GUATEMALAN
MIGRATION LAW
(NATIONAL EXPERIENCES)
CONSTITUTIONAL RULES
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Guatemalan legislation includes several
basic provisions regarding the topic of
migration, which are as follows: a) The
State of Guatemala is organized to protect
each individual and family; b) In
Guatemala all human beings are free and
equal in dignity and rights; and c) Every
individual is free to enter, stay, transit,
and exit national territory… without any
limitations other than those stipulated by
law.
These provisions are included in the Political
Constitution of the Republic of Guatemala, which
is the basic norm of Guatemalan legal regulation.
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Thus, migration legislation is present and
includes the following instruments:
a) Migration Law, Decree No. 95-98
b) Bylaws of the Migration Law, Governmental
Agreement 629-99
c) Regulation for Determination of the Status of
Refugee in Guatemalan Territory. Governmental
Agreement 383-2001
Migration Law
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The most immediate background we have
is the Immigration Law which came into
effect on February 21, 1894 through
Decree No. 491. The law included ten
titles: I Who is a Foreigner, II
Classification of Foreigners, III On
Registration and its Effects, IV Political
Status of Foreigners, V Civil Status, VI On
the Diplomatic Channel, VII On Expulsion,
VIII regulates assistance to foreigners, IX
establishes the manner of acquisition of
goods, and X addresses criminal topics
related to foreigners.
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The intensity of the phenomenon of
migration has changed over time – as a
result of various situations – but it is still
fully valid. The Migration Law has been
modified in the Twentieth Century due to
different situations until a new law was
established in 1998.
The Guatemalan Migration Law is intended
to be dynamic and flexible regarding entry
and exit of persons, and it establishes an
effective control of foreigners in national
territory.
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The Migration Law basically regulates
acceptance, stay, and exit of foreigners;
expulsion, rejection, and deportation of
foreigners; rights and obligations of
foreigners; existing provisions regarding
regular migration (permanent and
temporary categories, among others);
classification of crimes; existing provisions
regarding irregular migration. Provisions
of this law are of Public Order. This means
that every person in national territory has
to abide by them.
National Migration Council
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Since the topic of migration is very dynamic the
law considers the existence of a National
Migration Council. The objective of the Council is
making recommendations to the Ministry of the
Interior – which is the highest authority in terms
of migration – regarding implementation of
appropriate policies and actions, carrying out
studies and issuing reports and migration
policies, and suggestions to celebrate, modify, or
report agreements, treaties, or any international
agreement related to migration. All the above
mentioned activities should be executed through
the General Directorate of Migration.
Bylaws of the Migration Law
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The bylaws develop the provisions stipulated in the
Migration Law and also establish the organizational
structure of the General Directorate of Migration.
The organizational structure is divided in three sections:
a) Technical Assistance
Legal Department
Internal Audit Department
Office of Statistics, Studies, and Migration Policy
Office of Social Communication
Office of International Migration Relations
Office of Professional Accountability
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2) At a Substantive Level
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a) Sub-Directorate of International Identity
Documents
b) Sub-Directorate of Migration Control
c) Sub-Directorate of Immigration Operations
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3) Management and Support
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a) Administrative and Financial Management
b) Information Management
REGULATION FOR PROTECTION AND
DETERMINATION OF THE
STATUS OF REFUGEE
IN TERRITORY OF THE STATE OF GUATEMALA
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In accordance with regulations, the General
Directorate of Migration is responsible for the
operational execution of aspects related to
determining the status of refugee. In addition, it
provides the required legal and institutional
support and collaborates with relevant authorities
regarding the topic of refugees in all functions
which are attributed, as well as procedures and
competencies which have been attributed.
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Regulations establish aspects related
to the organization and foundation of
the National Refugee Commission.
The Commission is responsible for
granting or denying refuge in
Guatemala, rights and obligations of
refugees, and procedures to grant
the status of refugee.
FACILITATION OF MIGRATION
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The phenomenon of migration is often
caused by the expansion of internal
migration which ends up crossing national
borders and thus, it becomes an
international phenomenon. Today
migration is not a topic which can be
addressed by one country alone but rather
is perceived from a regional perspective.
Therefore, the required legal instruments
have now been adopted at an
international level in order to better
address this situation.
Background
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Since the dissolution of the Central American Federal
Republic in 1838 consistent efforts have been made to
reestablish the unity of countries born out of this
fragmentation. Political unity – which continues being a
latent aspiration – has become impossible. However,
efforts oriented toward integration of Central America are
being implemented, particularly in economic matters. The
following treaty can be highlighted: “Tratado Tripartito de
Asociación Económica” (Tripartite Treaty of Economic
Association) signed by Guatemala, El Salvador, and
Honduras in 1960. This treaty can be considered a direct
precedent to the “Tratado General de Integración
Económica Centroamericana” (General Treaty of Central
American Economic Integration) of the same year but which
came into effect in November 1963.
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Considering this background, Heads
of State and Government of
Guatemala, El Salvador, Honduras,
and Nicaragua have carried out
several meetings. As a result actions
related to migration have been
implemented, thus facilitating the
movement of persons in territories of
the above mentioned countries.
Legal Framework
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The declarations made at presidential summits
usually provide written proof of agreements
between parties and can therefore create
obligations. However, we should always
remember that those who sign the declarations
or communiqués are Heads of State and
Government and/or Ministers of Foreign Affairs.
The Political Constitution of the Republic of
Guatemala stipulates in Article 183 that the
functions of the President of the Republic include
the following: o) “…celebrate, ratify, and report
treaties and agreements ….”.
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As a result, Migration Directors of the
CA-4 territory have celebrated a
series of meetings to advance toward
facilitating migration in the region.
Several activities – legal and
operational – have been considered
as part of this process, with the aim
of achieving an integration of
migration.
Activities:
1) Developing the conceptual framework agreement to solve
issues related to:
a) Detention orders
b) Bails and restrictions (under-age persons)
In Guatemala the Migration Law needs to be modified.
Therefore, the respective lobbying has begun.
c) User Information
2) Homologation of visas
• Requirements
• Charges
ADVANTAGES
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a) Users do not need to stand in line waiting for a long time
to be able to transit within the region.
b) Persons visiting from outside the region have access to a
diversity of tourist attractions in the region.
c) The stay does not only include one country but four
countries in the region can be visited.
d) All members of any of the four CA-4 countries can enjoy
the same rights and obligations as nationals of their own
country.
e) Combat trafficking in persons and smuggling of persons
in a more effective manner, particularly regarding underage persons who now require a passport to transit within
the CA-4 region.
f) Eliminate corruption by eliminating bureaucratic
procedures in intermediate delegations.
Thank You!
General Directorate of Migration
Guatemala