Report on Citizenship Law: Guatemala
mayors is perhaps the most conflictive arena in the whole country, since the group
that access local power can distribute resources discretionally in a much more
extensive manner. And one of the defects of several electoral processes has been to
bring groups outside the municipality to vote for a candidate. This defect was based
on the fact that municipal bodies were in charge of the Citizen Registry and issuance
of identity documents. Although the law for the issuance of identity document has
been modified, it remains an important defect that affects voting.
5. Conclusions
Similar to other Latin America states, the republican system in Guatemala (and
Central America) relied on the concept of ius soli to guarantee rights as citizens for
those born in the territory. This condition was also the basis of the incipient Central
American and Guatemalan nationalism, that is, territory as part of the nationalist
imaginary. The issuance of state and federal constitutions (1824-1825) thus marked
the first stages of public life. As for the foreigners who came to Guatemala during the
years of the Federation (1824-1839), they managed to find a space within legislation
by using the opportunity to become “neighbours, as a way of gaining local political
influence, as the study by Jordana Dym (2008) suggests. However, in the same way,
many of these foreigners maintained the inaccuracy of their citizenship ascription to
take advantage of the protection provided by the first foreign consuls, in order to
avoid forced loans or the requirement of resources.
From a long-term perspective, it becomes visible that the principles of ius solis
and ius sanguinis have been a part of the mixed model that defines Guatemala today.
To reach this point, the last stages of the nineteenth century, with the formation of the
liberal model, left their mark on this trajectory. Throughout the nineteenth century,
governments imposed limitations on constitutional texts and other laws to reduce
access to citizenship. Examples like that of the military between 1871 and 1885 show
this situation. Women, like other displaced sectors of the Guatemalan population,
were not recognised as citizens during most of the Republican period. It is in 1944
that women acquired the right to vote.
For this reason, the constitutional text of 1985 is crucial because it broadened
the recognition of citizenship rights generally. If we pay attention to what the text
says, it differs from other constitutions in that it generalises access to citizenship.
However, as other authors have established, the foundations of the Constitution also
allow for guardianship, but in this case dressed in citizenship language coated in the
“protection” of indigenous populations.
The great challenge of citizenship in Guatemala is to meet the requirements
established by migration. On the one hand, population passing through Guatemala
faces serious problems because it does not guarantee minimum rights for those who
pass through its territory. As mentioned in the text, this is by the difficulties for
registering births. On the other hand, the non-acceptance of the exercise of political
rights for Guatemalans who are outside the territory, for the most part in the United
States, is a clear sign of the contradiction between the law (guarantee of nationality
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RSCAS/GLOBALCIT-CR 2020/2 - © 2020 Author
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