The document discusses Tunisia's transitional justice process following the 2011 revolution that ended 23 years of dictatorship. It emphasizes the necessity of consensus-based national dialogue involving civil society to address past human rights abuses and implement reforms for accountability, reparations, and institutional changes. The paper outlines the steps taken to establish a framework for transitional justice, highlighting consultations at both national and regional levels to gather public opinions and ensure effective participation.

1. "Transitional Justice in Tunisia: for a
participatory and consensual process."

2. 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.

3. 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.
Transitional reforms are the solution, but must be
effective and sustainable, as long as it’s structurally
general and profound.
Ordinary justice, no longer sufficient, raised
consciousness about the need for other mechanisms
to ensure a viable future for torn societies; this is
where the process of transitional justice comes in
hand.

5. The definition adopted by the United Nations
in the Report of the Secretary-General
submitted to the Security Council
“transitional justice is the full range of
various processes and mechanisms
implemented by a company to try to cope
with massive abuses committed in the past,
in order to establish accountability, serve
justice and achieve reconciliation”

7. Violations of human rights in Tunisia has
been through crimes, killings, torture,
disappearances, transfers and rape,
corruption,socio-economic crimes, etc ...
These crimes have gone unpunished as a
whole, thus creating frustration and
humiliation for the victims.

8. Transitional justice is based mainly on five
steps:
- Search for the truth
- Accountability of perpetrators
- Repair (morally and physically) of victims
- Institutional Reform
- Reconciliation.
Consistency of transitional justice enhances
the effectiveness and credibility of the reform
effort.

9. But to be accepted, Transitional Justice in
Tunisia must come from a consensus.
To achieve this goal, a national dialogue,
was launched to bring together the
different actors of the civil society around
transitional justice and create a clear vision
on the matter.

10. In 2004, the United Nations Secretary-
General mentioned that “The most
successful transitional justice experiences
owe a large part of their success to the
quality and quantity of public and victim
consultation carried out”

11. Public Consultations : « Transitional
Justice Visions and percpectives ».
I/ national dialogues
1/ Creation of the technical
commission
2/The conduct of national dialogues
II/Regional Dialogues
1/Creation of sectorial commissions
2/ The conduct of regional dialogues

12. National dialogue on Transitional Justice in
Tunisia is done through public consultation
both nationally (I) and regionally (II)

13. I / The public consultation at the national
level:
While the process of transitional justice has been
introduced since the date of January 14, it was
characterized by the absence of an integrated
strategy for transitional justice for many reasons.
Just after the elections of 23 October 2012, there
was the creation of the Ministry of Human Rights
and Transitional Justice.
The latter is responsible for the development of a
set of choices to correct and repair the damage of
the past to the human rights based on
accountability, establishing responsibility then
reconciliation

14. To do this, a national dialogue on transitional
justice was launched April 14, 2012, in the
presence of the three Presidencies, following
several recommendations which have
emerged.
Among these recommendations, it was
decided at an open day on 28 April 2012,
creating a technical committee for national
dialogue on transitional justice (1)whose
mission is to organize consultations (2).

15. 1/ The creation of the commission of the national
dialogue on JT
The technical commission was created by a
decree of the Minister of DHJT October 9, 2012,
the commission's duties;
- The organization of the national dialogue on
transitional justice
- Organizing public consultations
- Choice members of sectorial committees
- Collection of the results of the national
dialogue and the final report
- Preparation of the draft law on transitional
justice

16. To ensure its independence from the executive, this committee is
composed of representatives of networks and centers (composed
by 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 this
commission in the field of transitional justice and two
representatives of the Ministry of DHJT and a rapporteur ministry.

17. 2/ The conduct of national dialogues
Public consultation should aim actors of civil society.
This is why the Commission organized an open day entitled
"Transitional Justice: visions and conceptions "according to a
precise 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

18. During these days it was a
question of presenting a
general perception of the bill
on transitional justice and to
collect the opinions and ideas
given by the participants on
the subject in the workshops
of reflection around the main
axes of transitional justice
namely, the search for truth,
accountability of
perpetrators, reparations for
victims, institutional reform, The list of participants in the
the national reconciliation. five workshops

20. II / The public consultation at the
regional level
Although Decree No. 2012-22 establishing the Ministry of
Human Rights and Transitional Justice and fixing its powers,
assigned to the base to this ministry to manage the public
consultation ,the involvement of civil society and the call that
the project of transitional justice becomes independent, not
only led to the creation of the technical commission but also
the enlargement of the commission, which according to the
ministerial decree is there to organize the national dialogue in
regions, to select and train the leaders of regional dialogues
(1)and organize the regional consultations (2) on transitional
justice

21. 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 and
organizations
- All citizens regardless of regional and political affiliations
in the form of a plenary session in the morning, it will include
an overview of transitional justice and reflection workshops
in the afternoon on the steps From process of transitional
justice.
Following these 24 regional consultations, a report will be
prepared each day to formulate the ideas expressed by their
interests and recommendations for JT.

22. 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.

23. 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

25. Finally we can notice that, the Tunisian model of
transitional justice focus on three major points
-The first one deals with the Axes of the national
dialogue:
Axe I: to uncover the truth and save collective memory,
Axe II: material and moral reparation and rehabilitation
of the victims,
Axe III: Addressing the culture of impunity and to
devote a culture of accountability and top law,
Axe IV: guarantees not to do it again and institutional
reform,
Axe V: reconciliation.

26. The second one is to realize general objectives:
-Activating dialogue between the different actors and
performers in the course of transitional justice to deepen and
understand the concepts and mechanisms of transitional
justice
-the consolidation of awareness with the importance of the
success of transitional justice as a condition for the success of
the democratic transition in Tunisia
-working on the awareness of people to deepen the concept
of transitional justice in the society so as to ensure no return
to tyranny .

27. And the third point is to realize Specific objectives:
- To seek a clear vision and a consensus for the draft
Basic Law for Transitional Justice,
- Compilation of the results of national dialogues and
open days to be formulated in the form of a general
perception of the draft law on transitional justice,
- Provide an opportunity for those affected by
violations to express their views freely to determine
their needs
- Seeking to ensure a strong local sense of belonging to
the transitional justice approach
- Seeking to ensure the participation of civil society in
shaping the course of transitional justice.
-keep the project away from political affiliation.

28. Tunisie, Dans Nos Cœurs .

29. MERCI pour Votre
Attention.
Héla Boujneh