Guatemala is a country located in Central America and is bordered with El Salvador, Honduras, Mexico and has a disputed border with Belize, the country also has coasts along the Caribbean Sea on one side and the Pacific Ocean on the other. The capital Guatemala City is located in the country’s south-central area and is the most populated urban area in Central America.
The core of the Maya civilization was historically based in what is today Guatemala. The area was conquered by the Spanish in the 16th Century and became the Captaincy-General of Guatemala and was incorporated into the Viceroyalty of New Spain, a territory of the Spanish colonial Empire. When the Captaincy-General declared its independence from Spain in 1821, it not only included what is today Guatemala but also El Salvador, Nicaragua, Costa Rica, Honduras and Chiapas, which is today a Mexican state.
The First Mexican Empire annexed some territories before these states came together as the Federal Republic of Central America in 1823, but this federation was unstable with much infighting and civil war and eventually due to this it dissolved in 1841 and Guatemala declared itself independent in 1847.
Guatemala continued to suffer chronic instability and civil strife through the 19th Century and then into the 20th Century the country suffered under a series of dictators backed by the United Fruit Company and the US Government, which is where the term Banana Republic comes from. One of these authoritarian leaders, Jorge Ubico, was overthrown by a pro-democratic military coup in 1944, which sparked off the decade long Guatemalan Revolution which brought about economic and social reforms but concluded with a US-backed coup that installed a new dictatorship in 1954.
The Guatemalan Civil War, a bloody conflict that included ethnic genocide of the Mayan population, started in 1960 and lasted until 1996, it saw leftist rebels who were backed by the ethnic population fighting against the US-backed government. An UN-negotiated peace accord eventually brought the conflict to an end and led to new economic growth and the return of democratic elections. Instability, including high rates of crime, poverty and drug trading remain problems.
Guatemala refuses to recognise Belize as an independent country due to longstanding disputes of territory when Belize was a British colony.
The largest ethnic group is the Ladino and Mestizo peoples with Maya peoples following close behind, the largest religion is Roman Catholic closely followed by Protestant. The official language is Spanish and the country’s currency is the Quetzal. The country has the highest population in Central America currently standing at 18,047,300+.
Government Type
Guatemala is a Presidential Representative Democratic Republic which means it has a democratically elected President who is both Head of State and Head of Government and there is a unicameral parliament that is democratically elected. Multiple parties are allowed.
Under Article 119 of the country’s constitution the State has obligations that include promoting economic development of the Nation including through agricultural, livestock, industrial, tourist, and other types of activities; systematically promote administrative economic decentralization, to achieve adequate regional development in the country; adopting necessary means for the conservation, development and exploitation of natural resources in an efficient form; raising the standing of living for citizens, securing the wellbeing of families; promoting and protecting the creation and function of cooperatives through necessary technical and financial aid; granting incentives, via law, to industrial enterprises in the country that contribute to decentralization; priority promotion of popular housing construction projects through financing systems that are adequate so the greatest number of families may enjoy them in ownership; preventing functioning of excessing practices that lead to concentration of assets and means of production in detriment of the collectivity, among other obligations.
Autonomous and decentralized entities can be created in the country if deemed to create greater efficiency and better fulfillment of its objectives. For one to be created it requires a favourable two-thirds vote in the country’s parliament and outside of special exceptions in the constitution, an autonomous or decentralized entity will be ended by a two-thirds vote of the country’s parliament if it is seen as inoperable.
The Executive Government
There is a president who is both Head of State and Head of Government. The President exercises the functions of the Executive Organ through the mandate of the people. The President must act together with the Ministers, either in Council or separately with one or more of them.
The President of the Republic, Vice-President of the Republic, the Ministers of State, Vice-Ministers, and the other dependent functionaries integrate the Executive Organ.
The Vice-President assists the President in his/her duties. The Vice-President is a member of the Council of Ministers along with a vote. The President can designate the Vice-President to represent him in places or events.
Presidential Absence
The Vice-President substitutes for the President if they are temporarily absent or fulfills the rest of the presidential term if they are definitively absent. If both the President and Vice-President are permanently absent then the Congress will appoint a person to fulfill the remaining presidential term by a two-thirds majority.
If the Vice-President is permanently absent then the Congress will appoint a new Vice-President from a proposed list of three possible replacements from the President of the Republic.
Presidential Duties
The President is the General Commander of the country’s armed forces. The President must provide for the defense and security of the State, and the conservation of the Public Order. The President exercises command of the entire public force.
It is the duty of the President to promulgate, sanction, execute, and to cause execution of the laws, dictates decrees authorized by the country’s constitution, as well as agreements, regulations and orders for the strict compliance of the laws. The President presents initiatives of law to the Congress of the Republic.
The President directs foreign policy and international relations, ratifies and denounces treaties in accordance with the Constitution. The President receives diplomatic representatives and issues and withdraws the recognition of consuls. The President appoints ambassadors.
Must present an annual report to the Congress of the Republic on the general situation of the Republic and the actions of his/her administration conducted during the previous year. Also submits annually, through the respective ministry, the State budget. The President also submits international treaties and agreements to the Congress for its approval.
Can call the Congress into an extraordinary session on a matter when the interests of the Republic demand it.
There is a Central Bank, the Bank of Guatemala which monetary, banking and financial activities are organised under, and exercises control over circulation of currency and the public debt. The Bank of Guatemala is responsible to the Monetary Board, which members include a President who is appointed by the President of the Republic (and a Vice-President who is not a full member but can attend meetings and can take over for the President of the Monetary Board in his/her absence, the Vice-President is also appointed by the President of the Republic); the Ministers of Public Finance, Economy and Agriculture, Livestock and Food; a member elected by Guatemala’s parliament; a member elected by business, industrial and agricultural associations; a member elected by the administration councils or boards of directors of the private national banks; and finally a member elected by the Superior Council of the University of San Carlos de Guatemala.
The Council of Ministers
The President presides over the Council of Ministers, the Executive decision-making body of the Executive Organ. The President coordinates with the Council of Ministers on the policy of development of the Nation. The Vice-President is also a full member of the Council of Ministers.
The President appoints and can remove Ministers of State, Vice-Ministers, Secretaries and Sub-Secretaries of the Presidency and other officials that correspond to the President.
The requirements to be a Minister of State includes being a Guatemalan; be in enjoyment of the rights of citizenship; and be at least 30-years-old. Ministers of State cannot be relatives of the President or Vice-President or other Ministers of State; cannot have been sentenced in a judgement of accounts; cannot be contractors of projects or enterprises funded by the State or other autonomous entities; they cannot represent or defend the interests of individual or juridical persons who exploit public services; and cannot be ministers of any religion or cults.
Ministers of State run a Ministry, different departments of the Executive Organ that have competence of certain areas of business and running of functions. These Ministers countersign decrees, agreements and regulations that are under their competence from the President of the Republic. Ministers of State are responsible to the President on the running of their Ministry and are in-charge of presenting the budget of their Ministry to the President.
Emergency Provisions
Certain rights and guarantees can be suspended or limited for reasons such as invasion of territory, grave disturbance of the peace, activities against the security of the state or a public calamity. The President of the Republic will make the declaration through a decree dictated by the Council of Ministers, which includes motives of justification; the rights that may not be fully assured; the territory that it effects; and how long it lasts, the decree cannot last longer than 30-days.
Congress/Parliament must give consent to the emergency decree so that it can come into force, otherwise if disapproved of it will not come into force. A new emergency decree would be required to extend beyond 30-days and again consent would be needed from Congress.
Different emergency provisions include State of Prevention; State of Alarm; State of Public Calamity; State of Siege; and State of War.
The Legislative Government
The Congress of the Republic makes up the unicameral parliament of the country, of which one of its main purposes is to scrutinize legislative bills, debate them, possibly amend them and either pass or reject them. The Congress is currently made up of 160 elected members but this number can change based on population changes within electoral districts, the President will often be a part of a majority party, but since parliament and president are elected separately it is possible that the President may not be a member of one of the majority parties. Even if the President is a part of a majority party or any party in Congress, he/she and their government cannot favour them and must operate in a multi-partisan manner.
Legislation can be submitted to Congress by its own members and by the Executive Organ (government). The Supreme Court of Justice, the University of San Carlos de Guatemala and the Supreme Electoral Tribunal can also submit specific legislative bills to Congress. Legislative bills are discussed in three different sessions on three different days and cannot be voted on unless sufficient discussion has taken place in the third session. Legislative bills that are approved will be sent to the Executive (the government) by the Directive Board of the Congress within 10 days, the Executive will then either promulgate the bill or veto it.
Vetoing a bill must happen within 15-days of receiving the Bill and with prior approval from the Council of Ministers, then the President of the Republic will return the Bill to Congress with the stated reasons/observations for Congress to reconsider. Congress can reject the veto and if it has done so by a vote of two-thirds the Executive must promulgate it, if the Executive still does not within the allotted time then the Directive Board of Congress will promulgate it instead.
Other main purposes of the Congress include approving, modifying or disapproving the Budget of Revenues and Expenditures of the State by latest of 30 days prior to its entrance into effect. The Executive must send the Budget to the Congress with at least 120-days’ notice prior to the start of the next fiscal year. If the Budget is not approved by the time the next fiscal year begins then the previous budget will come into effect again with the ability of Congress to modify or adjust it.
Decrees ordinary and extraordinary taxes in accordance with the needs of the State and determine the basis of their collection. Annually approve or disapprove, in all or part, the detail and justification of all revenues and expenditures of the public finances, presented by the Executive concerning the previous fiscal year.
Declare/Consent to war and approval or disapproval of peace treaties. Decree amnesty for political and related common crimes. The Congress must give consent before the Executive, Central Bank or other State entity is able to conduct negotiations regarding loans or other forms of debt, either internally or externally. And to give consent to the ratification of certain international treaties, agreements or settlements dependent on their contents, a two-thirds majority consent is required for any relating to passage of foreign armed forces, establishment of foreign military bases and if they effect or can effect the security of the state or put an end to a state of war.
Outside of regular sessions the Congress can be convoked to an extraordinary session on a particular matter by the Permanent Commission or the Executive Organ of Government, an absolute majority vote of members of Congress can have parliament take cognizance of other matters. 25% of members of Congress can request the Permanent Commission to convoke Congress for an extraordinary session, if it is requested by an absolute majority of members then the Permanent Commission must immediately convoke an extraordinary session.
Resolutions in the Congress are adopted via an absolute majority vote of members unless a different special majority is specified in the constitution.
Standing committees are the Directive Board which is elected annually by members of the Congress and the Permanent Commission which is elected by members of Congress before closing of regular sessions and the Permanent Commission is presided over by the President of the Congress, the purpose of the Permanent Commission is to function outside of sessions of the Congress.
Members of the Congress can hold office as Minister or other Government functionary or of any autonomous or decentralized entity but must first be granted permission, the member will temporarily vacate their seat until their executive responsibilities end.
Other Duties
Other duties of the Congress include receiving the oaths of the President of the Republic, Vice-President and the President of the Judicial Organ and give them possession of their office or give possession of the presidential office to the Vice-President due to definitive or temporary absence of the President.
Accept or reject the resignation of the President and/or Vice-President of the Republic.
To be given foreknowledge of the absence of the President or Vice-President from the national territory. The President and Vice-President cannot be absent at the same time.
Elect positions stated in the constitution.
The Congress can declare by a vote of two-thirds whether it is appropriate or not to form a cause against figures such as the President or Vice-President of the Republic; President or the Judges of the Supreme Court of Justice; President or Judges of the Supreme Electoral Tribunal and of the Court of Constitutionality; Ministers or Vice-Ministers of the State; Secretaries of the Presidency of the Republic or the Under-Secretaries; Procurator of Human Rights; Attorney-General; or Procurator General of the Nation.
Congress can also declare by a vote of two-thirds the physical or mental incapacity of the President of the Republic to exercise their office, based on the prior opinion of a commission of five physicians appointed by the Directive Board of the corresponding College after request from the Congress.
Receive answers to questions from members of Congress from Ministers of State. Ministers of State are required to appear before Congress or a Committee or Legislative bloc when invited. Outside of being invited the Ministers of State can attend any time they wish and be represented by a Vice-Minister.
Perform a vote of confidence on a Minister, an absolute majority against the Minister can lead to their removal although it is possible for the Minister to appeal this and if given this opportunity by the President of the Republic and the Council of Ministers, then the Minister will face another confidence vote from Congress this time requiring a two-thirds majority against them for his/her removal from office, the person dismissed from office of Minister cannot be appointed a Minister again for a period of six months.
Congress can appoint commissions of investigation in specific matters of the public administration, which may involve problems of national interest.
Political decisions of special significance must be submitted for national referendum, which is called by the Supreme Electoral Tribunal at the initiative of either the President of the Republic or the Congress of the People.
The magistrates of the Supreme Court of Justice are elected by the Congress from a list of 26 candidates that are proposed by a nominating commission composed of a representative of the Rectors of the Universities of the country, who presides over it, the Deans of the Faculties of law or of Juridical and Social Sciences of each University of the country, an equivalent number of representatives elected by the General Assembly of the Association of Lawyers and Notaries of Guatemala and by an equal number of representatives elected by the titular magistrates of the Court of Appeals and other tribunals reffered to in Article 217 of the country’s constitution. The commission selects candidates by two-third majority votes. The President of the Supreme Court of Justice is later elected from among the members of the Supreme Court of Justice, with a new one elected each year. Titular magistrates of the Court of Appeals are elected in the same way.
The Electoral System
Presidential Elections happen every 4-years and uses a two-round absolute majority system where a candidate in the first round requires an absolute majority to win outright, otherwise a 2nd round is held between the top two candidates which is won by simple majority. The Vice-President is elected on the same ticket.
Candidates for President and Vice-President must be Guatemalan of origin who are citizens in good standing and who are above 40-years of age. Certain people cannot run for President or Vice-President, these include leaders of coups, armed revolution or similar movement and their relatives; those who have already served a term as President or has served at least 2-years as President (limited to one term); the relatives of the current President and Vice-President; those who were a Minister of State within six months prior to the election; members of the Armed Forces unless they have retired or resigned for at least 5-years before elections; ministers of any religion or cult; and magistrates of the Supreme Electoral Tribunal.
Legislative Elections to the Congress of the Republic happen every 4-years. The majority of the 160 members are elected from multi-seat electoral districts while the rest are elected from a single nationwide constituency using a closed-list proportional representation system where parties meeting a certain quota of the vote within electoral districts or the nationwide constituency are guaranteed seats, meaning coalitions will usually need to be made to form a majority in the Congress.
To be a candidate for the Congress of the Republic one must be a Guatemalan of origin and exercise rights of citizenship and be at least 18-years or older. Certain people are excempt from being members of Congress such as contractors of public works funded by the State or municipality, their guarantors; relatives of the President of the Republic and Vice-President; those sentenced in a judgement of accounts; those representing the interests of a companies or individual persons using public services; military personnel in active service.
To vote in elections one must be a citizen of Guatemala who is at least 18-years old, voting is not mandatory. Active-duty members of the armed forces are not allowed to vote and must by law remain at their barracks on election day.
Sources
The sources for this post come from Guatemala’s 1985 constitution with amendments through to 1993 (constituteproject.org) and so should be as up to date as possible but of course there is a chance I have missed or misinterpreted some things and of course the constitution can be changed again and so this post may eventually become outdated and so cross-research is encouraged if using this in a serious capacity.
Constitutional amendments are proposed either by the President of the Republic or by agreement of at least 10-members of Congress or by the Constitutional Court or by Public Petition of at least 5,000 citizens. Passage and adoption require at least a two-thirds majority of Congress in favour and favour in a National Referendum. Constitutional articles on national sovereignty, the republican form of government, limitations on those seeking the presidency and presidential tenure cannot be amended.
Next up will be the government system of Guinea.
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