The Catalan Crisis Was Born in Madrid
October 30, 2019
Last April, I wrote a piece on Spain’s general elections in which I stated that the elections would produce no winners, only losers, as a result of the lack of dialogue and will to reach agreements. Unfortunately, I was right. Six months after that article was published, Spain is holding a new general election and the Catalan issue is as heated as ever.
On Oct. 14, the Spanish Supreme Court sentenced nine Catalan political and social leaders to between nine and 13 years of prison after being in pre-trial imprisonment for two years. The judges found that the referendum on Catalonia’s political status held in early October 2017, and the protests that took place prior to it, were illegal under Spanish law, and decided to convict the leaders under charges of sedition and embezzlement. The verdicts sparked massive protests in Catalonia, and thousands congregated in Barcelona’s international airport El Prat-Josep Tarradellas to show their condemnation of the sentence. The following days also saw several protests in the streets of Catalonia and a general strike on Oct. 18, followed by 525,000 demonstrators in Barcelona alone.
The ultimate root of these civil uprisings? The leadership vacuum created by the Spanish and Catalan governments, which both refuse to lead the people of Catalan away from this crisis. Catalan civil society has taken on this leadership role but is managing the situation with no clear purpose. On the other hand, as a result of the unsatisfactory and unclear response of the Spanish government, the police have been left with the responsibility of responding to the protests, often in a disproportional way, which has generated a lot of controversy.
As of mid-October, there is a tense equilibrium between the police and civil society which is often broken by violence at night. It is clear that in this situation only politicians have the power to reduce tensions through dialogue and negotiation. However, the key to understanding the political unresponsiveness in Catalonia is that Spain is holding general elections on Nov. 10, which explains the lack of accountability in the face of the Catalan crisis.
What many people seem to forget is that the Catalan crisis was born in Madrid. We are not in front of a Catalan problem. What Catalans demand is no different from what Scotland demanded some years ago, and in their case the UK agreed to hold a referendum. Therefore, the difference lies in the response of London and Madrid to their respective territorial crises. In other words, the problem is not that Catalans want to discuss the political status of their territory. In fact, the principle of self-determination is embodied in the first article of the UN Charter. The problem is that Spain cannot afford to hold a referendum in Catalonia because it is not politically and socially ready to reform its Constitution.
Unlike other European countries with a recent history of fascism, Spain has not yet come to terms with its past. Many topics like those concerning former fascist dictator Francisco Franco are still taboo, as seen recently when many far-right individuals expressed their discontent after Spanish President Pedro Sánchez announced the tomb of the dictator would be moved from its current memorial location. What this event showed that there still remains a faithful and unconditional support for the fascist dictator in Spanish society. This shameful part of Spanish recent history has never been overcome because fascism actually remained in Spain for 30 more years after World War II, and there has been no forgiveness nor acknowledgment for the abuses and crimes committed during that period.
As a result, the current Spanish Constitution, which dates back to 1978, was heavily influenced by those who had been part of Franco’s regime. Any attempt to reform the Constitution has faced rejection from the most conservative segment of Spanish society. Thus, when the Catalan pro-independence government asked Madrid for a referendum, the response was that the Constitution did not allow any territorial changes and therefore refused to negotiate. Unfortunately, policymakers in Madrid have not yet realized that what weakens the Spanish Constitution the most is, in fact, viewing it as a rigid legal document. This immobility has turned the Constitution into a source of illegitimacy and underrepresentation among Catalans, as they feel Spain’s supreme law has no space for their aspirations as citizens. It is hard to think that a mature democracy that really believed in its institutions would refuse to negotiate a Constitutional reform and systematically deny the right of self-determination to a territory.
Every year for the past decade, Madrid has ignored Catalans when they took to the streets asking for a new political status. Sadly, it looks like Spanish politicians do not know Catalan civil society enough, or else they would not have ignored the issue for so long. Now they have seen that what started as a few thousands of people have become millions, and what is more, they are organized and convinced of their cause.
What we are seeing is a culmination of more than a decade of escalating tensions around Catalonia’s status in the Spanish Constitution, a story that began in 1978. The last few years have been the consequences of the mismatch between Spain’s political and legal institutions and Catalonia’s political and social realities. And so Spanish institutions remain unable to deliver the policies Catalans need. As a result, it is safe to say this is no longer a Catalan crisis but a Spanish crisis.
Spain finds itself at a turning point. It can welcome the possibility to update its laws and institutions, and finally address past wrongs, or it can remain stuck in a past that no longer exists and deepen its crisis.
Laura • Nov 6, 2019 at 5:29 pm
Yet another article with only one side of story written by pro independency with many lies on it.
Catalonia was never independent, Spain is not fascist and there is no self determination right in the Spanish constitution.
Now go back to early 30s of the 20th century and see what nationalism is able to do.
Catalan independent parties are machines of lying, they have shed hatred over the past 30 years, reason being is politicians gain full power over the Catalan region.The error of Spain was not to put a stop on the situation and even more they have also been culprits of what is happening.
I am just hoping it is not too late to revert back all the pain and division this nationalism has created.
Joana Lladó • Nov 5, 2019 at 12:57 pm
El conjunt de l’article i l’opinió de Joan Pons, perfecte. I afegir que n’estem tips de sentir mentides i de saber la desinformació que ténen i volen tenir l’Europa que ens estimem tant.
Toni Strubell • Nov 5, 2019 at 5:10 am
Absolutely great article. Congratulations. Probably not get praised by Prpe Borrell, who’ll be furious.
Josep • Nov 5, 2019 at 4:10 am
Don’t forget that , Catalonia was a free Nation until 1714, when Borbonic kings invaded the lands, killed their people and since then Catalonia is trying to get their freedom again, Independence is a right , self-determination is a right
Spain is still living in a fascist state
ONU ask for the freedom of the political prisoners , a democratically elected government in jail, with an unfair and political trial, but Spain acts like China or Turkey and rejects to free them all, violating EU rights and laws, and avoiding the ONU resolutions.
Joan Pons • Nov 4, 2019 at 3:23 am
Very good article but three comments:
First the author forgets the main cause of the Catalan protests. The Catalan government followed the constitutional path to have a reform of the existing Autonomy Statute of Catalonia. meeting all the law requirements. The new Autonomy Statute was approved in 2006 by majority vote of the Spanish Congress and as well through a legal referendum in Catalonia. But the very right and conservative Partido Popular didn’t want to accept this new Statute for Catalonia because although it awarded a very limited increase of the Catalan autonomy, they felt it was excessive and that in any case it implied a small decrease of the total centralized power of Madrid, and it wasn’t acceptable for them.
Consequently they appealed the new Statute before the Constitutional Court, whose members are appointed by the political parties and has therefore a very conservative approach. After four years of delay the Constitutional Court gave in 2010 their sentence in which they completely defeated the new Statute legally approved assuming all the criteria of the Popular Party. This was the spark of the Catalan protest, since a group of ten citizens, lawyers of the Constitutional Court had reversed the will of the Spanish and Catalan parliaments and citizens.
Second the Spanish current constitution was not drafted a by a free constituents, on the contrary the constituents submited literally their drafts to the Army that did accept or not the proposals, so the constitution is not the free will of the Spanish citizens but what the Franco’s army accepted. In this sense is well known that the army didn’t accept Catalonia as a nation in the constitution and they obliged to introduce a new word: “nationality” which by the way has been systematically ignored by the Spanish governments.
Third Spain is a typical case of wat the Cambridge book “Authoritarianism and the Elite origins of democracy” states, as is when a democracy comes, not from a revolution o people’s movement but from the interests and will of an elite group, in the Spain’s case the fascist francoism that ruled the country for almost 40 years, the elites make not a normal constitution but one that favors their interests, with typical measures as requiring a very high consensus of the parliament to be modified, and giving privileges to the Army, etc.
For the Judiciary system the same magistrates that the day before condemned people for asking democracy continued on their seats as “democratic” judges according to the new constitution.
In a inquiry of the European Union 70% of the Spanish judges admitted they wouldn’t arrive to the commanding jobs of the judiciary system, because they believe are not the merits and good performance of their jobs that are taken into account to be promoted, but their political proximity with the political parties, mainly the conservative one.
Carles • Nov 3, 2019 at 3:52 pm
In fact, self-determination is a legal right in Spain since king Juan Carlos signed the International Covenant on Civil and Politucal Rights in April 1977. Then it became Constitutional through art.10.2 of the Spanish Constitution (1978). This can be easily check here:
https://www.boe.es/diario_boe/txt.php?id=BOE-A-1977-10733
Reforming the Constitution is not needed to hold a self-determinatikn referendum. A recorm might be nedded to implement its result, but that is a different discussion.
Bernard • Nov 3, 2019 at 9:33 am
Viva la república de Catalunya libre, limpia y soberana.!!!
FF • Nov 3, 2019 at 7:49 am
“which both refuse to lead the people of Catalan away from this crisis.” should be “… people of Catalonia… ” instead?
Great article, thanks. Just wanted to point out that the “leadership vacuum” of the catalan government would be mainly caused by having half of their leaders in jail and half exiled, wouldn’t it? Regarding the same vacuum in the Spanish government, that could be explained by plain ineptness for political challenges.
[email protected] • Nov 3, 2019 at 5:21 am
Thank you, you can not explain better. we hope that the reason will triumph. people like you help a lot. 🙏🏼
David terradas • Nov 3, 2019 at 1:17 am
I am Dvid Terradas and I live in Barcelona. I completaly agrre with this article. I would also add that Spain had a fake transition and we have still most of institutions of the State full of Francisc people who still believe in old times. Catalan people want to change Spain and to become it in a modern country but at same time, we want to take our own way. Visca Catalunya!
Carole • Nov 2, 2019 at 3:37 pm
Very good interpretation of the exact situation.
Now a solution has to be found. All the false comments of mr Pedro Sanchez should stop; it will ad the childish gossip makes things only worse. If Madrid cant manage then let the EU come forward and help to solve the problem.
Gerber van der Graaf • Nov 2, 2019 at 3:02 pm
Good article which I think, as a inhabitant of Catalonia, reflects quite well the situation. I would like to add that the Spanish crisis is also a European crisis. President Carles Puigdemont and four of his ministers in exile are free citizens everywhere in Europe except of Spain. This violates one of the basic principles of the EU. He also has been elected for the EU parliament while he cannot take office. Therefore his, and those of 1.5 million Catalans who voted him, civil rights are violated. If Europe keeps on looking away from this crisis, it will deepen and hurt the EU severely.
Mercè Gil Capell • Nov 2, 2019 at 10:48 am
No s’ha d’oblidar que Catalunya és una nació.
Joan • Nov 2, 2019 at 6:53 am
Brillant!