US embassy cable - 04KUWAIT3633

C O N F I D E N T I A L SECTION 01 OF 02 KUWAIT 003633 
 
SIPDIS 
 
STATE NEA/ARPI 
 
E.O. 12958: DECL: 10/24/2014 
TAGS: PREL, PTER, PGOV, KWMN, PHUM, PINR, KU 
SUBJECT: JUSTICE MINISTER: U.S. HUMAN RIGHTS REPORT FLAWED, 
KUWAIT TOUGH ON TERROR, AND WOMEN'S RIGHTS WILL HURT KUWAIT 
 
Classified By: Ambassador Richard LeBaron for reason 1.4 (b) and (d) 
 
1. (C) Summary: During a meeting with the Ambassador on 
October 23, Justice Minister Ahmed Baqer disputed U.S. claims 
of a corruptible judiciary, increased censorship, and 
preferential treatment of Kuwaiti nationals and discussed 
what he sees as numerous mistakes in the 2003 Department 
Report on Human Rights Practices in Kuwait.  He said the 
Palestinian issue will continue to reduce support for U.S. 
counterterrorism policies.  Baqer, the only Salafi Islamist 
in the Cabinet, opined that Kuwaiti society would be harmed 
if women gain their political rights.  End Summary. 
 
Much in the Human Rights Report "Baseless" 
------------------------------------------ 
 
2. (SBU) In a frank but friendly October 23 meeting with 
Ambassador LeBaron, Justice Minister Ahmed Baqer challenged 
the contention in the 2003 Human Rights Report, that the Amir 
has direct oversight of the judiciary and can influence 
decisions.  He defended Kuwait's position by repeatedly 
insisting that the Kuwait judiciary is independent and is 
free of all influence and corruption.  He explained that even 
he, as Justice Minister, cannot talk to a judge regarding any 
case and added even the family of the Amir loses court cases. 
 
3. (C) The Minister disputed many other items in the Report, 
such as legal favoritism of citizens over non-citizens and 
denied that anyone had been tortured while in custody.  He 
also argued that the draft press and publications law will 
not increase censorship.  (Note: The new draft press law, if 
passed, will significantly increase fines and prison 
sentences for journalists who defame the prophets and the 
Amir. End Note.)  Responding to the Ambassador's comment that 
laws on the books need to be properly enforced, the Minister 
replied it was hard to imagine that Kuwait has any law that 
goes unenforced.  (Comment: In Post's observation, many laws 
are ignored in practice here from seatbelt regulations to 
constitutional guarantees of religious and political freedom. 
 End Comment.)  Baqer contended that certain issues mentioned 
in the report concerning religious matters such as 
inheritance and marriage law cannot be changed because they 
are in the Qur'an.  Baqer presented the Ambassador with a 
bound copy of the Justice Ministry rebuttal of the 
Department's Human Rights Report. 
 
Kuwait Is Strong On Terror 
-------------------------- 
 
4. (C) Responding indirectly to the Ambassador's concerns of 
a perceptible gap between the U.S. and Kuwaiti approach to 
combating terrorism, the Justice Minister remarked that the 
decision to convict suspected terrorists is in the hands of 
the "independent" judiciary.  Baqer assured the Ambassador 
Kuwait has good strong laws in this area, some of which call 
for capital punishment.  The Minister explained that should a 
minor be convicted of a crime for which an adult would be 
sentenced to death, the minor, instead of receiving capital 
punishment would be sentenced to ten years imprisonment, and 
there is an effort underway to increase the term to 15 years. 
 
5. (C) Baqer further explained that the U.S. cannot eliminate 
terrorism unless U.S. policy regarding the Palestinians 
changes.  He remarked that no Muslim will ever support the 
Israeli occupation and he further argued Israel should expect 
to be attacked because it occupies "other peoples' land."  He 
counseled that many in the Muslim world will continue to 
oppose U.S. policy because America "completely supports 
Israel."  The Ambassador reminded the Justice Minister that 
despite the difficulties of the Arab-Israeli Peace Process, 
the U.S. strongly supports a two-state solution. 
 
A Women's Place Is In The Home 
------------------------------ 
 
6. (C) The Justice Minister, who is also an elected Member of 
Parliament (MP) and vocally opposes granting women their 
political rights, offered his opinion on the future of 
women's rights in Kuwait. (Note: In May, the Cabinet 
approved a draft bill granting women the right to vote and 
run for office in National Assembly elections.  The bill is 
scheduled to be addressed during the Parliamentary session, 
which opens October 26. End Note.)  Baqer characterized the 
family as the most important element in Kuwaiti society and 
said although men and women both share family 
responsibilities, a woman's place is in the home.  He argued 
that taking women out of the home and putting them into 
politics ultimately hurts the family and insisted that Kuwait 
has many other problems, such as crime and narcotics, which 
can be traced to emulation of Western lifestyles.  He further 
stated that the man's vote represents his entire family and 
giving women voting rights will only provide men with two 
votes because the wife will vote according to her husband's 
wishes.  (Comment: Baqer, a Salafi who voted against the 1999 
women's rights initiative as an MP, may abstain from voting 
because of his Cabinet position should the women's rights 
bill make it to the floor of Parliament.  If, however, he 
chooses to vote his conscience, it would mean breaking 
Cabinet solidarity and creating a dilemma for the Prime 
Minister: allow Baqer to vote as he pleases or publicly 
acknowledge that his government does not fully support his 
commitment to equal political rights for women. End Comment.) 
 
Baqer's Future Unknown 
---------------------- 
 
7. (C) With constant talk in local press about the 
probability of another season of National Assembly 
"grillings"--the process of interrogation of Cabinet 
Ministers through which they can be ousted by a Parliamentary 
vote--the Minister's future is likely to include such an 
interpellation.  Baqer candidly informed the Ambassador he 
has no plans to leave his current post but said that no one 
really knows what will happen.  He remarked that Prime 
Minister Shaykh Sabah Al-Ahmad recently told the Cabinet that 
he had no plans to change its composition, but Baqer pointed 
out the National Assembly has power of its own to decide 
these matters.  He expects to be grilled. 
 
 
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LeBaron