Report on Citizenship Law Guatemala Juan Carlos Sarazua (Trans. Lucrecia Rubio Grundell) 1. Introduction As other Latin American states under construction, Guatemala was heir to the electoral practices promoted by the Constitution of Cádiz (1812). This Constitution initiated the trajectory to define the contours of citizenship in social contexts distinguished by the existence of societies with structured political hierarchies. In this sense, a central element in the Guatemalan case that made it different to the rest of Central America was the presence of a majoritarian indigenous population that had been segregated by Spanish legislation, with particular duties and rights that distinguished it from the white and mestizo populations. This condition marked the construction of citizenship. Another important factor was an enormous territorial fragmentation. Before political independence (1821), territorial unity was marked by two provincial deputies with jurisdiction over all of Central America and Chiapas. In twenty years, this unity was fragmented, eventually giving way to the formation of five independent States. All of this led to a gradual loss of control over the territory on behalf of the authority established in Guatemala City, increasingly restricting the scope of application of citizenship laws to the dimensions of contemporary Guatemala. A third element was migration to the country, which took place in a different way than in the rest of the continent. While not reaching the quotas of the Rio de la Plata or Chile, it was always the source of capital and the origin of a part of the economic elite that has had a preponderant role in public life. For this reason, even today, the Constitution and the Nationality Law specify in detail the rules for the naturalisation of foreigners, but slightly neglect the different possibilities open for those who have dual citizenship or for the inclusion of voting from abroad, given the Guatemalan population abroad, especially in the United States. The 1985 Constitution speaks of Guatemalans and citizens. The former are those who have Guatemalan nationality, either of origin or by naturalisation. The latter are those who have reached the age of majority and have no legal impediments or criminal proceedings to elect and be elected to public office. Similarly to other cases, Guatemalans cannot be deprived of their nationality. But, in contrast, Guatemalans of origin cannot renounce their nationality, unless it is mandatory when assuming another nationality. On the other hand, those naturalised can be deprived of it based on whether they are considered a threat to the country and for breaking the law. That is, it establishes important differences between one and the other. RSCAS/GLOBALCIT-CR 2020/4 - © 2020 Author 1