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1 Personnel Systems and Their Classification Regierung vergeht, Verwaltung besteht. (Government passes, bureaucracy remains.) —German saying In a country where offices are created solely for the benefit of the people no one man has any more intrinsic right to official station than another. Offices were not established to give support to particular men at the public expense. No individual wrong is, therefore, done by removal, since neither appointment to nor continuance in office is a matter of right. . . . He who is removed has the same means of obtaining a living that are enjoyed by the millions who never held office. —Andrew Jackson, First Annual Message to Congress1 Policies designed to deal with personnel inherited from previous regimes in the apparatus of transitional states are not limited to dismissals. Dismissals are specific types of personnel policies which, owing to their low transformative value, have been referred to as one-dimensional. In contrast to these policies, several Central European countries have developed alternative personnel policy models based on the inclusion of former personnel. It is therefore useful to conceive a concept with a wider ambit in order to encompass a variety of personnel policies within and outside the region and to facilitate their classification.2 The concept proposed here to denote PAGE 17 ................. 18039$ $CH1 06-09-11 09:17:58 PS 18 Chapter 1 all transitional public employment policies is personnel systems. This chapter defines personnel systems, classifies them as exclusive, inclusive, or reconciliatory , and describes their characteristics. Personnel Systems Transitional countries address the problems surrounding the appointment and employment of personnel for their state institutions through a range of legal and quasi-legal measures. These measures have different origins and binding authority. They may be devised by the transitional states themselves , by occupying powers, by the United Nations, or by peace brokers; this distinguishes them from unofficial personnel methods that are implemented in non-state organizations or methods of exposure pursued, for instance, by non-governmental organizations that collect and release information about the abuses of the past. The measures may take the form of constitutions, laws, international treaties, UN resolutions, peace accords, or military orders. There are many examples of such measures. The Constitution of Haiti, approved in 1987, mandated that a range of persons who had been involved in the previous dictatorship were ineligible for public office.3 The German Unification Treaty of 1990 provided a legal background for vetting personnel in the former East Germany after its reunification with West Germany.4 In 1991 Czechoslovakia approved the so-called lustration (screening, vetting ) laws that disqualified Communist Party leaders, secret informers, and anyone associated with the former socialist regimes from public posts in new democratic institutions.5 In El Salvador peace accords formed the legal basis for vetting personnel,6 while a resolution passed by the UN Security Council in 1996 provided a mandate for restructuring police forces in Bosnia and Herzegovina.7 In 2003 Order Number 1 on the de-Baathification of Iraq virtually excluded all the senior members of the Baath Party from the new Iraqi institutions and prevented all Baath members from accessing top state positions.8 Although most of these measures are special transitional instruments, new governments may pursue personnel policies through available public employment laws, especially in the face of rigid structural and political constraints imposed by the former regimes. All of these diverse legal and quasi-legal measures, with their different origins and binding authority, fall within the ambit of personnel systems. PAGE 18 ................. 18039$ $CH1 06-09-11 09:17:58 PS Classification 19 The concept of personnel systems reflects the logic behind these special public employment measures. It is an abstraction of all public employment law mechanisms in transitional states in the same way that electoral systems are abstractions of electoral laws and that constitutional system reflects a particular class of constitutions. Personnel systems therefore comprise the methods a transitional state uses to regulate the access that members of the former regime have to public positions in the aftermath of a regime change. It is a conceptual tool developed to classify various methods of dealing with inherited personnel in the state apparatus, to explain their origins, and to assess of their various effects. The concept is a theoretical construction that places most of the nitty-gritty substantive and procedural provisions of these special public employment laws in abeyance. Using personnel systems enables us to subject the problem of personnel policies to a meaningful social and political inquiry. Previous discussion about...


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