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Who’s Bad? Constitutional Reforms, Transitional Justice and Institution Building after the Arab Uprising

Africa
Democratisation
Transitional States
Andrej Zwitter
Rijksuniversiteit Groningen
Andrej Zwitter
Rijksuniversiteit Groningen

Abstract

The Arab Uprising (also called the Arab Spring) has resulted in constitutional reforms throughout the MENA region. Prominent examples are Egypt, Tunisia, and Libya. Although the revolutions have ended transitional process of these states from autocracy to democracy has only just started. Thereby, every state faces different challenges on how to come to terms with its historical legacy. Libya for example needs to focus on building institutions, the rule of law and particularly bringing the many stakeholders currently engaged in security related fields under unified control. Egypt is now in the situation of how to implement its newly adopted constitution. And Tunisia is going through a rigorous lustration process of its security services. All these states share, however, the fact that members of the old regime’s party need to be vetted in terms of their fitness to participate in the democratization. Many of these people have irreplaceable skills and experience in running a country. Without many of them the already existent institutions might not be able to function in short- to mid-term perspective. This paper asks the question of how to bridge this dilemma between seeking justice, reforming institutions and ensuring the functioning of the new born democracies.