Photograph — Arabian Business

The revolution that swept through the four corners of the Middle-East came as a result of the boldness of the Tunisians who set the tone of the Arab Spring across the region. Their revolution was ignited by a 26-year-old street vendor who set himself on fire to protest the treatment he faced at the hands of local authorities. This uprising ousted a severely oppressive regime that had ruled for 23 years and ushered in the wave of a democratic government.

After the Tunisian uprising, the feeling of hurt and isolation still ran deep in the hearts of Tunisians. People who had faced torture in the hands of their country needed to feel a sense of belonging again and Tunisia’s new found democracy needed to be solidified. This made Tunisia come up with a transitional justice law adopted which was adopted in 2013. Following this event, a truth and dignity commission was created to investigate gross human rights violations committed by the Tunisian state since its independence and provide compensation and rehabilitation to victims.

This commission would review thousands of cases of human rights violations, dating back to as far as 1955, one year after Tunisia gained independence from France. Since 2013, they have managed to gather over 62,000 cases and 11,000 closed door testimonies from people. These people are slated to have one hour each to tell their own stories of human rights abuse, which was targeted at them or their relatives they must have lost. The public broadcast is set to kick off today, 18th of November 2016.

“The goal is not revenge; we need to expose these testimonies for history. The Tunisian people are tolerant, but they are tolerant after knowing the truth… Tunisia will no longer accept human rights violations,’ said Sihem Bensedrine, a former activist who was harassed by the authorities under Ben Ali.

According to Tunisia, this exercise is for them to come to terms with their gruesome past of human rights abuse. But what exactly is the use of re-opening closed wounds without getting your oppressor or abuser punished? (of which the hearing doesn’t promise any prosecution). All it promises is a public apology from officials accused of human rights violation, torture or corruption, provide compensation and rehabilitation to victims and boost investment in their struggling economy.

“Foreign investors will know that Tunisia is implementing a path for transitional justice aimed at dismantling its authoritarian and corrupt system,” read a statement by the Truth and Dignity commission.

If this is all they would get from series of confessions, maybe the confessions don’t have to happen! The quest to address wrongs is a step ahead in solidifying democracy and making a statement that the people’s interest and voice must be heard. But what comes after that? These people that perpetrated these crimes still walk around freely, with the opportunity to perpetrate more crimes again.

“You can’t imagine what it’s like for those who killed your son or husband to walk around in front of you. They won’t arrest or try them. In Tunisia, if they catch someone smoking marijuana they’ll send them to jail, but they won’t imprison the killers,” Ms Sayeda Seifi said. She is one of the thousands who have submitted their case to the commission. Her son was allegedly shot and killed by Tunisian police during an anti-government protest in Le Kram, a poor suburb of the capital, Tunis.

The real test for Tunisia isn’t the hearing, neither is it the compensation that would be awarded to victims. The real test would be if the perpetrators are prosecuted. Taking a cue from Seifi, if smokers go to jail, then there should be no reason for these offenders to remain free men or women. A statement by Amnesty International fully encompassed the thoughts of Seifi, and the real test the committee faces:

‘The real test facing Tunisia’s transitional justice process, however, is whether it will ultimately lead to criminal prosecutions for the crimes of the past decades, which have thus far gone without adequate investigation or punishment.”

Tunisia has been lauded for their gentle but trying transition to democracy, but it should be duly noted that democracy without justice for the oppressed isn’t really democracy. Apologies are not classified as justice. Justice is given by a court, and this public hearing should not go without justice awarded to the oppressed.

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