The situation of Catalonia in relation to Spain can be compared to a marriage in which each member has their own interests but must reach an agreement: separate or stay together.
To understand the present of the Catalan claim (in seven years pro-independence sentiment has tripled) it is necessary to know (some of) the past.
The Kingdom of Spain emerged after the War of Succession (1701-1714) when the death of Charles II without progeny generated a conflict between the two Crowns to decide the successor. Castile supported Felipe de Borbón (the future Philip V of Spain) while Aragon proclaimed Archduke Charles of Austria as king. The Crown of Aragon (formed by the kingdoms of Valencia, Mallorca, Aragon and the Principality of Catalonia) was defeated and, as a consequence, its regime of regional law disappeared and the absolutist and centralist reign of the Bourbons was established. All this was reflected in the Decree of Nueva Planta. Signed first in 1707, ironically, it set Spain’s dominant constitutional theme ever since.
After brief periods of autonomy, General Franco’s victory in the civil war brought a ban on any assertion of Catalan identity. His death (1975) marked the end of his dictatorship and the initiation of a transition towards democracy in which the first democratic elections were held. The Parliament approved the drafting of a Constitution agreed by most of the Spanish political forces. Once the Constitution was approved (6 December 1978), the adoption of a Statute of Autonomy for Catalonia (L’Estatut Català) was processed.
In 2003 the president of Catalonia, the Socialist Pasqual Maragall, launched the reform of the Statute of Autonomy (1979) in order to increase the levels of self-government (particularly in fiscal and economic issues) and bring them into line with other autonomous communities such as the Basque Country and Navarra (Fiscal Pact).
In 2006, this was agreed by the Parliament of Spain. This reform proposed, among other things, that the Catalan government should have its own tax office, which could collect more taxes and redistribute wealth independently of the Spanish State. However, in 2010, the Constitutional Court rejected the Statute’s reform.
This caused deep discontent and Catalans began to mobilise to get independence. The following years were marked by protests and appeals.
Catalonia and the courts
Due to this popular demand, last year, on 9 November, a consultation about the independence of Catalonia was convened. However, this process was not a proper referendum and had no legal effects. The central government declared the act as “illegal” and unconstitutional (Article 2).
Given this, the Catalan courts called new elections for 27 September 2015. Junts X Sí (formed by pro-independence political parties CDC and ERC, together with the civic platforms ANC and Omnium) won most seats in the Catalan parliament.
On 9 November, political groups promoting Catalan independence – Junts pel Sí (62 seats in the Parliament) and CUP (ten seats) – combined their votes to get a majority. The Parliament of Catalonia (a single chamber of 135 members) has thus approved steps towards the independence of Catalonia from Spain (“disconnection”) set out in a “solemn” declaration.
The Madrid Government rejected the Catalan initiative and urged the Spanish Constitutional Court (TC) to prevent the motion being enacted as it is considered to be unconstitutional by violating the unity of the Spanish State. Three weeks before the forthcoming and critical general election (20 December), TC ruled the declaration of independence of Catalonia illegal and declared it invalid.
Given this, I wonder, is the drive for the independence of Catalonia simply an act of defiance against the government of Spain or is it the (legitimate) beginning of the dismemberment of the Spanish state as we know it? Would it not have been much fairer to allow the right to a referendum as the UK government did with Scotland (the Edinburgh Agreement of 2012), with the Scottish vote taking place on 18 September 2014?
The first article of the International Covenant on Civil and Political Rights of 1966 (enacted by Spain 1976-77) protects the right of all peoples to “freely determine their political status and pursue their economic, social and cultural development.” It adds that “the states parties to the present Covenant shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations”.
Furthermore, the UN General Assembly adopted a statement on the recognition of countries and peoples on December 14 1960, which invokes the right of self-determination.
Forks on the constitutional path
The Catalan issue is a crucial element of an historic crossroads where governments, political parties, the Spanish Royal Family, and the confidence of society in their leaders are all at stake.
The Spanish democratic state was born of the pact between the Francoist elites and moderate opposition to the dictatorship and now this has been put into question: a total reform of the Spanish Constitution, which is anchored in the Francoist past, is necessary.
It is clear that Spain cannot financially afford the independence of Catalonia because this would result in the direct loss of the 20% of GDP provided by the Catalan economy to Spanish government coffers. On the other hand, new questions about the viability of Catalan independence arise.
But beyond that, the Spanish government should let the citizens decide freely and not put up any more barriers in the way of conducting an independence referendum. Democracy means freedom: the right to freely decide what you want to be, whatever the result may be.
A democracy cannot systematically ignore the opinion of those who do not feel identified and want a change. It is not democracy, however, when you want to act outside the law.
Either way, there is no policy dedicated to building relationships, to talk and be open to a reform or revision of the conditions under which Catalonia is part of Spain. And how long can the argument of unconstitutionality be sustained when parties such as PSOE (social democrats), Podemos or IU on the left, among others, have already expressed their intention to modify and adapt the Constitution to this new era. In 37 years there are new issues to address. For example, it would be necessary to include more control over the inner workings and funding of parties..
To revitalise Spain’s constitutional democracy, it is necessary to modify the territorial organization of the regions so as to reinforce the characteristics of the autonomous federal state and create a balanced and effective regional financing model – absent so far.
I understand Catalan sentiment and desire for independence. As I said, as a citizen the right to self-determination is inalienable.
However, I think that now is not the correct time for Catalonia to become independent. In my view, CiU (with Artur Mas as president) did not take a clear pro-independence position before. In my view, CiU joined the independence cause to mask its disastrous economic management of Catalonia. Its public debt has almost doubled (€35.6 billion to €64.5bn) in four years (2010-2014) and now Catalonia is the region with the highest debt (though not as a proportion of GDP).
If Catalonia became independent, its debt would be shared among the other autonomous communities, so I do not favour Catalan independence at this time. However, if it repays its debt, I would back down if Catalans chose independence via a referendum.
Photo: Pere prlpz (Own work) [CC BY-SA 3.0
Leave a Reply