New York Times
October 13, 2004
THE PRIME MINISTER
Allawi Presses Effort to Bring Back Baathists
By EDWARD WONG and ERIK ECKHOLM

BAGHDAD, Iraq, Oct. 12 - Seeking to speed the return of senior officials of
the former ruling Baath Party into the government, Prime Minister Ayad
Allawi has tried to dismantle a powerful independent commission that was
established after the American invasion to keep such people from power.

It is the most aggressive move yet by Dr. Allawi, a former Baathist who fell
out of favor with Saddam Hussein, to bring former ranking party members into
his fold. Dr. Allawi says the readmissions will dampen an increasingly
lethal insurgency by co-opting disenfranchised Sunni Muslim Baathists. The
expertise of high officials from the old Iraqi security forces is also
urgently needed to help combat the guerrillas, he contends.

And with general elections scheduled for January, Dr. Allawi and American
officials are scrambling for ways to bring reluctant Sunnis into the
political process.

Dr. Allawi's push reflects, in part, his long power struggle with Ahmad
Chalabi, the former exile who is chairman of the commission and favors a
thorough purging of senior Baathists. But it is also part of a deeper battle
for the soul of the Iraqi government and will determine who holds some of
the highest offices.

Dr. Allawi's efforts to limit the purging process could widen the divide
between the country's majority Shiite Muslim population and the Sunni
minority, which ruled the region for centuries.

Because most of the top Baathists were Sunnis, Dr. Allawi's moves have
already drawn sharp opposition from Shiite political leaders, though he is
himself a Shiite. Jawad al-Maliki, deputy head of the Dawa Islamic Party,
one of the most powerful Shiite parties, said Dr. Allawi's orders were
"outside the law" and that the commission had every right to "remove all
trace of the Baathists."

Recent arrests of Iraqi security officials by the American military point to
another danger: former Baathists who are readmitted to the government
without enough precautions can aid the insurgency from within.

Last month, the American military arrested Brig. Gen. Talib Abid Ghayib
al-Lahibi, who had been assigned to command three Iraqi National Guard
battalions in restive Diyala Province. The military said the general, an
infantry commander under Mr. Hussein, had "associations with known
insurgents."

In August, marines arrested the police chief of Anbar Province, which
includes the jihadist stronghold of Falluja, and began investigating him for
suspected ties to the insurgency. The police chief, Jaadan Muhammad Alwan,
was a high-ranking Baathist during the Hussein years.

"It's a challenge when you have so many individuals," a senior American
commander said. "You've got some individuals who are capable, but some of
the individuals have a bad background."

There are also concerns that former Baathists may be unwilling to stand too
strongly against insurgents. In May, the marines handed control of Falluja
over to an ad-hoc militia, the Falluja Brigade, commanded by Hussein-era
military officers and senior Baathists, but it quickly withered under
pressure from the insurgency. It disbanded over the summer, with many
members actually joining the guerrillas.

Dr. Allawi's effort began in earnest early last month, when the head of his
cabinet issued an order to disband the commission in charge of purges and
set up a more lenient judicial system in its place. A council of judges
ruled that the commission was enshrined in the interim constitution. But Dr.
Allawi's cabinet has since asked government ministries not to deal directly
with the commission, according to documents obtained by The New York Times.

Last month, Dr. Allawi's cabinet demanded that the commission leave its
office building inside the fortified government headquarters along the
Tigris River, said a general director of the commission, Ali Faisal al-Lami.

The government also issued new badges for entrance into the Green Zone but
gave only 50 to the commission, enough for just a fifth of the commission's
work force, he said. The rest of the employees are now working at home or in
offices outside the fortified compound.

The new system proposed by Dr. Allawi would readmit former senior Baathists
unless criminal charges are brought against them and they are found guilty
in a court, according to a memo sent to all ministries last month by his
cabinet head, Zuhair Hamody.

The readmission of noncriminal senior Baathists has the approval of the
American government. The former top American administrator here, L. Paul
Bremer III, purged all high-ranking Baathists from public positions in May
2003, but reversed that decision last spring when it became clear that
experienced people were needed to help stand up the nascent government.

The commission members contend that Dr. Allawi's system could lay the
foundation for an effective reconstitution of the Baath Party, as well as
allow former officials suspected of human rights abuses or other crimes back
into the government.

Mr. Lami said that Dr. Allawi's government had appointed former senior
Baathists to top positions in the security forces over the commission's
objections. Mr. Lami also said that the commission had asked ministries to
dismiss certain government workers found to have questionable backgrounds
but that the ministries had stalled. The Interior Ministry, which oversees
the police and border patrol, has fired only 500 of 900 employees the
commission deemed suspect, he said.

"They are repeating the mistakes of the former regime," he said of the
Allawi government. "They will create a gap between themselves and the
people."

But Sunni politicians in particular have staunchly defended the rights of
many Baathists to return to their jobs, saying that many Iraqis joined the
party simply for career advancement. Tens of thousands of teachers and
medical workers, for example, who felt pressure to join but were not ardent
supporters of Saddam Hussein are widely seen as innocent victims of the
purges. Mr. Bremer's policy reversal last spring was intended to allow many
of them to return to their jobs.

"Distinguishing between the criminals and those who were forced to join the
Baath Party is very important," Dr. Allawi said before the 100-member
National Assembly last Tuesday, after one member pointedly asked why former
senior Baathists were returning to power. "This goes to the issue of
national unity in Iraq."

One of the main functions of Mr. Chalabi's council, the Supreme Commission
for De-Baathification, has been to review appeals from dismissed or
suspected officials and clear their names if their records do not show
participation in heinous crimes or upper party ranking. Some 8,000 former
Baathists have gotten their jobs back through this process, said Mr. Lami,
who is also a deputy in the Hezbollah Party, a Shiite political group.

At the same time, the commission seeks to confirm the dismissals of
individuals from the higher party ranks or who, as commission members put
it, "have blood on their hands."

But Mr. Lami said officials from the prime minister's office or from the
Iraqi National Accord, a political party led by Dr. Allawi that is largely
made up of former Baathists, have increasingly subverted the commission's
dismissal decisions, especially in key security positions.

Over the summer, the Interior Ministry appointed Rasheed Flayeh to the post
of director-general of the secret police force, over the commission's
objections that, as head of security in the southern city of Nasiriya in
1991, he had taken part in the brutal suppression of a Shiite uprising.

But an Interior Ministry spokesman, Sabah Kadhum, said he had been told that
Mr. Flayeh did not play any such role in Nasiriya.

The foundation for the prime minister's recent moves to dismantle Mr.
Chalabi's commission was laid in a final order issued in June by Mr. Bremer.
That order said the commission would be disbanded when the interim Iraqi
government established a new organization to oversee the purging of
Baathists.

Though Dr. Allawi has been pushing to install a court system in place of the
commission, other politicians, especially Shiite leaders, are rallying to
keep it. Mr. Maliki, the Dawa Party official and deputy head of the interim
National Assembly, said the assembly intended to grill Dr. Allawi's office
about the attempts to disband the commission. "We're going to follow up on
this because it's illegal," he said.

Edward Wong reported from Baghdad for this article and Erik Eckholm from New
York.

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