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Journal articles on the topic 'Law, guatemala'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Schwartz, Rachel A., and Anita Isaacs. "How Guatemala Defied the Odds." Journal of Democracy 34, no. 4 (October 2023): 21–35. http://dx.doi.org/10.1353/jod.2023.a907685.

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Abstract: Guatemala has experienced sustained democratic backsliding, including the manipulation of the 2023 electoral playing field. Yet, against the odds, Guatemalan citizens defied the ruling regime's electoral authoritarian strategy, voting an anticorruption reformer into power. This article analyzes Guatemala's (anti)democratic trajectory and explains how opposition actors resisted further backsliding during the 2023 electoral process. The authors argue that the Guatemalan regime reflects a "criminal oligarchy," and examine how rule-of-law advances prompted elite backlash that eviscerated democratic institutions. The unexpected 2023 electoral outcome, however, illustrates the possibilities of exploiting fissures in the criminal-oligarchic coalition to arrest authoritarian consolidation.

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2

Godoy-Paiz, Paula. "Women in Guatemala’s Metropolitan Area: Violence, Law, and Social Justice." Studies in Social Justice 2, no. 1 (January 27, 2009): 27–47. http://dx.doi.org/10.26522/ssj.v2i1.966.

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In this article I examine the legal framework for addressing violence against women in post war Guatemala. Since the signing of the Peace Accords in 1996, judicial reform in Guatemala has included the passing of laws in the area of women‘s human rights, aimed at eliminating discrimination and violence against women. These laws constitute a response to and have occurred concurrently to an increase in violent crime against women, particularly in the form of mass rapes and murders. Drawing on fieldwork conducted in Guatemala‘s Metropolitan Area, this paper juxtaposes the laws for addressing violence against women to Guatemalan women‘s complex, multilayered and multi-dimensional life experiences. The latter expose the limitations of strictly legal understandings of the phenomenon of gender-based violence, and highlight the need for broad social justice approaches that take into account the different structures of violence, inequality, and injustice present in women‘s lives.

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3

HANDY, JIM. "Chicken Thieves, Witches, and Judges: Vigilante Justice and Customary Law in Guatemala." Journal of Latin American Studies 36, no. 3 (August 2004): 533–61. http://dx.doi.org/10.1017/s0022216x04007783.

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This article explores the reasons for the spread of vigilante justice (linchamientos) in contemporary Guatemala. It investigates three specific linchamientos and suggests that the roots of such vigilante justice lie in a collapsing peasant economy, insecurity of all sorts, and an unravelling of the social fabric in rural communities through the militarisation of rural Guatemala.The article also argues that linchamientos are caused partly by a conflict over the attempts by the Guatemalan state to impose a certain type of order in rural Guatemala. It discusses the literature on customary law, in Guatemala and in various other locales around the world, and suggests that attempts to impose a state sanctioned legal system without adequate provision for customary law has helped contribute to a perception that the legal system is illegitimate, not just incompetent.

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4

Robinson, Alicia. "Challenges to Justice at Home: The Domestic Prosecution of Efrain Rios Montt." International Criminal Law Review 16, no. 1 (February 5, 2016): 103–33. http://dx.doi.org/10.1163/15718123-01601001.

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In March 2013, at the age of 89, Efraín Ríos Montt became the first former head of state to ever be convicted of genocide by a national tribunal. After prior failed attempts to try him for this crime, his conviction to 80 years in prison was hailed as a victory both in Guatemala and abroad. Just ten days later, Guatemala’s Constitutional Court annulled the verdict and ordered a second trial. Having since been deemed mentally unfit to stand for trial, he will be tried in a closed quarters special proceeding in January 2016, but if found guilty, will not be sentenced. This article explains why Guatemalan national courts tried the case against Ríos Montt, and discusses the historical factors that led to the trial, questioning whether they are replicable in other countries. It argues that the necessary elements for a successful implementation of that conviction were present in Guatemala, but suggests that the political climate was inadequately negotiated in order to prevent the subsequent annulment of the verdict.

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5

Taylor, Matthew J. "Electrifying Rural Guatemala: Central Policy and Rural Reality." Environment and Planning C: Government and Policy 23, no. 2 (April 2005): 173–89. http://dx.doi.org/10.1068/c14r.

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Towards the end of the 20th century Guatemala embarked on an ambitious rural electrification plan: central planners in the Ministry of Energy and Mines hope to connect 90% of homes to the national electricity grid by 2004. Energy for the increased demand comes from floating power plants anchored in Guatemala's Pacific port, a new coal-fired power plant, and numerous small-scale hydroelectric plants. So far, rural electrification, in terms of connected households, has proceeded to plan. However, the success of the rural electrification program belies energy realities and the development needs of rural Guatemala. Data from in-depth interviews and household surveys in Ixcán, Guatemala, show that rural residents prefer other forms of development—like the introduction of potable water, or improved schooling. Electricity, farmers state, only provides rural families with a few hours of light at night because they cannot afford to pay for appliances or for increased consumption of electricity. Fieldwork in rural areas also reveals that the introduction of electricity will not change patterns of firewood consumption; firewood is the basic survival fuel for most rural Guatemalans. Development funds may be better spent on locally run and organized forestry initiatives to ensure reliable sources of firewood for the future.

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Fernández Luiña, Eduardo, Santiago Fernández Ordóñez, and William Hongsong Wang. "The Community Commitment to Sustainability: Forest Protection in Guatemala." Sustainability 14, no. 12 (June 7, 2022): 6953. http://dx.doi.org/10.3390/su14126953.

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This article covers the current research vacuum on how Guatemala partially conducts forest preservation through community concessions. Our paper starts its analysis by synthesizing the private property-rights approach environmentalist theory and the community concession theory. It is argued that the shared common private property as a community arrangement can turn conflicts into potential opportunities for the involved parties to solve the existing environmental problems by win-win games. Based on the above theoretical views, our study extends the scope to the modern and democratic municipals’ forest preservation in Guatemala, as previous research mainly focused on how the Guatemalan traditional indigenous communities have conducted forest preservation. Our empirical results show that the in-force forest concessions in the Maya Biosphere Reserve have achieved the Guatemalan government’s forest conservation target in recent years. However, as the Guatemalan forest concession arrangements are just usufructs and the state still owns forest titles, the current Guatemalan forest concession could reverse the result of the limited, decentralized forest reform. In this regard, we suggest that Guatemala state should privatize all these forests to the concessions’ communities and firms. If the results are positive, we propose the Guatemalan government further apply the decentralization forest policy to the whole country.

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7

Beck, Erin, and Amir Mohamed. "A Body Speaks: State, Media, and Public Responses to Femicide in Guatemala." Laws 10, no. 3 (September 10, 2021): 73. http://dx.doi.org/10.3390/laws10030073.

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In 2008, Guatemala passed the Law against Femicide and Other Forms of Violence against Women, establishing the gender-based killing of women (femicide) as a unique crime. Since then, over 9000 Guatemalan women and girls have died violent deaths. How do Guatemalan institutions and publics react to these women’s murders, and what do these reactions reveal about the impacts of legislative reform for individual victims, Guatemalan society, and criminal justice institutions? To answer these questions, we analyze state, media, and public reactions to three high-profile femicides that took place after the 2008 VAW Law. We trace the criminal justice response and legal developments following each femicide, and couple this with an analysis of newspaper coverage and social media commentary about the case. We find that despite the passage of new legislation and the creation of new institutions, various weaknesses in the Guatemalan criminal justice system undermine the impacts of reforms. These weaknesses in the criminal justice system produce three types of injuries: (1) individual injuries by hurting victims and their families; (2) public injuries by diverting public attention away from reflections about social norms and VAWG; and (3) institutional injuries by reinforcing the public’s distrust of the criminal justice system.

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8

Núñez, Daniel. "Conceptions of shame in Maya law." International Sociology 33, no. 2 (March 2018): 151–60. http://dx.doi.org/10.1177/0268580918757104.

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This essay explores the notions of vergüenza (shame) in two books about Maya law in postwar Guatemala. In contrast to a common view of shame, the essay shows that the books portray vergüenza not only as a negative feeling that people get when they violate the moral order; they also portray it as a positive character trait that all individuals in a community should ‘have’ and can also ‘lose.’ The essay argues that this way of seeing shame allows us to understand better the use of xik’a’y, that is, the practice of publicly lashing wrongdoers advocated by some indigenous communities in Guatemala.

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9

Phillips, J. S. "Legal Struggles of the Indigenous Peoples of Guatemala." Вестник антропологии (Herald of Anthropology), no. 2022 №2 (June 7, 2022): 113–27. http://dx.doi.org/10.33876/2311-0546/2022-2/113-127.

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Guatemala has a population of 17 million residents of which 41% are Maya; 1.77% are Xina people; 18% are of European descent; and 41% are of mixed indigenous and European ancestry. For several centuries the legacy of indigenous peoples in Guatemala has been under siege. There is overwhelming evidence that the indigenous peoples of Guatemala, in their history, have suffered from colonialism, economic imperialism, genocide, crimes against humanity, dispossession of their lands and resources, criminal gangs, and problems related to climate change. The above issues are examined within the framework of international law. International law and organizations could help to rescue their culture which will benefit all of humanity.

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10

Stewart, Christopher, Noel Solomons, Ivan Mendoza, Sandy May, and Glen Maberly. "Salt Iodine Variation within an Extended Guatemalan Community: The Failure of Intuitive Assumptions." Food and Nutrition Bulletin 17, no. 3 (September 1996): 1–4. http://dx.doi.org/10.1177/156482659601700308.

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Guatemalan law mandates an iodine concentration from 30 to 700 parts per million (ppm) in all table salt offered in local commerce. Forty-four specimens of salt were collected in urban and rural sectors of a county on the outskirts of the capital of Guatemala and analysed for their iodine content by an iodate titration method. The concentrations ranged from 1 to 117 ppm, (mean ± SD 26.6 ± 21.7 ppm, median 24 ppm). Salt samples with iodine in both the adequate and the inadequate ranges were found in each of five subjurisdictions (township and four hamlets), and the median concentration was equivalent at all sites, without an urban-to-rural gradient. Similarly, the mandated iodine concentration was no more likely to be found in salt packaged under a brand name with a commercial label than in salt in a plain, unlabelled package. The findings place in relief the continuing difficulties in Guatemala in the effort to provide a universally protective level of iodine in table salt.

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11

Anzueto, Marc-André. "Canadian Human Rights Policy toward Guatemala: The Two Faces of Janus?" Latin American Perspectives 44, no. 5 (June 27, 2017): 74–90. http://dx.doi.org/10.1177/0094582x17713746.

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During Guatemala’s 36-year-long civil war (1960–1996), Canada’s role in response to the conflict diverged from the United States’ realpolitik. In contrast to U.S. policy objectives during the cold war, the Canadian distinctiveness in Guatemala was prevalent in the realm of democracy and human rights policy. The Canadian government and civil society condemned human rights violations in Guatemala, supported the various phases of the peace process, and participated in international efforts to strengthen the rule of law. However, since 2003–2004, the Canadian government has promoted mining investments to the detriment of human rights and its relationship with civil society has deteriorated both at home and in Guatemala. This shift can be linked to a securitization process of human rights within the neoliberal order in Latin America and a change in the identity-based interest of Canadian foreign policy during Prime Minister Stephen Harper’s era (2006–2015). Durante los 36 años de guerra civil en Guatemala (1960-1996), la respuesta canadiense se distinguió de la realpolitik estadunidense. A diferencia de los objetivos políticos estadunidenses durante la Guerra Fría, la presencia canadiense en torno a Guatemala se dio en el ámbito de la democracia y la política de derechos humanos. El gobierno y sociedad civil canadienses condenaron las violaciones de los derechos humanos en Guatemala, apoyaron las distintas fases del proceso de paz y participaron en los esfuerzos internacionales para fortalecer el Estado de derecho. Sin embargo, desde 2003–2004, el gobierno de Canadá ha promovido inversiones mineras en detrimento de los derechos humanos, y su relación con la sociedad civil se ha deteriorado tanto en casa como en Guatemala. Este cambio puede vincularse a un proceso de seguridización de los derechos humanos dentro del orden neoliberal de América Latina y un cambio en la política exterior canadiense, antes basada en la identidad, durante el gobierno de Stephen Harper (2006–2015).

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12

Martin, Claudia, and Susana SáCouto. "Access to Justice for Victims of Conflict-related Sexual Violence." Journal of International Criminal Justice 18, no. 2 (May 1, 2020): 243–70. http://dx.doi.org/10.1093/jicj/mqaa006.

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Abstract Despite persistent impunity for conflict-related sexual violence, there have been a limited number of significant cases holding perpetrators accountable within national justice systems. One of these cases is the Sepur Zarco case, in which two former military members were accused of committing acts of sexual violence, sexual slavery and domestic slavery near a military outpost in Sepur Zarco during the civil war in Guatemala. In a landmark verdict issued in February 2016, a Guatemalan court convicted the two accused, marking the first time a Guatemalan court has convicted former military members for acts of sexual violence committed in the context of the country’s civil war, and the first instance of a domestic court prosecuting sexual slavery as an international crime. In acknowledging that these acts amounted to grave crimes, the Sepur Zarco verdict changed the narrative about sexual violence in Guatemala’s conflict. Up until then — as in other conflicts in the region and beyond — sexual violence had not been recognized as a separate crime, equivalent to other crimes committed during the conflict, for which perpetrators could be held accountable. This chapter will highlight some of the critical developments prior to the case, as well as the legal and political strategies employed in the case, which led to its remarkable success. It will also offer some reflections about the challenges that have emerged since the Sepur Zarco case and the potential lessons learned for pending and future litigation of similar cases in the region.

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13

Wertheimer, John W. "Popular Culture, Violence, and Religion in Gloria's Story." Law and History Review 24, no. 2 (2006): 447–54. http://dx.doi.org/10.1017/s0738248000003400.

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One of the most vexing challenges accompanying any attempt to reconstruct the legal history of the family is deciding how much interpretive weight to assign to social factors as opposed to legal factors. “Gloria's Story” is loaded with social history, in part because it focuses on a small group of decidedly non-elite characters. It discusses non-legal matters as big as the impact of wealth concentration on the Guatemalan family and as small as the social significance of home births, as opposed to hospital births, in Quetzaltenango during the 1960s. Nonetheless, the most important factors driving the analysis are legal, not social. The article's central argument—that “modernizing” legal reforms adopted in Guatemala since the mid-nineteenth century have fortified, not weakened, adulterous concubinage—emphasizes the effects of legal change.

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14

Sieder, R. "The judiciary and indigenous rights in Guatemala." International Journal of Constitutional Law 5, no. 2 (April 1, 2007): 211–41. http://dx.doi.org/10.1093/icon/mom007.

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15

Piccato, Pablo. "The Hidden Story—Violence and the Law in Guatemala." Law and History Review 24, no. 2 (2006): 433–39. http://dx.doi.org/10.1017/s0738248000003382.

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Like all good historical research, “Gloria's story” raises more questions than it can answer. My reaction to the article, which I initially shared with the author as an anonymous reviewer forLaw and History Review, assumes that this incompleteness is a welcome aspect of the historian's trade, rather than a gap that we should cover with theorization or redundant evidence. Yet the narrative structure of case studies like this makes it necessary to probe what is left outside the story, however unpleasant it might be. In these comments I will try to do that by inserting this fascinating case into a historical reflection about the relationship between violence and the law, an aspect of Guatemalan history that “Gloria's Story” reluctantly illustrates.

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16

Hastings, Julie A. "Silencing State-Sponsored Rape in and beyond a Transnational Guatemalan Community." Violence Against Women 8, no. 10 (October 2002): 1153–81. http://dx.doi.org/10.1177/107780120200801002.

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Although rape by soldiers occurred frequently during the recent civil war in Guatemala, rape survivors’ own accounts have been excluded from public testimonials of state violence. It is commonly assumed that cultural ideologies that blame and stigmatize rape victims are responsible for the underreporting of rape in war. Based on ethnographic research in a transnational Guatemalan community, this article challenges the claim that local culture silences survivors of state-sponsored rape. Rather, it demonstrates the ways national and international forces collude in the depoliticization of rape and the silencing of rape survivors.

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17

Berenter, Jared, Isaac Morrison, and Julie M. Mueller. "Valuing User Preferences for Geospatial Fire Monitoring in Guatemala." Sustainability 13, no. 21 (November 1, 2021): 12077. http://dx.doi.org/10.3390/su132112077.

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Like many landscapes across Central America, forests in Guatemala’s Maya Biosphere Reserve (MBR) are increasingly susceptible to forest fire, with most forest fires resulting from untended agricultural fires. Fire damage poses significant risk to the MBR’s natural resources and cultural heritage, but budget challenges limit the capacity of national, regional, and local institutions to effectively detect, monitor, and control forest fires. The Geospatial Information System for Fire Management (SIGMA-I) is a United States government-subsidized suite of geospatial fire management tools that are widely disseminated, free of charge, to land managers and other users in Guatemala for on-the-ground fire prevention and response. Provision of SIGMA-I geospatial data and tools such as daily thermal “hotspot” maps provide positive benefits for sustainable fire management. However, little research exists supporting the nonmarket monetary value of geospatial fire monitoring tools and their component features. We used a choice experiment to estimate land managers’ willingness to pay for individual attributes of SIGMA-I hotspot mapping in Guatemala. We found quantitative evidence of positive willingness to pay for geospatial data, demonstrating positive nonmarket value of geospatial data for sustainable fire management in developing countries and regions where agricultural fires are common. Our results indicate strong preferences from Guatemala’s forest fire management community for improving the frequency of hotspot reporting and reducing detection of erroneous hotspots. As the availability of geospatial data increases, use of tools like SIGMA-I has the potential to significantly improve fire management, especially in regions where funding and resources for fire management are scarce. Our results support continued multinational funding for tools like SIGMA-I for forest fire management in Guatemala and other developing countries.

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18

Handy, Jim. "National Policy, Agrarian Reform, and the Corporate Community during the Guatemalan Revolution, 1944–1954." Comparative Studies in Society and History 30, no. 4 (October 1988): 698–724. http://dx.doi.org/10.1017/s0010417500015498.

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The ‘revolution’ from 1944 to 1954 prompted important changes in rural communities in Guatemala. The extension of many government services to rural areas for the first time, the involvement of political parties in village politics, and the growth of a rural labour federation all altered the political, economic, and social organization of rural Guatemala irrevocably. Changes became even more dramatic and more significant after 1950 with the growth of a national peasant league and the passage of a comprehensive agrarian reform law in 1952. Despite its importance, the changes that came to rural Guatemala with the revolution are not well understood and the shape of the‘revolution in the countryside’continues to be debated.

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19

Pallister, Kevin. "Guatemala: The Fight for Accountability and the Rule of Law." Revista de ciencia política (Santiago) 37, no. 2 (2017): 471–92. http://dx.doi.org/10.4067/s0718-090x2017000200471.

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20

Thomas, Kedron. "Intellectual Property Law and the Ethics of Imitation in Guatemala." Anthropological Quarterly 85, no. 3 (2012): 785–815. http://dx.doi.org/10.1353/anq.2012.0052.

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21

Morales-Mérida, B. Alejandra, Alejandra Morales-Cabrera, Carlos Chúa, and Marc Girondot. "Olive Ridley Sea Turtle Incubation in Natural Conditions Is Possible on Guatemalan Beaches." Sustainability 15, no. 19 (September 26, 2023): 14196. http://dx.doi.org/10.3390/su151914196.

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The Guatemalan strategy for sea turtle conservation was defined by the National Council of Protected Areas (CONAP) in 1989. Hatcheries lie at the core of this strategy: egg collectors are allowed to deliver 20% of a nest to a hatchery in exchange for selling or eating the remaining eggs. Consequently, nearly 100% of nests are collected, with no nests being left on the beaches. Hatchery design promotes shading using roofs made from vegetation. The logic behind this recommendation is that the natural incubation of eggs is supposedly impossible due to the overly high temperatures on the beach. However, changing the incubation temperature of sea turtle eggs can profoundly alter the sex ratio in sea turtles with temperature-dependent sex determination. It can also modify the physiology or behavior of juvenile turtles. Here, we test whether incubation in natural conditions is possible on Guatemalan beaches, and for the first time, we determine the thermal reaction norm of embryo growth to ensure hatching success in sea turtles. We show that incubation in natural conditions is possible since three out of the four monitored nests produced hatchlings. We urge the Guatemala National Council of Protected Areas to reevaluate its strategy for sea turtle conservation in Guatemala in light of these results.

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22

Ekern, Stener. "Between relations and rights: writing constitutions in Mayan Guatemala." Journal of Legal Pluralism and Unofficial Law 50, no. 2 (March 2018): 167–87. http://dx.doi.org/10.1080/07329113.2018.1434724.

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23

Gleijeses, Piero. "Juan José Arévalo and the Caribbean Legion." Journal of Latin American Studies 21, no. 1-2 (June 1989): 133–45. http://dx.doi.org/10.1017/s0022216x00014450.

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On 15 March 1945 Juan José Arévalo became president of Guatemala. His inauguration marked the beginning of an unprecedented democratic parenthesis – ‘spring in the land of eternal tyranny ’1 – a spring that ended abruptly with the overthrow of Jacobo Arbenz in 1954.Arévalo was an anti-communist, a nationalist, and a reformer. He was an anti-communist who believed that individual communists should not be persecuted unless they violated the law. He was a nationalist who accepted that Guatemala was in the US sphere of influence. He was a reformer who eschewed radical change.

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24

Saffa, Sarah N. "“She Was What They Call a ‘Pepe’”: Kinship Practice and Incest Codes in Late Colonial Guatemala." Journal of Family History 44, no. 2 (December 19, 2018): 181–99. http://dx.doi.org/10.1177/0363199018818617.

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Incest taboos have long been intriguing to anthropologists because they are apparently common to all human societies. The definition of incest in the Spanish American colonies was codified in law, but not all residents abided by such regulations. This article focuses on incestuous crime in late colonial Guatemala, a region that is underrepresented in incest literature. It shows how preoccupations with incest problematized aspects of kinship practice and discusses the ways colonial actors took advantage of kinship and incest during various crises in their lives. Overall, it demonstrates the power of incest codes to shape human interactions in colonial Guatemala.

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25

Gulden, Timothy R. "Spatial and temporal patterns in civil violence: Guatemala, 1977–1986." Politics and the Life Sciences 21, no. 1 (March 2002): 26–36. http://dx.doi.org/10.1017/s0730938400005736.

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Civil violence is a complex and often horrific phenomenon whose characteristics have varied by era, setting, and circumstance. Its objective analysis has rarely been feasible at spatial and temporal scales great enough and resolutions fine enough to reveal patterns useful in prevention, intervention, or adjudication. An extraordinary data set simultaneously meeting scale and resolution criteria was collected during conflict in Guatemala from 1977 through 1986. Reported here is its spatial-temporal analysis; reported as well is a putatively novel method for estimating power-law exponents from aggregate data. Analysis showed that the relationship between ethnic mix and killing was smooth yet highly nonlinear, that the temporal texture of killings was rough, and that the distribution of killing-event sizes was dichotomous, with nongenocidal and genocidal conflict periods displaying Zipf and non-Zipf distributions, respectively. These results add statistical support to claims that the Guatemalan military operated under at least two directives with respect to killing and that one of these effected a genocidal campaign against an indigenous people, the Mayans. Implications for group-behavioral modeling, conflict prevention, peace-keeping intervention, human-rights monitoring, and transitional justice are noted.

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26

Sieder, Rachel. "Contested sovereignties: Indigenous law, violence and state effects in postwar Guatemala." Critique of Anthropology 31, no. 3 (September 2011): 161–84. http://dx.doi.org/10.1177/0308275x11409729.

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27

Wertheimer, John W. "Gloria's Story: Adulterous Concubinage and the Law in Twentieth-Century Guatemala." Law and History Review 24, no. 2 (2006): 375–421. http://dx.doi.org/10.1017/s0738248000003369.

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Gloria Peralta and Julio Díaz (not their real names) started living together, sort of, early in 1963, in Quetzaltenango, Guatemala. She was single. He was married to another woman. He was thirty-six. She was fourteen. In Gloria's words, she and Julio “lived together maritally” for several years and produced two children. But Julio neither divorced nor left his wife. Instead, he split time between the household containing his wife and three children and the one containing his concubine (Gloria) and two children.

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28

Thomas, Kedron. "Corporations and Community in Highland Guatemala." PoLAR: Political and Legal Anthropology Review 37, no. 2 (October 23, 2014): 231–45. http://dx.doi.org/10.1111/plar.12072.

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29

Mirow, M. C. "Gloria's Story and Guatemala's Faith: Adulterous Concubinage, Law, and Religion." Law and History Review 24, no. 2 (2006): 441–46. http://dx.doi.org/10.1017/s0738248000003394.

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John Wertheimer, the author of “Gloria's Story,” has produced a complex and absorbing text that skillfully guides the reader through the microhistory of Gloria's concubinage to an enhanced appreciation of the greater legal, social, and institutional forces at play in mid-twentieth century Guatemala. Using Gloria's story to shift into more general observations about law and society in Guatemala, Wertheimer states that laws can “affect behavior by establishing incentives and disincentives for different types of action and by reinforcing or undermining different values.” Wertheimer reads the legal records involving Gloria and her family to write her story from the dominant critical perspective of gender and class. He notes the way in which class distinctions played into the creation and maintenance of concubinages and the manner in which gender stereotypes bolstered such institutions. It is all exacting yet comfortable stuff for us to read. “Yes, yes, of course, exactly” we nod as we read of the individual and institutional gendered oppression meted out on Gloria and her children by Julio and the state. Nonetheless, Wertheimer's analysis delves deeper: Gloria may have gained in status and stability through her concubinage, and liberal reforms such as decriminalizing adultery and casting out distinctions between legitimate and illegitimate children may have had the unintended consequence of strengthening the institution of adulterous concubinage.

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30

Way, J. T. "Guatemala City in the Age of Neoliberalism." Human Rights Review 15, no. 1 (February 12, 2014): 97–102. http://dx.doi.org/10.1007/s12142-014-0307-5.

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31

Alda, Erik. "How are police doing in combating crime? An exploratory study of efficiency analysis of the Policía Nacional Civil in Guatemala." Policing: An International Journal of Police Strategies & Management 37, no. 1 (March 11, 2014): 87–107. http://dx.doi.org/10.1108/pijpsm-02-2013-0010.

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Purpose – In almost all modern societies, police forces are at the forefront of ongoing activities to reduce and prevent crime. Both in practice and in popular belief, police forces are the visible presence for maintaining security and safety to citizens in municipalities, towns and cities, and from cities to local neighborhoods. This paper aims to investigate how efficiently the police in Guatemala are in combating crime using data envelopment analysis (DEA). Design/methodology/approach – The study used DEA to measure the efficiency of police stations in fighting crime in Guatemala based on their inputs and outputs. Findings – The analyses showed that only four out of 22 police departments were considered efficient. The average efficiency score for the 22 police departments was 62 percent. Research limitations/implications – Data on crime and police are limited in Guatemala. Further research using DEA would be particularly relevant if the methodology included: a wider range of inputs/outputs, longer panel data, and more precise estimates of the effect of contextual variables. The findings of the study can inform police managers and policymakers to allocate security resources more efficiently. Practical implications – Given the low levels of inefficiency of police departments in Guatemala, police management would have to ensure that clearance rates increase significantly by either increasing the human resource capacity of the police departments according to the needs so that clearance rates can be improved and be more effective and efficient in combating crime. Originality/value – This is the first in depth study of police efficiency in Central America. In an increasingly resource strapped environment employing DEA might be a useful tool to improve human and financial resource allocation.

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Fulmer, Amanda M., Angelina Snodgrass Godoy, and Philip Neff. "Indigenous Rights, Resistance, and the Law: Lessons from a Guatemalan Mine." Latin American Politics and Society 50, no. 4 (2008): 91–121. http://dx.doi.org/10.1111/j.1548-2456.2008.00031.x.

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AbstractUsing a case study of a controversial mine in an indigenous area of Guatemala, this article explores the transnational dynamics of development and regulation of large-scale extractive industry projects in the developing world. It examines the roles played in the Marlin mine dispute by national law, international law, international financial institutions, and corporate social responsibility. It concludes that these legal regimes have a role in protecting human rights but have not addressed the fundamental questions of democratic governance raised by this case.

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Galemba, Rebecca, Katie Dingeman, Kaelyn DeVries, and Yvette Servin. "Paradoxes of Protection: Compassionate Repression at the Mexico–Guatemala Border." Journal on Migration and Human Security 7, no. 3 (July 29, 2019): 62–78. http://dx.doi.org/10.1177/2331502419862239.

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Executive Summary Anti-immigrant rhetoric and constricting avenues for asylum in the United States, amid continuing high rates of poverty, environmental crisis, and violence in Guatemala, Honduras, and El Salvador, have led many migrants from these countries to remain in Mexico. Yet despite opportunities for humanitarian relief in Mexico, since the early 2000s the Mexican government, under growing pressure from the United States, has pursued enforcement-first initiatives to stem northward migration from Central America. In July 2014, Mexico introduced the Southern Border Program (SBP) with support from the United States. The SBP dramatically expanded Mexico’s immigration enforcement efforts, especially in its southern border states, leading to rising deportations. Far from reducing migration or migrant smuggling, these policies have trapped migrants for longer in Mexico, made them increasingly susceptible to crimes by a wide range of state and nonstate actors, and exacerbated risk along the entire migrant trail. In recognition of rising crimes against migrants and heeding calls from civil society to protect migrant rights, Mexico’s 2011 revision to its Migration Law expanded legal avenues for granting humanitarian protection to migrants who are victims of crimes in Mexico, including the provision of a one-year humanitarian visa so that migrants can collaborate with the prosecutor’s office in the investigation of crimes committed against them. The new humanitarian visa laws were a significant achievement and represent a victory by civil society keen on protecting migrants as they travel through Mexico. The wider atmosphere of impunity, however, alongside the Mexican government’s prioritization of detaining and deporting migrants, facilitates abuses, obscures transparent accounting of crimes, and limits access to justice. In practice, the laws are not achieving their intended outcomes. They also fail to recognize how Mexico’s securitized migration policies subject migrants to risk throughout their journeys, including at border checkpoints between Guatemala and Honduras, along critical transit corridors in Guatemala, and on the Guatemalan side of Mexico’s southern border. In this article, we examine a novel set of data from migrant shelters — 16 qualitative interviews with migrants and nine with staff and advocates in the Mexico–Guatemala border region, as well as 118 complaints of abuses committed along migrants’ journeys — informally filed by migrants at a shelter on the Guatemalan side of the border, and an additional eight complaints filed at a shelter on the Mexican side of the border. We document and analyze the nature, location, and perpetrators of these alleged abuses, using a framework of “compassionate repression” (Fassin 2012) to examine the obstacles that migrants encounter in denouncing abuses and seeking protection. We contend that while humanitarian visas can provide necessary protection for abuses committed in Mexico, they are limited by their temporary nature, by being nested within a migration system that prioritizes migrant removal, and because they recognize only crimes that occur in Mexico. The paradox between humanitarian concerns and repressive migration governance in a context of high impunity shapes institutional and practical obstacles to reporting crimes, receiving visas, and accessing justice. In this context, a variety of actors recognize that they can exploit and profit from migrants’ lack of mobility, legal vulnerability, and uncertain access to protection, leading to a commodification of access to humanitarian protection along the route.

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Lea, Yishan. "The Agricultural Deities of Q ’Eqchi’ Mayas, Tzuultaq’as: Agricultural Rituals as Historical Obligation and Avatar of the Cultural Reservoir in Rural Lanquín , Alta Verapaz, Guatemala." Journal of Ethnology and Folkloristics 12, no. 2 (December 1, 2018): 49–63. http://dx.doi.org/10.2478/jef-2018-0010.

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Abstract This study, based on fieldwork in rural Lanquín, Guatemala, discusses cultural continuity and the sense of historicity through agricultural rituals and worship of the agricultural deity Tzuultaq’as. The place, Lanquín, and the Q’eqchi’ Maya peasant farmers are situated within a two-fold tension and contradiction. Geographically remote in relation to the economic centers in Guatemala, and marginal in infrastructural development, while their cash crop harvests never fail to be effected by the fluctuations of the global market. From the eclectic stance merging both theories of cultural essentialism and constructivism, by juxtaposing the emblematic event of the anti-Monsanto Law movement in 2014 in Guatemala, and by the calendrical cycles of ritual events, routines, and ceremonials in rural Lanquín, the subsistence practices of milpa (corn field) cultivation emerge as a central theme for cultural survival and continuity. The aggregated clusters of ritual processions and the system of symbolism used manifest the Q’eqchi’ peasant thought and practice of sustainability and conservancy in their construction of a modern cultural identity that maintains congruency with the cultural essence of a nativist identity.

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Kirkpatrick, Michael D. "Regulating style: intellectual property law and the business of fashion in Guatemala." Canadian Journal of Latin American and Caribbean Studies / Revue canadienne des études latino-américaines et caraïbes 44, no. 1 (December 4, 2018): 134–35. http://dx.doi.org/10.1080/08263663.2019.1549385.

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Tomei, Julia. "The sustainability of sugarcane-ethanol systems in Guatemala: Land, labour and law." Biomass and Bioenergy 82 (November 2015): 94–100. http://dx.doi.org/10.1016/j.biombioe.2015.05.018.

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Goldín, Liliana, and Courtney Dowdall. "Inequality of rights: Rural industrial workers' access to the law in Guatemala." Economic Anthropology 2, no. 2 (June 2015): 278–94. http://dx.doi.org/10.1002/sea2.12031.

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Ekern, Stener. "Visions of the Right Order: Contrasts between Mayan Communitarian Law in Guatemala and International Human Rights Law." Human Rights in Development Online 9, no. 1 (2003): 265–91. http://dx.doi.org/10.1163/22116087-90000010.

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Nyberg, Tove. "INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA: A NON-TRADITIONAL TRANSITIONAL JUSTICE EFFORT." Revue québécoise de droit international 28, no. 1 (2015): 157. http://dx.doi.org/10.7202/1067897ar.

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Isaacs, A. "At War with the Past? The Politics of Truth Seeking in Guatemala." International Journal of Transitional Justice 4, no. 2 (May 28, 2010): 251–74. http://dx.doi.org/10.1093/ijtj/ijq005.

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Weisbart, Caren. "Diplomacy at a Canadian Mine Site in Guatemala." Critical Criminology 26, no. 4 (October 9, 2018): 473–89. http://dx.doi.org/10.1007/s10612-018-9422-y.

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Schirmer, Jennifer. "Buried secrets. Truth and human rights in Guatemala." Human Rights Review 6, no. 1 (October 2004): 121–22. http://dx.doi.org/10.1007/s12142-004-1042-0.

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Duffy, Lynne. "Viewing Gendered Violence in Guatemala Through Photovoice." Violence Against Women 24, no. 4 (June 6, 2017): 421–51. http://dx.doi.org/10.1177/1077801217708058.

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This research examined rural and urban women’s experiences of gender-based violence in Chimaltenango, Guatemala. Photovoice methodology was used to describe and analyze local realities and vulnerabilities, and ethnographic techniques added cultural and contextual factors. While the initial focus was on intimate partner violence, results showed that violence for women exists from childhood to senior years. Participants noted gaps in services and participated in a public strategy workshop to address these. Challenges and opportunities are presented around the enduring and complex global crisis of gendered violence. Photovoice is a powerful method for organizations to better understand and respond to local issues.

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Lopez, David, and Alan LeBaron. "Pastoral Maya and the Maya Project: Building Maya Civil Society in the U.S." Practicing Anthropology 34, no. 1 (January 1, 2012): 13–16. http://dx.doi.org/10.17730/praa.34.1.3x6887835m47446t.

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Guatemalan Maya living in the United States as refugees, migrants, or immigrants without official documents do not entirely escape the troubles they previously faced in Guatemala, such as political and social disadvantages, language barriers, and maintaining identity; moreover additional problems result from the complexities of coping with the US immigration system and the likelihood of incarceration and deportation. This situation becomes more ambiguous with the mixed reception they receive from the United States, where some segments of law and society constantly strive to make survival improbable, and other segments such as churches, employers, and human rights organizations strive to protect. Among the multitude of organizations created within this contentious field of "pro" and "anti" is Pastoral Maya, best described as a "self-help" organization for Maya immigrants; and the Maya Heritage Community Project (the Maya Project) at Kennesaw State University. These two organizations have distinct but overlapping goals and methods designed to defend Maya fundamental human rights to life, security, and well-being. Of course, achieving such lofty goals has been problematic, and with anti-immigration laws and high unemployment of recent years many people have had hopes for the future dashed. But positive signs for the Maya exist, for an increasingly sophisticated Maya leadership has emerged with experience and with the security of having obtained documents of residence. These leaders hope to take advantage of their relatively safe space in the United States to promote a force for change that will lift up the Maya in the United States and in Guatemala. The Pastoral Maya organization has developed a particularly strong leadership that strives for these goals.

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Kravetz, Daniela. "Accountability for Sexual and Gender-based Violence During Mass Repression and in Conflict." Journal of International Criminal Justice 18, no. 2 (May 1, 2020): 307–24. http://dx.doi.org/10.1093/jicj/mqaa025.

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Abstract This article examines how national courts in Argentina and Guatemala are applying the international criminal law framework to address sexual violence perpetrated during mass repression and in conflict. It focuses on the emerging domestic jurisprudence in both countries and explores the challenges to prosecuting sexual and gender-based violence at the domestic level and the lessons learned from these experiences.

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Roht-Arriaza, Naomi. "Guatemala Genocide Case. Judgment No. STC 237/2005." American Journal of International Law 100, no. 1 (January 2006): 207–13. http://dx.doi.org/10.2307/3518840.

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Sanford, Victoria. "The ‘grey zone’ of justice: NGOs and rule of law in postwar guatemala." Journal of Human Rights 2, no. 3 (September 2003): 393–405. http://dx.doi.org/10.1080/1475483032000133051.

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Sieder, Rachel. "‘Emancipation’ or ‘regulation’? Law, globalization and indigenous peoples’ rights in post-war Guatemala." Economy and Society 40, no. 2 (May 2011): 239–65. http://dx.doi.org/10.1080/03085147.2011.548952.

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Zimmermann, Lisbeth. "Beyond diffusion: cyclical translation of international rule-of-law commission models in Guatemala." Journal of International Relations and Development 22, no. 1 (June 19, 2017): 28–49. http://dx.doi.org/10.1057/s41268-017-0096-y.

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Aragón, Jorge Alberto Orellana, and Vívian dos Santos Queiroz. "The Zipf's law and the effects of free trade: The case of Guatemala." EconomiA 15, no. 1 (January 2014): 82–99. http://dx.doi.org/10.1016/j.econ.2014.03.007.

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