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11.1  |  De-Ba’athification
for the de‑Ba’athification Commission to be dissolved”. The IPU observed that this belief
was mistaken, since dissolution of the Commission was a decision for the National
Assembly.
207.  Mr Patey told the FCO that he had lobbied President Jalal Talabani and
Mr Abdul Aziz al‑Hakim, leader of the UIA/SCIRI, for the removal of reference to the
de‑Ba’athification Commission.170
208.  Mr Patey also suggested to Prime Minister Ja’afari and Mr Masoud Barzani, leader
of the Kurdistan Democratic Party, that “If mention of the de‑Ba’athification Commission
could not be removed perhaps there could be some reference to indicate that the
process would be a judicial one”.171
209.  Secretary Rice told Mr Straw on 24 August that reference to the de‑Ba’athification
Commission appeared to have been “dropped”.172
210.  On 28 August, Mr Patey reported to the FCO on the substance of the new
Constitution which had been presented to the National Assembly.173 He commented:
“The spectre of de‑Ba’athification continues to haunt the text although such
references were heavily diluted in efforts to meet Sunni concerns …”
211.  Mr Patey observed that the preamble to the Constitution made an important
distinction between “the dictator’s regime and the mainstream Ba’ath Party” and
recognised that Sunnis had suffered with other Iraqis under Saddam. But extremist
groups, which included “Saddamists” were prohibited.
212.  Sir William Patey told the Inquiry:
“We spent a lot of time … trying to convince the transitional government and the
Shia politicians that de‑Ba’athification had gone too far, that the de‑Ba’athification
commission was being abused. It was being used as a tool to further political ends
rather than save Iraq from a return of the Ba’ath. Now, that is not an argument that
was accepted very readily by Shia, who had a visceral fear of the Ba’athists and
saw Ba’athists in most places. So we had limited success. We were arguing for the
de‑Ba’athification provisions to be excluded from the Constitution. We managed
to get them watered down, we managed to get them reviewed.”174
170 eGram 11744/05 Baghdad to FCO London, 24 August 2005, ‘Iraq: Constitution: Getting Sunni Arab
Buy‑In’.
171 eGram 11834/05 Baghdad to FCO London, 25 August 2005, ‘Iraq: Constitution: Some Prospect of
Changes to Draft to Accommodate Key Sunni Arab Concerns’.
172 Minute Siddiq to Sawers, 24 August 2005, ‘The Foreign Secretary’s conversation with the US Secretary
of State, 24 August’.
173 eGram 12004/05 Baghdad to FCO London, 28 August 2005, ‘Iraq: Constitution: Worth Waiting For’.
174 Public hearing, 5 January 2010, pages 6‑7.
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