Conference Wrap-up: Justice in Times of Transition

A resident of central Tunisia gestures 

during a demonstration in front of the 

Government Palace, January 2011 

(FETHI BELAID/Getty Images)

The international conference on transitional justice ‘Addressing the Past, Building the Future: Justice in Times of Transition’ concluded today in Tunis, following two days of discussions on justice models and measures implemented in transitions.

The conference explored justice-related issues arising from recent developments in Tunisia, Egypt and elsewhere in the region, pairing international experiences with current issues facing societies transitioning to democracy. The discussions largely focused on the situation in Tunisia, with participants seeking to use lessons learned abroad and examine whether they can be applied in the local setting.

The first panel discussion covered transitional justice in post-authoritarian settings, with particular focus on experiences from Latin America. Speakers and participants emphasized the need for a holistic and creative approach to transitional justice which takes into account the unique circumstances of the Tunisia case. Questions and debate focused on criminal justice as an integral part of the transition process, but one that must be implemented alongside other measures, such as reparations, vetting, or truth-seeking.

The next session continued discussion of criminal justice and judicial accountability. Speakers highlighted the hurdles facing criminal justice in transitional contexts, including case complexity, the large numbers of both perpetrators and victims, and limitations of criminal trials to provide adequate compensation. Ensuing participant dialogue focused on the need for reform and strengthening of investigative and prosecutorial bodies within the Tunisian judiciary, and underscored that doubt exists within the Tunisian public forum in regards to the judiciary’s independence.

Director of ICTJ's Research Unit, PabloDe Greiff 

discusses challenges of vetting.

The final panel discussion on Thursday focused on security sector reform (SSR)—the process of changing once-abusive institutions into ones responsive to the needs of society—and vetting, a process by which public employees are screened to ensure they are qualified for their positions. SSR poses particular challenge to countries in the region that do not have a robust history of reforming the security sector. Participants discussed the possibilities of re-education and training for security-sector personnel, and considered the possible dangers of vetting.

Violence Against Women: Invisible Victims

Participants listen to speakers on gender justice.

Sana Ben Achour from the Tunisian Association of Democratic Women opened the session by presenting the effort of her association to conduct a fact-finding mission to the towns in Tunisia’s interior where particularly brutal violence was perpetrated. 

Achour revealed that the testimonies collected by the commissions investigating violence usually do not refer to women’s suffering due to the specific nature of abuse, which often involves sexual violence. Many truth-seeking bodies do not achieve parity between men and women in terms of membership and the methods employed in their functioning, which often does not address specific aspects of victimization of women.

Gender-based violence is routed in the patriarchal system in Tunisia and is of a collective nature, Achour said. She stressed that a need exists to break the wall of silence around violence against women, to show solidarity with them and to empower them to defend their rights.

Fulfilling the Right to Reparations

Panelists speak about reparations program.

The discussion on Fulfilling the Right to Reparations: How and How Soon, chaired by Mokhtar Trifi, president of the Tunisian League for the Defense of Human Rights (LTDH), focused on the legal basis for reparations and its varied nature and application globally throughout history.

Wahid Ferchichi a law professor at the University of Tunis and a consultant for ICTJ opened the conversation with a thorough explanation of the legal basis for reparations.

Truth Commissions as Instruments of Justice: Challenges for Tunisia

Tawfik Bouderbla, President of the Tunisian Commission for investigating the truth on the violations during the last events opened the session by outlining the mandate and the process of appointment of the members of the commission he heads.

Tawfik Bouderbla, President of the Tunisian

Commission for investigating the truth on

the violations during the last events

He detailed that by the 4 March the Commission received more than 700 complaints dealing with violations of human rights - 106 deaths, 641 injuries and the rest referring to damage of property. On the basis of this information, the prosecutors in Kasrin heard hundreds of witnesses to date and that some arrest warrants have already been issued. 

[Live Streaming] Transitional Justice Conference , Tunis - Day2

Transforming the Heart of State Power

Director of ICTJ's Research Unit, PabloDe Greiff 

discusses challenges of vetting.

Thursday's final session on security sector reform (SSR) and vetting of state institutions began with chair Mohamed Saleh Kheriji, a member of the AIHR Board of Directors, asking the panelists to consider the following questions:

• Is it possible to reform the security sector if you eliminate the police force? 
• Is the re-education of individuals considered during institutional reform?

Criminal Justice a Crucial Element of Successful Transition

Panelists speak about criminal justice

and accountability.

The session on criminal justice opened with the presentation of Naziha Boudhib, a Tunisian lawyer, who analyzed the criminal justice experience in the Arab world.

Two distinct examples emerged in this analysis – the Iraqi Tribunal, and the cases underway in Tunisia and Egypt following the revolutions there.

The Iraqi experience is an example of transitional justice, said Boudhib, but the fact that it took place under foreign occupation and was marred by procedural breaches meant that it did not meet the international standards of fair trial.

Building Democracy From the Ashes of Dictatorship

The first session of the conference covered the topic of transitional justice in post-authoritarian settings, with particular attention to experiences from Latin America.

The speakers and participants emphasized the need for a holistic and creative approach to transitional justice, remembering that traditional justice - or criminal justice - is an integral part of transitional justice, but still just a part.

Panelists Zalaquett, Rahmouni and de Greiff (l-r)

Ahmed Rahmouni, president of the Association Tunisienne des Magistrats (AMT), began by introducing the speakers and stressed legal accountability and prosecutions as the core of transitional justice.

Jose Zalaquett, professor of human rights at the Law School of the University of Chile, explained, "Transitional justice can act as an ice breaker opening up pathways for future redress. Over time it amounts to something substantial despite temporary reversals or occasional setbacks. It is not an exhaustive agenda of social, economic and political transformation but has to be linked to other policy initiatives."

No True Democracy Without Justice – Tunis Conference Underway

The conference "Addressing the Past, Building the Future" opened this morning with more than 150 participants from Tunisia and other countries of the Middle East and North Africa.

All of the opening speakers emphasized the importance of justice as the foundation of democracy, beginning with that from Abdelbasset Ben Hassen, the president of the Arab Institute for Human Rights, one of the organisers of the conference.

Tunisian Minister of Education Taieb

Baccouche speaks to participants at 

opening session.

"We are going through the period we dreamt of for years but should not forget the darkness of the past, and forget people who suffered. The political transition to democracy will be incomplete if justice is not one of its main elements," said Ben Hassen.

David Tolbert, President of the International Center for Transitional Justice, made clear that transitional justice should not be seen as substitute for accountability.

Watch the event online

Schedule Update

The conference schedule is now available. We regret that Prime Minister Beiji Caid Essebsi will not be attending the opening session, but are pleased that Taieb Baccouche, Tunisian Minister of Education will be representing the transitional government in his stead.
We'll begin live tweeting at 9:00am tomorrow. Our hashtag is #tjtunis. We're looking forward to seeing you there!

What Transitional Justice Is... And Is Not

A victim in Indonesia stands in front of
protest art that demands the full
investigation of a 1984 massacre of
demonstrators in Tanjung Priok.
(Poriaman Sitanggang. 2009)

When the conference opens tomorrow participants from around the world will begin discussing transitional justice in the context of Tunisia.

According to ICTJ, transitional justice is:

"... a response to systematic or widespread violations of human rights. It seeks recognition for victims and promotion of possibilities for peace, reconciliation and democracy. It is not a special form of justice but justice adapted to societies transforming themselves after a period of pervasive human rights abuse. In some cases, these transformations happen suddenly; in others, they may take place over many decades."

Talking ‘Transition’ in Tunis

A resident of central Tunisia gestures 

during a demonstration in front of the 

Government Palace, January 2011 

(FETHI BELAID/Getty Images)

Tunisia’s recent uprising—resulting in the fall of President Ben Ali’s regime—opened the door to debates on how to address widespread political repression and human rights violations in the country and the region. 

The Arab Institute for Human Rights, the International Center for Transitional Justice, the Tunisian League for Human Rights, and the UN Office of the High Commission for Human Rights are hosting an international conference to discuss these issues this week in Tunis.