yemen, the Minister urged the Ambassador to seek U.S. 
assistance to reform the judiciary.  Al-Jafri said, "an 
efficient and strong judiciary is essential to creating 
stability in Yemen and in the region."  The Ambassador 
agreed to explore ways in which to assist, particularly in 
the area of commercial law reform.  End Summary. 
 
ARAB JUDICIAL FORUM - GREAT SUCCESS 
 
2.  (U) The Minister expressed great appreciation for the 
MEPI-supported Arab Judicial Forum that was held in Bahrain 
in September.  He said he wanted to bring together the 
Yemeni participants to discuss lessons learned and how to 
apply them in Yemen.  Al-Jafri praised the participation of 
Justice Sandra Day O'Connor and noted the following areas as 
being particularly useful as the Ministry draws up its 
strategic plan for reform: 
 
-- Improving the selection and training of judges, including 
their morals and ethics as well as their rights and 
obligations; 
 
-- Ensuring the independence of the judiciary; 
 
-- Exploring the role of civil society organizations in 
improving the rule of law; 
 
-- Strengthening human rights provisions in the judiciary 
and in legislation; 
 
-- Applying legislation super-nationally in areas such as 
corruption, transparency and money laundering; 
 
-- Codifying Shari'a law. 
 
WIDESPREAD PROBLEMS WITH YEMENI JUSTICE SECTOR 
 
3.  (U) The Justice Minister said he was developing 
ambitious plans for re-structuring and reforming the 
judiciary.  He invited U.S. representatives to a December 14 
conference in Sanaa that will bring together the results of 
public discussions held in the governorates over the past 5 
months in order to develop a written strategic plan for 
reform.  The Minister outlined numerous problems facing 
justice reform efforts.  Generally, he noted the lack of 
access by the less powerful, such as women and the poor, and 
the complicated procedures that prolong the path to justice. 
He also said the lack of women judges exacerbated women's 
ability to seek justice and that the political will to 
appoint more women judges was an obstacle rather than the 
law itself.  He described the problem of traditional tribal 
justice and the intervention of powerful sheikhs in 
resolving disputes.  He said corruption was an endemic 
problem, with 13 judges dismissed in 2003, as well as 
antiquated administrative procedures that limit judges' 
ability to apply the law properly. 
 
4.  (U) Specifically, the Minister highlighted commercial 
law reform as a vital area for improvement. The investment 
climate cannot improve until the commercial courts play 
their role robustly in fair judgments and implementation. In 
addition to investment problems, al-Jafri noted land 
disputes, maritime law and money exchange as other areas for 
improvement. 
 
COMMENT:  POSSIBILITIES FOR U.S. ASSISTANCE 
 
5.  (U) With areas and prospects for reform so diverse at 
this time and ROYG reform efforts still underdeveloped, Post 
will continue to explore ways to follow-up on the Bahrain 
conference directly.  However, Post believes that the area 
of commercial law reform provides an area for reform that 
can be assisted immediately.  Post will seek MEPI or other 
appropriate funds to develop a program to improve the 
commercial law system, including training judges and lawyers 
in commercial law, deconflicting old laws remaining on the 
books since unification and improving enforcement of 
commercial rulings. End Comment.