US embassy cable - 05MANAMA1265

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MINISTER OF JUSTICE SUPPORTS MEPI JUDICIAL REFORM

Identifier: 05MANAMA1265
Wikileaks: View 05MANAMA1265 at Wikileaks.org
Origin: Embassy Manama
Created: 2005-08-31 15:05:00
Classification: CONFIDENTIAL
Tags: KJUS PGOV KDEM PREL BA
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.

311505Z Aug 05
C O N F I D E N T I A L SECTION 01 OF 02 MANAMA 001265 
 
SIPDIS 
 
COMMERCE FOR CLDP 
 
E.O. 12958: DECL: 8/29/15 
TAGS: KJUS, PGOV, KDEM, PREL, BA 
SUBJECT: MINISTER OF JUSTICE SUPPORTS MEPI JUDICIAL REFORM 
 
REF: A. SECSTATE 158420 
 
     B. SECSTATE 158419 
     C. MANAMA 1131 
     D. MANAMA 1091 
 
Classified By: Ambassador William T. Monroe for reasons 1.4 (b) and (d) 
. 
 
------- 
Summary 
------- 
 
1.  (C) In a meeting with the Ambassador August 29, Minister 
of Justice Dr. Mohamed Al Sitry called the new Political 
Societies Law a step forward and pledged to work with 
political societies to make its implementation as agreeable 
as possible.  The Minister gave his full support for 
MEPI-sponsored judicial reform programs implemented by the 
American Bar Association (ABA) and the Commercial Law 
Development Program (CLDP), saying that reform was key to his 
agenda as minister.  Al Sitry expressed concern for the 
situation in Iraq, and the Ambassador emphasized the 
importance of publicly encouraging progress in the country. 
End Summary. 
 
----------------------- 
Political Societies Law 
----------------------- 
 
2.  (C) The Minister said that he had been very busy with the 
new Political Societies Law, which gives the Ministry of 
Justice (MOJ) authority over political societies (Refs C and 
D).  (Note:  Previously, political societies operated under 
the 1989 Societies law, which forbids political activity, and 
were under the authority of the Ministry of Social Affairs. 
Several years ago, the GOB gave groups the right to conduct 
political activities despite prohibitions in the 1989 Law.) 
The Minister said that as the new law explicitly gives groups 
the right to engage in politics, it was a remarkable step 
forward in the democratic process.  He predicted that most 
political societies, including leading opposition society Al 
Wifaq, would abide by the rules and formally register with 
the MOJ by November 2. 
 
3.  (C) Al Sitry acknowledged that certain articles in the 
new law were controversial, but pledged to listen to 
political societies and protect their rights.  He noted that 
many people were opposed to the provision that persons under 
age 21 cannot participate in political societies, so he 
recently issued an edict stating that persons aged 18-20 
could join political societies as long as they did not 
participate in internal elections.  On the provision that 
gives the Minister of Justice authority to ban contact with 
foreign organizations, he said he issued an edict stating 
that societies could be in contact with foreign entities so 
long as they informed him first.  (Note:  Several Shi'a 
political activists have expressed concerns that Al Sitry, 
who is also a Shi'a but from the Akhbari trend that is often 
at odds with the more mainstream, and politicized, trends 
within the sect, could prove to be rigid in enforcing the 
law.) 
 
--------------------------------------- 
The National Democratic Institute (NDI) 
--------------------------------------- 
 
4.  (C) The Ambassador mentioned that one of the new law's 
provisions states that political societies cannot accept 
funds or in-kind support from abroad.  The Ambassador told Al 
Sitry that although he understood the motivation behind this 
rule, it placed the MEPI-sponsored National Democratic 
Institute (NDI) program in an awkward position.  NDI was well 
respected and was doing good work in Bahrain.  The Minister 
said that NDI was controversial, and ironically had received 
criticism from some oppositionists who, in his opinion, were 
benefiting the most from the program.  (Note:  He's right; 
NDI has drawn fire from both conservative Sunni and Shi'a 
leaders, whose organizations are avid consumers of NDI 
training.)  The Ambassador replied that leaders from the 
government as well as the opposition had expressed 
appreciation for NDI's activities.  Al Sitry said societies 
could receive training from the GOB-sponsored Bahrain 
Institute for Political Development that will be established 
soon, perhaps in cooperation with NDI.  The Ambassador noted 
that the royal court backed NDI's presence and would likely 
facilitate such an arrangement. 
 
------------------------------------ 
MEPI-funded Judicial Reform Programs 
------------------------------------ 
 
5.  (C) The Ambassador thanked the Minister for welcoming 
MEPI-funded judicial reform programs implemented by the 
American Bar Association and the U.S. Department of Commerce 
Commercial Development Program (CLDP).  Al Sitry said he gave 
his full support to these programs, and in a recent visit to 
the ministry the Prime Minister had also endorsed the work of 
the ABA and CLDP.  ABA Country Director James MacPherson 
noted in the meeting that ABA activities for the month of 
September will include training and IT changes that will 
improve case management; training of judges, prosecutors, and 
other GOB officials on how to deal with trafficking cases; 
and installing electronic recording equipment in a pilot 
court room.  In the next few months, the ABA will also help 
establish specialized financial courts to deal with 
commercial cases more effectively.  CLDP will give a training 
seminar on E-commerce in late September.  The Minister said 
that he was keen to bring about change in the judicial system 
and that he wanted everyone in Bahraini society to know 
his/her rights and obligations.  He said that the ABA and 
CLDP were enhancing the rule of law in Bahrain and would help 
the ministry protect people's rights. 
 
---- 
Iraq 
---- 
 
6.  (C) The Minister asked about the situation in Iraq, which 
he said seemed to be deteriorating.  The Ambassador replied 
that Iraq's transition to democracy would be a difficult 
process, but an important one.  The Ambassador stressed that 
what people outside of Iraq say matters, and governments 
should make public statements that encourage progress and 
advocate a unified Iraq in which all groups are protected 
(Refs A and B).  Al Sitry noted that many people believe the 
Iranians are benefiting from the rising Shi'a influence in 
Iraq, and they are afraid that Iraq could become a strong 
Shi'a state. 
 
MONROE 

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