A law that would grant Ben Ali-era businessmen amnesty – the so-called economic reconciliation law— has polarized Tunisia.
While the supporters of this law believe that this legislation could partly alleviate the suffocating financial crisis currently facing Tunisia, as well as boost development and investment, opponents think it will encourage corruption and will fail to hold violators accountable.
A law that would grant Ben Ali-era businessmen amnesty – the so-called economic reconciliation law— has polarized Tunisia.
While the supporters of this law believe that this legislation could partly alleviate the suffocating financial crisis currently facing Tunisia, as well as boost development and investment, opponents think it will encourage corruption and will fail to hold violators accountable.
The four-partite ruling coalition comprised of NidaTunis, Ennahda Movement, Union Patriotique Libre, and Afak Tunis, praised the passing of the law under the pretext that it serves the interests of the country.
“The draft law will put an end to division among political protagonists and pave the ground for working together to promote investment and development in the economically hard-hit country,” said Nida Tunis MP Abdelziz Kotti. Kotti denied the criticism leveled against the law from opponents of the draft law who believe it forgoes accountability. “It does not target those who have been legally implicated in corruption or bribery cases,” said Kotti.
Unconstitutional
Other parties represented in the parliament, however, especially the leftist Popular Front, Congress party and other movements and human rights organizations, have threatened to stage protest demonstrations, criticizing the law for being unconstitutional and delaying the course of transitional justice.
“The reconciliation law violates the Constitution and encourages impunity as well as infringes on the Truth and Dignity Commission’s mission established under the transitional justice law,” said leftist Popular Front MP Nizar Emami.
Tarek Kahlawi, Congress Party leading figure, said the opposition will stand up against the law since it “jeopardizes democracy and the path of transitional justice. This law is based on cheating and fraud and is not a reconciliatory law but an amnesty law that pardons corrupt individuals and leads to their impunity.”
Rifts within Truth and Dignity Committee
The controversy over the reconciliation law caused a rift within the Truth and Dignity Commission due to disputes among its members, leading to the resignation of one member and the dismissal of another.
Nida Tunis leadership sharply criticized the action undertaken by the Truth and Dignity Commission and especially its head, Siham Ben Sedrine, whom they accused of mismanagement and abuse of powers.
Economic benefits
The ruling coalition parties say the law is likely to bring financial profits to the country’s state treasury, in addition to boosting the wheel of economy and investment.
The law will also contribute to achieving reconciliation with the business community and government officials suspected of involvement in corruption cases, proponents have said as the law stipulated that they should return the money embezzled from state treasury and pay five percent of the value of these amounts to the state.
Economic expert and Head of the Tunisian Governance Association Moez al-Joudi said the economic reconciliation option “represents an optimal solution that takes the country out of the economic crisis.”
He also underlined that the law addresses in particular the businessmen who have not been involved in bribery and embezzlement, explaining that the law also targets the government officials with doubtful sources of money and who were pressurized to obey the former regime’s orders.
Joudi believes that the law does not conflict with the provisions of the law or the transitional justice, pointing out that he expects that funds worth 500,000,000 dinars (US $257,538,000) will go to Tunisia’s treasury.
Impartiality impossible
Faisal Darbal, economic and finance expert and head of the Tunisian Center for Institutional Governance, did not approve and totally disagreed with the formula used for the reconciliation law.
“This draft law will be supervised by a government committee which does not enjoy independence or impartiality and will leave the door wide open for nepotism, discrimination and deals that lack integrity and transparency,” he said.
Darbal feels desperate about the failure to set up ad hoc committees within the Truth and Dignity Commission entrusted with overseeing the implementation of transitional justice and management of the reconciliation process.
“We were hoping that justice and equity would be implemented, away from the logic of favoritism and nepotism should there be impartial committees assigned to look into accused businessmen’s dossiers,” he explained.
He believes that the state “could restore the people’s rights and oblige embezzlers and fraudulent individuals to return the misappropriated money and prosecute the violators.” He also indicated that there are many flaws in the draft law that renders it untrasparent.
Amendments to the draft law
The reconciliation law is expected to be presented for discussion at a general parliamentary session after including some amendments by the public legislation committee.
Some observers believe that the law will be approved by absolute majority of votes in a parliament dominated by the ruling coalition parties against a small number of opposition voters.
