De-ba`athification is considered as uprooting morality, politics, and applications of the defeated Bath party from the Iraqi society which prevailed during less than half a century.
It also means the ba`atheists members rehabilitation and enlightenment in order to return back merging into the new Iraqi society , as a result they returned as good , suitable organs of society respecting democracy , freedom, justice, equality, supremacy of law, and human rights working in the necessary transparency and integrity for reconstruction the new civilized Iraqi society.
1- The Ba`ath party prominent officials should be removed out of their functions (positions) in the public sectors especially the charged in the previous regime crimes, besides, Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him by using the Resumption law.
2- All the resolved Ba`ath party remnants and vestiges must be removed from life and society, mention specifically, love of dictatorship, domination, indifference to the others opinions or listening to them ,wage wars against the neighbouring states without returning to the public opinion , in addition to the ultimate cruelty in subjecting the others to torture or to cruel, inhuman or degrading treatment or punishment in humiliating the others to the death extent only because they were adopting ideas completely different from the ba`atheists`, therefore all these things have resulted in getting rid of all these vestiges from the methods, thoughts, as well as the ways of living.
3- Ba`ath party cadre should be rehabilitated by the Supreme National Commission for De-ba`athification by adopting new democratic ideas just like respecting the human rights and public opinion rejecting all the old, queer ideas through out lectures have already prepared for them in order to reinstate them to their service on condition, they shall have not been charged with any criminal charges or a panel offence during the previous regime.
The commission procedures/ The authorization:
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1- On April 16, 2003 the civil provisional coalition authority issued and proclaimed the law of uprooting ba`ath party structure in Iraq according to the decision no. (1) By which not only the ba`ath party structure are included but also the senior commands should be removed out of the authority sites.
2- According to the decision no. (1) Issued by The civil provisional coalition authority and According to the entrusted powers of the ruling council in the memo. No. (7) issued by the civil provisional coalition authority for the ruling council ,the last has defined the following procedures which should be followed for uprooting the dissolved ba`ath party officials out of public sectors institutions and country headquarters and the implementation of these procedures is assigned to the Supreme National Commission for De-bathification.
The commission procedures/The Identification:
1. All the available Ba`ath party files should be reviewed and examined by the commission for the purpose of defining the prominent, senior ba`ath party officials.
2- The ministers and governmental institutions commanders and the other projects have to define the ba`ath party prominent commands depending on the related information including the available documents associated with the wages, rewards, financial documents and the other related documents.
1- De-ba`athification procedures must be applied to the prominent ba`ath party officials who work in the state headquarters and public sectors including, ministries, the state institutions, and the other governmental authorities. The prominent ba`ath party commands are those who occupying the upper four fundamental functions in the party organization: the regional leadership, branch leadership, section leadership, group leadership.
2- The procedures have applied to the prominent officials of the ba`ath party also must be applied to the individuals working in the three upper administrative degrees if they were ba`atheists members or of the active members degree in the ba`ath party.
3- The employees in the ba`ath party beneath these upper three degrees are not included with these procedures except those who subjecting the citizens to torture or to cruel, inhuman or degrading treatment or punishment or committed crimes.
4- The private sectors employees shall not be included with these procedures, and later on other procedures may be issued concerning the unions, syndicates, private sectors, and civilized society organizations.
The commission procedures/The Iraqi ministries procedures:
A. the administrative dismissal:
1. the ministers start giving their orders to their general directors in Baghdad and the other governorates, in purpose for defining the ba`ath party prominent officials identities then removing them out of their positions using the available information offered by commission and ministries and all the related information at the general director.
2. The dismissed employees should be provided by dated reports sent by their general directors concerning everyone, Showing the reasons behind their dismissal, and clarifying the information as well as the necessary procedures for the (Resumption law).
3. The general directors should provide the concerned ministers with dated reports about the dismissed employees, and sending a copy from it to the commission.
1. No one of the dismissed Ba`athists officials especially members of (company degree) and upwards shall be resumed his/ her dismissed decision.
2. the fired employees may have the right for resumption especially for members of ( group degree) and downwards who were occupying the first three upper administrative degrees and weren’t of (company members) degree and upwards, so they have to choose between the following two matters: A. resumption request may be presented in front of concession his / her retirement salary. B. the retirement salary may be accepted in front of the concession of the resumption decision and the retirement salary is counted according to what he/she deserves according to civil service and retirement law in pursuance of the certification and years of service without taking into consideration any privileges he may have got due to his position in the ba`ath party.
3. There are two degrees for the administrative appeal, with an ascending sequence A: objection may be offered at the local committee for deba`athification. B: a resumption request may be also offered in front of the supreme national commission for deba`athification.
4. The general directors shall be directed by their ministers in order to form the local committees for objection in each governorate as well as Baghdad and in consultation between minister and the commission.
5. Each general director - due to his position as a member in the committee- in which his governorate belong to, doesn’t have the right to vote but appointing the stuff of the local committee for objection on condition, they must be respectable and acceptable, known about their fairness and integrity, and able to deal with the objection procedures in an open- minded mentality.
A. Ministers or the commission have the right to review the names who have already been appointed in the committee by general directors inside the ministry and the breach of these appointments.
B. the dismissed employee – according to the procedures showing above- who have the desire to object they have the right to present a written request including the pretext and all the related evidences to the local committee within two weeks from the date of implementation the dismissal order, as well as general director have the right to accept the objection after expiration the period of objection if there was an acceptable excuse behind the delaying.
C. Each local commission has the right to ask the dismissed employee to present personally in front the commission.
D. if the dismissed employee wanted to object his / her dismissal decision with the target of approval that he / she is not one of the prominent Ba`ath party officials, as a result all the facts and the substantive documents should be studied and examined by the committee whether that the objector delivered or that the committee have got by an independent way.
E. if the dismissed employee has approved as a (group member degree) and presented an objection to get resumption from the supreme national commission for deba`athification as a result the following points should be studied by the local committee:
1. If the dismissed employee renounced his belonging to the ba`ath party.
2. Studying the circumstances by which the dismissed employee joined the ba`ath party and the reasons behind his attainment the degree of group member.
3. The complete functional history of the employee including his relation to the military institutions as well as the security and intelligence agencies.
4. If the dismissed employees effort during his/her service was dedicated for developing the ba`ath party targets.
5. Reports for each case shall be set by a local committee and presented the files related to this situation to the commission and inform the concerned ministers.
6. Any law breaking activities done by the separate employee.
6. Wether the dismissed employee specialization is rare and couldn’t be replaced and abandoned in the ministry.
7. A complete file for each case may be set by the local committee as well as a written decision also should be issued during six weeks from the date of the resumption request.
8. The right of the ratification on all the decisions enacted by the local committee is preserved to the commission.
9. The concerned employee has the right to Present the objection request to the commission on the decisions issued by the committee during two weeks from the date of issuing the decision and the president of the committee has the right to except any request On condition of the temporal period if it related to conquered conditions.
10. All the objection requests are entitled in full equality to a fair and public hearing by the commission within decisions of the local committee of the different ministers.
11. A. the concerned employee has the rights to offer his evidences for the resumption written or personally besides, the commission has the right to ask the concerned employee to present in front of them personally.
12. The national commission will use the same followed criteria in the objection requests during studying the resumption in front of the local committees.
13. The supreme national commission for deba`athification must issue a decision during six weeks from the date of offering the resumption requests.
14. the judicial council shall form a committee consists of two judges and approved on by the ruling council or the successor government for attendance the resumption sessions beside, the commission and the decision of the resumption should get the approval of at least a single judge for the decision of the resumption.
First: the exception from deba`athification will be given as following:
A. the permanent exception
B. conditioned exception for a single year, and this exception is subject to the refusal in the next states :
A. If local committee or the national commission has convinced that the dismissed employee offered forged evidences or shaded information during the resumption stage.
B. Extra information has discovered was not available during granting the exception period and by which anxiety shall be aroused that the exception would be refused if this information was available at that time.
C. If the committee or the commission make sure of and based on approved evidences that the employee who has been accepted has restarted his unrighteous activity in addition to his ba`athist activity.
D. The disbanded ba`ath party ideas floated by the employee were approved during the period of exception defence for the bygone regime.
Second: the concerned employee should be observed by the ministry which its local commission agreed on exception from the commission and on conditional bases, as well as an urgent report may be presented at the availability of any information, basically is for the breach of the exception decision, that’s to the committee and the commission.
4. The commission must offer an early notice with the reasons explanation in state the commission decided to retreat the decision of the conditional exception and that two week before the retreat date from the conditional exception.
5. Exception request Offering will not be allowed for those their conditional exceptions are breached.
The procedures of the governmental institutions and foundations:
The valid procedures showing above and which concerning the Iraqi ministries also must be applied to the other governmental institutions and foundations, therefore, each governmental institution head must authorize its institutions in the concerned governorate or ongoing subsidiary offices the responsibility of dismissal, formation the local committees, issuing decisions concerning refusal or exception, and offering requests with the implementation the procedures showing above.
All the reports may be presented to the commission as well as to the chief of the governmental institutions.
1. The commission takes into consideration providing guarantees for the prisoners of wars who occupy the group members’ degree only because they were prisoners of war to keep continuing their jobs.
2. the resumption claimants –as a prisoners of war- has to offer the commission the following substantive documents:
- He was a prisoner of war in Iran during the period from 4/9/1880 to 1/6/2006 and released and brought back home.
- He is granted the degree of group member after he has been released and returned to Iraq only because being a prisoner of war.
3. the national commission has to:
- Make sure of the correctness of the legal status of the exception claimants.
- Issuing an exception decision based on the exception claimants being a prisoner of war or he is granted the degree of group member during the period of his capture.
4. The commission decision concerning the prisoners of war whom their exception requests have refused as being prisoners of war is absolutely categorical.
5. The resumptions` claimants may be informed by the commission with a written decision during six weeks.
1. If the result of any objection or resumption is returning the dismissed employee to his position, therefore the employee will get all his/her salaries back since the date of his dismissal up to the date of his return to the function.
2. All the information which has gathered during the deba`athification decision period shall be delivered to the competent courts in orders to refer to any possible illegal activities by the employees whether they were the ba`atheists` prominent officials or not, therefore, Just the membership in the Baath Party can not be considered an enough cause to transfer to courts.
3. Non-related ministers and governors to a specific ministry must be restricted with the implementation of deba`athification decisions during one month of its issuing, on the opposite the commission undertakes the whole responsibility of implementation deba`athification decisions loading the law violator the whole responsibility according to the rules of law.
Decision no. (1)
According to the civil administrative manager decision no (1) 15/5/2003 and due to the entrusted powers from the ruling council and with the target of setting up security and stability and the maintenance of the freedom and democracy atmosphere.
The supreme national commission for deba`athification decided in its held session in 14/9/2003 the following points:
1. each employee considered forced out of his function by its all different steps, if the concerned employee was of the (branch member degree) and upwards in the resolved ba`ath party so that the concerned employee has to leave his job immediately, and each shaded, lying information given by the employee for keep continuing in his function holds the punitive responsibility, and the whole responsibility for implementation the decisions held by the responsible administrative employee and all the issued decisions are cancelled before this decision.
2. The dismissed employee who is included by the paragraph (1) has the right to present an appeal request to the supreme national commission for deba`athification to study it and make the suitable decision.
3. Ministries and the non related offices to the ministries carry out this decision and considered effective from its date.
Decision no. (2)
According to the supreme national interest and in order to keep the national acquisitions and protect democracy, security, and stability in the country, so the supreme national commission for deba`athification decided in its held session in 14/2/ 2003 the following points:
No one of the following shall be delivered the private positions or the responsibility in the general functions, the political activities and the civilized society foundations, media and press etc…
1. Anyone occupying the branch member degree and upwards in the resolved ba`ath party.
2. the special functional degrees as general director, province manager and upwards or what equals like consulters, experts in the previous regime, Anyone left the authority lines is excluded or had an opposing political activities or had honourable positive attitudes.
3. The authority repressive apparatuses personnel like (special security, national security, presidency private guards, the military intelligences, Saddam fedayees, public security and the intelligences).
4. It’s known about them and approved their participation in stealing the country wealth or in the previous regime crimes (coercive policies or in the crimes committing).
5. The supreme national commission for deba`athification studies the exceptional cases and make decisions about it later on separately.
6. The ministries and the concerned authorities have to carry out these decisions and considered effective from its date.
Decision no (52)
The ruling council decided in its held session in 29/9/2003 the following:
Taking into consideration the deba`athification related decisions, so a central committee shall be formed in each ministry consisting of employees of a fair functional history for examining and deciding the possibility for including the excepted employees in the deba`athification dismissing decisions and view in their requests for bring them back to their general functions, the ministerial committee takes its decisions by two thirds of the votes and the committee members hold the complete responsibility about the credibility of their assessment to the concerned person and each employee has the right to offer an appeal by the decision of the committee in front of the ruling council.
1. No impurity may be existed in the employees` behaviour in order to be returned to their functions.
2. An authentication from his own office confirms his/her fairness according to justifying confirming and proving justifications.
3. There is indeed a real need for his services.
4. occupying a major site in his offices The returned employee must not and transferred to another office constituency belonging to its ministry, And must not work in the same field was working in it before its exclusion, Also the working employees in sensitive offices may be transferred to ministries and other headquarters and according to their specialization.
5. The committees present their recommendations concerning the exception to the concerned minister for getting the last approval.
6. Each exception should be submitted according to this decision to approval of the supreme National Commission for Deba`athification.
Decision no (54)
The ruling council decided in its held session in 29/9/2003 the following:
All the resolved state headquarters employees have the right, as well as to the employees included in the deba`athification decisions, to present requests concerning their retirement, according to instructions and regulations of the retirement law.
Article (7)
First: No entity or program, under any name, may adopt racism, terrorism, the calling of others infidels, ethnic cleansing, or incite, facilitate, glorify, promote, or justify thereto, especially the Saddamist Baath in Iraq and its symbols, regardless of the name that it adopts. This may not be part of the political pluralism in Iraq. This will be organized by law
Article (131)
First: The Supreme Commission for De-Ba'athification shall continue its functions as an independent commission, and in coordination with the Judicial Authority and the Executive institutions within the framework of the laws regulating its functions. The Commission shall be attached to the Council of Representatives.
Second: The Council of Representatives shall have the right to dissolve this Commission after the completion of its function by absolute majority.
Third: The nominee to the Position of the President of the Republic, the Prime Minister and the members of the Ministers Council, the Speaker and the members of the Council of Representatives, the President and members of the Federation Council, the corresponding positions in the regions, members of the Judicial committees and other positions included in the De-Ba'athification pursuant to the law may not be subject to De-Ba'athification judgments.
Fourth: The conditions stated in clause "Third" of this article shall remain in force unless the commission provided for in clause "First" of this article is dissolved.