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Newsflash – Guatemala: State of Public Calimity

This Monday, July 8, Government Decree 2-2024 was published in the Official Bulletin, declaring a state of public calamity throughout the country. The justification for the declaration is the accumulation of rain and soil saturation which increase the risk of natural disasters, deeming it necessary to dictate measures to avoid or mitigate the effects on the road network and infrastructure.

The term of the state of exception is 30 days starting today. Congress must, within three days, ratify, modify or disapprove the Decree.

According to the Decree, the full validity of the rights recognized in articles 5 (freedom of action) and 26 (freedom of movement) of the Constitution may be limited to the extent necessary to implement the established measures.

Among the measures decreed, free movement is limited in the affected areas, places, highways and roads determined by the competent entities, as well as to carry out all actions to free road access; the evacuation of inhabitants of the affected or endangered regions as a consequence of the rains is ordered, coordinating shelter and protection centers, as well as immediate attention to their health; all civil and military authorities are ordered to adopt all necessary measures to protect and ensure the life, integrity, safety and property of the affected population.

The Ministries of Communications, Agriculture and Health, as well as CONRED, are authorized to acquire goods, supplies, works and services indispensable to solve situations derived from the state of calamity, which have caused or make imminent the suspension of public services, without the need for bidding or quotation, observing parameters of transparency and publicity.

The Ministry of Public Finance is empowered to allocate budget to the executing units, according to the Government’s own availability and that of the Fund for Emergencies and Public Calamities. At the end of the state of exception, the surplus availability shall be transferred to its origin.

Executing spending units shall publish, in their public information portals, the reports they submit to the Presidency of the Republic. The Ministry of Finance must provide, in its institutional portal, a control board to monitor the acquisitions made under the Decree.

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