GUATEMALAN GUATEMALAN

MIGRATION LAWMIGRATION LAW

((NATIONAL EXPERIENCESNATIONAL EXPERIENCES))

CONSTITUTIONAL RULESCONSTITUTIONAL RULES

Guatemalan legislation includes several Guatemalan legislation includes several basic provisions regarding the topic of basic provisions regarding the topic of migration, which are as follows: a) The migration, which are as follows: a) The State of Guatemala is organized to protect State of Guatemala is organized to protect each individual and family; b) In each individual and family; b) In Guatemala all human beings are free and Guatemala all human beings are free and equal in dignity and rights; and c) Every equal in dignity and rights; and c) Every individual is free to enter, stay, transit, individual is free to enter, stay, transit, and exit national territory… without any and exit national territory… without any limitations other than those stipulated by limitations other than those stipulated by law. law.

These provisions are included in the Political These provisions are included in the Political Constitution of the Republic of Guatemala, which Constitution of the Republic of Guatemala, which is the basic norm of Guatemalan legal regulation.is the basic norm of Guatemalan legal regulation.

Thus, migration legislation is present and Thus, migration legislation is present and includes the following instruments:includes the following instruments:

a) Migration Law, Decree No. 95-98a) Migration Law, Decree No. 95-98b) Bylaws of the Migration Law, Governmental b) Bylaws of the Migration Law, Governmental

Agreement 629-99Agreement 629-99c) Regulation for Determination of the Status of c) Regulation for Determination of the Status of

Refugee in Guatemalan Territory. Governmental Refugee in Guatemalan Territory. Governmental Agreement 383-2001Agreement 383-2001

Migration LawMigration Law The most immediate background we have The most immediate background we have

is the Immigration Law which came into is the Immigration Law which came into effect on February 21, 1894 through effect on February 21, 1894 through Decree No. 491. The law included ten Decree No. 491. The law included ten titles: I Who is a Foreigner, II Classification titles: I Who is a Foreigner, II Classification of Foreigners, III On Registration and its of Foreigners, III On Registration and its Effects, IV Political Status of Foreigners, V Effects, IV Political Status of Foreigners, V Civil Status, VI On the Diplomatic Channel, Civil Status, VI On the Diplomatic Channel, VII On Expulsion, VIII regulates assistance VII On Expulsion, VIII regulates assistance to foreigners, IX establishes the manner of to foreigners, IX establishes the manner of acquisition of goods, and X addresses acquisition of goods, and X addresses criminal topics related to foreigners.criminal topics related to foreigners.

The intensity of the phenomenon of The intensity of the phenomenon of migration has changed over time – as a migration has changed over time – as a result of various situations – but it is still result of various situations – but it is still fully valid. The Migration Law has been fully valid. The Migration Law has been modified in the Twentieth Century due to modified in the Twentieth Century due to different situations until a new law was different situations until a new law was established in 1998. established in 1998.

The Guatemalan Migration Law is intended The Guatemalan Migration Law is intended to be dynamic and flexible regarding entry to be dynamic and flexible regarding entry and exit of persons, and it establishes an and exit of persons, and it establishes an effective control of foreigners in national effective control of foreigners in national territory. territory.

The Migration Law basically regulates The Migration Law basically regulates acceptance, stay, and exit of foreigners; acceptance, stay, and exit of foreigners; expulsion, rejection, and deportation of expulsion, rejection, and deportation of foreigners; rights and obligations of foreigners; rights and obligations of foreigners; existing provisions regarding foreigners; existing provisions regarding regular migration (permanent and regular migration (permanent and temporary categories, among others); temporary categories, among others); classification of crimes; existing provisions classification of crimes; existing provisions regarding irregular migration. Provisions regarding irregular migration. Provisions of this law are of Public Order. This means of this law are of Public Order. This means that every person in national territory has that every person in national territory has to abide by them. to abide by them.

National Migration CouncilNational Migration Council Since the topic of migration is very dynamic the Since the topic of migration is very dynamic the

law considers the existence of a National law considers the existence of a National Migration Council. The objective of the Council is Migration Council. The objective of the Council is making recommendations to the Ministry of the making recommendations to the Ministry of the Interior – which is the highest authority in terms Interior – which is the highest authority in terms of migration – regarding implementation of of migration – regarding implementation of appropriate policies and actions, carrying out appropriate policies and actions, carrying out studies and issuing reports and migration studies and issuing reports and migration policies, and suggestions to celebrate, modify, or policies, and suggestions to celebrate, modify, or report agreements, treaties, or any international report agreements, treaties, or any international agreement related to migration. All the above agreement related to migration. All the above mentioned activities should be executed through mentioned activities should be executed through the General Directorate of Migration. the General Directorate of Migration.

Bylaws of the Migration LawBylaws of the Migration Law The bylaws develop the provisions stipulated in the The bylaws develop the provisions stipulated in the

Migration Law and also establish the organizational Migration Law and also establish the organizational structure of the General Directorate of Migration. structure of the General Directorate of Migration.

The organizational structure is divided in three sections:The organizational structure is divided in three sections:

a) Technical Assistancea) Technical Assistance

Legal DepartmentLegal DepartmentInternal Audit DepartmentInternal Audit DepartmentOffice of Statistics, Studies, and Migration PolicyOffice of Statistics, Studies, and Migration PolicyOffice of Social CommunicationOffice of Social CommunicationOffice of International Migration RelationsOffice of International Migration RelationsOffice of Professional AccountabilityOffice of Professional Accountability

2) At a Substantive Level2) At a Substantive Level

a) Sub-Directorate of International Identity a) Sub-Directorate of International Identity DocumentsDocuments

b) Sub-Directorate of Migration Controlb) Sub-Directorate of Migration Control c) Sub-Directorate of Immigration Operationsc) Sub-Directorate of Immigration Operations

3) Management and Support3) Management and Support

a) Administrative and Financial Management a) Administrative and Financial Management b) Information Managementb) Information Management

REGULATION FOR PROTECTION AND REGULATION FOR PROTECTION AND DETERMINATION OF THE DETERMINATION OF THE

STATUS OF REFUGEE STATUS OF REFUGEE IN TERRITORY OF THE STATE OF GUATEMALA IN TERRITORY OF THE STATE OF GUATEMALA

In accordance with regulations, the General In accordance with regulations, the General Directorate of Migration is responsible for the Directorate of Migration is responsible for the operational execution of aspects related to operational execution of aspects related to determining the status of refugee. In addition, it determining the status of refugee. In addition, it provides the required legal and institutional provides the required legal and institutional support and collaborates with relevant authorities support and collaborates with relevant authorities regarding the topic of refugees in all functions regarding the topic of refugees in all functions which are attributed, as well as procedures and which are attributed, as well as procedures and

competencies which have been attributedcompetencies which have been attributed..

Regulations establish aspects related Regulations establish aspects related to the organization and foundation of to the organization and foundation of the National Refugee Commission. the National Refugee Commission. The Commission is responsible for The Commission is responsible for granting or denying refuge in granting or denying refuge in Guatemala, rights and obligations of Guatemala, rights and obligations of refugees, and procedures to grant refugees, and procedures to grant the status of refugee.the status of refugee.

FACILITATION OF MIGRATIONFACILITATION OF MIGRATION The phenomenon of migration is often The phenomenon of migration is often

caused by the expansion of internal caused by the expansion of internal migration which ends up crossing national migration which ends up crossing national borders and thus, it becomes an borders and thus, it becomes an international phenomenon. Today international phenomenon. Today migration is not a topic which can be migration is not a topic which can be addressed by one country alone but rather addressed by one country alone but rather is perceived from a regional perspective. is perceived from a regional perspective. Therefore, the required legal instruments Therefore, the required legal instruments have now been adopted at an have now been adopted at an international level in order to better international level in order to better address this situation. address this situation.

BackgroundBackground Since the dissolution of the Central American Federal Since the dissolution of the Central American Federal

Republic in 1838 consistent efforts have been made to Republic in 1838 consistent efforts have been made to reestablish the unity of countries born out of this reestablish the unity of countries born out of this fragmentation. Political unity – which continues being a fragmentation. Political unity – which continues being a latent aspiration – has become impossible. However, latent aspiration – has become impossible. However, efforts oriented toward integration of Central America are efforts oriented toward integration of Central America are being implemented, particularly in economic matters. The being implemented, particularly in economic matters. The following treaty can be highlighted: “Tratado Tripartito de following treaty can be highlighted: “Tratado Tripartito de Asociación Económica” (Tripartite Treaty of Economic Asociación Económica” (Tripartite Treaty of Economic Association) signed by Guatemala, El Salvador, and Association) signed by Guatemala, El Salvador, and Honduras in 1960. This treaty can be considered a direct Honduras in 1960. This treaty can be considered a direct precedent to the “Tratado General de Integración precedent to the “Tratado General de Integración Económica Centroamericana” (General Treaty of Central Económica Centroamericana” (General Treaty of Central American Economic Integration) of the same year but which American Economic Integration) of the same year but which came into effect in November 1963. came into effect in November 1963.

Considering this background, Heads Considering this background, Heads of State and Government of of State and Government of Guatemala, El Salvador, Honduras, Guatemala, El Salvador, Honduras, and Nicaragua have carried out and Nicaragua have carried out several meetings. As a result actions several meetings. As a result actions related to migration have been related to migration have been implemented, thus facilitating the implemented, thus facilitating the movement of persons in territories of movement of persons in territories of the above mentioned countries. the above mentioned countries.

Legal FrameworkLegal Framework

The declarations made at presidential summits The declarations made at presidential summits usually provide written proof of agreements usually provide written proof of agreements between parties and can therefore create between parties and can therefore create obligations. However, we should always obligations. However, we should always remember that those who sign the declarations or remember that those who sign the declarations or communiqués are Heads of State and communiqués are Heads of State and Government and/or Ministers of Foreign Affairs. Government and/or Ministers of Foreign Affairs. The Political Constitution of the Republic of The Political Constitution of the Republic of Guatemala stipulates in Article 183 that the Guatemala stipulates in Article 183 that the functions of the President of the Republic include functions of the President of the Republic include the following: o) “…celebrate, ratify, and report the following: o) “…celebrate, ratify, and report treaties and agreements ….”. treaties and agreements ….”.

As a result, Migration Directors of the As a result, Migration Directors of the CA-4 territory have celebrated a CA-4 territory have celebrated a series of meetings to advance toward series of meetings to advance toward facilitating migration in the region. facilitating migration in the region.

Several activities – legal and Several activities – legal and operational – have been considered operational – have been considered as part of this process, with the aim as part of this process, with the aim of achieving an integration of of achieving an integration of migration.migration.

Activities:Activities:

1) Developing the conceptual framework agreement to solve 1) Developing the conceptual framework agreement to solve issues related to:issues related to: a) Detention orders a) Detention orders b) Bails and restrictions (under-age persons)b) Bails and restrictions (under-age persons)

In Guatemala the Migration Law needs to be modified. In Guatemala the Migration Law needs to be modified. Therefore, the respective lobbying has begun.Therefore, the respective lobbying has begun.

c) User Informationc) User Information2) Homologation of visas2) Homologation of visas

• RequirementsRequirements• ChargesCharges

ADVANTAGES ADVANTAGES a) Users do not need to stand in line waiting for a long time a) Users do not need to stand in line waiting for a long time

to be able to transit within the region. to be able to transit within the region. b) Persons visiting from outside the region have access to a b) Persons visiting from outside the region have access to a

diversity of tourist attractions in the region. diversity of tourist attractions in the region. c) The stay does not only include one country but four c) The stay does not only include one country but four

countries in the region can be visited.countries in the region can be visited. d) All members of any of the four CA-4 countries can enjoy d) All members of any of the four CA-4 countries can enjoy

the same rights and obligations as nationals of their own the same rights and obligations as nationals of their own country.country.

e) Combat trafficking in persons and smuggling of persons e) Combat trafficking in persons and smuggling of persons in a more effective manner, particularly regarding under-in a more effective manner, particularly regarding under-age persons who now require a passport to transit within age persons who now require a passport to transit within the CA-4 region. the CA-4 region.

f) Eliminate corruption by eliminating bureaucratic f) Eliminate corruption by eliminating bureaucratic procedures in intermediate delegations. procedures in intermediate delegations.

Thank You!Thank You!General Directorate of MigrationGeneral Directorate of Migration

GuatemalaGuatemala