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U.S. Ban On Baathists Illegal, Unfair: Experts

Bremer’s announcement of the ban draws large criticism

By Mustafa Abdel-Halim, IOL Staff

CAIRO, May 17 (IslamOnline.net) - The U.S. occupation authorities’ decision to ban 30,000 members of Saddam Hussein’s Baath Party from holding government jobs is an unfair and illegal, human right activists and international law experts agreed Saturday, May 17.

“It is a wrong move that sends the message clear to democracy advocates that occupation forces are forcibly stretching muscles of other political factions,” Negad al-Bir’ee, a human rights activist, told IslamOnline.net Saturday, May 17.

Al-Bir’ee, who doubles as a lawyer, warned that barring key Baathists from any future Iraqi government with their large number of members estimated at more than a million “violates international conventions, including the Geneva conventions”.

“The Baath is an ideological formation, not a religious trend, so Baathism could not be extirpated from the Iraqi society whatever blows it would be dealt,” he added, dismissing Iraqi civil administrator Paul Bremer’s assurance that the exclusion move would “put a stake in the heart” of the former ruling party.

“It is inevitable that some troublesome Baathists will slip through the cracks while others with more modest party roles will be mistakenly fired,” Washington Post quoted American officials as acknowledging.

The purge reversed a previous U.S. policy that excluded only the disbanded party's most senior members and those closest to Saddam, the paper added.

“Illegal”

“The occupying powers, as they were defined in a U.S-British-Spanish U.N. Security Council draft resolution, are only empowered to restore basic services to the war-torn country without interference in the political process,” Ahmed Abu al-Wafa, an International Law expert, told IOL.

“The occupation is originally illegal, so all of the decisions taken through it are consequently illegal,” Abu el-Wafa contended.

Some legalists agreed that some members accused of committing crimes or torture acts could be legally excluded of assuming any government posts.

“But imposing such a punishment on others is an unacceptable justification for acting against the principle of equality granted to all citizens,” said al-Wafa.

According to the new U.S. policy, all Iraqis who work for the government will be required to sign "some form of denunciation or renunciation" of the Baath party.

But the policy will also lead to the rejection of some talented technocrats and the ouster of some Baathists already recruited for leadership positions, U.S. officials said.

"De-Baathification will necessarily entail some inefficiency in the running of government. We recognize this is not going to be a very tidy process," a senior U.S. who announced the policy was quoted as saying.

“Vacuum”

Any decisions by the occupation powers are deemed illegal, according to experts

Experts also warned that the set-up of a new administration with new people would take a long time, something that further exacerbates the situation in a country already plagued with anarchy and lawlessness.

“The U.S. should have banned those very loyalists to Saddam, and not 40,000 people,” Hassan Nafaa, an Egyptian political writer, told IOL.

“Out of the exclusion decision, there will be an administration vacuum too big to be filled up in a short time,” Nafaa said.

Full party members who served as top managers in the country's ministries, hospitals and universities must be dismissed, as required under the new policy. There are also 2,000 Baathists still holding sensitive posts in the war-torn country.

Nafaa said turning Baathists away from the new Iraq was expected as the U.S. only wants a “democracy that does service to its interests, and not a one that ensures the participation of all political and ethnic factions”.

The Americans still maintain that divided and untested Iraqi parties are unprepared to take charge of reviving the economy and rebuilding the government. It also called in its Security Council draft resolution for a free hand to run the country’s oil revenues without international oversight.

Asked if the purge of Baathists is a sort of a new wave of McCarthyism, Nafaa answered in positive, citing that U.S. authorities expect to question individuals about any Baath past, check with co-workers and consult whatever government records or public records that can be found.

Egyptian Deputy Foreign Minister Abdullah al-Ashaal said the ban on largely-numbered Baathists is a new attempt to “make the change in society as radical as possible”.

“Under International Law, such a change is not allowed,” Ashaal said, adding the American move is a rerun of “de-Nazification” in Germany.

Questioned

Iraqis felt skeptical over the U.S. step to ban the Baathists, as the U.S. forces even failed to get to grips with the breakdown of law more than one month after rolling into and declared the fall of the Baathists regime.

When Stephen Browning, the U.S. manager overseeing the Iraqi Health Ministry, required signatures last week denouncing the Baath Party, more than 50 aspiring administrators signed, but they later questioned the fairness of the requirement, the Post reported.

Several said they were incredulous that the U.S. government, which has pledged to bring democracy to Iraq, has banned a political party even the Baath Party, with its record of abuses, added the American daily.

Others said they were amused, with one woman calling it "hilarious" that Iraqis who had to pledge fealty to the party to get jobs in Saddam's Iraq will have to renounce the party to get jobs now.

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