Juan Carlos Sarazua
possibility of accessing Spanish nationality for Guatemalans who move to the
Peninsula, as well as Spaniards living in Guatemala, both cases thanks to the
respective registry. The agreement established reciprocity in cases where a national
acquires the nationality of the counterpart and then returns to its country of origin. In
that case, he or she could recover their original nationality. The beneficiaries of this
agreement could enter the other State without a visa, only the passport would be
requested36.
4. Contemporary debates
The creation of legal regulations on dual nationality in Guatemala has its gaps. On the
one hand, it recognises dual citizenship for Central American cases, but does not
regulate this condition in all its aspects. It accepts for example that Guatemalans with
double passports can leave or enter the country with any available document. That is,
it recognises the existence of such condition. But it does not specify other possible
conflicts, leaving in the air solutions to other situations such as voting abroad37.
Above all, given the huge number of Guatemalans residing in the United States who
cannot travel to the country to vote. In this sense, the Supreme Electoral Tribunal only
recognises the districts located in the country, thus denying them the opportunity to
vote, a right that is exercised in other countries. According to some estimates of the
United States Census for 2010, it was estimated that there were 1,044,209 people in
the country who identified themselves as Guatemalan, representing 2.1% of the total
number of Hispanics or Latinos. That is, the sixth largest Latin group38. Of the
binomials that participated in the last elections of September 6th, 2015, only 3 of 14
agreed to meet with Guatemalan migrant organisations in the United States to discuss
the possibility of reforming the Electoral and Political Parties Law in order to allow
voting from afar. It is a struggle that has been going on for many years, but the
different governments have not wanted to make an effort in this sense despite the fact
that remittances from the United States are equivalent to 10% of the GDP39.
Another debate concerning citizenship regards the construction of strong
institutions accompanied by internal democratisation, a dilemma that goes beyond the
periodical exercise of elections, having to do with the form of citizen participation
before and during the electoral process. The best example is with local elections, as
happens in the Development Councils/Municipalities. The exacerbation occurred in
the 1990s as a result of the decentralisation of the State, a process that made them
both receive more decisional space and allocation of funds. With this, the election of
36
Convenio, 1961.
Lourdes Lima Conde, “Análisis jurídico y doctrinario del uso al derecho de la doble nacionalidad
americana-guatemalteca en forma automática de los migrantes guatemaltecos nacionalizados
americanos” Tesis licenciatura, Universidad de San Carlos de Guatemala, 2009, 62-80. Disponible en
http://biblioteca.usac.edu.gt/tesis/04/04_8172.pdf
38
Rosa Tock “El voto Guatemalteco en Estados Unidos, Plaza Pública, 3 de enero de 2012, disponible
en http://www.plazapublica.com.gt/content/el-voto-guatemalteco-en-estados-unidos
39
Arecely Martínez “No Votamos, pero Sí Contamos: el voto de los migrantes”, Plaza Pública, 26 de
septiembre de 2015. Disponible en http://www.plazapublica.com.gt/content/no-votamos-pero-sicontamos-el-voto-de-los-migrantes
37
RSCAS/GLOBALCIT-CR 2020/4 - © 2020 Author
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