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11.1  |  De-Ba’athification
232.  Also on the same day, the IPU instructed the UK Permanent Mission to the UN in
New York to press the UN to support the UK position on de‑Ba’athification of electoral
candidates.189 The IPU described the best solution as:
“… for the IECI to (i) note the DBC’s submission of a list, (ii) make clear that the
submission had come at a very late stage and that it would not be possible to go
through the required appeals process before the election, (iii) commit therefore
to process the list after the elections, after going through the necessary appeals
process.”
233.  Sir Emyr Jones Parry, UK Permanent Representative to the UN in New
York, replied the same day to say that he had spoken to Mr Kofi Annan, the UN
Secretary‑General, who was “sympathetic” to processing the de‑Ba’athification list after
the election and intended to send instructions to Mr Ashraf Jehangir Qazi, his Special
Representative.190
234.  Mr Annan’s Chef de Cabinet confirmed later in the day that Mr Annan had
spoken to Mr Qazi “who had also agreed on the need to find a way forward that
allowed participation”.
235.  On 6 December, officials from the British Embassy Baghdad met Mr Jenness to
discuss action on de‑Ba’athification.191 Of the de‑Ba’athification Commission’s initial list
of 218 candidates, there remained 120 individuals at risk of being removed from the
candidate lists. A further 83 individuals would be required by the Commission to sign a
disavowal of Ba’athism. The remaining 15 were not mentioned.
236.  Mr Patey reported that Mr Jenness remained concerned for the IECI’s legal
position, but wanted to find solutions that allowed participation in the elections. They
agreed that the IECI would publish non‑final candidate lists (including the remaining
120 names) immediately, to test the reaction from the de‑Ba’athification Commission’s
supporters, and that it would write to the three‑man Presidency Council asking for
guidance and explaining that the IECI would not remove candidates from the lists
without its agreement. The candidate lists were published that evening.
237.  Mr Patey wrote: “This issue has underscored the need to look ahead to the
arduous but urgent task of securing reform of the de‑Ba’athification Law.”
238.  The IPU observed on 9 December that there had been “little or no public reaction
to the inclusion in the list of candidates named by the de‑Ba’athification Commission
189 eGram 19989/05 IPU to Baghdad and UKMIS New York, 5 December 2005, ‘Iraq: Elections:
De‑Ba’athification of Candidates’.
190 eGram 20001/05 UKMIS New York to FCO London, 5 December 2005, ‘Iraq: Elections:
de‑Ba’athification of Candidates’.
191 eGram 20199/05 Baghdad to FCO London, 7 December 2005, ‘Iraq: Elections: De‑Ba’athification of
Candidates: Progress’.
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