Public Statement “ما يتعداش”
We, undersigned, components of the civil society, operating actively in the field of Transitional Justice, and in the presence of the following international organizations : the Office of the United Nations High Commissioner for Human Rights, the International Center of Transitional Justice, the United Nations Development Program, Lawyers Without Borders, the International Anti-Torture Organization, Human Rights Watch, Amnesty International, Tunis office, having examined the submission of the Organic Law pertaining to the special procedures for reconciliation in the economic and financial areas to the attention of the General Legislation Committee on June 30, 2016 at the headquarters of the High Commission for Human Rights,
It is with the highest degree of interest and keenness that we submit to the national and international public opinion the following:
1- We express our indignation at the persistent attempts to pass the draft bill by the Presidency of the Republic despite the stiff objection that has been sustained by the components of civil society, numerous political parties and national figures, renowned for their competency, independence and integrity, along with the position adopted by United Nations and international organizations dismissing the draft bill in principle. We also express our astonishment at this particular timing chosen to submit the draft bill to the General Legislation Committee.
2- We express in no uncertain terms our absolute and fervent repudiation of the draft organic law pertaining to the special procedures for reconciliation in the economic and financial fields. We also reiterate our indignation at the attempts embedded in the substance of the bill aimed at undermining the process of Transitional Justice in Tunisia, in clear breach of the Constitutional provisions and the requirements of the organic Law number 53, dated December 24, 2013, pertaining to the establishment and regulation of Transitional Justice. The attempt to pass this draft bill clearly translation an insidious intention to restrict the attributions of the Truth and Dignity Commission and to play down its role, in addition to disregarding Transitional Justice mechanisms that necessarily require transition through truth seeking, accountability then reparation and reconciliation. We have also found that the draft bill has overlooked the plight of the victims who should, otherwise, be at the core of Transitional Justice. However, the same draft bill has been has been found to be mild and lenient on the perpetrators, those implicated in the commission of violations such as public officials and executive civil servants and entrepreneurs under the excuse of reconciliation. As a matter of fact, reconciliation should be the consecration of a comprehensive process that begins with truth seeking, the acknowledgement and apology of the perpetrators of violation, reparation, then, finally reconciliation.
Based on the previous facts, and in due regard to the decisive and defining role of Transitional Justice in helping with the peaceful and smooth transition to democracy, we:
3- Call upon and exhort the State of Tunisia to fulfill its obligation in accordance with the requirements of both the Constitution and the Law, by supporting and endeavoring for the success of the Transitional Justice process, seeing to the provision of all appropriate conditions for success, and by standing firmly against any attempt aimed at foiling efforts so far exerted to consecrate genuine justice. We call upon the State of Tunisia to help seek the whole truth, rehabilitate the victims without discrimination, and achieve national reconciliation in an atmosphere characterized by the rule of law, equality and transparency.
4- We express our resolve to pursue our efforts to advocate the process of Transitional Justice through all lawful and peaceful means as per the Constitution and the law.
5- We call upon all local and international associations and organizations, political parties and national figures to stand together in the face of any initiative aimed at bypassing Transitional justice, asking everyone to stand united in order to ensure the success of the Transitional Justice process, the effective and efficacious mechanism that guarantees peaceful transition to democracy.
The signatory associations and networks:
Lawyers Without Borders, The International Organization Against Torture, the Tunisian Association for Individual Liberties Defense, The Association for the Defense of Human Rights, Bawsala (the compass) Association, the Independent Tunisian Coordination for Transitional Justice, the Civil Pole for Development and Human Rights, El Karama (dignity) Association, Tounissiet (Tunisian women) Association, Justice and Rehabilitation Association, the Tunisian Association of Development Law, the Euro-Tunisian Center, the Democratic Laboratory, Ashbal Khmir Association, Khmir Association for Environment and Development, Democratic Transition & Human Rights Center support (DAAM), Transitional Justice is Also for Women Network
For Arabic version click here:http://daamdth.org/archives/253
