New Iraqi Law on Baath Worries Ex-Baathists

By Juan Cole, Informed Comment. Posted January 14, 2008.

So the big political news today is that the Iraqi parliament on Saturday finally passed a revision of the "De-baathification" law issued by US viceroy Paul "Jerry" Bremer in May of 2003. That law got tens of thousands of Sunni Arabs fired from their government jobs and excluded from public life and helped kick off the Sunni-Shiite civil war we having been living through for the past few years.

The passage of the new law will be hailed by the War party as a major achievement. But as usual they will misread what really happened.

If the new law was good for ex-Baathists, then the ex-Baathists in parliament will have voted for it and praised it, right? And likely the Sadrists (hard line anti-Baath Shiites) and Kurds would be a little upset.

Instead, parliament's version of this law was spearheaded by Sadrists, and the ex-Baathists in parliament criticized it.

Somehow that little drawback suggests to me that the law is not actually, as written, likely to be good for sectarian reconciliation.

Al-Sharq al-Awsat writes in Arabic that the parliamentarians who criticized the law were drawn from the National Dialogue Council led by ex-Baathist Salih Mutlak, from the Iraqi National List of Iyad Allawi (an ex-Baathist), and from two of the three parties that make up the Sunni Arab National Accord Front.

So the parties in parliament that have the strong Baathist legacy did not like the law one little bit. But they are the ones that it was intended to mollify!

Parliament has been unable to get a quorum on several recent occasions, and barely mustered a quorum on Saturday, with 143 members in attendance out of 275. The new law passed with a narrow majority. The vote count was not published anywhere I could find it, but it could have been as low as 72.

Now, when the Iraqi cabinet of PM Nuri al-Maliki initially introduced the draft bill into parliament last November 25, the Sadr Movement deputies rhythmically pounded their desks in protest. The Sadrists have a special and abiding hatred for the Baath Party, which killed both major clergymen that they venerate, Muhammad Baqir al-Sadr (d. 1980) and Muhammad Sadiq al-Sadr (d. 1999). But on Saturday the Sadrists spoke for the new law. Very suspicious.

Al-Sharq al-Awsat says that the current head of the De-Baathification Commission, Falah Hasan Shanshal, is a member of the Sadr Movement. He said, "The law was legislated to punish anyone who committed a crime against the children of the Iraqi people . . . and in tandem, to provide that anyone who had not committed crimes must retire. Those persons may also return to public life, with the exception that some cannot work as bureaucrats in the judicial, ministerial or security bureaucracies, or in the ministries of Foreign Affairs or Finance. He added that "everyone agreed on punishing the Baath Party as a party that committed crimes against the Iraqi people." He expressed the hope that the law would be quickly ratified by the presidential council.

See more stories tagged with: iraq, sunnis, debaathification

Juan Cole is a professor of history at the University of Michigan and maintains the popular blog Informed Comment.

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