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Is Trial Significant for Transition in Tunisia? – An Analysis of Tunisia’s New Economic and Financial Reconciliation Law



The Tunisian Parliament’s passing of the new Economic and Financial Reconciliation Law on September 2017 has created unrest among opposition parties as well as civil society actors.

Most of the opponents see the law as a disguised amnesty for leaders from the former Ben Ali regime. Zine El Abidine Ben Ali, president since 1987, was abdicated in January 2011 after an intensive civil resistance movement against increasing unemployment, food inflation, and corruption along with allegations of human rights violations. Six months after his exile he, along with his wife, was found guilty in absentia for charges including corruption and was sentenced to 35 years.

One of the most progressive acts of the new regime was the passing of a Transitional Justice Law in December 2013. It framed a comprehensive structure to address the violations of the former regime by revealing past abuses, providing reparations to victims, and pursuing criminal accountability for serious crimes.

Under this law, a Truth and Dignity Commission to investigate and report past abuses, along with a Specialised Chamber for the prosecution were established. Criminal offenses as well as financial corruption and misuse of public funds were a major focus. The Truth and Dignity Commission started hosting a series of public hearings to gather statements on 9 June 2014, and it has gathered more than 63,000 statements to date.

Meanwhile, the current Tunisian President Beji Caid Essebsi proposed the new Economic and Financial Reconciliation Law during his independence speech on 20 March 2015. This proposed law has provisions of amnesty for corrupt government officials and businessmen of President Ben Ali’s regime.

Activists in Tunisia and international human rights and anti-corruption groups have actively been opposing this law since its inception in 2015. The law was finally passed by the Tunisian parliament after raucous deliberations on Wednesday, September 13, 2017.

The new law would effectively bring the Truth and Dignity Commission and the Specialised Chamber totally defunct as no prosecution could be initiated against anyone who obtains amnesty through the “reconciliation commission” established under the new legislation.

According to Human Rights Watch, this law could be a final blow to Tunisia’s transition and effectively defeat the very purpose of the Truth and Dignity Commission, which has the mandate to investigate corruption.

Is trial mandatory for Transitional Justice?

The political landscape of a society that is transitioning to democracy from autocracy or emerging from conflict has a continuum of transitional justice mechanisms, which include trials (both international and domestic), truth commissions, amnesties, property restitution, reparations, lustration policies, public monuments, and apologies. Scholarly opinion varies on the effectiveness and viability of these various mechanisms; some argue in favor of criminal prosecutions or alternate mechanisms like truth commissions and some for amnesties.

Even though there are so many developments in transitional justice, amnesty laws still feature prominently in post-conflict and post-authoritarian setups. The majority are self-declared amnesties proclaimed by outgoing regimes so as to protect themselves in the post-conflict and post-authoritarian period. The legality of such self-declared unconditional amnesty laws is questionable.

The Special Court for Sierra Leone, for example, in the Lomé Peace Accord decision has deemed the unconditional and free pardon to all participants in the decade-long civil war as illegal.Unlike in Tunisia, the Lomé case was on the amnesty laws, which pardoned perpetrators who were facing trial under an internationally constituted criminal court. Nevertheless, the initiatives like the new Economic and Financial Reconciliation Law in Tunisia, which is passed by the subsequent regime are usually more acceptable in respective national jurisdictions and are not generally condemned as illegal unless it is too biased or nepotic.

Criminal prosecution and amnesty are not the only viable options in a post-conflict and post-authoritarian setup. A truth commission is also generally favored as a “third wave” between punishment and amnesty.

Truth commissions can be defined in light of the “Theory of Denunciation.” Denunciation procedures are designed to engage offenders in an attempt to make them understand why their acts were criminal, while also reaffirming the norm in the community and educating society about the unacceptable nature of the conduct condemned, while also holding those responsible accountable. The Truth and Dignity Commission in Tunisia serves the objective of the Theory of Denunciation, as well as will have a deterrent effect, as the findings of the commission will be the basis of the prosecution by the Special Chamber.

Another interesting feature in the new reconciliation law in Tunisia is the provision for declaring the ill-gotten assets as a condition for amnesty. The government believes that this contributes to the country’s economic development. This is similar to the lustrations and property redistribution, which were the main mechanisms in formerly communist Eastern European countries’ transitional justice. However, such attempts were controversial because they flew in the face of due process and were highly susceptible to corruption and manipulation.

In Tunisia, susceptibility to corruption and manipulation is also high, as the details of amnesty – including the declaration of assets – under this new reconciliation law, will not be made public. There are already allegations that those seeking amnesty and those currently in power are well connected, and there is high chance that this law will be misused to their advantage.

The anomalies of alternatives to trials in transitional justice, including the reconciliation laws, are evident from the above discussion. Most of the alternatives, though helpful in negotiating peace, send out a message of impunity to future violators.

The Tunisian reconciliation law passed recently does not provide any clause which mandates the authorities to declare the details of the people who seek amnesty including how much money they declare as ill-gotten. This will send out a message of impunity as there is not even a revelation of who all the culprits were and how much money they declared as ill-gotten for benefiting amnesty.

In all post-conflict and post-authoritarian setups, it is important to have some form of deterrence that has the potential to dissuade future violators by punishing the present ones. The new reconciliation law does not deter future violators nor does it deliver retributive justice for the victims in a fair and equitable manner.

Further, supporters of the new law would argue that prosecuting and punishing leads to political instability in newly democratizing societies like Tunisia. For them trials are detrimental to a stable democracy after the transition.  However, historically trials and truth commissions do not have a determining impact on the quality of the new democracy when observed some years after the transition could be an answer. For example, Barahona de Brito a transitional justice scholar asserts that “Democracy is just as strong and deep in Spain, Hungary, and Uruguay, where there was no punishment or truth-telling, as in Portugal, the Czech Republic, or Argentina, which did experience purges and trials.”

Additionally, in the context of Latin American trials, there is no evidence that human rights and corruption trials undermine democracy. Further, the example of Argentina’s experiences today provides proof that trials can have neutral and arguably positive effects on democratic stability.

Hence, it can be very well resolved that the claim by the Tunisian government that the new reconciliation law will help in forging future democracy is not true as the success of a new democracy is independent of the transitional justice methods utilized.

Historically, in the majority of cases, domestic level mechanisms fail because of impunities brought about by mechanisms like reconciliation or amnesty laws. Often the most powerful authoritarian regimes either grant themselves amnesty or avoid legal prosecution through other means, and only the weaker outgoing regimes are eventually punished.

In some other cases, justice cannot be achieved because the violators continue to remain in power or strike deals with the subsequent rulers and shield themselves with immunities (e.g., reconciliation laws like in the present case). After all, the decision whether to punish or pardon a situation is largely constrained by the interest of the political elites of the state.

Hence it can be construed that trial for crimes in transitional societies like Tunisia is not only significant but also inevitable for proper delivery of justice, whether it is through trial or other mechanisms like truth commissions.

Giving blanket amnesty through a new reconciliation law without identifying and declaring the truth will not have a positive effect on the smooth transition and future peace process in Tunisia. Therefore, Tunisia should take immediate measures to annul the controversial new Economic and Financial Reconciliation Law and proceed with the trial of the corrupt under the former Transitional Justice Law.

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Middle East

Three Years of Saudi Heinous Crimes in Yemen

Sondoss Al Asaad



Yemen a miserable isolated Arab country has been devastated by an ongoing Saudi bloody war. Since March 2015, Saudi Arabia and its gulf allies (GCC) have launched a vicious military campaign against Yemen to reinstall its former government. Recently, the Saudi Crown Prince Mohammed bin Salman’s visit to the UK has refocused attention on this silent conflict.

The collation has imposed a blockade on the port of Hodeida city, the main entry point for food and medicines and has been repeatedly accused of unlawful airstrikes on civilian targets which amount to war crimes. Obviously, the U.K., U.S. and other Western governments back, supply weapons and provides training to the GCC soldiers.

Amid the global silent and the mainstream media hypocrisy, the criminal collation systematically targets residential areas, claiming it would control arms transfer to the Houthi rebels. Saudi Arabia regards the Houthis as Iranian proxies and intervened to check their advance. These heinous massacres have prompted accusations by some Western opposition MPs and human rights groups of significant responsibility for civilian casualties. Thousands of Yemenis have been killed and the infrastructure has been thoroughly pulverized.

The GCC collation has imposed a blockade on Yemen’s air, sea and land borders in November 2017 in response to Huthis firing missiles towards Riyadh airport, closing an aid lifeline to tens of thousands of starving Yemenis. The U.K. government denies that its forces are advising the Saudis on specific targets, though they admit that, after a raid, British officers can give advice on future targeting policy.

A UN panel of experts that reviewed 10 Saudi airstrikes found Saudi denials of involvement in these specific airstrikes were implausible, and individuals responsible for planning, authorising or executing the strikes would meet the standard for the imposition of UN sanctions. The panel reported early in January, “even if the Saudi Arabia-led coalition had targeted legitimate military objectives … it is highly unlikely that the principles of international humanitarian law of proportionality and precautions in attack were respected.”

At the end of February, Russia vetoed a UK draft resolution that included a condemnation of Iran for violating the UN arms embargo in Yemen over claims that it supplied the missiles used by the Houthis that were fired towards Riyadh.The ongoing war has witnessed heinous atrocities, which emphasizes the urgent need of taking all necessary and possible steps to stop the war, bring the perpetrators to justice and ensure impunity.

Since the beginning of the military campaign, the coalition has targeted numerous facilities including schools, hospitals, airports, ports, universities, water and electric utilities, roads, bridges.  Although international conventions grant full protection for civilian installations, the Saudi warplanes have systematically targeted civil facilities using several internationally forbidden weapons, during the systemic raids over densely populated areas.

Medics have voiced alarm over the raging spread of the cholera epidemic in the impoverished country, saying that one child is infected every minute. Malnourished children, who number more than two million in Yemen, are greatly susceptible. Yemeni Health Ministry says that the Saudi aerial embargo has prevented patients from travelling abroad for treatment, and the entry of medicine into the country has been blocked. Over the following three years, the war has engulfed the entire country causing unbearable suffering for civilians. Due to the relentless bombardment, many civilians have been killed or injured, and a humanitarian crisis has spiraled, while the world ignores this raging war and hears little about its devastating consequences.

Various hospitals were shut because of the bombarding, and the insufficient medical teams. Further, vaccinations of major infectious diseases have been banned, amid the growth of the indicators of child malnutrition, and the spread of epidemics. In addition, more than 95% of doctors, nurses and consultants have been killed or fled the country. The lack of medicines has caused the deaths of many with Thalassemia and Anemia who need a monthly blood transfusion. Dialysis centres have made an SOS to save the lives of more than 6 thousand patients with Renal failure by providing them with necessary medical supplies, pointing out that the number of deaths of patients with renal failure exceeded 17 deaths in every 8 months.

The blockade imposed by the coalition has left more than 12,000 people killed, 49,000 injured and around 20 million people in need of humanitarian assistance. It has also created the world’s largest food security emergency. Human Rights Watch has accused the Saudi-led coalition of committing war crimes, saying its air raids killed 39 civilians, including 26 children, in two months. Additionally, The International Committee of the Red Cross has said that the number of suspected cholera cases in war-torn Yemen has hit one million. More than eight million Yemenis are on the verge of starvation, making Yemen the scene of, what the United Nations calls, the world’s worst humanitarian crisis.The Saudi regime has launched his war to eliminate the Houthis movement and to reinstall a Riyadh-friendly regime in Yemen.

However, the collation has failed to achieve its geopolitical and ideological objectives regardless of spending billions of dollars and enlisting the cooperation of its vassal states as well as some Western countries. The world’s largest humanitarian crisis caused by Saudi prolonged military onslaught has pushed millions of Yemenis to the brink of starvation. Unfortunately, the UN has not yet taken any effective measures to halt the humanitarian tragedy for the sake of the ultimate objective that Saudi Arabia is pursuing in the country, which is eliminating the threat of the Houthis. Obviously, the Saudis have not achieved their basic goals; hence, they are seeking revenge on the innocent Yemenis through their aimless bombardment.

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Middle East

West using JCPOA as lever to pressurize Iran



Recently, Reuters claimed European countries had commenced negotiations with Iran over the country’s role in the region in order to ease U.S. President Donald Trump’s concerns over the Iran nuclear deal known as the Joint Comprehensive Plan of Action (JCPOA).

Reuters alleges that the talks got off the ground on the fringes of the Munich security conference, with Yemen and certain regional issues taking center stage, and that the negotiations are going to continue in the future.

“European powers and Iran have started talks over Tehran’s role in the Middle East and will meet again this month in Italy as part of efforts to prove to U.S. President Donald Trump that they are meeting his concerns over the 2015 nuclear deal,” wrote Reuters.

What is worth mentioning about the Reuters’ report is that the news agency claims the talks between Iran and Europe on regional issues conducted is phased. Reuters says the first round of the negotiations were held on the sidelines of the Munich security conference with the Yemen war top of the agenda, and that the Europeans hope to discuss the role of the groups supporting Iran in Lebanon and Syria. A few points need to be taken into account in this regard.

First, regional talks with Iran has been one of the common demands of the U.S. and the European Union following the conclusion of the JCPOA. When the nuclear deal was signed in July 2015, many analysts unanimously believed that Washington and the European Troika intended to use the JCPOA as a springboard for regional talks with Tehran.

Efforts by Germany, Britain and France to hold regional talks with Iran can be analyzed accordingly. Here, France seeks to play the role of a leading player. The trip to Iran by French Foreign Minister Jean-Yves Le Drian comes within the same framework. Paris has promised Washington to spare no effort to hold negotiations with Iran on the Islamic Republic’s regional policies. Accordingly, Germany and Britain have got on board with France, too.

The second point is that while the general meeting of the UN General Assembly was underway in New York last summer, key talks were held between U.S. President Donald Trump and senior European officials over Iran’s regional policies and their connection with the JCPOA. In the talks, French President Emmanuel Macron promised his U.S. counterpart to channel and manage missile and regional talks with Iran. This comes as the fundamental principles of Iran’s foreign policy will remain unchanged. The principles include Iran’s backing for resistance groups, and above all, the country’s firmly dealing with the regional threats made by the U.S. and its allies and cronies. This firm approach by Iran will shatter the U.S. and Europe’s hope for regional talks with Iran. Still, the European officials believe the commencement of regional negotiations with Iran (even if unofficial), per se, can serve as a starting point to curtail Iran’s power and influence in the region. Thirdly, the Iranian diplomacy apparatus’ insistence on the unchangeable and general strategies of the country’s foreign policy, namely support for resistance groups, promotion of the resistance discourse, and fighting Takfiri terrorism will play a key role in foiling the ploys adopted by the U.S. and the European Union for talks.

One should bear in mind that the European Troika are channeling the talks on behalf of the U.S. and in coordination with the Trump administration. What Iran will employ to counter the joint game launched by Washington, Paris, London and Berlin will be the determination to safeguard the country’s strategic and behavioral principles in the region. It goes without saying that with this firm and prudent defense, the U.S. and the European Troika will not achieve any of their objectives in restricting Iran’s maneuvering power in the region. And lastly, the U.S. and the European Union are using the JCPOA as a lever to channel regional talks with Iran and pressure Tehran into giving in to Washington’s regional demands. In other words, Instead of serving its function as an independent legal document, the JCPOA has turned into a political tool to exert pressure on Iran. Here, too, the Iranian diplomacy and foreign policy apparatus should act very prudently and consider “safeguarding Iran’s regional power” as its red line, not “safeguarding the JCPOA.” Obviously, Washington and the European Troika should get to understand the definitive principle that Iran will not compromise on its fundamental strategies in the region.

First published in our partner Tehran Times

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Goals of bin Salman’s visit to UK: Blood-colored agreement

Mohammad Ghaderi



The recent visit of Saudi Crown Prince Mohammad bin Salman to the UK has attracted the attention of the various circles. Besides the diplomatic and business relations, bin Salman signed a preliminary deal to buy 48 Typhoon fighter jets from the UK.

The jets, made by British company BAE Systems, are part of 10 billion-pound deal which has been under discussion for many years. Finally the purchase of Typhoon jets by Saudi Arabia was agreed upon as a result of bin Salman visit to Britain.

It seems that Western-backed arms manufacturers are once again struggling to seize markets in the region, especially in the Arab states of the Persian Gulf. The Yemeni war, which the West has no desire for it to end, is another motivator for selling arms to Saudi Arabia and the UAE. For this reason, Amnesty International denounced the Saudi-British arms contract to buy Typhoon jets and said that it’s just adding fuel to the humanitarian fire in Yemen. The British Labor Party, and some nonprofit organizations, also condemned the deal. Also, Politicians from the UK’s main opposition party have denounced the $140 million humanitarian deal with Saudi Arabia, saying it “made a mockery” of Britain’s reputation as a global leader in delivering humanitarian aid. But the British defense minister defended the deal and described the visit of the crown prince of Saudi Arabia to London as opening a new page in the relations between the two countries.

in bin Salman visit to the British authorities, bilateral relations, strategic cooperation between the two countries and ways to strengthen this cooperation, especially in the defense and military sectors, the opportunities available in Saudi Arabia by 2030, the developments in the Middle East and the world, as well as the so-called fight against Terrorism and extremism were discussed.

In a joint statement by the two countries, British support for Riyadh was emphasized. It’s mentioned in this statement that Saudi Arabia is a strategic ally of Britain in the Middle East. The two sides also emphasized the political settlement of the Yemeni crisis based on the Persian Gulf Cooperation Council’s plan and its strategies, the results of the Yemen national negotiations and Security Council resolution 2216, and claimed that such a solution would guarantee Yemen’s security and integrity.

Ironically this emphasis on the political solutions for the existing crises in Yemen is taking place while Saudi Arabia uses Western weapons to continue to assault this country. With no doubt, Saudi Arabia’s case in war crimes and human rights abuses in Yemen is really dark. Furthermore, the statement emphasizes Britain’s commitment to presenting its experiences to Saudi Arabia in implementing reforms and the joint commitment of the two countries to a long-term partnership to support the 2030s vision of the Saudi Arabia.

Commercially speaking, contracts worth two-billion dollars have been signed on the three-day visit of the Saudi Crown Prince to England, though details of these contracts have not been announced. The two sides also agreed to make up to $ 90 billion in trade and mutual investment in the coming years.

Regarding the current situation, the question is, what are the Saudis and British goals of strengthening relations and signing such great amounts of different contracts?

-Naturally, Saudi Arabia, which is a traditional ally of Britain, will establish different kinds and levels of relations with the UK after the Brexit. The beginning of the development of bilateral relations between the two countries has been shaped around close security and military cooperation, and of course, Britain intends to extend these partnerships to all commercial and economic grounds.

On the other hand, Britain will need a solid ally, money and rich market after leaving the EU. Obviously, Saudi Arabia is at the top of its priorities. Meanwhile, selling billions of pounds of weapons to Saudi Arabia is a deal that, according to British officials, provides tens of thousands of job opportunities inside Britain.

The recent policies of the Saudi Arabia’s Crown Prince for conducting reforms, and creating an open cultural atmosphere inside Saudi Arabia, have also encouraged London to develop relations with Saudi Arabia.

Confronting the influence of the Islamic Republic of Iran has also long been on the agenda of the foreign policy of Riyadh, and this issue has the support of the British authorities. For this reason, Saudi Arabia welcomes British experts’ contributions and advice to counter what it calls Iran’s threats.

On the one hand, bin Salman seeks to secure global support for domestic economic and cultural reforms and, on the other hand, he wants to ensure international investors to stay in the country.

On the other hand, the reform process in Saudi Arabia led by the inexperienced Crown Prince of Saudi Arabia faces serious internal barriers. The quick pace of reforms in the traditional and conservative society of Saudi Arabia will rather have negative consequences than positive ones. This is while economic and cultural reforms in Saudi Arabia, without political reform (freedom and democracy) won’t be a fundamental solution, and thus will certainly face numerous obstacles.

Moreover, the issue of coping with the Islamic Republic of Iran is not easy for the Saudis. In recent years, Saudi Arabia suffered severe defeats in various regional scenes, including Iraq, Syria, Yemen, Lebanon et cetera against the Resistance Movement. Riyadh authorities think they would be able to confront the Islamic Republic of Iran relying on western political support and weapons, especially those by the United Kingdom and the United States. But they have overlooked the point that Western powers are only seeking their own goals and interests in the region, and therefore relying on them will lead to nothing but frustration and despair.

First published in our partner Mehr News Agency

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