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Naomi Roht-Arriaza

Guatemala would seem to be the poster child for transitional justice. After the peace process itself and the resulting accords came the creation of not one but two truth commissions, a program of reparations and prosecutions for crimes arising from the period of internal armed conflict, including for forced disappearances, massacres and genocide. Guatemala was the first country to put its own former head of state, José Efrain R'os Montt, on trial for genocide, and the first to try crimes of wartime sexual slavery in its own courts. The last decades have also featured attempts at institutional reform, including changes in the judiciary and security forces, and constitutional and governance reform. This chapter describes and evaluates those efforts and the lessons they provide regarding the possibilities, pitfalls and limits to transitional justice. Guatemala; truth-seeking; reparations; prosecutions; guarantees of non-repetition

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Naomi Roht-Arriaza

The current and emerging international architecture to mitigate and adapt to climate change has significant implications for the enjoyment of human rights. This article considers these implications, looking at a number of problematic areas where the climate change regime may cause human rights violations. These include some projects under the Clean Development Mechanism, including large hydropower and biomass projects. Use of biofuels, choices on energy and adaptation, and avoided deforestation (known as REDD) can also create human rights problems for local communities, especially indigenous peoples and rural residents. The article then considers ways to avoid creating new human rights violations as we pursue climate mitigation and adaptation, including linking the climate change and human rights regimes, the use of private standards, and creating an expert mechanism within the UN Framework Convention on Climate Change.

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Naomi Roht-Arriaza and Menaka Fernando