A Bitter Legacy: Lessons of De-Baathification in Iraq

[A demonstration in Basra on 26 January 2013. Image by Abdulkareem Alamiry via ictj.org] [A demonstration in Basra on 26 January 2013. Image by Abdulkareem Alamiry via ictj.org]

A Bitter Legacy: Lessons of De-Baathification in Iraq

By : Jadaliyya Reports

[The following report was issued by the International Center for Transitional Justice on 4 March 2013.]

A Bitter Legacy: Lessons of De-Baathification in Iraq

Executive Summary

The dramatic collapse of regimes in the Middle East and North Africa (MENA) has raised many important policy and justice questions. One key question is how to deal with former regimes’ security and government apparatuses. The National Democratic Party in Egypt and the Constitutional Rally party in Tunisia were disbanded by the courts. As of late 2012, people in these countries are calling for more to be done—including cleansing remaining members of the old guard from the government and the state.

Iraq’s de-Baathification process is the most current example of large-scale, politically based dismissals in the MENA region. Yet factual information about de-Baathification is scarce, with good reason. From its inception in 2003, de-Baathification was a deeply flawed process. Ineffective and incoherent, it polarized Iraqi politics and contributed to severe instability in the Iraqi military and government—not just in the first flush of regime change, but extending as far as the parliamentary elections of 2010, some seven years later.

This report summarizes the structure and impact of de-Baathification from 2003 to 2011. It gives unique insight into de-Baathification’s goals, framework, impact, and problems. It includes a focused look at de-Baathification in Iraq’s Ministry of Finance from 2003 to 2006 and summarizes seven key lessons for policy makers in other countries.

The report is based on significant field research done between 2003 and 2009, plus research done outside of Iraq in 2011 and 2012. Research included unprecedented access to staff and materials at the Higher National de-Ba’athification Commission (HNDC). The study’s authors have gone to great lengths to obtain and verify the information published in this report. Iraq’s intense political and physical conflict, however, means that many frustrating gaps exist. Nonetheless, this is a uniquely detailed resource for all those who wish to understand what happened with de-Baathification and why.

What are the lessons of Iraq’s unhappy experiment? Based on our research and the experiences of modern vetting programs, ICTJ believes the lessons of de-Baathification are:

  1. Design a vetting program, not a purge. De-Baathification dismissed people based on rank, not behavior, and this created serious problems. Establish clear criteria to use when vetting, and be certain that your vetting procedure meets basic due process standards. If it does not, you risk creating an incoherent, ineffective, and unnecessarily controversial program.
  2. Know your target. Without accurate data, your program risks being impractical and ineffective. It could also create severe capacity problems. If you don’t have such data, pursue a more limited initiative while you gather the information you need.
  3. Set clear, realistic objectives. A vetting program is a tool that uses certain criteria to assess a person’s suitability to be a government employee. The program cannot by itself reform the public sector or deliver justice to victims. Be mindful of any capacity problems and, where possible, take steps to mitigate them.
  4. Don’t create a monster. The framework, powers, and oversight of any vetting program should be defined clearly, and it should be carried out for a limited period of time. Be sure the leadership broadly represents the makeup of your country’s population and is insulated from electoral politics.
  5. Consult and educate. Do not create a program without consulting the people who it  is meant to serve. Their ideas and knowledge may dif er from your preconceptions or may vary strongly among dif erent groups.
  6. Look to the future. Design a program with criteria that can help protect against future abuse: think about promotion, recruitment, and other procedures, not just dismissals. If practical, use your experience in the program to develop ideas for future reforms.
  7. Observe basic standards of fairness. This is strongly related to the first lesson. Fairness is not just a legal issue—it protects a vetting program from political manipulation and increases public confidence. Vetting programs are always controversial. By adhering to administrative due process standards (which are simpler than judicial standards), you can minimize needless controversy and focus on your program goals.

As of 2012, de-Baathification’s political heat had lessened, the result of both new political alliances and the death of a leading de-Baathification advocate. Reforms initiated in 2008 had yet to fully take hold. After nine years of controversy and bitterness, the de-Baathification story has not yet finished; we are likely to witness new chapters unfold. One of the only consolations of Iraq’s experience is that it may enable policy makers in other MENA countries to make wiser, better choices. We hope that is the case.

[Click here to download the full report.] 

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412