Tunisia Spring report

THE TUNISIAN TRANSITION TO DEMOCRARY TUNIS 17 - 20 MARCH 2011

Tunisia was once the Jewel in France’s Imperial Crown: a tiny country of today under 10 million, with fertile date and olive groves on the Mediterranean coast and harsh Saharan desert south of the mines of Gafsa.

Tunisia gained independence from France in 1956 under the leadership of Habib Bourghiba but control of the country passed into the hands of Zine El-Abidine Ben Ali (who became its loathed dictator) and his family and cronies in 1988. Touted around Europe as the “most advanced democracy in the region of North Africa and the Maghreb” Tunisia was favoured by the EU with the promise of Advanced (Economic) Status from the Autumn of 2011. Until the events of early 2011 European institutions showed little interest in the documented Human Rights abuses of Ben Ali and his regime: the incarceration of thousands of Muslims, trade unionists, the harassment and virtual “house arrest” of Human Rights Defenders and journalists, the denial of a free press and freedom of information.

On 17 December 2010 Mohammed Bouazizi, aged only 24, a graduate vegetable seller set himself alight in despair at a future of poverty and unemployment in Sidi Bouzid, a small town in Central Tunisia. He died on 4 January and the World watched with wonder as up to half a million young people, trade unionist and others took to the streets to protest daily against the economic and political injustices perpetrated on Tunisian soil. In Kasserine alone, a poor city with very high unemployment near the Algerian border 38 young people died in fierce fighting with security police. Finally, on January 24^th 2011 Ben Ali, and his hated entourage, including many from the Trableski and Mabrouk families fled. The first provisional government which included 13 ministers from Ben Ali’s party, the Constitutional Democratic Rally (RCD) fled after 2 weeks of sit ins in Parliament Square. Two weeks later a second sit in spearheaded by caravans of country people protesting at the retention of RCD mayors in their regions persuaded the Minister or the Interior to freeze assets and activities of the RCD pending its formal dissolution. Many RCD members in cities towns and villages across the country were forced out of office, but members of the Mabrouk family are still advising the Prime Minister.

The Transitional Council

A Transitional Council of 69 people consisting of national personalities, representatives of political parties, NGOs, Trade Unions and the Bar Council held its first meeting at the end of March 2011. Its urgent priorities are to produce an electoral code with a view to holding national elections on 27mid- July if possible with Protocols on all civil, economic and political rights.

A corruption commission headed by Mr. Abdelfattah Amor has been set up but there are already reports that this Commission is not transparent and there are fears that evidence is being destroyed.

SEMINAR ON THE TRANSITION TO DEMOCRACY

As members since October 2009 of the Tunisian Solidarity Group of Euro -Mediterranean Human Rights Network (EMHRN) Michael Ellman and Wendy Pettifer were both privileged and humbled to attend a Conference from 17-20 March 2011 organised to identify both problems and solutions in guaranteeing democratic change in Tunisia.

The Euro-Mediterranean Human Rights Network (EMHRN) together with the Federation Internationale des ligues des Droits de l’Homme (FIDH) brought together 300 representatives of groups within Tunisian civil society and about 50 representatives of International NGOs to celebrate the Revolution of 14 January 20011 and to discuss how to guarantee democratic change and identify problems and possible solutions.

The Conference was addressed by many Tunisian and International speakers including the Prime Minister and Foreign Minister of Tunisia. Some of the international speakers were able to speak about difficulties already encountered on their roads to post revolutionary justice.

Tunisian delegates, whilst very excited about the advance that had been so quickly made despite the bloodshed were concerned about the enormous obstacles to the transition to democratic change which confront them, and the contradiction between the needs to both proceed carefully but at the same time avoid further civil strife. Only 1 out of 3 political police departments have been disbanded and Michael Ellman was detained at the airport because his name is still on a “black” list.

The Conference drew on the varied experiences of the speakers. The dominant themes were:

How to ensure democratic elections

Eduoardo Gonzales from Peru reminded the Conference that democratic springs are short and urged the Tunisians to push forward with elections based on current consensus and an amended Constitution. If prompt action is not taken he posited, the people will become alienated from the transitional Government, and may start to think that the “strong leadership” is required.

How to prevent the re-entry into positions of Powers by the former party of Ben Ali

Aliaksandr Bialiatski (vice-President of FIDH recently released from prison in Belarus) stressed that repressors must be punished, even if only symbolically to stop them hindering democratic reform, as has been the case in Bielorousse. This view was supported by M Gonzales who agreed that the supporters of Ben Ali will try to regain power.

How to compensate victims of torture and their families

M Gonzales drew on his knowledge and experience of transitions in Latin American States to support his view that victims must have the right to a holistic and effective remedy. There is not enough time to deconstruct the legislation of the old regime, pass new laws and change the constitution to meet the urgent demand for investigations into torture and disappearances for families. The key is to act quickly to set up a truly independent authority to investigate former corruption and torture which is both fair and accountable. Ben Ali and all major torturers should be extradited from their “safe havens” and prosecuted.

Economic and Social Rights - How to relate to the European Union

The mood of both speakers and participants agreed that Tunisia should continue to negotiate the Advanced Status Agreement. The EU Ambassador is already consulting with the different regions.

Beatrice Hibou presented a paper on Social and Economic Rights which broadly accepts that the revolution was born out of economic difficulties and unemployment. Tunisia’s partnership with Europe will have to be redefined and it was accepted that its earlier “economic miracle” only touched the more affluent sections of the population, with large spread poverty, particularly in the regions outside Tunis.

There are problems with the current fact finding commission which is headed by Mr. Abdelfattah Amor. The reports of this Commission are already not transparent and there are fears that evidence is being destroyed.

Libya

The meeting also passed a resolution condemning the implementation of the “no fly zone” over Libya by the UN.

Workshops were held on: Economic and Social rights, the forthcoming Elections, Migration, Freedom of expression, Transitional Justice, Culture, Women and Education.

Michael Ellman spoke at the workshop on Freedom of Expression by stressing the need to limit opportunities for government interference. Wendy Pettifer contributed to the Migration workshop by stressing the need for Tunisia to avoid becoming an agent of enforcement for European Migration Control. Both attended the workshop on Transitional Justice which focused on the difficulties in expelling former RCD members from rural judiciaries and the constraints their presence puts on any reparation programme.

The Future

Tunisians have been doubly betrayed by both Habib Bourghiba and Ben Ali. Their current dilemma is between the need to act quickly to get new systems working and the need for time to re-organise a democratic society after 23 years of terror when free expression and organisation was impossible. The revolution has only just begun! It remains to be seen whether the EU will provide sufficient “no strings” financial support to boost the economy in the short term.

We will continue to support our Tunisian comrades with whom we have worked in EMHRN in their endeavours to keep corruption and the abuse of power out of their society and to forge a new path to democracy beginning with elections on 24^th July or shortly thereafter.

Michael Ellman and Wendy Pettifer April 2011