
It is 10 am in my part of the world, and I’ve yet to find any information about the elections in Guatemala yesterday, in English at least, and I can't read Spanish. I’ve even turned on my TV to CNN (a last resort in my case) so I may have an update as I’m writing this blog.
It is not as if these elections will have an immediate and earth shaking effect on adoptions, but being the eternal optimist, I’m hoping for a more pro-adoption government. It is almost certain that there will be run a off election in November, because neither Colom nor Molina will have 50% majority of the votes.
Here is a brief description of the
structure of the Guatemalan government.
Guatemala is a democratic republic, divided into twenty-two departments (what we call states). Each department has a governor who is appointed by the President of the Republic. His duties are of the administrative nature only.
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Each of these departments is divided into municipalities with each municipality having a mayor and a municipal council, all elected by popular vote. The municipal government operates autonomously; for example transit authority is under their authority.
There are three branches of government in Guatemala: executive, legislative and judicial.
The Executive Branch is headed by the president, who is elected by the people and serves a four year term. There is also a vice-president who also serves a four year term. There are twelve Ministers of State all nominated by the president. There are also Secretariats of the Presidency in the Executive Branch, and they have the same rank as the ministers. According to the constitution of the republic of Guatemala, there is no limit to the number of Secretariats that can be appointed.
The Legislative Branch enacts laws, and is therefore very important in the adoption world. The congressmen who make up the legislative branch are elected by the people and serve a four year term. Each department (state) in Guatemala constitutes an electoral district and can elect one or more congressman depending on the population. Each department also elects an alternative congressman.
The Judicial Branch is an independent branch that can render justice independently but in accordance with the Constitution of the Republic of Guatemala. Public administration must assist and cooperate with this body of government. The judicial branch must act in accordance with the constitution.
Courts in Guatemala have either exclusive or ordinary jurisdiction. Here is a list of the courts:
1. Small court judges or “judges of peace:” exercise their power in the municipalities, and if there is no judge this position is filled by the mayors.
2. First instance courts are involved in civil, commercial, criminal, labor and family matters.
3. The court of appeals hears appeals from first instance courts.
4. The Supreme Court of Justice has thirteen justices and is divided into chambers.
Guatemala has a constitution that was put into force in 1986 and is the backbone of the legal system.
Although this is "dry" information, the next time you are told that your papers are held up in a certain court or the birth certificate has to come from a municipality, you will have a better idea of how the wheels of government turn in Guatemala.
Now, I've left the best for last.Not long ago I
blogged about Jose Daniel, a sweet little boy who needed surgery and a home. Thanks to "A" he has had his first surgery for cleft lip and palate and is recovering well. He also has a family that is going to adopt him. We are all happy for you little guy, and may you have a speedy process coming home.
Once again I'd like to mention the amazing woman who took it upon herself to make a huge difference in one child's life. As soon as she heard about him, she spread the word and he received much needed surgery in a very short time.