GUATEMALA. Guatemala was one of the five nations forming the Central American Federation, and under the Federal Constitution of 22 November 1824 was given a separate Constitution. After the dissolution of the federal agreement, Rafael Carrera organized a separate government for the State of Guatemala and caused to be sanctioned by an assembly in the month of October, 1851, a "Constitutive Act of the Republic of Guatemala," which was amended on 29 January 1885. After the death of Carrera (14 April 1865) two attempts were made at constitutional reform, but neither accomplished lasting results. The present Constitution dates from 11 December 1879; it was modified in 1885, 1887, 1889, 1893, 1897 and 1903.2 CONSTITUTION OF 11 DECEMBER 1879.3 We, the representatives of the sovereign people of Guatemala, lawfully called together and assembled in sufficient number, do hereby decree and sanction the fundamental laws which, united in a single body, form the following Constitution of the Republic. TITLE I.-THE NATION AND ITS INHABITANTS. ARTICLE 1. Guatemala is a free, sovereign and independent nation. The exercise of its sovereignty is delegated to the authorities established by the Constitution. ART. 2. Guatemala shall maintain and cultivate intimate family and reciprocal relations with the other Republics of Central America. And whenever the Central American nationality should be again brought into existence in a stable, just, popular and suitable manner, the Republic of Guatemala shall be ready to become a part thereof. 1 English translation in the British and Foreign State Papers, 13: pp. 725–747. This introductory paragraph is based upon F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. 11, pp. 561-562. Spanish text and English translation of this Constitution and Transitory Provisions in parallel columns in J. I. RODRIGUEZ, American Constitutions (Washington, 1906), Vol. 1, pp. 236-258. English translation in the British and Foreign State Papers, 70: pp. 866-879, and 78: pp. 1007-1012, respectively. The translation given here is based pon the one in RODRIGUEZ. def OCC 279 ART. 3. The supreme power of the nation is republican, democratic and representative, and is divided, as to its exercise, into the legislative, executive and judicial powers; it shall be entirely independent in the exercise of its functions. ART. 4. Guatemalans are divided into native and naturalized. 1. All those born or who may be born hereafter in the territory of the Republic, no matter what the nationality of their fathers may be, with the exception of the children of diplomatic agents. 2. Children of Guatemalan fathers or illegitimate children of Guatemalan mothers born in a foreign country, from the moment in which they establish their residence in the Republic; and even without this condition when, according to the laws of the place of birth, the nationality of Guatemala corresponds to them, or when, having the right to choose, they adopt Guatemalan citizenship. ART. 6. Natives of the other Central American Republics who declare before competent authority their desire to become Guatemalans, shall be considered native Guatemalans. ART. 7. The following are naturalized Guatemalans: 1. Spanish-Americans domiciled in the Republic, if they do not desire to retain their own nationality. 2. All other foreigners who have been naturalized in conformity with previous laws. 3. Those who obtain naturalization papers according to law. ART. 8. The following are citizens: 1. Guatemalans over 21 years of age who know how to read and write, or who have an income, industry, trade or profession providing them with means of subsistence. 2. All those over 18 years of age who belong to the army. 3. All those over 18 years of age who have received a literary degree or title in a national establishment. ART. 9. The rights inherent to citizenship are: 1. The electoral right. 2. The right to aspire to public office when the law requires citizenship as a qualification therefor. ART. 10. When the law requires citizenship as a qualification for the exercise of any public function, the said function may be entrusted to foreigners who have all the other qualifications required by the same law; by the fact of their acceptance of the position they shall become naturalized citizens. ART. 11. Citizenship is suspended, lost or recovered according to law. ART. 12. The following are the duties of Guatemalans: 1. To serve and defend the country. 2. To obey the laws, respect the authorities and comply with the regulations of the police. 3. To contribute in the manner established by law to meet the public expenses. ART. 13. Foreigners, from the moment of their arrival in the territory of the Republic, are strictly bound to respect the authorities and observe the laws, and acquire the right to be protected by them. ART. 14. Neither Guatemalans nor foreigners shall have in any case the power to claim from the government indemnification for damages or injuries done to their persons or property by revolutionists. ART. 15. Foreigners are bound to comply with the police laws and regulations, and to pay the local taxes, as well as all other taxes levied or to be levied hereafter, whether heavier or lighter, on commerce, industry, profession or property owned or possessed. TITLE II.-GUARANTEES. ART. 16. The authorities of the Republic are established to protect the inhabitants in the enjoyment of their rights, which are, liberty, equality, security of person, of honor and of property. ART. 17. All power is originally vested in the nation. Officials are not the owners but the depositaries of the authority, subject to the law and never superior to it, and always responsible for their official conduct. ART. 18. Primary instruction is compulsory; the instruction furnished by the nation is laical and gratuitous. ART. 19. All persons are free to enter, remain in and leave the territory of the Republic, except in the cases determined by law. ART. 20. Industry is free. The author or inventor enjoys the ownership of his work or invention for a period of time not exceeding 15 years, but literary property is perpetual. The executive may grant concessions for a term not exceeding 10 years to those who introduce or establish new industries in the Republic. ART. 21. All persons may freely dispose of their property, provided that by so doing they do not violate any law. Entailments of property, however, and every endowment (institución) in favor of dead hands, are absolutely forbidden, excepting only those made in favor of charitable establishments. ART. 22. The inhabitants of the Republic, whether nationals or foreigners, may direct their petitions to the authorities. Armed forces shall not deliberate or exercise the right of petition. ART. 23. The inhabitants of the Republic have free access to the courts of the country to exercise their actions in the form prescribed 88381-19- -19 by the laws. Foreigners shall not resort to diplomatic action except in case of denial of justice. For this purpose, the fact that a judg ment obtained is not favorable to the claimant shall not be understood as a denial of justice. ART. 24. The exercise of all religions, without preference for any particular one, is guaranteed in the interior of the temples; but this free exercise shall not be extended to the performance of acts subversive of or practices inconsistent with peace and public order, nor shall it give right to oppose the fulfillment of civil and political obligations. ART. 25. The right of association and of peaceful assembly without arms is guaranteed, but the establishment of conventual congregations and all kinds of monastical institutions or associations is forbidden. ART. 26. The expression of ideas, verbally, in writing, or through the press, without previous censorship, is free. Anyone abusing this right shall be responsible for it before the law. A jury shall take cognizance of all offenses and crimes committed through the press. ART. 27. All the inhabitants of the Republic are free to give or receive the instruction which they may prefer, in establishments not supported with funds of the nation. ART. 28. Property is inviolable; its expropriation shall only be ordered upon legal proof that the public interests are subserved thereby, and in this case the owner, before his property is seized, shall receive its just value in cash. In case of war the indemnity need not be previous. ART. 29. Services not to be rendered gratuitously under a law, or under a judicial decision founded on law, shall be justly remunerated. ART. 30. No one shall be detained or imprisoned except by reason of crime or offense. The law determines the cases and the formalities for proceeding to detention or arrest. ART. 31. Every detained person shall be examined within 48 hours; the detention shall not exceed five days; and within this period the authority which ordered it shall either give the reason for the warrant of imprisonment or discharge the prisoner. ART. 32. No one shall be kept in solitary confinement except in the cases, for the time and with the formalities established by law; nor shall anyone be subject to restrictions not indispensable for his safekeeping. ART. 33. No warrant of imprisonment shall be issued without the summary information, previously obtained, that an offense punishable with corporal or pecuniary penalty has been committed and without present reasons legally sufficient for believing that the detained person is the delinquent. ART. 34. The Constitution recognizes the right of habeas corpus, or let the prisoner be produced.1 ART. 35. No one shall be compelled to testify against himself, his consort, ascendants, descendants, or brothers or sisters. ART. 36. The defense of persons or rights before the courts is inviolable, and no one shall be tried by special tribunals. ART. 37. The correspondence of every person and his private papers are inviolable. Only by order of the competent judge shall the former be detained and opened or the latter seized, in the cases and with the formalities required by law. ART. 38. Domicile is inviolable. The law determines the formalities and the cases in which the domicile can be rightfully entered. ART. 39. When the territory of the nation is invaded or attacked, or when public tranquility is in any way threatened, the President, with the advice of the Council of Ministers, shall suspend, by means of a decree, the individual guarantees described in this title, and he shall then state whether the suspension embraces the whole Republic or only one or more departments of the same; he shall also report the fact to the Assembly at the next session. TITLE III.-THE LEGISLATIVE POWER. SECTION I.- -ORGANIZATION OF THE LEGISLATIVE POWER. ART. 40. The legislative power is vested in the National Assembly. ART. 41. The National Assembly shall meet every year on 1 March, even if not called to convene. Its ordinary sessions shall last two months, but this period may be extended a month longer. ART. 42. The Assembly shall not hold any meeting without the presence of an absolute majority of the members of which it is composed; but the meeting of 15 deputies, at least, shall be sufficient for passing upon credentials and taking suitable measures against the obstacles to a majority in the Assembly. ART. 43. The Assembly shall hold an extra session whenever it has been convoked by the executive power or the Permanent Committee, and in these cases it shall only discuss the subjects mentioned in the call. ART. 44. Deputies, from the day of their election, shall enjoy the following prerogatives: 1. Personal immunity from indictment or trial, unless the Assembly previously authorizes the prosecution by declaring that criminal proceedings can be instituted; but they can be arrested in case of flagrante delicto. 1 That is to say, so that the reasons for his detention may be stated. The last clause is merely a free rendering in the vernacular of the Latin law term. |