07-F-2544 Debaathification Regulations Jan-10-2004

~~find the DeBaathifk:atlon regulatlone that viii be lsaued tomorrow by the IGC, followed by an Exec Summary and commenta. Very reepectfully • Cathenne Catherine M. Dale, Ph.D. CJTF-7 Polltlcal Advlaor j DECLASSIFIED j ~ [j 010904 o.e.cti RtgU1811one .doc ... COVER MEMORANDUM SUBJECT DBBAA1lllFICATION REGULATIONS DATB 10 JANUARY 2004 SUMMARY The Governing Council bas finalized regulations for the DeBaathificarion process (attached), and will publicil.c them toimrrow. The long o\Udue Nles will provide welcome clarity, but the terms will frustrate some. DISCUSSION ' • • The great DcBaatbjfjcatlon debe.le began on 16 May 2003 when CPA issued Order Number l, which disbeDded the Baath Party; provided for the nm>val from public sector office of all firqa-level and above Party ~ and established an appeals rnrtlanivn that required final docisio~by the Administrator. • CPA policy always encouraged Iraqis to take ownership ofDeBaathification; but after extended foot- dragging, CPA began to draft plans for an Iraqi-led process. As these plans neared fruition., on 14 September the JGC acized the initiative by issWDg a .Decision -without prior consultation with CPA - which stated that the new Higher Nation.al DeBaalhificat:¥>n Council was in charge of the process. On 4 November, CPA, left with few good optioo.s, delegated authority fur DeBaathification to the IGC. On the ground. DeBaathification continue in an ad h:>c fashion. Pressed by CPA to funmlalc clear 2 1111!! DECLASSIFIED BY ......._~~--=.,,.._- DATE OC/11112001 FOIA CASE # regulations for DeBaatbffication, including an appeals mechanism to guarantee due process. the IGC at last produced this document. Provisions: • In the new regulations, the IGC delegates authority to the Higher National DeBaatbificatiom Council. The DeBaath process is run and executed by the Ministries.. ,- >r-> '' • All firqa and above, and those additional'Party members who served in the top three administrative posts, are to be fired immediately. • An appeals process is to be established, for firqa category. Each ministry will establish its O· WD commission in each province, overseen by the respective 00. • New to the dynamic is a pension provision for the firqa category. DeBaatbificd persons mist clX>ose between accepting a pension, and appealing their case but relinquishing all claim to a pensio.n • There is a timeline. DeBaathified persons have two weeks to respond; and coJIIIlissions Il:Jlst provide a written decision within six weeks. • Exceptions to DeBaatbification are granted to those POWs from the war with Iran woo were awarded firqa status for their service. BWlhultion: • The creation of a firm timeline to oold the appeals meclJlmiSJlVI accountable is encouraging. However, there are few indications that all ministries will have all of their provincial commissions in place in the near future; and ~while, further and co~ive DeBaathification 1w been ordered etmcti\'e imnediately. The six-week guarantee on paper is not helpful unless administrative bodies are in pJace. • The JOOSt bizarre twist is the imposed either/or cooice between appeals and pensions. Not surprisingly, Cbalabi expects that roost of the DeBaathified will opt for the pensions, rather than risk k>sillg potentially their only source of income. Even tbose woo have strong exculpatory cases may shy away from appealing unless they have real confidence in the fragile new appeals com:nissions, and unless other appeals cases have already succ.eedcd. Worse still. those woo cooose pensions, the safe option, may be perceived by outsiders as admitting their "guilt " . CPA Assessnaent: • CPA recognizes that the appeals/ pensions dich.'>tomy is not ideal, but Go~ argues that this is the best they could do given the political context. More broadly, CPA considers that this approach to DeBaatbification is likely to satisfy roost Sbia that justice is being done, and m>st Sunnis that some aasure of protection is afforded. • T01oorrow the IGC will annowx:e the new regulations and begin to issue an explanatory booklet. In a MeIIX> dated 7 December, Amb Bremer reminded all Coalition ~mbcrs that DeBaath:ification is strictly an Iraqi matter - essentially, "hands off!" While we have oo formal role to play, the way these regulations are implemented will have ~ direct bearing on the safe and secure environmem. CJTF7 and units 800uld 3 I» tilmiliiu' with what the process is supposed to look like, and should keep ears to the ground about bow it is actUally being ~ed. Qmlftcdon; ..... Clvea11: NONE I DECLASSIFIED I 4