<div>Two years ago or so, I asked <a title="Kanan Makiya" id="ckn0" href="http://www.nytimes.com/2007/10/07/magazine/07MAKIYA-t.html?pagewanted=all">Kanan Makiya</a> &mdash;the complex Iraqi dissident intellectual who did so much to rid the world of Saddam Hussein&mdash;about the blunders of the U.S. occupation. He didn&rsquo;t pause before citing de-Baathification as the single biggest error the U.S. and successive Iraqi governments committed. De-Baathification, in the hands of a sectarian government, had become de-Sunnification, in both perception and reality, convincing Sunnis that they had no stake in the future of Iraq. His answer was more than a little ironic. As an adviser to the State Department&rsquo;s <a title="Future of Iraq Project" id="k1r9" href="http://www.gwu.edu/%7Ensarchiv/NSAEBB/NSAEBB198/index.htm">Future of Iraq Project</a> in 2002, Makiya had advocated the creation of a de-Baathification committee modeled after South Africa&rsquo;s post-Apartheid Truth and Reconciliation Commission. And in practice, the de-Baathification commission that Makiya lambasted was headed by Ahmed Chalabi, Makiya&rsquo;s political patron.</div>

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<div>Reversing the de-Baathification commission&rsquo;s purges has been an official U.S. priority since Congress made it one of the famous &quot;benchmarks&quot; for progress on sectarian reconciliation last year. And earlier this month, it seemed hope was on the way: after a pronounced delay, the Shiite-led Iraqi parliament finally passed a law aimed at scaling back de-Baathification. Only the Sunnis didn&rsquo;t get any reassurance from the law. The closer they looked, the more they realized it not only didn&rsquo;t provide for the reinstatement of Sunnis purged from government service&mdash;remember that Iraq has always had a command economy, so no government service means no <i>livelihood</i>, a point often difficult for Americans to understand&mdash;but it might even allow for <i>further</i> purges. One Sunni parliamentarian <a title="called" id="jxsf" href="http://toohotfortnr.blogspot.com/2008/01/dont-you-try-to-fake-me-out.html">called</a> it &quot;a sword on the neck of the people.&quot;</div>

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<div>The <i>Washington Post</i> takes a closer look today:</div>

<blockquote>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 Iraq&rsquo;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&rsquo;s primary aim is not to return ex-Baathists to work, but to recognize and compensate those harmed by the party. Of the law&rsquo;s eight stated justifications, none mentions reinstating ex-Baathists to their jobs.&quot;The law is about as clear as mud,&quot; said one U.S. senior diplomat.</blockquote>

<p>Once again, the law itself allows for a seven-member commission to determine how exactly to implement its measures. That commission is picked by the sectarian Shiite government of Nouri al-Maliki and confirmed by the Shiite-dominated parliament. If there&rsquo;s one thing the de-Baathification commission experience instructs, it&rsquo;s that discretion built into a law in a country with <i>no rule of law</i> and fratricidal sectarianism is a designed-in guarantee of corruption.</p>

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<p>And it might even be worse than that. A former Saddam-era Iraqi military officer believes that if he exercises his options under the law, he&rsquo;ll be marking himself for street justice from a Shiite death squad.</p>

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<blockquote>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.&quot;This law is bait,&quot; he said. &quot;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.&quot;</blockquote>

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<p>It&rsquo;s worth remembering that the men who will kill Kareem are the same people that U.S. troops are dying in Iraq to keep in power.</p>