Of particular interest is the rationale behind the uneasy foundations on which transitional justice might be built.
Boujneh indicates four key ones:
- The revolution was unexpected and therefore there was no clear and consistent procedures to achieve the goals;
- The lack of legitimacy of the government put in place immediately after the departure of Ben Ali, sit-ins (Kasbah Kasbah 1 and 2), which led to two successive governments, followed by policy decisions driven by an attempt to counter strong opposition.
- Lack of awareness of the value of transitional justice, or its use; we found that many people do not really understand the effectiveness of transitional justice and its value and benefits;
- Fear of transitional justice: many parties have expressed concern, a concern that is due to the belief that transitional justice is a threat to the ordinary courts. [original article in French, here]
The article is the second in a series on transitional justice in the region, following part one, An Assessment of Transitional Justice: The Concept (Bilan de la justice transitionnelle: Le concept) and preceding part three, Challenges (Les difficultés à affranchir).