Juan Carlos Sarazua
months, and who have shown “good conduct and to have a profession, art, trade or
other decorous way of living” are granted access to nationalisation: a) if they provide
an important service to Guatemala in different spheres (economic, social or cultural).
Based on a shorter period of residence, this condition allows foreigners who have
played an important role because of their skills, knowledge and actions to quickly
access naturalisation. Like the other conditions for naturalisation, this requirement is
favourable to selective immigration. b) If they can prove they have resided three years
in another Central American country prior to applying. This is another condition that
reinforces the links maintained with the rest of the States of the Isthmus and that has
been present in different constitutions. c) If they have “scientific, artistic or
philanthropic merit”. In the same way as it was done at the end of the nineteenth
century, in the decade between 1944 and 1954, and in more recent years, the arrival of
qualified people (engineers, artists and teachers) helped create institutions, centres of
diffusion and university professionalisation. In this way, the circulation of people with
skills beneficial for the country is facilitated. And, d) if they are stateless or of an
indeterminate nationality. This last condition is very particular to Guatemala and to a
few cases in the Western Hemisphere, as it allows people who have been left without
a nationality to have direct access to legal recognition27. Another important case is
that of Guatemalans who have had to renounce to their nationality of origin for a
foreign one because the laws of that country require so. Only in such case, can a
Guatemalan renounce to his or her nationality, as “once acquired it is inalienable”. As
soon as they return to the country and are domiciled, they can recover their
nationality28.
With regard to foreigners who have settled in Guatemala, the application for
naturalisation must follow the respective procedure. It starts with a request to the
departmental governor, with the respective documentation that guarantees the
requirements established by law, among them, proficiency in Spanish if it is not their
mother tongue. Once the official has verified that the documentation meets the
requirements established in the law, it passes to the Ministry of Foreign Affairs and
the Public Ministry. After the approval of these instances, the file can be passed to the
President of the Republic, who decides the issuance of the respective agreement
recognising the nationality of the applicant29.
3.2. Modes of Loss of Citizenship
The Constitution clearly states that nationality cannot be denied to any Guatemalan,
which serves as a shield to prevent people from being denied a right recognised by
international conventions. For its part, it also establishes that Guatemalans cannot
renounce to their nationality, except when nationalised in another country whose
legislation establishes an obligation to withdraw30. In the case of naturalised
Guatemalans, the Nationality Law establishes that any person who has been
naturalised by relying on false documents is subject to losing the acquired right. This
implies the possibility of becoming stateless, a situation that is condemned by
international law31. On the other hand, naturalisation rights may also be revoked in
27
Ley de Nacionalidad, 1966, art. 33-34 y Vonk, “Guatemala”.
Nacionalidad, art. 3.
29
Ley de Nacionalidad, 1966, art. 34-35.
30
Ley Nacionalidad, art. 3.
31
Vonk. “Guatemala”. Ley de Nacionalidad, art. 22.
28
RSCAS/GLOBALCIT-CR 2020/4 - © 2020 Author
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