1. GUATEMALAN MIGRATION LAW ( NATIONAL EXPERIENCES )

2. CONSTITUTIONAL RULES 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. 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.

3. These provisions are included in the Political Constitution of the Republic of Guatemala, which is the basic norm of Guatemalan legal regulation. Thus, migration legislation is present and includes the following instruments: 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

4. Migration Law 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. 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.

5. 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 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. 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.

6. 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. 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.

7. National Migration Council 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. 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.

8. Bylaws of the Migration Law The bylaws develop the provisions stipulated in the Migration Law and also establish the organizational structure of the General Directorate of Migration. 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: 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

9. 2) At a Substantive Level 2) At a Substantive Level a) Sub-Directorate of International Identity Documents a) Sub-Directorate of International Identity Documents b) Sub-Directorate of Migration Control b) Sub-Directorate of Migration Control c) Sub-Directorate of Immigration Operations c) Sub-Directorate of Immigration Operations 3) Management and Support 3) Management and Support a) Administrative and Financial Management a) Administrative and Financial Management b) Information Management b) Information Management

10. REGULATION FOR PROTECTION AND DETERMINATION OF THE STATUS OF REFUGEE IN TERRITORY OF THE STATE OF GUATEMALA 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. 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.

11. 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. 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.

12. FACILITATION OF MIGRATION 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. 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.

13. Background 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. 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.

14. 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. 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.

15. Legal Framework 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 ….”. 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 ….”.

16. As a result, Migration Directors of the CA-4 territory have celebrated a series of meetings to advance toward facilitating migration in the region. 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. Several activities – legal and operational – have been considered as part of this process, with the aim of achieving an integration of migration.

17. Activities: 1) Developing the conceptual framework agreement to solve 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. Therefore, the respective lobbying has begun. In Guatemala the Migration Law needs to be modified. Therefore, the respective lobbying has begun. c) User Information c) User Information 2) Homologation of visas RequirementsRequirements ChargesCharges

18. ADVANTAGES a) Users do not need to stand in line waiting for a long time to be able to transit within the region. 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. 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. 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. 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 under- age persons who now require a passport to transit within the CA-4 region. e) Combat trafficking in persons and smuggling of persons in a more effective manner, particularly regarding under- age persons who now require a passport to transit within the CA-4 region. f) Eliminate corruption by eliminating bureaucratic procedures in intermediate delegations. f) Eliminate corruption by eliminating bureaucratic procedures in intermediate delegations.

19. Thank You! General Directorate of Migration Guatemala