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

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.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.

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”

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.

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.

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.

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”

Public Consultations : « Transitional Justice Visions and percpectives ».I/ national dialogues1/ Creation of the technical commission2/The conduct of national dialoguesII/Regional Dialogues1/Creation of sectorial commissions2/ The conduct of regional dialogues

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

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

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).

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

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.

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

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 national reconciliation.

The list of participants in the five workshops

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

II / The public consultation at the regional level

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.

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.

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

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.

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 .

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.

Tunisie, Dans Nos Cœurs .

MERCI pour Votre Attention.

Héla Boujneh