Report on Citizenship Law: Guatemala
2. Historical Antecedents
The independence of Central America was obtained without war, but it involved the
struggle to join the Mexican Empire (1822-1823), the failure of which forced the
political elites to try to build an autonomous political project. After several
vicissitudes, the federal model was accepted, for which the Constitution of the
Republic of Central America was issued in 1824. It established that the territory of the
Federation of Central America was made up of five States (Guatemala, El Salvador,
Honduras, Nicaragua and Costa Rica) as well as the conditions for accessing
citizenship. The constitutional text confirmed the elimination of slavery, decreed in
1823. It defined as citizens “all the inhabitants of the Republic, natural born or
naturalised, when they are married or older than eighteen years old, provided they
practice a useful profession or have known means of subsistence”1. On its part, the
constitution of the State of Guatemala, issued in 1825, ratified the principle of ius soli
as the basis of citizenship because, at the same time, the conception of citizenship
defended by the authorities during that decade was also based on a territorial criterion.
Some authors have even acknowledged that there was some consensus among the
intellectuals of the time on the recognition of a civic citizenship that would gradually
integrate all inhabitants2. That is to say, that birth in the territory of the Federation and
the State was the criterion with more weight at the time in the definition of
citizenship, provided that means of subsistence were guaranteed. This last condition
referred to the possible exclusion of those who had relations of dependency with
others (peons, peasants or indigenous people) and who did not prove their economic
autonomy. The role of territory as the axis of nationality is understandable in cases
such as the one being discussed, because it represented the fastest way of integrating a
political body that would serve as the supporting base of the State. Both constitutional
texts also recognised that those born abroad to Central American (or Guatemalan)
parents were considered natural provided that their parents were on an official
mission or that their absence from the territory did not exceed five years. These
sought to avoid the depopulation of the Federal Republic and the State. It is also the
origin of the fact that the current constitutional order of Guatemala maintains the
transmission of nationality without having to be born in the territory. That is to say,
from the beginning these two elements were the fundamental basis of the definition of
nationality of origin3.
Regarding foreigners, both texts established the necessary guidelines to be
recognised as naturalised. To this end, nature cards were granted for: a) relevant
services, b) scientific or artistic knowledge not available in the republic, c) settlement
of at least five years, d) residence for three years for those who settled with the whole
family, e) those who contracted marriage in the republic and f) those who acquired
1
Constitución Federal de la República de Centro América, 1824, Art. 14.
Constitución del Estado de Guatemala, 1825, art. 46. Teresa García Giraldez “Nación cívica, nación
étnica en el pensamiento político centroamericano” en Casaús Arzú, Marta y Peláez Almengor, Oscar
(Comps) Historia intelectual de Guatemala. Guatemala: CEUR/UAM/AECI, 2001, pp. 51-117.
3
Constitución Federal…, Art. 16.
2
2
RSCAS/GLOBALCIT-CR 2020/2 - © 2020 Author
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