Implementing Restorative Reform in Guatemala
In 1996, after over 30 years of internal armed conflict, the Guatemalan government, guerrillas, and civil society representatives signed a series of peace accords to begin the country’s transition to peace. Among the many provisions laid out in the accords were recognition of indigenous customary law and the inclusion of alternative dispute resolution in the justice system. In the area of criminal law, legislation provided for mediation centres and community courts to provide mediation services in all conflicts including minor criminal cases.
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In 2002, the Alternative Dispute Resolution Unit in the Guatemalan Ministry of Justice reported on the progress made in the country. This included the creation of 22 mediation centres and the training of justices of the peace and judges in alternative dispute resolution. The US government has also supported the creation of 13 justice centres which provide coordination among justice services (police, prosecutors, etc), community services such as crime prevention programmes, and links to mediation centres to promote the resolution of conflicts outside the formal justice system. In 2003, further attempts were made to improve access to justice through mediation practices, with legislation empowering the justices of the peace to mediate minor crimes. While these reform initiatives indicate positive changes, the country continues to face growing levels of violent crime, vigilante justice (including an estimated 635 mob lynchings between 1996 and 2000), and prison overcrowding with an estimated 56% of the population held as pre-trial detainees. From January 1 to October 31, 2002, the Guatemalan courts resolved only 12.2% of the criminal cases that it received. At the same time, only 5,860 cases were mediated between1999 and 2002 and the majority of those were civil. According to one lawyer working with the mediation centres, the use of mediation in criminal cases is limited to very minor matters and takes place mainly with the justices of the peace. When formal courts receive cases, mediation is seldom used. He provided three reasons for this under-utilization of mediation: This lack of knowledge and institutional support is compounded by the slow growth of mediation services. The criminal procedures code was changed in 1997 to incorporate the dialogue processes. Implementation started with five pilot mediation centres, three in Guatemala City. Currently, there are twenty-two mediation centres operating in only 9 of the country's 22 Departments. Between 1997 and 2001, the number of justices of the peace increased from 253 to 384, with more equal geographic distribution. The country continues on its path toward more restorative reforms. In 2002, judges and justices of the peace were sent to Argentina and Brazil to learn more about mediation processes. Also, the number of peace courts continue to grow. In 2003, the justice of the peace programme was augmented with in the capital city and the department of Quetzaltenango as a means of providing justice services, including mediation, to more people. ____________________________________________________________________ Resources used.
Justice Studies Center of the Americas. Report of Justice.
Guatemala
Resolución Alternativa de Conflictos en América. World Prison Brief of the International Centre for Prison Studies |
July 2004
