Rethinking Democratisation and Citizenship: Legal Pluralism and Institutional Reform in Guatemala

The December 1996 peace settlement in Guatemala agreed a series of institutional reforms in order to recognise the rights of the country's indigenous peoples; some 23 different ethno‐linguistic groups which make up 60% of the overall population. This article explores the relationship between pluri‐culturalism, citizenship, democracy and law in the contemporary politics of Guatemala. While territorially autonomous regions or separate legal jurisdictions are often proposed as a means to ensure indigenous rights, I argue that within a framework of post‐conflict reconstruction, integration with a measure of autonomy for democratically organised communities is the ideal. This is linked to development of an integrative form of citizenship which combines both social membership and identity and rights. Finally, I argue that support for pro‐active efforts to challenge the legacies of authoritarianism, militarisation and inequality will be necessary in order to strengthen democracy, build a culture of citizenship and increase justice.     

Elections and democratization in Honduras since 1980

Although Central America returned to electoral rule during the 1980s, lack of participation, political violence and militarization meant that democracy remained decidedly limited. This articles outlines the particularities of the transition to constitutional government for the case of Honduras, and examines the role of successive electoral processes on prospects for democratic consolidation, focusing on the relationship between electoral processes and the nature of the party system. It is maintained here that whilst the longevity of the bipartisan system has been an important element of stability, the nature of the two dominant parties (Liberal and National) has hindered the consolidation of a more democratic politics. However, the article also argues that successive elections have been the catalyst for limited modernization of the party system and have increased citizenship confidence in the electoral process, and that this ‐together with a gradual reduction in the influence of the military ‐ has strengthened future prospects for deepening democracy. None the less, the article concludes that unless a new relationship is established between political parties and civil society to ensure a more representative and participatory form of politics, democracy will remain limited in Honduras.     

Book notes

Nicaragua: Self‐Determination and Survival. By Hazel Smith. London and Boulder, CO: Pluto Press, 1993. Pp.321 £40.50 and £14.95. ISBN 07453 0480 X and 0475 3.

Economic Adjustment under the Sandinistas: Policy Reform, Food Security and Livelihood in Nicaragua. By Peter Utting. Geneva: United Nations Research Institute for Social Development, 1991. Pp. v + 113. NP. ISBN 92 9085 004 3.     

Renegotiating ‘law and order’ : judicial reform and citizen responses in post-war Guatemala

This study examines reforms aimed at strengthening the rule of law in Guatemala implemented since the signing of the peace accords in December 1996. Despite nearly US$200 million in foreign aid to the justice sector, impunity remains the rule, the judicial process is subverted by military and criminal networks, citizen confidence in the judicial system remains low and recourse to non-judicial measures – the ‘privatisation of justice’- is on the increase. It is argued that the institutionally-focused approach to rule of law reform currently predominating in donor thinking ignores the historical context within which understandings of ‘law’, ‘justice’ and ‘rights’ are shaped. Institutions do matter, but only by understanding the role of law in long-run processes of state formation and the dynamic, inter-subjective nature of legal interactions can we begin to understand the specificities of socio-legal change.     

‘Paz,progreso, justicia y honradez’: law and citizenship in Alta Verapaz during the regime of Jorge Ubico⋆

Prospects for the ‘rule of law’ in the present are shaped by historical experiences of law by elite and non‐elite groups in the past. In this article I explore changing conceptions and practices of‘rights’and‘justice’as expressed in the legal and administrative encounters between indigenous people and state officials during the regime of Jorge Ubico (1931–1944). The extension of the state's coercive and administrative apparatus to remote rural areas, new legislation and changes in public administration transformed relations between working people, coffee fmqueros and the state in Guatemala. This implied new obligations and exactions for Mayans, but also provided them with new opportunities to contest and negotiate their conditions. Indigenous people strategically engaged with the law to contest the terms of their domination by elite actors and to mediate conflicts between themselves. As state ideologies of‘moral behaviour’led to increasing regulation of the private sphere, this was particularly important in the case of conflicts over gendered rights and obligations. Although formally excluded from the category of citizens, indigenous people used the official language and discourse of citizenship to further their claims, in turn reshaping Guatemalan nation‐state.