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Over the weekend we talked about the President’s announcement that he was close to inking a Safe Third Country deal with Guatemala, following discussions with President Jimmy Morales. There are certainly questions to be answered and issues to be addressed before identifying that nation as an official Safe Third Country in terms of migration, but at this point, it may not matter. Guatemala’s Constitutional Court ruled yesterday that no Safe Third Country agreement can be entered into without their congress first approving it. (From Prensa Libre. Original is in Spanish and the translation has been cleaned up a bit for clarity.)
The Constitutional Court (CC) granted provisional protection to three appeals that were raised against the possible decision of the Government to allow Guatemala to become a safe third country for migrants seeking asylum in the United States. With this decision, the agreement between the governments of Guatemala and the United States (United States) must be submitted to the Congress of the Republic.
The CC resolved that for President Jimmy Morales to make the decision to sign an agreement that makes Guatemala a safe third country, it must have knowledge and approval of Congress.
“The President of the Republic of Guatemala is warned that, in order to take the decision, on behalf of the State of Guatemala, to constitute the national territory as a safe third country, it must comply with the mechanism established in paragraph l) of article 171 of the Political Constitution of the Republic, “says the resolution of the CC.
You can read the full decision here at the court’s website. It’s in Spanish, of course, but most browsers will adequately translate it for you.
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