Implementation of Reparative Measures: Guatemala
The Foundation for Peace and Harmony was never created according to the recommended
procedure in the CEH. Instead, President Portillo bypassed the legislative approval process in
2001 to announce the establishment of the Commission for Peace and Harmony, as an executive
body. 234 Its purpose and responsibilities were supposedly the same as that of the proposed
Foundation for Peace and Harmony, except for an essential element. This “commission” was an
executive-created body, rather than legislative-created one, which meant that the Congress had
no power to check or monitor this new commission’s progress or efficacy. 235 With no budgetary
provision provided it and a weakened mandate compared to that originally proposed for the
recommendations follow-up body in the CEH, the Commission for Peace and Harmony has
functionally remained an empty commission that exists in name only. Former truth
commissioner, Alfredo Ballsels has dismissed the commission as “a meaningless appendix to the
already penniless Peace Secretariat.” 236 Nearly all human rights organizations have also rejected
this commission’s creation. Its existence perpetuates the government’s façade as one that cares
about the CEH and reconciliation. As long as this false commission remains nominally in place,
its mere existence will preclude a truly effective commission from being created for the
implementation of the CEH recommendations towards reconciliation.
During his presidency, Portillo did fulfill the symbolic recommendation for reconciliation
that specified creating a national holiday for remembrance of the victims. It is called the ‘Day of
Dignity for victims.’ 237 This measure for national reconciliation presents virtually no political
risk; it does not involve the president or politicians having to confess their own partial or
substantial fault for the fact that there are so many victims.
Portillo also sought and accepted pardon for the Guatemalan State regarding the conflict’s
human rights violations for which is was directly or indirectly responsible.
238
However, the
87manner in which this “apology” sought forgiveness from the victimized and immediately
assumed it, before they had a say in this process, demonstrates disingenuous motives. Thus, it is
clearly a political move, part of the “forgive and forget” approach that lets politicians write off
real, painful, complicated, but necessary truth-exposing, victim remembrance, and justice
initiatives.
To this day there has been no move whatsoever on the establishment of a reparations
program for the victims and victims’ families. During the last several years, a National Congress
led by former dictator Rios Montt has ensured that the legislature would not propose any such
financial fund or social program. The government claims that there is no money for a
reparations program, yet it lets the rich elite enjoy their extremely low income tax rate of seven
percent or less per year.
Luckily there seems to be some progress in the governments’ direct, complementary
involvement in the nation-wide campaign to exhume the remains of conflict victims from
clandestine graves. Guatemala has three principal NGOs that conduct exhumations and the
government has begun to develop its own forensic team to act in support of the NGOs’ work.
This step is a favorable sign, provided that the government-sponsored team remains independent
of party interests and focused on victims’ social, psychological, and legal needs. 239