Transitional Justice without the Transitional State: Actoras de Cambio in Post-War Guatemala

Transitional justice aims to address the aftermath of gross human rights violations and facilitate societal healing and recovery. Traditionally, transitional justice mechanisms have been state-centric, relying on the capacity and will of states for their implementation. In fragile states—characterised by weak authority, capacity, and legitimacy—this approach often leads to an "implementation gap," where policies are designed but not enacted. This study explores the extent to which civil society can fill this gap. Focusing on Actoras de Cambio, a civil society organisation in post-war Guatemala, this research examines how civil society operates within this state-centric framework, evaluating its ability to fulfil the five pillars of transitional justice: truth-seeking, justice, reparation, memorialisation, and guarantees of non-recurrence. The findings suggest that civil society can effectively address truth-seeking, memorialisation, and psycho-social reparation, but faces...Show moreTransitional justice aims to address the aftermath of gross human rights violations and facilitate societal healing and recovery. Traditionally, transitional justice mechanisms have been state-centric, relying on the capacity and will of states for their implementation. In fragile states—characterised by weak authority, capacity, and legitimacy—this approach often leads to an "implementation gap," where policies are designed but not enacted. This study explores the extent to which civil society can fill this gap. Focusing on Actoras de Cambio, a civil society organisation in post-war Guatemala, this research examines how civil society operates within this state-centric framework, evaluating its ability to fulfil the five pillars of transitional justice: truth-seeking, justice, reparation, memorialisation, and guarantees of non-recurrence. The findings suggest that civil society can effectively address truth-seeking, memorialisation, and psycho-social reparation, but faces limitations in delivering justice and guarantees of non-recurrence, areas requiring broader legal and structural reforms. These results underscore the importance of a synergistic approach between the state and civil society in transitional justice processes, particularly in fragile states. This research advocates for a more inclusive and holistic transitional justice framework, recognising the critical role of civil society in fragile states and informing more tailored international responses to mass atrocities.Show less

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Transitional Justice without the Transitional State: Actoras de Cambio in Post-War Guatemala