Transitional Justice in Tunisia, The Consultative Process

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After 23 years of dictatorship even more, Tunisia has experienced the revolution of 14 January 2011. …

After 23 years of dictatorship even more, Tunisia has experienced the revolution of 14 January 2011.
Indeed Ben Ali presided Tunisia (1987-2011) after a coup he led against President Habib Bourguiba (1959-1987), during these two periods, many abuses of human rights were innumerable under a hegemonic and absolute policy.
With the fall of the Ben Ali regime, there was the release of a process of a democratic transition holder of promise of free elections, respect for individual liberties and the introduction, Moreover, of the concept of transitional justice.
In general, post-authoritarian and post-conflict situation of a country generates a culture of distrust with the legal institutions, political and security level of society, and it is quite legitimate especially that these institutions favored abuses against human rights, oppression and corruption.

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  • 1. "Transitional Justice in Tunisia: for aparticipatory and consensual process."
  • 2. After 23 years of dictatorship even more, Tunisia hasexperienced the revolution of 14 January 2011.Indeed Ben Ali presided Tunisia (1987-2011) after acoup he led against President Habib Bourguiba (1959-1987), during these two periods, many abuses ofhuman rights were innumerable under a hegemonicand absolute policy.With the fall of the Ben Ali regime, there was therelease of a process of a democratic transition holderof promise of free elections, respect for individualliberties and the introduction, Moreover, of theconcept of transitional justice.
  • 3. In general, post-authoritarian and post-conflictsituation of a country generates a culture of distrustwith the legal institutions, political and security level ofsociety, and it is quite legitimate especially that theseinstitutions favored abuses against human rights,oppression and corruption.Transitional reforms are the solution, but must beeffective and sustainable, as long as it’s structurallygeneral and profound.Ordinary justice, no longer sufficient, raisedconsciousness about the need for other mechanismsto ensure a viable future for torn societies; this iswhere the process of transitional justice comes inhand.
  • 4. The definition adopted by the United Nationsin the Report of the Secretary-Generalsubmitted to the Security Council“transitional justice is the full range ofvarious processes and mechanismsimplemented by a company to try to copewith massive abuses committed in the past,in order to establish accountability, servejustice and achieve reconciliation”
  • 5. Violations of human rights in Tunisia hasbeen through crimes, killings, torture,disappearances, transfers and rape,corruption,socio-economic crimes, etc ...These crimes have gone unpunished as awhole, thus creating frustration andhumiliation for the victims.
  • 6. Transitional justice is based mainly on fivesteps:- Search for the truth- Accountability of perpetrators- Repair (morally and physically) of victims- Institutional Reform- Reconciliation.Consistency of transitional justice enhancesthe effectiveness and credibility of the reformeffort.
  • 7. But to be accepted, Transitional Justice inTunisia must come from a consensus.To achieve this goal, a national dialogue,was launched to bring together thedifferent actors of the civil society aroundtransitional justice and create a clear visionon the matter.
  • 8. In 2004, the United Nations Secretary-General mentioned that “The mostsuccessful transitional justice experiencesowe a large part of their success to thequality and quantity of public and victimconsultation carried out”
  • 9. Public Consultations : « TransitionalJustice Visions and percpectives ».I/ national dialogues1/ Creation of the technicalcommission2/The conduct of national dialoguesII/Regional Dialogues1/Creation of sectorial commissions2/ The conduct of regional dialogues
  • 10. National dialogue on Transitional Justice inTunisia is done through public consultationboth nationally (I) and regionally (II)
  • 11. I / The public consultation at the nationallevel:While the process of transitional justice has beenintroduced since the date of January 14, it wascharacterized by the absence of an integratedstrategy for transitional justice for many reasons.Just after the elections of 23 October 2012, therewas the creation of the Ministry of Human Rightsand Transitional Justice.The latter is responsible for the development of aset of choices to correct and repair the damage ofthe past to the human rights based onaccountability, establishing responsibility thenreconciliation
  • 12. To do this, a national dialogue on transitionaljustice was launched April 14, 2012, in thepresence of the three Presidencies, followingseveral recommendations which haveemerged.Among these recommendations, it wasdecided at an open day on 28 April 2012,creating a technical committee for nationaldialogue on transitional justice (1)whosemission is to organize consultations (2).
  • 13. 1/ The creation of the commission of the national dialogue on JTThe technical commission was created by adecree of the Minister of DHJT October 9, 2012,the commissions duties;- The organization of the national dialogue ontransitional justice- Organizing public consultations- Choice members of sectorial committees- Collection of the results of the nationaldialogue and the final report- Preparation of the draft law on transitionaljustice
  • 14. To ensure its independence from the executive, this committee iscomposed of representatives of networks and centers (composedby many associations):-National independent coordination for Transitional Justice-The center of Tunis for Transitional Justice,- The center of Tunis for Human Rights and Transitional Justice,- The Academy of transitional justice-And the Tunisian Network for Transitional Justice.10 representatives from these networks were members in thiscommission in the field of transitional justice and tworepresentatives of the Ministry of DHJT and a rapporteur ministry.
  • 15. 2/ The conduct of national dialoguesPublic consultation should aim actors of civil society.This is why the Commission organized an open day entitled"Transitional Justice: visions and conceptions "according to aprecise timetable:- On August 9, 2012 with political parties- On 16 August with professional groups and unions- On 25 August with associations specializing in human rights
  • 16. During these days it was aquestion of presenting ageneral perception of the billon transitional justice and tocollect the opinions and ideasgiven by the participants onthe subject in the workshopsof reflection around the mainaxes of transitional justicenamely, the search for truth,accountability ofperpetrators, reparations forvictims, institutional reform, The list of participants in thethe national reconciliation. five workshops
  • 17. II / The public consultation at the regional levelAlthough Decree No. 2012-22 establishing the Ministry ofHuman Rights and Transitional Justice and fixing its powers,assigned to the base to this ministry to manage the publicconsultation ,the involvement of civil society and the call thatthe project of transitional justice becomes independent, notonly led to the creation of the technical commission but alsothe enlargement of the commission, which according to theministerial decree is there to organize the national dialogue inregions, to select and train the leaders of regional dialogues(1)and organize the regional consultations (2) on transitionaljustice
  • 18. 1/ the creation of sectorial committees Indeed, the purpose of holding a series of meetings at the regional level targets:- Victims of violations indifferent regions.- The components of civil society associations andorganizations- All citizens regardless of regional and political affiliationsin the form of a plenary session in the morning, it will includean overview of transitional justice and reflection workshopsin the afternoon on the steps From process of transitionaljustice.Following these 24 regional consultations, a report will beprepared each day to formulate the ideas expressed by theirinterests and recommendations for JT.
  • 19. 2/ the conduct of the regional consultations• Because the victim is the focus of transitional justice, we see that the victims were strongly represented at the regional consultations.• These consultations have sometimes deviated to hearings and listening audiences because these victims are thirsty to express and their testimonies are very heavy to carry, especially when the machine transitional justice has not yet been started.• And since the purpose of these meetings is to provide an opportunity for those affected by violations to express their opinions freely to determine their needs and rights, surveys were distributed in order to interrogate citizens about mechanisms and processes of transitional justice.• Public opinion surveys are very common in transitional justice consultations.
  • 20. A sample of 1825 people on 2,600 people who participated in various regional consultations,identified general trends especially in terms of compensation. Indeed, according to the 1825 surveyed;  37% seek recognition  29% require monetary compensation  only 28% Require of admissions
  • 21. Finally we can notice that, the Tunisian model oftransitional justice focus on three major points-The first one deals with the Axes of the nationaldialogue: Axe I: to uncover the truth and save collective memory,Axe II: material and moral reparation and rehabilitationof the victims,Axe III: Addressing the culture of impunity and todevote a culture of accountability and top law,Axe IV: guarantees not to do it again and institutionalreform,Axe V: reconciliation.
  • 22. The second one is to realize general objectives:-Activating dialogue between the different actors andperformers in the course of transitional justice to deepen andunderstand the concepts and mechanisms of transitionaljustice-the consolidation of awareness with the importance of thesuccess of transitional justice as a condition for the success ofthe democratic transition in Tunisia-working on the awareness of people to deepen the conceptof transitional justice in the society so as to ensure no returnto tyranny .
  • 23. And the third point is to realize Specific objectives:- To seek a clear vision and a consensus for the draftBasic Law for Transitional Justice,- Compilation of the results of national dialogues andopen days to be formulated in the form of a generalperception of the draft law on transitional justice,- Provide an opportunity for those affected byviolations to express their views freely to determinetheir needs- Seeking to ensure a strong local sense of belonging tothe transitional justice approach- Seeking to ensure the participation of civil society inshaping the course of transitional justice.-keep the project away from political affiliation.
  • 24. Tunisie, Dans Nos Cœurs .
  • 25. MERCI pour Votre Attention. Héla Boujneh