Report on Citizenship Law: Guatemala
permanent24. While it is true that these laws establish that Guatemala is governed by
international human rights conventions, as analysts point out, in practice, the grey
area occupied by those born in the country to migrants is maintained.
At the same time, it establishes that Guatemalans of origin can be those born
on foreign soil but to a Guatemalan father or mother. It clarifies that no natural
Guatemalan or Guatemalan of origin may be deprived of his or her nationality. In this
sense, the Constitution defends that under no arbitrary act, can Guatemalans of origin
be deprived of the right25. As for ius sanguinis, the constitutional text allows
nationality to be recognised to those born abroad but who receive the nationality
thanks to the recognition of their parents as Guatemalans. If one takes into account
that an important part of the Guatemalan population has migrated to the United States,
this article guarantees that the children of this sector of the population do not to lose
their nationality. However, in the long term, this constitutional guarantee does not
assure access to political rights while on foreign territory, as shown by the debate on
the voting rights of Guatemalans in the United States, whose organisations have
requested the right to vote from abroad as other countries do, such as Ecuador. This
measure has not been accomplished by any government, although it is common for
presidential candidates to meet with Guatemalan citizens in that country to meet this
demand. It is the best example of the difficulties in dealing with conflicts caused by
the scant attention that is paid to the consequences of migration.
For its part, the 1985 Constitution maintains the tradition of previous
constitutional documents in establishing a strong link between the States of the former
Federation of Central America, as it considers Guatemalans of origin those coming
from these States that domicile in the country with the firm intention of settling there.
This is realised in practice by means of the respective communication of the interested
parties with the authorities. Although this measure is not reciprocal with all the
Central American States, it is an example of the connection that has always been
considered to exist between the political communities of the Isthmus. This is
compounded by the possibility of them maintaining their nationality of origin. M.
Vonk notes that this would be an important example for other communities of States,
such as the European Union, where the time of residence necessary to opt for
nationality is registered in each Member State separately, not as a common space26.
Foreigners can opt to become naturalised if they have been domiciled in the country
for a period of at least five years prior to applying, without breaks that add up to more
than one year or six consecutive months. Foreigners who have ten years of residence,
even in different periods, can also apply for naturalisation. The objective of this
condition is to ensure that nationality is given to people with roots and work in the
country, that have created lasting ties within Guatemalan society and that have
respected the country’s legal order. This window has been used by some migrants and
is part of the historical tendency of constitutional norms to favour immigration.
On the other hand, there are other important cases in which foreigners with a
period of residence of at least two years, with a total absence of no less than two
24
Ley de Migración, art. 12.
Como lo reconoce Claudia de la Roca “Problemática jurídica en relación al derecho de la
nacionalidad de origen en nuestra legislación” Tesis de licenciatura, Universidad Francisco Marroquín,
1996. Disponible en http://www.tesis.ufm.edu.gt/pdf/2162.pdf
26
Constitución de la República de Guatemala, 1985, Art. 144-145; Vonk, “Guatemala”. 231.
25
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RSCAS/GLOBALCIT-CR 2020/2 - © 2020 Author
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