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Politics of Guatemala takes place in a framework of a presidential representative democratic republic, where by the President of Guatemala is both head of state, head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the Congress of the Republic. The judiciary is independent of the executive and the legislature. Guatemala is a Constitutional Republic.
Guatemala's 1985 Constitution provides for a separation of powers among the executive, legislative, and judicial branches of government.
Modern Guatemalan politics are still strongly affected by the Guatemalan Civil War (1960–1996). From the late 1990s to the mid-2010s, Guatemalan democracy improved, as greater civilian control of the military was achieved and anti-corruption measures were adopted. Since 2017, there has been democratic backsliding in Guatemala. [1] [2]
The Congress of the Republic (Congreso de la República) has 158 members, elected for a four-year term, partially in departmental constituencies and partially by nationwide proportional representation.
The Constitutional Court (Corte de Constitucionalidad) is Guatemala's constitutional court and only interprets the law in matters that affect the country's constitution. It is composed of five judges, elected for concurrent five-year terms each with a supplement, each serving one year as president of the Court: one is elected by Congress, one elected by the Supreme Court of Justice, one is appointed by the President, one is elected by Superior Council of the Universidad San Carlos de Guatemala, and one by the Bar Association (Colegio de Abogados); [3]
The Supreme Court of Justice (Corte Suprema de Justicia) is Guatemala's highest court. It comprises thirteen members, who serve concurrent five-year terms and elect a president of the Court each year from among their number. The Supreme Court has an Appeal Court formed by 43 members. When one of the Supreme Court is absent or cannot participate in a case, one of the Appeal Court takes its place. [4] The president of the Supreme Court of Justice is also president of the Judicial Branch of Guatemala (Organismo Judicial de Guatemala), and supervises both the hundreds of trial judges around the country (who are named to five-year terms) and the administrative work force which assists the magistrates.
Guatemala is divided into 22 departments, administered by governors appointed by the president. Guatemala City and 333 other municipalities are governed by popularly elected mayors or councils.
Guatemala's major diplomatic interests are regional security and increasingly, regional development and economic integration.
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The 1999 presidential and legislative elections were considered by international observers to have been free and fair.[ by whom? ] Participation by women and indigenous voters was higher than in the recent past, although concerns remained regarding the accessibility of polling places in rural areas.
Alfonso Portillo's landslide victory combined with a Guatemalan Republican Front (FRG) majority in Congress suggested possibilities for rapid legislative action. However, under the Guatemalan Constitution of 1985, passage of many kinds of legislation requires a two-thirds vote. Passage of such legislation is not possible, therefore, with FRG votes alone.
The political balance was disrupted in 2000 when allegations surfaced that the FRG had illegally altered legislation. Following an investigation, the Supreme Court stripped those involved, including President of Congress and FRG chief Ríos Montt, of their legislative immunity to face charges in the case. At roughly the same time, the PAN opposition suffered an internal split and broke into factions; the same occurred in the ANN. As a result, reforms essential to peace implementation await legislative action.
New cases of human rights abuse continued to decline, although violent harassment of human rights workers presented a serious challenge to government authority. Common crime, aggravated by a legacy of violence and vigilante justice, presents another serious challenge. Impunity remains a major problem, primarily because democratic institutions, including those responsible for the administration of justice, have developed only a limited capacity to cope with this legacy. The government has stated it will require until 2002 to meet the target of increasing its tax burden (at about 10% of GDP, currently the lowest in the region) to 12% of GDP.
During the Presidential race, the FRG organized what will later be known as Black Thursday (Jueves negro). The FRG organized its partisans from the country and brought them to the city. The FRG gave them transport, food, a shelter for the night, and meter long sticks. With these sticks, the participants ran through the streets wreaking havoc on the public infrastructure. During this day a journalist of Prensa Libre (a leading newspaper) was killed.
The media, which have a tradition of being independent and free,[According to whom?] took it very personally and for the next month, every headline was about these events, and the participation of the ruling party in this day of terror. The FRG was protesting the ruling of the TSE (supreme electoral tribunal) to ban the FRG candidate Efrain Rios Mont from the race. The TSE argued that as a formal putschist, he was banned by the constitution from ever becoming president. The FRG argued that since the events in which the former general participated predate the constitution, he was eligible for presidential office. Common sense argued that if such a clause was not retroactive by nature it would have no point.
Since 2004 Óscar Berger of the GANA (a coalition of political parties rather than a single one) won the elections, it is important to note that this was the first government in the history of democratic Guatemala that did not have an overwhelming majority in Congress. After he took office in January 2004 it was made public that the FRG had wildly ransacked the government going to the extremes of stealing computer equipment and objects of historic importance. Alfonso Portillo fled to Mexico with an impressive amount of money stolen from military funds, the national hospital, and the revenue service. Guatemala made a formal request for the deportation of Portillo to face charges of embezzlement, however, Mexico has never revoked diplomatic asylum once it is granted to a person.
Though the constitution says nothing about it, the vice president runs the government like a prime minister while the president deals with foreign affairs, this can be seen regularly as the VP stands in for the president in many events that are traditionally presided by the President of the Republic.
Criminality has reached staggering proportions: about 200 murders per month and it is starting to affect the economy as many companies prefer to leave the country than face the growing corruption and insecurity. One significant problem is the ongoing gang warfare between the M18 (Mara Dieciocho) and the MS (Mara Salvatrucha). These are two rival street gangs comprising loosely linked international franchise organizations, who wield a power somewhat like that of the US mafia of the 1930s and are for the moment above and beyond the grasp of the law. They hold territory under their control and extort "taxes" (la renta) from it.
They are not yet involved in high-level organized trafficking. That industry is of a different class of organized crime in Guatemala, with Mexican smugglers and top-ranking Guatemalan police officials regularly making headlines being caught with hundreds of kilograms of cocaine.
The mara phenomenon originated in the United States in the 1980s, specifically in Los Angeles, among refugees fleeing civil wars in El Salvador and Guatemala. Later many members of the maras were deported from the United States to their countries of origin, and during the 1990s this has helped fuel the spread of the two gangs across the United States, Mexico, El Salvador, Guatemala, Honduras, and even Italy and Spain. There is a zone of Guatemala City, "El Gallito" which is recognized as being outside of Government control, it belongs to the drug lords that inhabit it. Barrio "El Gallito" is located in Zone 3, three kilometres (2 mi) away from the National Palace where the Government's offices are located.
Drug trafficking has reached staggering proportions in Guatemala, with corruption extending to top positions of many branches of government. Various narco-mafias vie for control of the remote northern jungle regions of Petén, where drugs, arms, and people all cross the border into Mexico, mostly bound for the United States. Drug trafficking is undoubtedly the greatest threat to political freedom in Guatemala today.
Guatemala is plagued by lynchings which severely blemish the country's humans rights record as a violation of due process of law.
The Berger administration has been hailed in some circles for its work in devolution. Guatemala has always been a strongly centralized state and the administration sought to take halt the growing pre-eminence of the Capital. For example, the administration has engaged in mobile cabinets where the President and all his ministers will go into the country and change the seat of power every so often, to be "closer to the people".
The administration is facing growing financial difficulties, potentially in part due to 60% of the population being considered "poor" and therefore ineligible for taxation. The SAT (superintendence of tributary administration), the revenue service, is therefore obligated to tax the middle class which is starting to suffer under the burden. The SAT has become stringent in its application of the law seeking the full penalties of incarceration for tax evasion.
In September 2006 the PNC (civil national police), in a joint action with the national military took by storm the Pavon detention centre, a prison with 1,500 inmates which until that date hadn't been requisitioned for 10 years and which was a hub of criminal activity. Some inmates, the guard of the chief of the mafioso what ran the prison and the leader himself resisted the onslaught of forces of law with AK-47 and handguns, they were massacred. Around 3,000 infantry and 4 tanks participated in the action. This was a milestone in the history of Guatemala and made national headlines. [5]
2006 saw the dismemberment of the GANA in the face of the 2007 elections. It fractured into many parties, damaging the ability of the government to get legislation through Congress.
In the November 2007, second round presidential elections, Álvaro Colom of the UNE was elected president, defeating ex-general Otto Perez Molina of the PP. [6] And in 2011, Retired General Otto Pérez Molina of the Patriotic Party won the presidential election in a runoff against populist Manuel Baldizón of the LIDER party. Pérez Molina assumed office on 14 January 2012, and his vice president is Roxana Baldetti. [7] In September 2015, President Otto Perez Molina resigned because of bribery allegations. [8]
In October 2015 presidential election, former TV comedian Jimmy Morales was elected as the new President of Guatemala after huge anti-corruption demonstrations. He took office in January 2016. [9] In January 2020, Alejandro Giammattei replaced Jimmy Morales as the President of Guatemala. Giammattei had won the presidential election in August 2019 with his "tough-on-crime" agenda. [10] In August 2023, Bernardo Arevalo, the candidate of the centre-left Semilla (Seed) Movement, had a landslide victory in Guatemala's presidential election. [11] On 15 January 2024, Bernardo Arévalo was sworn in as Guatemala's president. [12]
Alfonso Antonio Portillo Cabrera is a Guatemalan politician who served as the 45th president of Guatemala from 2000 to 2004.
The National Unity of Hope is a populist political party in Guatemala. It was founded in 2002 and defined itself as a social-democratic and social-Christian party, but since transformed and is now described as a right-wing party. It is the largest political party in Guatemala by the number of members.
The Institutional Republican Party, until 2013 known as the Guatemalan Republican Front, was a right-wing to far-right political party in Guatemala.
Zury Mayté Ríos Sosa is a Guatemalan former politician. She is the daughter of the late general, and President of Guatemala Efraín Ríos Montt.
The Patriotic Party was a conservative political party in Guatemala. It was founded on 24 February 2001 by retired army officer Otto Pérez Molina.
General elections were held in Guatemala on 9 September to elect a new President and Vice President of the Republic, 158 congressional deputies, and 332 mayors. As no presidential candidate received a majority of the vote, a second round was held on 4 November.
Otto Fernando Pérez Molina is a Guatemalan politician and retired general who served as the 48th president of Guatemala from 2012 to 2015. Standing as the Patriotic Party candidate, he lost the 2007 presidential election but prevailed in the 2011 presidential election. During the 1990s, before entering politics, he served as Director of Military Intelligence, Presidential Chief of Staff under President Ramiro de León Carpio, and as the chief representative of the military for the Guatemalan Peace Accords. On being elected President, he called for the legalization of drugs.
Guatemala, officially the Republic of Guatemala, is a country in Central America. It is bordered to the north and west by Mexico, to the northeast by Belize, to the east by Honduras, and to the southeast by El Salvador. It is hydrologically bordered to the south by the Pacific Ocean and to the northeast by the Gulf of Honduras.
General elections were held in Guatemala on 11 September 2011 in order to elect the president, vice president, members of Congress, members of the Central American Parliament and mayors and councillors for all municipalities. The Patriotic Party emerged as the largest party in Congress, winning 56 of the 158 seats.
Renewed Democratic Liberty was a centre-right political party in Guatemala.
Guatemala and Mexico are neighboring nations who established diplomatic relations in 1848. In January 1959 both nations broke diplomatic relations as a result of the Mexico–Guatemala conflict, however, diplomatic relations were re-established 8 months later in September of that same year. Since then diplomatic relations have continued unabated since. Diplomatic relations between both nations are based on close proximity, trade, cultural similarities and a shared history.
General elections were held in Guatemala on 6 September 2015 to elect the President and Vice President, all 158 Congress deputies, all 20 deputies to the Central American Parliament, and mayors and councils for all 338 municipalities in the country.
The La Línea corruption case began in Guatemala on April 16, 2015 when the International Commission against Impunity in Guatemala and State prosecutors accused a number of politicians in the administration of President Otto Pérez Molina of setting up a customs corruption ring with the help of high-ranking officials in the tax and customs administration. Several demonstrations ensued, calling for the resignation of Pérez Molina and his vice-president Roxana Baldetti. Among the accused were the retired captain Juan Carlos Monzón, and the directors of the Tax Administration Superintendency or Superintendencia de Administración Tributaria, (SAT), an entity analogous to the US Internal Revenue Service. Baldetti resigned in early May to the joy of thousands of demonstrators.
The order of precedence in Guatemala is a symbolic hierarchy of officials used to direct protocol. It is regulated by Presidential Decree 07-2003 of March 11, 2003. signed by then President Alfonso Portillo, President of the Congress Efraín Ríos Montt and Former Interior Minister José Adolfo Reyes Calderón.
Movimiento Semilla is a centre-left, progressive, social-democratic political party in Guatemala. On 14 January 2024, it became Guatemala's governing party following the inauguration of President Bernardo Arévalo.
Alejandro Eduardo Giammattei Falla is a Guatemalan politician who was the 51st president of Guatemala from 2020 to 2024.
General elections were held in Guatemala on 25 June 2023 to elect the president and vice president, all 160 seats in Congress, all 20 members of the Central American Parliament, and mayors and councils for all the country's 340 municipalities. Incumbent president Alejandro Giammattei was constitutionally prohibited from running for a second four-year term. However, as no presidential candidate obtained over 50 percent of the vote in the first round on 25 June 2023, a second round was held between the top two finishers on 20 August 2023: Congressman Bernardo Arévalo of the Movimiento Semilla and Sandra Torres, a former first lady representing the National Unity of Hope (UNE) party. Arévalo defeated Torres in the second round with nearly 61 percent of the vote in what was seen as a landslide. The ruling Vamos party won the largest number of seats in Congress.
César Bernardo Arévalo de León is a Guatemalan diplomat, sociologist, writer, and politician who is the 52nd and current president of Guatemala since 2024. A member and co-founder of the Semilla party, he previously served as a deputy in the Congress of Guatemala from 2020 to 2024, as Ambassador to Spain from 1995 to 1996 and as Deputy Minister of Foreign Affairs from 1994 to 1995.
The inauguration of Bernardo Arévalo as the 52nd president of Guatemala on Monday, 15 January 2024 marked the commencement of the four-year term of Bernardo Arévalo as president and Karin Herrera as vice president.
Bernardo Arévalo, the president-elect of Guatemala, completed his transition to the presidency upon being sworn in on the 15th of January 2024. He became the candidate of Semilla in January 2020. Vice-president-elect Karin Herrera led Arévalo's transition team.