Law and Democracy in Latin America

«Transitional Justice

Seils Study Questions

  1. Some background facts: how widespread were the human rights violations in Guatemala? How long did the fighting last?
  2. What is the position of Guatamala's military during the transition to democracy?
    1. Is it more like Chile's, Argentina's or Bolivia's?
    2. How strong was the military's position, relative to the civilian government, (a) at and after the transition to electoral democracy and (b) at the time of the peace agreement?
  3. What approach did Guatemala take to seeking accountability for past violations?
  4. Do you think this approach is more or less likely to produce "national reconciliation" than a judicial approach?
  5. Identify the main obstacles (political, institutional) to a full accounting for those violations.
  6. What is the outcome of the process in terms of:
    1. Justice (understood primarily as punishing violators)
    2. Truth (generating and disseminating information)
    3. Reparations (have victims or their relatives been compensated?)
    4. Purging the security forces of the worst offenders