Guatemalan Political History: National Indian Policy, 1532-1954
David E. Wilkins
Wicazo Sa Review, Vol. 9, No. 1 (Spring, 1993), 17-31.
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Sat Jul 9 19:55:14 2005Guatemalan Political History:
National Indian Policy, 1532-1954
by David E. Wilkins
relationship between the Spanish and later the
Guatemalan state with the Mayan Indians over
the past four centuries is a fundamental component
of Guatemalan political history. Since the begin-
rings of the nation, when the Mayans were political
and military entities of power and independence
‘with whom the Spanish had to come to terms; to the
1944-1954 "Revolutionary Era,” when Indian com-
munities were finally conceded limited social,
economic, and political rights; and the period from
197910 1984in which the military regimes killed "tens
‘of thousands by some estimates as high as 80,000"
Indians; the Indian population bas been persistently
in the consciousness of national officials.
‘While it would be both intuitively satisfying and
correct to employ a colonialism or conquest miodel
todescribe the Spanish legacy of cruelty and oppres-
sion which has, unfortunately, been almost sys-
tematically continued since Guatemalan
independence in 1821, such an atheorctical ap-
proach (colonialism is less a theory than a deserip-
tion of a political-economie phenomenon) would
give an oversimplified view of what actually
transpired, It also would obscure the fact that
‘Guatemalan Indian policy -- the course of action
pursued by the State in its relations with the Mayan
Indians of the region -- is not the instantaneous
‘reation of any one person. Nor, for that matter, is
ita comprehensive, incremental, or rational process
as Kingdon has argued”
‘The pressing need to comprehend the current
social, political, and physical crisis confronting,
‘Guatemala’ indigenous peoples demands under
standing what Migdal has described as the fates of
public policies. One line of research suggested by
Migdal calls for a recognition that policy formation
and implementation are determined not solelyby the
“sequences of the policymaking process itself” but
also by the “contexts within which policies are con-
ceived and implemented.“ Migdal identifies three
such contexts: 1) the actors cognitions, or his bor-
rowed term the "psycho-cultural realm; 2) the in-
stitutional envionment, including the level of
institutionalization and type of existing institutions
and; 3) the longitudinal stady of polices, or in other
words, where does a particular policy fit in relation
toother policies? And whick policies preceded it?®
This article focuses on the longitudinal develop-
ment of Guatemala's Indian policy, but also asserts
that the level of institutionalization has an affect on
the state's ability to formulate and implement policy
am, therefore, concerned almost exclusively with
describing and explaining the role of the
Guatemalan State in creating the kind of national
Indian policy-making labyrinth that developed from
the Spanish colonial period tothe end of the Arbenz.
administration in 1954, Mote specifically, Iwill sek
{o answer the following questions: 1) Wheat types of
policies were developed and why? 2) Weretthere any
sigaificant variations over time in the state's policy?
3) IF so, what prompted these, and who were the
principal actors? Finally, 4) What were the histori
cal sequences of these policies?
‘Where pertinent, Iwill discuss both the parallels
and significant differences between the Indian
policies of Guatemala and the United States. This is
necessary in order to hegin an underexplored re-
search foctis on comparative public policy analysis
which at Teast offers the possibilities of theory build-
ing. Icis certainly true that there are fundamental
socio-economic, legal, constitutional, and other cul
tural as well as structural differences separating the
Indian tribes and state policies of large indust
ized nations and those of Central and Latin
American countries. Nevertheless, these differen-
es, as much as the similarities, may actually help us
understand the different types of policies developed
ina given nation
v718
Because of time and data contains this article
‘concentrates only on the transformations and con-
tinuations in Guatemalan Indian policy and docs not
treatin detail the history of the Indian communities;
this would be impossible given the great diversity
among the groups and the structural consteaints of a
small article,
What Has Gone Before
Dr. Antonio Goubaud Carrera, Director of the
National Indian Institute in 1947 seid that
of the various peoples of the Western
Hemisphere, with the exception of those in
the United States of America which have
been studied systematically, the
Guatemalan Indians appear to offer the
greatest amount of available information
both published and unpublished about their
psychology.”
In addition, a variety of other studies have focused
‘on Indian municipal organizations,’ Indian cultural
adaptations tg national activities and oa native
depopulation.” Most of the available scholarship,
however, has focused primarily on Indian labor, par
ticulary'as it relates to export crop production of
coffee, among other items.
Hence, while the available data provides excel-
lent information on selected periods or specific so-
ial, economic, and politcal policies and laws, there
remains a pressing need for a comprehensive public
policy analysis identifying and explaining the factors
ascociated with the Guatemalan state's policy arien-
{ation over time and the impact of these changes on,
the indigenous people.
Method Of Study
This isa longitudinal study, This approach does
not presuppose that Guatemala’s Indian poli
‘evolved in a linear fashion, Linearity too often im-
plies consistency, uniformity. Policy development,
as [suggested atthe outset, s anything but uniform,
However, [ argue that the historical sequence is a
valid and necessary context to ask haw particular
policies are formed and how they relate to one
another. Why attempt to cover such a large time
frame? Because while cross-sectional public policy
studies like Emma R. Gross’ Contemporary Federal
policy Toward American Indians (1990) have merit,
without the broad historical context one is ofien
handicapped in trying to ascertain how and why
policy changes actually da occur. The evidence will
be presented in four unequal time periods: 1) 1532-
1821; 2) 1821-1871; 3) 1871-1944; and 4) 1944-1954,
‘Three levels of policy willbe evident. The first level
includes those fundamental ideas or tong term
policies that influence the governments actions for
extended periods of time. The guiding principles
pursued by the government during a limited period
of time constitute the second level. These may or
may not be specifically elated (o fist level policies.
‘And finally, the third level consists of the rules and
procedural practices (management) laid down by
government administrators (o effect accepted
policy.
‘The year 1956 is an appropriate ending point
because events in that year signalled an abrupt end
to the democratic inroads that began in 1944, Presi
dent Acbenz’ ceform programs, including redisteibu-
tive policies which returned vast acreage topeasants,
“struck hard atthe local business and landed elites,
of such US, interests as United Fruit, at the
‘containment’ orientation of US. cold war foreign
policy, andby democratic example at Guatemala's
neighboring dictatorships.""? By 1954, the Arbenz
government, faced with staunch apposition from the,
Eisenhower administration, was overthrown by, &
CIA organized and financed "Liberation Army.’
The developments during this last ten-year
period were just beginning to alleviate partiallysome
of the economic and political problems that had
historically plagued Indians, But as Handy
described it:
(Oke governments that followed (after
1954) reversed many of that decade's gains
and subsequently did little to disturb the
twaditional, rural power-holder’s control
cover Indian labour and the vast bulk of the
agricultural land.!*
Hall more forcefully noted recently that the High-
land Mayan Indians are facing the most systematic
aasseult on their traditions and culture since the
Spanish conquest."*
1532-1821: "The Colonial Legacy"
Spanish colonial Indian policy until the inde-
pendence of Guatemala in 1821 was characterized
by 2 strange admixture of policies. On the positive
side, the Spanish crown, often spurred by loyal
Spaniards, faithful Catholics, and by dedicated
priests like Bartolome de las Cases, promulgated a
series of enlightened, if frequently ignored, laws to
goveen the relations between the Spanish and the
Indians. On the darker side, the crown and colonial
administrators created a host of longand short term
policies that literally devastated the indigenous
populations of Guatemala,
Felix S. Cohen, author of several important ar-
ticles as well as a book on North American JndianLaw and Policy, has described as “striking” the fact
that ia the history of Spanish America the "oppres-
sion of Indians bas come from local neighbors and
officials and belp bas come from 2 far-off central
government.” Cohen attempted to explain this dis-
parity by concluding that
perhaps it is easicr for legal ideals to lve in
4 place far enough from the facts to which,
they are applied so that perspective in
judgementis possible and long-range values
are not sacrificed to immediate, pety ad-
vantages."
‘The Spanish military conquest of the Mayans is
wellchronicled.!” But from the start was clear that
Spanish efforts were more than just a remarkable
military exploit. As Lewis Hanke nated, ¢ was also
‘one of the greatest attempts the world as seen to
make Christian precepts prevail inthe relations be-
tween people." The Spanish crown realized the
necessity of establishing laws to govern Indian rela-
tions and, while recognizing, from a great distance,
the fecedomof the Indians and their right humane
treatment, concluded that the Indians must be sub-
jectto coercion. ‘The Jaws of Burgos, the first com-
prehensive code of Indian legislation, were
pronounced December 27, 1512. They furnished the
‘most complete statement of how the crown per-
ceived its relationship with the Indians. These laws
covered an extensive array of subjects and officially
validated the encomienda system which had Grst
‘been used in 1503,"
‘The encomiends, simply tated, was the transfer
of the Spanish crown's right to ttibure to an in-
dividual (excomendero) asareward for servicetothe
crown” Eacomicndas were liberally extended (0
Alvarado and his conquistadores and large numbers
‘of Indians were reduced to slavery. Many Spanish
tradesmen voiced theie displeasure at being ex-
cluded from a share of Indian slaves and pestered
the local authorities until they too received a grant
‘of Indians. This adjustment in Spanish palicy "only
united the Spanish in their desire to perfect their
control of native workers as the economic base for
the life af the colony."
The crown government, realizing the ineffec-
tiveness and unenforceability ofthe Laws of Burgos,
made another attempt in the early siateenth century
to eurb the conquistadores power by drafting a
manifesto or "requerimiento” that was to be read to
the Indians, giving them an opportunity to submit to
the church’and crown. Ostensibly, ifthe Indians
submitted they were not to be attacked. While Al
vvarado and his soldiers did proclaim the manifesto,
icwas read in such a way that the Indians never fully
understood its implications.
‘The Indians of Guatemala, experiencing death
and destruction from both diseases and wars vented
their ragein at ieast twelve major, iffulle, rebellions
during the colonial era.’? In the meantime, Pope
Paul IL, issued a Papal Bull, Subfimus Deus, on Sune
9, 1537, which proclaimed that Indians were indeed
“aly men’ entitled to liberty andthe possesion of
thir property. Despite this pronouncement, aless
ethereal, more regionalized policy was still needed
for Guatemala: ane that would regulate and resur-
reat erowm control over Indian labor. This was
secured in 1543 when Spain's emperor, Charles V,
promulgated the New Laws. The New Laws con-
stituted the last policy experiment of the first half
cencury of contact, although ther effects would have.
lasting consequences for Indian/Ladino relations.
‘While this policywas being implemented, amost
significant intellectual and moral inguiey was to take
place. in 1550 at Valladolid, Spain between two
[prominent Spaniards Bartolomé de las Casas and
Juan Ginés de Septlveda, on the justice of the
methods used by Spain to broaden its terctorial
acquisitions, Although Pope Paul It had declared
that Indians were "men," there was still a serious
question whether this status exempted them from
slavery under Aristotle's orginal doctrine that some
men were natural slaves Ta other words, forthe
Spaniah, since Indians werenot Christians, werethey
siillentiledto thesame rightsand privileges enjoyed
by Christians?
Aristotle's assertion of “natural slavery"
provided the rationale behind many important
Spaniards’ belief that Indians could be lawtully
enslaved, There were others, however, who were
uncertain about whether this theory’ of natural
slavery should apply to the indigenous people's of
the New World. In the end, despite las Casas’ ejec-
tion of Sepaiveda's view that the Indians "were aa
inferior humanity condemned to serve the Spacish”
there was ap clear publi policy decision issued by
Charles V2" Hanke asserts that the most likely
reason for this non-decision Was that the Crown
probably sought to achieve a compromise berween
the G0 opposing forces in the hope of avoiding g
feared revolutionif.Las Casas view were adopted.
The New Laws, as a broad policy statement,
contained rules and regulations for both the en:
comienda and reparinsiento (an allotment of Tn
dians) systems, and facilitated the Spanish crown's,
agreement (0 the church's policy of reduccfy
(removal of Indians to concentrated towns)”
‘These were the three dominant colonial institutions
that severely impacted the Indians of Guatemala. A
brief examination of these, in reverse order, is ap-
propriate.
19Faced with disease and enslavement, many In-
dians fled to isolated areas for protection. This
dispersal made the Church's job of converting the
Indians extremely difficult. Consequently, in 1542,
the Dominican priests, supported by civil officials,
began a system of roundups" to place the captured
Indians into townships.” The priests stressed chat
this reduceién was a means both to help stop illegal
oppression of the Indians and to assist in conver-
sion." What it meantin real terms, however, was (be
permanent las of Indian land because Spanish resi
dents would claim the vacated lands, Between 1543
and 1600 the remaining Mayan, population was
gathered into 700 such Cownships. The reduccidn
Program benefitted virtually all Spaniardsthe
‘Church, crown, etcomenderas, and plantersand it
made easier the repactimiento system of rotating
Indian labor allotments from the concentrated In-
ian illages.
Reduccisn is in some ways comparable to the
policy implemented by leading Puritans ofthe Mas-
sachusedts Colony during the mid-seventeenth con-
tury which established "Praying Towns’ for the
natives who had converted to Christianity, These
segregated and extremely rigid tribal compounds
were designed to both "protect” the resident Indians
from theie “hostile” kinsmen, but more importantly,
were social experiments facilitate the forced con-
versiog and assimilation of the Indians to Puritan
ways.
Repartimiento
The repartimicnto system, which was the
prinary institution of colonial control over the In-
dian lasted until the last years ofthe 1700s. Initially,
the term "repartimiento’ meant 2 rotation system of
forced labor in which one-fourth of the Indians of
cach town were required to work for theit Spanish
employer.™ ‘The Indians were to be paid a small
salary, and they were fo be employed for no more
the encomicnda, had well-defined regulations that
were designed to protect the Indians from abuse,
However, they were regularly ignored by the planta-
tion owners and by Spanish administrators.” By
comparison, in the United States, @ forced labor
policy was in effect from 1874 to 1913. During this,
period “able-bodied male” Indians were forced to
engage in compulsory labor before they could
receive their treaty entitlements.” Cohen referred
to this as a “remarkable enactment," coming nearly
nine years after slavery and involuntary servitude
‘were ostensibly ended with enactment of the Thir-
teenth Amendment.” As late as 1913 the Commis-
sioner of Indian Affairs, Cato Sells, wasstill asserting
that able-bodied Indians were required to"donate a
certain number of days labor each year" to help
‘construct roads in Indian country.
Encomienda
‘The historical background of the encomienda
arrangement has already been discussed briefly, By
the late 1300s, however, maay of the original ca-
comenderos had lost control of their grants because
newly accived Spanish immigrants more closely con-
nected to the governor received preferential treat-
ment, Furthermore, most of the grants extended
during this time were. in conjunction with cacao
production The encomienda gradually became
less important and by the 1600s the system of private
Spanish control over the Indians had basically col
Japsed."” Why? In part because on the death of the
second inheritors personal encomiendas reverted (0
the crown, Moreover, the continuing decline of the
Indian population and crown interference may also
hhave contributed to this institution's fall"
Besides the three related institutions discussed
abovereduccién, repartimiento, and encomien-
daanother important policy development was
crafted in the mid-1500s. Alonzo Lépez Cerrato,
second governor of the Captaincy General of
Guatemala, was intent on returning power over local
affairs to traditional Yadian leadership. Cerrato
‘reated a formal governmental structure for Indian
towns patterned after a Spanish town council, The
government of each Indian town "was to be com-
posed to two alcades (mayors), four regidores (town
councilmen), and an eseribano (clerk) all chosen by
the principales.”
Thus, the beginnings of the duat system of ocal
governmentan official ayuntamicoto (municipal
overnment) modeled after the Spanish town coun-
cil and formally responsible to the Spanish cor
regidor, and an indigenous political structure
composed of the principales, the shamans, and their
lieutenantsbecame institutionalized® In certain
villages, the traditional village chiefs were elected to
the ayuntamiento, But in cases where Ceaditional
authority had been undercut by Spanish interference
and cooptation, battles oceasionally developed be-
tween the village chief and the ‘elected’ ayuntamien-
to, Eventually, the battle was won by the elected
leaders which further undecmined Indian
solidarity
‘This system of dual government is all the more
interesting when placed alongside the development
of the constitutional governments tribes in the
United States cauld choose ¢g adopt under the 1934
Indian Reorganization Act." Not sueprisingly, inboth cases a dynamic person stepped forward in aa
effort to return some degree of power aver "local’
tribal affairs to tribal leadershipfohn Collier in the
‘United States and Alonzo Loper Cerrato for the
Guatemalan colony. There was, however, a major
difference in the two policy developments. Unlike
the Guatemalan situation where both local govern-
ment villages and “elected” leaders were legitimized,
inthe United States once a tribe adopted the Indian
Reorganization Act and secured a secretary of Inte-
rior approved constitutional government, any
preexisting tribal govornmental institutional struc-
tures were nullified."
Spanish powerin Guatemala crestedin thecarly
seventeenth century. The wealth of the region
derived from cattle, sheep, agriculture and tribute
was baged on the systematic exploitation of Indian
labor.™” With the demise of the encomienda system,
new institution was created €0 control Indians.
According to Chester Jones, the
most successful of the experiments to avoid
the spirit of the New Laws were neither
those affecting Indian lands nor those fore:
ing excess production, They were instead,
the measures extending use of the man-
danvieato and the practices which late be-
came the institution of debt peonage.*
These two systems have bese fully described and
documented by MeCreery,” and will be discussed
below.
By the mid-1750s colonial Guatemala appeared
to be two distinct societies in one: city and town
dwelling Catholic Spaniards and creoles (Spanish
descendents born in Guatemala) who owned private
plantations of sugar, indigo, caczo, and other crops,
and Indians residing in rural villages with a revived
hierarchy, imbued with a strong sense of
autonomy.” However, the Bourbon Spanish crown
soon introduced a series of reforms to resurrect
‘erown authority and to raise taxes and tribuce to
support Spain’s defense against Britain! The In-
dians felt these reforms as increased tribute
‘demands and additional Spanish inteusion in local
affairs. [nevitably, these encroachments
foreshadowed additional revolts* which continued
sporadically until independence in 1921.
Despite the persistent and systematic oppres-
sion of Indians in Guatemala during the colonialera,
two elements helped partially protect them: crown
laws and a generous land base. The Spanish kad
maintained vacillating views regarding Indians. On
the one hand, they realized that Spanish prosperity
in the New Word depended on Indian labor; eon-
versely the cow was alo the Indians legal gar
Thus, the crown issued numerous
proclamations to protect Indians, to some extent.
‘While they were often violated or ignared complete-
ly, they at times provided a semi-solid legal founda-
tion upon which some Indians were able to protect
their lands. Unfortunately, the postive colonial
decrees and the once generous fand base did not ast,
‘whereas, the clement of forced Indian labor was
tenacious and extended far beyond independence,
Tn the United States tribes also had received
statutory protection and retained a sizable land base.
The distinctive feature, however, of the U.S.? This
‘confirmation of tribal sovereignty, although often
neglected, separates the U.S. from Guatemala in a
fundamental political way. It would be a separation
that would oniy broaden, intermittently, with time.
1821-1871: "The Eye of a Hurricane"
Jonas and Tobis have pointed out that a large
segment of creole planters, particularly indigo
growers, began fosee that independence from Spain
‘was the "only way of eliminating the impediments
such as regulations on the treatment of India labor,
burdensome taxes, and state monopoly on trade."
But even after political independence was achieved
in 1821 it failed to bring the prosperity Guatemalan
creoles bad expected. Alehough there was a brief
surge of economic activity cesulting from a tem-
porary revival of indigo exports and an influx of
capital from opportunistic foreign investors, the
Guatemalan economy soan stagnated. As a result,
the demand for Indian labor dropped. The fledgling
government ended Indian slavery. And cepar-
timiento, now seferred to as mandamiento slowed
considerably:
‘By 1825 the Guatemalan government sensed the
need for an infusion of foreign colonists to spark the
struggling econo, To facilitate this, the legislature
passed land acts in 1825 ane $829 that called forthe
public sae oficrrasbaldias™ and the eventual con-
‘eyanee of communally held land to private owner-
ship” The liberal regime of Mariano Galvez
(1831-1838) was a period when Tndians were forced
off any land they could not prove ttle Co, regardless
of theie aboriginal claims to the area, The primary
beneficiaries of these legislative acts were Ladino
landowaegs andthe increasing population of foreign
investors Widespread protest by the church and
Indians forced the legislature to modify this harsh
npolicy. As a compromise, the government allowed
Indians who had worked the land ¢o obtain ttle by
paying 2 substantial fec. Poverty stricken Indians,
however, could rarely afford the government's price
and were subsequently removed. Indians who
refused to leave their lands or pay the exorbitant fee
were arrested and could be sold as indentured ser-
vants.
Policy developmentsin the United States during
this period reflect a similar process entailing land
acquisition and forced removal. The devastating
‘Trail of Tears following enactment of the Indian
Removal Act represented one of the darkest mao-
ments in US.-tribal relations.
While the sale of tierras baldias certainly
brought in badly needed money to the Galvez ad-
ministration, it was inadequate, Galve’s “liberal”
policies required large expenditures for salaries,
development of transportation facilities,
bureaucracy, and incentives to farmers to diversity
production, Subsequently, tax measures wer
duced in 1838 (0 raise additional revenue. As in the
case of the sale of communal and, the tax measures
fell heaviest on Indians. Handy reports:
In rapid succession the liberal government
imposed a direct tax on individuals, a land
tax to replace the abolished tthe, plus taxes
‘on meat and.,.certain crops. Many peasants
unable to pay these taxes lost their lands or
were forced into labour for local land-
‘owners, The most onerous and contentious
‘of the governmental ax measures, however,
were the charges against the community
funds. These village funds had been an
portant element in ensuring the security of
the community and had long been con-
sidered sacrosanct.
‘The community funds, generated by the Indians
from their awa labor, were a special savings account
set aside by the Indians for family ot village emer-
gencies. Galver' effort to tax these funds generated
‘appasition from several ofthis liberal cohorts, ike
Jose Francisco Barrundia and Dr. Pedro Molin.
‘Nevertheless, Galvez, desperate for money, pushed.
this measure through.
A Conservative counter-revoltion, led by José
Rafael Carrera, overthrew the Galvez government in
1838. Carrera, only 28 years old atthe time, Rad the
strong backing of the church and had secured the
passionate support of many Indians who were in-
‘ited by their priests. In fact, “in the early days (the
priests) assured the Indians that he (Carcera) was
their protecting angel Rafael, and (the priests)
resorted totricks to favor the delusion.“ Bytheend
‘of Carrera's 27-year reign (1865) he had revoked all
of the liberal legislation of Morazan and Galvez. He
abolished civil marriages, returned the tithe to the
‘church, restored monasteries, and in 1844 welcomed.
bback the Jesuits who had been evicted by Galvez
With regard to the indigenous population,
‘Catrera’s years were much les insidious than those,
‘of this predecessors. Although he legally set in mo-
tion a levy of forced labor from cach Indian village,
this system was rarely enforced. Infact, during most
of his regime, government inaction reflected
Carrera's concern for protecting the integrity of
local Indian communities and theie lands. The In-
dian population, having been strafed by diseases,
‘wats, and the crippling “liberal” reforms under Gal
ver, took advantage of this brief respite to con-
solidate its situation.”
Thus, Carrera's administation basically ad-
hered to & laissez-faire approach regarding Indian
economic affairs. Nevertheless in the late 1830s a
significant organizational change crystallized what
vas (0 continue in force for aver a century: the
development of separate governmental institutions
for Indians and Ladinos, This system consisted of
an Indian town council based on the ciil-religious
hierarchy, and a sgparate ayuntamiento for the
Ladino population
‘A governmental decree. on October 2, 1839 es
tablished the basie framework of regional and ton
governments. The departments were placed under
the supervision of a presidentislly appointed cor-
regidor. This individual was responsible forthe en-
forcement of national laws in his jurisdiction, and
also for the execution of certain local assigaments by
the municipalities. With the division of the town’s
government into (wo distinctive spheres, the Ladina
ayuntamiento returned to its traditional format of
tw alcaldes, four regidores and a sindico. The for-
‘mal Indian governmental structure (municipalidad
indigena) was organized similarly. This [adian unit
was chasen each year by the indigenous political
leadership. Interestingly, the Indian municipality
trad its own courthouse, jal and treasury. Meetings
were held separately as well The most noticeable
feature ofthese parallel decision making stitutions
between the 1830s and 1879 was the duality and
mutual autonomy of each ethnic group in the com-
munity.
Thus, during this second historical period there
‘was a significant diminution of openly destructive
state policies towards Indians. Nevertheless, as
Hawkins reminds us, “the poriod between inde-
pendence and the cefocm of the 1870s was still
restrictive upon the Indians. While there may have
been some slackening of the demands imposed on
the Indians as the dye-stuff industry withered afterthe discovery of aniline dyes, the rise of coffee quick-
ly brought on new demands!”
1871-1944: "The Colonial Legacy Revisited"
‘This 73-year pariod was characterized by the
operation of al three levels of policy described in the
introduction. In other words, during this era, the
three most prominent dictators, Justo Rufino Bar-
ig (1873-1885), Manuel Estrada (1898-1920), and
Jorge Ubico (1931-1944), each established or sane-
tioned both shart and long term policies and ereated
impressive procedures and rulestoimplement them.
section will focus on several aspects of this
critical period suggested by Antonio Carrera in
1950. These are: 1) the introduction of large-scale
‘commercial planting of coffee and sugar, made pos-
sible by indentured Indian labor; ) the massive ex-
propriation of communally held fadian lands; 3) the
establishment of elementary education in urban and.
rural areas of Indian and non-lndian population;
4) the continued repression of Indian cultural
values; and finally 5) the loss of community self
government.”
‘in 1871 the merged forces of Miguel Garcia
‘Granados and Justo Rufina Barrios overthrew the
Conservative regime and assumed power, What
prompted this Revolution? David McCreery asserts
that it"grew out ofthe struggle to control the profits
and production of coffee...” Coffee, in essence,
provided the "motives, the wherewithal, and the
ideological justification to challenge the incumbent
regime.” Although the government ad recog-
nized coffee’s potential as early as 1845," it was the
Barrios regime that most actively promoted coffee
calture.
‘The coffee “culture” had arrived because fist of
all, it could be grown throughout much of
Guatemala. Furthermore, the price of coffee was
relatively stable in the early 19870s, thus atracting
additional growers. As it began to be produced
widely it affected a large segment of Gugtemala’s
population, and dominated economic life,”*
With the ascension ofthe eaffee economy there
‘arose parallel demand for labor to wark te coffee,
plantations. Barrios, who believed that the Indian
“should be a humble, obedient, inexpensive
laborer,” proceeded to engage directly in worker
recruitment to enforce debt contracts and to force
Tadians and other rural poor ina labor debts. Bar-
tos and the coffee planters considered such forceful
ary because most Indians had an ex-
ike forthe hot and humid coast and fear
had "litle need of or desire for wage labo
Undaunted by the Indians physiological,
economic, or ideological rationales for refusing to
work coffee fincas, the Barrios regime by 1880 bad
established laws that devastated Indian lands,
freedom, and self-government. These included:
1) the expropriation of Indian land in 1873;7”
2) enactment of a Rural Labor taw in 1877
that reestablished mandamientos (forced
labor drafts modeled after colonial repar-
timientos);”
3) establishment of habilitacfon (wage advan-
es), debt servitude, and a vagrancy lawin
1878,” and
4) passage of the Municipal Law in 1879
‘which all but destroyed Indian local
goveramect
Hubert H. Bancroft, an eminent historian writ-
ing in 1887 naively ceported that Barrios “has done
sch o ring about a change forthe better’ forthe
Indians." Bancroft was most likely commenting on
the impressive growth of the country’s economic
infrastructurethe extension of railroad lines and
cloctricity, road construction, development of @ na-
ional banking system, among other develop-
‘mentswithout examining how the goverament’s
policies exploited the Indian population. What were
the effects of these laws on the Indians? The com-
bination of forced labor, debt servitude, forced sale
of village land, and the confiscation of tierrasbaldias
"broke down the autonomy of the highland wllages,
impoverished peasant agriculture and drove. in-
creasing numbers of peasants to labour on the
developing coffee fincas.”
‘The only Barrios decree before 1880 that af-
forded some benefit to the Indians was the estab-
lishment of a Ministry of Public Instruction and the
‘construction of schools at all levels for both Indians
and Ladinos. This decree, enacted on September 6,
1879, acknowledged the “lamentable conditions of
igaorance and abjectness the Indians had been kept
i and provided that at least a gortion of them
should attend the public school
The last wo decades were basically a continua-
tion of state policies that disabled Indian com-
rmusities and individuals. Neaely all the state
legislation centered on Indian labar and export erap
production. For instance, as German based firms
began to settle in Guatemala to exploit caffee, the
national government's Ministry of Development,
anxious t0 control India labor participation, or-
ganized a special court on December 17, 1889 to
force Indians to work on thecoffee fincas, Thiscourt
was replaced a year later by a special agricultural
judge. Apparcnily, this office was inefficient and
‘was abolished in 1991.
Nevertheless, the role of foreign investors,began during this period, would have a devastating
and long term impact on the indigenous people and
their culture, the development of Guatemalan In-
dian policy, and ultimately would be part of the,
catalytic. agent that prompted the United States’
overthrow of the Arben2 cegime in 1954. Wit avid
government support, German coffee produces avid
later the United Fruit Company, which established a
‘hugh banana plantation, exploited Indian lands and
labor through the use of various methods including
mandamiento, debt-bondage, and vagrancy laws.
This unleashed forces which Brought "about impor-
tant changes in the indigenous economy of the High
landsa process af change which has been continuous
tour day:
Mandamientos for agriculture, established in
1877, were terminated in 1893 because the govern-
rment had evidence that coffee exports had leveled
offin recent years while each year agrowing number
‘of indebted Indians migrated to the coast. A limited
version of mandamicates (one time harvest only)
were resurrected, however, in 1897 when a wave of
political refugees entered Guatemala, seriously dis-
rupting the export economy.” In 1854, a year after
‘mandamientos were ended, 2 new national labor law,
legislative decree 243, was enacted. Its intent was to
ensure a steady supply of Indian laborers to the
coffe plantations "by indicect means which should
fot be in conflict with the freedom of labor.”
Under this decree, an employer had the right to
exercise coercive measures against workers who
failed to meet their obligations. Indians who
absconded or otherwise failed to work were cither
forced torcturn othe fincgor were sent towork with
a Compaay of Zapadores.™
The election of Manuel Estrada Cabrerain 1898
(where he would remain until 1920) to the presiden-
cy signalled na major change in state policy toward
the Indians. In fact, like Porfirio Diaz, Estrada
believed in development on the basis of Indian labor
and foreign investors. Furthermore, under Cabrera
the assault on Indian communal lands continued on
"various extralegal pretexts..."” ‘The Cabrera era,
marked by corruption and repression, oversaw the
continued impoverishment and malnutrition of the
indigenous population. The capacity af Indian com-
munities to be self-eproductive was crippled by
their decreasing land base, the continuation of debt
‘pconage, mandamientos, the coatiaued loss of local
politcal leadership positions to Ladinos, and ather
policies that undermined Indian cultures.”
The period from 1920, when Cabrera was
deposed, until the beginning of Jorge Ubico’s die-
{atorship in 1931 is almost devoid of any important
legislation or policy regarding Indians. There were,
however, two developments that warrant some at-
tention. The first occurred on June3, 1927 when the
traditional Indian political system and the formal
political institutions which supported it was finally
ended. The dual municipality structure had not, in
fact, been dual since the Municipal Law of 1879
paved the way for Ladino contrl of the mos impor-
tant functions of municipal government." The
second development centered around the
Zapadores, which, by an act of September 1, 1930,
consisted of a special set of army battalions specifi-
cally composed of Indians from designated
townships. The fodians had to serve two years of
rilicary duty; and in peaceful times they were
responsible for road construction and m:
tenance.
Torge: Ubico, who served as President for thit-
teen years until 1944, combined fiscal orthodoxy and