Organization

Guatemala is a constitutional democracy. The president is the chief of state, assisted by a vice president, both of whom are elected to office for a single four-year term. The president is constitutionally barred from a second term, but the vice president may run for office after a four-year hiatus from office.

The Congreso de la República is the national (unicameral) legislative body, consisting of 158 members. Congress members serve four-year terms running concurrently with the presidential term. Guatemala has 22 administrative subdivisions (departments) headed by governors appointed by the president. Popularly elected mayors or councils govern Guatemala City and 331 other municipalities.

Judicial System

The judicial branch is independent of the executive branch and the legislature and consists of a Constitutional Court and a Supreme Court of Justice. The Constitutional Court is the highest court in the land and consists of five judges elected for five-year terms, with each judge serving one year as president of the court. Congress, the Supreme Court of Justice, the Superior Council of the Universidad de San Carlos de Guatemala, and the bar association (Colegio de Abogados) each elect one judge and the president appoints the fifth.

The Supreme Court of Justice consists of 13 magistrates who serve five-year terms and elect a president of the court each year from among their members. The judiciary suffers from a poor public image because of suspicions that it has become porous to influence from drug traffickers as well as being corrupt and inefficient.

Elections

The current power balance is a product of the 1985 Constitution, formulated before the country’s official return to democracy in 1986. A series of reforms in 1993 shortened terms of office for president, vice president, and members of congress from five years to four; for Supreme Court justices from six years to five; and increased terms for mayors and city councils from two-and-a-half years to four.

Between 1954 and 1986, Guatemala was ruled primarily by a military-oligarchy alliance that installed presidents periodically via widely fraudulent elections or military coups. In the few elections considered free and fair during this period, the military quickly stepped in to assert its dominant role while ensuring that the president remained a figurehead. All of the elections from 1985 onward have been considered free and fair, though the military still holds much power in Guatemala, probably more so than in any other Latin American country.

Much of Guatemala’s democratic process has consisted of a gradual strengthening of the state while trying to limit the power of the military. Other general characteristics of the democratic process have been the growth of citizen participation from all sectors of society in an atmosphere of greater freedom concurrent with the gradual strengthening of institutions having extremely limited experience with governance under a democratic system.

Political Parties

Guatemala’s political parties constitute a veritable alphabet soup and change from year to year depending on the capricious nature of alliances between different factions. Parties are unstable, to say the least, and no party has won a presidential election on more than one occasion. As an election approaches, a fresh batch of newly formed parties begin to make the rounds.

The ruling party following the 2007 elections was the Unidad Nacional de la Esperanza (UNE, or National Unity of Hope). Some of the other parties, in order of their percentage of congressional seats, are the Gran Alianza Nacional (GANA), Partido Patriota (PP), Frente Republicano Guatemalteco (FRG), Encuentro por Guatemala (EG), and Partido Unionista (PU). The Unidad Revolucionaria Nacional Guatemalteca (Guatemalan National Revolutionary Unity, also URNG-MAIZ) is the political party formed by the former guerrilla movement, which fought against the government during the country’s 36-year civil war. It holds two congressional seats.

Bureaucracy

There is still a long way to go in the consolidation of a genuine functioning democracy in Guatemala. The judiciary and legislative branches are badly in need of reform and have lost virtually all credibility with their constituents. The current situation is still very much like that described in 2000 by the Guatemalan Institute of Political, Economic, and Social Studies, a nongovernmental organization:

In our society, agents or former agents of the state have woven a secret, behind-the-scenes network dedicated to obstructing justice. They have created a virtual alternative government that functions clandestinely with its own standardized and consistent modus operandi. In such a context, crimes are not clarified, and those responsible are not identified. Society finally forgets the cases and becomes resigned.

If the actual material authors left evidence at the scene of their crimes, they then decide who to implicate as scapegoats. If there are actually any inquiries and if these eventually lead to any arrests, these are always of low-ranking members of the army, or at best, an official not in active service.

When they can’t pin the crime on some scapegoat, the scene of the crime is contaminated and legal proceedings are obstructed and proceed at a snail’s pace. If, nonetheless, investigations still continue, these powerful forces hidden behind the scenes destroy the evidence. And of course it cannot be forgotten that pressure, threats, attacks, and corruption are all part of the efforts to undermine and demoralize the judiciary, who, knowing they are not able to count on a security apparatus that will guarantee that the law is enforced, feel obliged to cede in the face of this parallel power.

The powerlessness of the Guatemalan judiciary has forced some people to seek remedies for their grievances in international courts under universal jurisdiction established by the United Nations concerning crimes against humanity. One example is the suit filed before the Spanish National Court in 1999 by the Rigoberta Menchú Foundation against eight former Guatemalan officials, including General Efraín Ríos Montt, for murder, genocide, torture, terrorism, and illegal arrest. The case seeks to try those responsible for wartime abuses and centers around the 1980 attack on the Spanish Embassy in Guatemala City that claimed the lives of 37 peasant activists, among them Menchú’s father, and embassy staff. The Spanish court has heard other cases involving genocide and established a precedent for universal jurisdiction in the 1998 arrest of Chile’s General Augusto Pinochet in the United Kingdom. He remained in custody for 14 months until British authorities ruled Pinochet was unfit for trial and let him return to Chile.

In July 2006, a Spanish judge ordered the detention of all eight accused after an unfruitful visit to Guatemala with the intention of gathering testimonies from plaintiffs and questioning the accused. Ríos Montt and General Mejía Víctores effectively paralyzed the process with a series of appeals upheld by the Constitutional Court. Menchú admitted the difficulty of getting Guatemalan officials to execute the arrest orders, calling it “a test of the Guatemalan justice system.”

As for the legislature, there is talk of reducing the number of members of congress, elected partly by proportional representation. The Guatemalan congress has suffered in recent years from a gradual erosion of confidence on the part of its constituents because of gross inefficiency, corruption, and growing suspicion of widespread links to drug trafficking. In essence, a majority of Guatemalans view their congressional body as practically useless and expensive to maintain.

Political parties, likewise, have suffered a gradual decline in credibility. The general pattern since 1986 has been one of great expectation for change prior to elections and the installation of a new government, followed by disappointment with the new government’s failure to deliver on its promises, ending in frustration and renewed hope for change with the next round of elections. The government of Álvaro Colom appeared to be no exception to this pattern after its first year in power. Opinion polls point to a growing desire to see the emergence of better leadership and an authentic political class, something Guatemala still lacks.

© Al Argueta from Moon Guatemala, 3rd Edition. Photos © Al Argueta www.alargueta.com