Recommendations of the workshop The relationship between the traditional judiciary legislation and transitional justice

 

Cairo, 30 January 2014

 

Recommendations of the workshop

"The relationship between the traditional judiciary, legislation and transitional justice"

 

1- Calling upon the political parties with different beliefs and ideology to promote the concept and mechanisms of transitional justice, and take the necessary consensus on the mechanisms and programs of transitional justice as a necessity imposed by the post-crisis, and as a means to overcome past violations and look to the future

2- Urging all civil society organizations, and human rights organizations to undertake their role imposed by the nature of the stage taking place in Egypt at this time, and coordinate efforts on raising awareness of programs and mechanisms of transitional justice, and encouraging the enactment of legislation to establish a commission for "truth and justice in Egypt.

3- Demanding media organizations and civil society organizations to exert and coordinate efforts to create a social environment that accepts the concepts and mechanisms of transitional justice, and raise awareness of the need to build a stronger relationship based on the foundations of law and justice between the citizen and the state and the necessity of complying with the law and demonstrate the risk of the individual revenge that may only end by the existence of programs and mechanisms of transitional justice and practical application.

4- calling upon the President of the Republic to carry out his responsibilities regarding the safe transition for Egyptian society to democracy and the rule of law and human rights through speeding up the issuance of law on the establishment of a commission for "the Transitional Justice", specialized in the disclosure of the facts and conduct fair and speed trials for those involved in the violations of the past, compensation and reparation of victims, perpetuating the memory of the martyrs, ensuring the non-recurrence of the above grave violations of human rights in Egypt, and creating ways of amnesty and national reconciliation, according to the principles of justice and accountability, with the implementation of programs and strategies of institutional and legislative reform.

5- Calling upon the President of the Republic to take the necessary measures to ensure the participation of all components of civil society organizations including political parties, trade unions, and victims of past abuses in programs and mechanisms of transitional justice, and in the formation of a "Commission of Truth and Justice in Egypt."

These recommendations come within the frame work of the ACIJLP's workshop on "The relationship between the traditional judiciary, legislation and transitional justice" which is hold on Wednesday 29^th January with the participation of more than 50 participants including many specialists in the field of legislation and the judiciary, media figures, activists in the field of human rights, as well as specialists in sociology and political sociology and experts in the field of transitional justice. The workshop addressed many of the issues related programs and mechanisms transitional justice, including entrance to the concept and mechanisms of transitional justice, requirements for entry into force of programs and mechanisms of transitional justice in Egypt, the extent of the need for legislation for transitional justice, the features of the draft law on transitional justice, its relevance to the Egyptian situation and its relationship to the traditional judiciary and comment on the draft law on transitional justice which is proposed by the ACIJLP on the president of the Republic, the Ministry of Transitional Justice and the National Council for Human Rights, "and concerned civil society institutions. The workshop also addressed the major debates on the draft law on "the establishment of a commission of truth and justice in Egypt," and its suitability for the Egyptian situation and its relationship to the traditional judiciary.

The Participants emphasized that the best way for the safe transition to democracy and the rule of law and human rights, lies in the need for political will and social acceptance and legislative, judicial measures. In addition to active role of civil society institutions and human rights organizations toward folding the pages of the past, through taking measures to achieve justice and accountability and fairness, and revealing the truth about the events of the past and the motives and circumstances during which gross violations of human rights were committed, and reparations and creating ways for pardon and forgiveness and announcing the relevant facts, so as not to repeat similar acts in the future  and in order to achieve a comprehensive national reconciliation on the basis of justice and equity, according to the programs and mechanisms transitional justice.

 The participants also stressed that the transitional justice does not mean victors' justice, but recognizing the right of society to change and the transition safe to democracy and the rule of law and ensuring human rights that requires the need for political will and awareness among the elite, and the insistence on revealing the truth, accountability and access for reconciliation, in the context of societal acceptance and satisfaction.