Report on Citizenship Law: Guatemala
economic elite, as well as with foreign merchants. This achievement would be
expressed in the issuance, at last, of a constitutional text in 1851 called the
Constitutive Act. In this text Guatemalans were defined as a) all those born in the
Republic, b) those who were in Guatemala at the time of independence, c) those born
abroad to Guatemalan parents, d) the natives of other Central American States settled
in the country and e) naturalised foreigners. In the case of the latter, they could be
considered naturalised if they accepted the official appointment as such. For its part,
the Constitutive Act established as citizens “Guatemalans who have a profession,
trade or property that provides them with means to subsist independently” 9. Although
it is true that the constitutional text was quite general, new criteria excluding
indigenous populations were established in secondary laws, as happened in November
185110. Other criteria for the loss of citizenship status were to take arms against the
authorities, or for a sentence of corporal punishment. It could also be suspended in the
case of a criminal process, for fraudulent debts, “notoriously flawed” behaviour and
for judicial interdiction. This constitutional regulation was in force until 1871, when
the coffee-growing liberals of Los Altos reached power.
The political changes that took place after 1871 built the political bases of the
Modern State in Guatemala because, despite some modifications, the Constitution
issued in 1879 was in force until 1944. This marked an almost seventy year period in
which the landscape was transformed in order to cultivate coffee, a fact that was at the
centre of considerations regarding citizenship, as will be discussed later. The
Constitution divided Guatemalans into the natural and the naturalised. The first were
people born in the country regardless of the father’s nationality (except in the case of
diplomats); “the children of a Guatemalan father or the illegitimate children of a
Guatemalan mother, born abroad from the moment they reside in the republic, and
even without this condition, when, according to the laws of the country of birth, they
have the right to choose their nationality and opt for the Guatemalan”. Those who
came from Central America and lived in the country were also seen as natural11. On
the other hand, “Hispanic Americans” who had their residence in the country were
considered naturalised Guatemalans, as long as they did not retain their nationality of
origin, and those foreigners who had or obtained the nature card and, finally,
foreigners who accepted an official position which required the enjoyment of
citizenship were considered naturalised. For its part, Guatemalans “over 21 years old
and who have income, trade, industry or a profession that provides them with means
of subsistence” were citizens. With this it repeated a condition that was already in the
federal and state constitutions of the 1820s. To the above, the new constitution added
“all those who belong to the army being over 18 years old”. With this last condition,
the Government of Justo Rufino Barrios confirmed a central element of social
mobility: the role of the armed forces as a means of accessing citizenship. The
Conservative Government had not recognised this fact constitutionally, although in
practice military officers, both frontline and reserve, had several privileges. But the
difference was largely territorial. The conservatives relied mostly, though not
exclusively, on military units from the east and the centre. In contrast, the Liberals
after 1871 had Los Altos as their military base, where the heads of state between 1873
and 1920 came from, as well as the main military leaders12. The power struggles
9
Acta Constitutiva de la República de Guatemala, 1851, art. 1.
Hipótesis principal del estudio de Arturo Taracena et. al.
11
Ley Constitutiva de la República de Guatemala, 1879, art. 4-6.
12
Ley Constitutiva de la República de Guatemala, art. 8 y 10.
10
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RSCAS/GLOBALCIT-CR 2020/2 - © 2020 Author
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