US embassy cable - 04MANAMA268

C O N F I D E N T I A L MANAMA 000268 
 
SIPDIS 
 
DEPARTMENT FOR NEA/PI, NEA/ARP, AND DRL/PHD 
CAIRO FOR STEVE BONDY 
LONDON FOR ETHAN GOLDRICH 
 
E.O. 12958: DECL: 02/23/2029 
TAGS: KMPI, KDEM, KJUS, PHUM, PGOV, BA 
SUBJECT: JUSTICE MINISTER: MEPI JUDICIAL  REFORM PROJECT 
MUST STAY LOW PROFILE 
 
REF: 03 MANAMA 237 
 
Classified By: Charge d'Affaires Robert S. Ford for reasons 
1.4 (b) and (d). 
 
1.  (C)  SUMMARY.  The Minister of Justice has decided that 
the MEPI-funded ABA judicial reform project should maintain a 
low profile to avoid criticism or friction from Muslim 
conservatives.  He promised the Charge on February 23 that 
the ABA representatives would have full freedom to meet and 
communicate with all Bahrainis.  However, the ABA contractor 
claimed that the Minister backpedaled on this commitment on 
February 24.  The ABA representative said he cannot guarantee 
the success of the project with limitations to access and 
communications.  An important follow-up project to the Arab 
Judicial Forum, its success is important to MEPI's regional 
judicial reform effort.  The situation appears manageable but 
may require a significant investment of time and intensive 
management to find ways for the ABA representative to achieve 
his objectives while meeting the Minister's concerns. END 
SUMMARY. 
 
2.  (C)  Charge met with the Minister of Justice Jawad bin 
Salim Al Arayed on February 23 to discuss some concerns ABA 
representative John Hermina raised with PolOff about his 
working conditions at the MOJ.  Hermina mentioned to us on 
February 18 that Al Arayed instructed Hermina not to seek ABA 
office space outside the MOJ, not to contact legal 
professionals outside the MOJ, not to seek publicity for the 
judicial reform project and not to discuss the project with 
anyone.  Hermina told PolOff that under these conditions, he 
could not guarantee the success of the project. 
 
3.  (C)  In defense of his instructions, Al Arayed told 
Charge that he knows how best to maneuver through the MOJ and 
the legal community to effect change.  The Minister reminded 
CDA and PolOff that John Hermina is an American Egyptian 
Coptic Christian and that the majority of judges in the 
Ministry are Muslim Egyptians.  "I need to minimize potential 
friction between the MOJ, Hermina, and the Muslim judges," he 
said.  He added that many Ministry employees are Sunni Muslim 
conservatives, not to mention the Sunni conservative cast of 
Parliament.  As a Shi'a minister constantly under criticism 
from this quarter, Al Arayed said he needs ABA to keep a low 
profile to ensure long-term success of reform. 
 
4.  (C)  The Minister told CDA that he has no objections to 
Hermina meeting with whomever he pleases in Bahrain.  He also 
has no objections to the ABA publicizing in its materials in 
the US that they have a project in Bahrain.  Al Arayed added 
that he and John have an excellent working relationship.  The 
Minister was pleased to inform Charge that, with Hermina's 
assistance, the MOJ will start recruiting judges by public 
announcement, and plans for establishing a legal training 
center are underway. 
 
5.  (C)  However, in conjunction with placing a public 
announcement for judge selection, Hermina told PolOff that 
the Minister of Justice refused to allow Hermina to contact 
any representative from the Bahrain Bar Society.  "They are a 
bunch of crooks and you do not want to be exposed to those 
kinds of people," Al Arayed said.  Hermina said that Al 
Arayed's reasons for limiting his access changes from day to 
day. Al Arayed said it was impossible to establish an ABA 
office in Bahrain since ABA is not an NGO nor is it 
registered.  Hermina offered to apply to the Ministry of 
Labor and Social Affairs (MOLSA) to register.  Al Arayed 
responded that as an "independent" NGO, ABA would have no 
sponsorship from the MOJ. 
 
6.  (C)  COMMENT. This project is one of the few bilateral 
judicial reform projects derived from the Arab Judicial 
Forum.  Both sides have a stake in the project's success.  We 
believe the project's birthing pains are manageable, but it 
may take a significant investment of time to find ways for 
the ABA representative to achieve his objectives while 
meeting the Minister's concerns. In particular, we will have 
to find a creative way for Hermina to pursue his contacts in 
Bahrain.  END COMMENT. 
FORD