Restricted Access.: Promises and Pitfalls of Victim Participation in Transitional Justice Mechanisms.

Abstract

This study compares victim participation in unfolding transitional justice (TJ) processes in six countries: Guatemala, Cambodia, Tunisia, Burundi, Honduras and Kenya. The findings from the country studies show that real-life experiences of victim participation in TJ mechanisms lag far behind the promises of the ‘mantra’ of victim participation. Though benefits from participation certainly exist, negative consequences of participation for victims are also common. Impunity has a strong detrimental effect on victim participation, as it grants perpetrators room for manoeuvre, which inevitably undermines the political position of victims. Channels of participation offered to victims by official TJ bodies are often overly controlled or regulated and tend to reduce the role of victims to passive recipients of services and benefits. Conversely, when victims take action themselves outside of formal TJ mechanisms, they operate like real political forces that have the capacity to significantly influence the process. While additional research is still required in the area of informal participation and its relationship to formal institutions, this study could identify two salient trends. On the one hand, nothing seems to be more empowering for victims than their ability to organise and advocate for their rights as fully autonomous political actors. On the other hand, the stronger victims’ activism and informal participation is, the more effective and meaningful their participation in official TJ processes.