erm, yeah, is this what's known as "the catch"?
[q]
Iraq's New Law on Ex-Baathists Could Bring Another Purge
By Amit R. Paley and Joshua Partlow
Washington Post Foreign Service
Wednesday, January 23, 2008; A01
BAGHDAD -- Maj. Gen. Hussein al-Awadi, a former official in Saddam Hussein's Baath Party, became the commander of the Iraqi National Police despite a 2003 law barring the party from government.
But now, under new legislation promoted as way to return former Baathists to public life, the 56-year-old and thousands like him could be forced out of jobs they have been allowed to hold, according to Iraqi lawmakers and the government agency that oversees ex-Baathists.
"This new law is very confusing," Awadi said. "I don't really know what it means for me."
He is not alone. More than a dozen Iraqi lawmakers, U.S. officials and former Baathists here and in exile expressed concern in interviews that the law could set off a new purge of ex-Baathists, the opposite of U.S. hopes for the legislation.
Approved by parliament this month under pressure from U.S. officials, the law was heralded by President Bush and Iraqi leaders as a way to soothe the deep anger of many ex-Baathists -- primarily Sunnis but also many Shiites such as Awadi -- toward the Shiite-led government.
Yet U.S. officials and even legislators who voted for the measure, which still requires approval by Iraq's presidency council, acknowledge that its impact is hard to assess from its text and will depend on how it is implemented. Some say the law's primary aim is not to return ex-Baathists to work, but to recognize and compensate those harmed by the party. Of the law's eight stated justifications, none mentions reinstating ex-Baathists to their jobs.
"The law is about as clear as mud," said one U.S. senior diplomat.
The confusion has been compounded because the information on former party members comes from the de-Baathification commission headed by Ahmed Chalabi, the former deputy prime minister who as an Iraqi exile sought to convince U.S. officials that Hussein's government had weapons of mass destruction. In light of the absence of such weapons, many Iraqi and U.S. officials are suspicious of his commission's statistics.
In an interview at his lavish home in the Mansour district, Chalabi said the new legislation would drive out some of the former Baathists his commission had allowed to return to government. The new measure, he said, is much harsher than the existing policy and a draft of the law that the United States had encouraged parliament to pass.
"Put this under the category of: Be careful what you wish for," Chalabi said.
'This Law Is Bait'
The new law was supposed to ease the homeward passage of former Baathists such as Muhammed Kareem.
After 35 years as a civil servant in the Oil Ministry, Kareem fled his home in Basra after the U.S.-led invasion in March 2003. Four fellow Baathists from the ministry in Basra had turned up dead. Searching for him, militiamen had ransacked Kareem's house.
Kareem, 53, and his family moved to Amman, Jordan, where they live in a sparsely furnished basement apartment. He has one abiding wish: to return to Iraq. But sitting at his kitchen table last week, flipping through a draft of the law, he was despondent.
"This is a bomb on the road of reconciliation," said Kareem, a former director general in the ministry. "This law does not bring anything new. This does not serve national reconciliation that all Iraqis are hoping for. On the contrary, it envisions hostility, hatred, discrimination and sectarian strife."
Kareem, along with other Baathists who were purged from their jobs after the invasion, argues that the law typifies the animosity that Iraq's Shiite-led government has for the bureaucrats of Hussein's regime. They say the climate is nowhere near safe enough for them to identify themselves to the government as former Baathists.
Kareem, who was a senior Baath Party member, said the new law does grant him the right to a pension, which would greatly benefit his family. He has not had a steady salary in five years, and has been living off the charity of friends and relatives, but said he would not attempt to claim the pension.
"This law is bait," he said. "I have to go back to Basra and apply for the pension through several measures. If I get killed, nobody will know who did it."
Kareem and other former Baathists advocate nullifying the law and the concept of de-Baathification in general. They say it discriminates against their political party at a time when other parties have also been associated with militias, death squads and major crimes. Trying to abolish an ideology and outlaw a political party seems to him both impossible and undemocratic.
"Aren't I the son of an Iraqi? Aren't I an Iraqi myself? Don't I have the right to live in Iraq?" he added. "This law is a punishment not only to the Baathists but to his sons and grandsons. So where is the justice in it?"[/q]