Vous êtes sur la page 1sur 14

22/7/2017 Notes de context.

Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

Departament d'Afers i Relacions Institucionals i Exteriors i


Transparncia

Notes de context

21.07.2017

Memorandum #38

Spains Interior Ministry used the Police to smear Pro-Independence Party ocials
in Catalonia and the Spanish Opposition

New evidence of ideological and political persecution in Spain has come to light thanks to
the investigative journalism carried out for a documentary entitled Spain - The State's
Secret Cesspit.

On 18 July 2017 the regional public TV channels in Catalonia, the Basque Country and the
Balearic Islands broadcasted this documentary to record-breaking prime time audiences;
no Spanish channel has so far shown any interest in broadcasting it. The hour-long
programme details how Spains Interior Ministry used elements of the Spanish police and
some mainstream media to smear political officials from Catalonias pro-independence
movement and even from Spanish opposition parties like Podemos, in order to serve the
Popular Partys (PP) political interests.

The documentary focuses on the investigative reporting of Patricia Lpez and Carlos
Enrique Bayo, both working for the Madrid-based Pblico newspaper, which led to an
explosive news story on 21 June 2016 about tapes of telephone calls between the then
Interior Minister Jorge Fernndez Daz and the then Director of Catalonias Anti-Fraud
Unit Daniel de Alfonso. The dozens of calls detailed a conspiracy that went on between
2011 and 2014 to fabricate stories against pro-independence Catalan politicians and leak
them to the press in an attempt to discredit those involved with Catalonias independence
vote.

This effort was called Operation Catalonia. Orders went out from the Interior Minister to
different elements of the Spanish police to dig up old cases that could be reactivated and
used against pro-independence politicians such as former president Artur Mas and current
Vice President Oriol Junqueras, amongst others.

As shown in the documentary, despite the conspiracy launched against innocent Catalan
politicians being revealed Interior Minister Fernndez Daz refused to resign, stating that
Spains Prime Minister Mariano Rajoy was aware of everything he had done, and he
remained as minister until the next Spanish elections when he moved from the ministry to
his current seat representing the Popular Party in the Spanish Parliament.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 1/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

This documentary aired the same day that the Spanish Court of Auditors announced it
would move forward with enforcing the sentence of a Euros 5 million fine from a politically
motivated court case brought former Catalan President Artur Mas as one of the people
responsible for the 9 November 2014 Catalan independence consultation. This was
announced by court member Ms. Margarita Mariscal de Gante, a former Popular Party
Minister of Justice.

Given this situation, it is safe to say that no real Catalan problem exists, but rather that
Spain has a serious problem with its authoritarian past and the weak foundation based on
which the current political system was established in 1978. For this reason, Catalonias step
forward should be seen as an opportunity for the Spanish government to rethink its role
and strengthen its democratic system, enforcing a much more rigorous separation of
powers, which even the Council of Europe has ruled as being far from being independent
of political interference.

Therefore, the Catalan government is determined to hold an independence referendum on


1 October, not only giving voice to the 68% of Catalonias citizens that last polls show will
vote about their political future, but also as a means of highlighting the egregious
democratic flaws Spain needs to address.

N.B. Spain - The State's Secret Cesspit can be seen in Spanish with English subtitles via
https://youtu.be/YfxV712m

09.06.2017

Memorandum #37

Catalan Govermment calls an Independence Referendum on 1 OCTOBER 2017

The Government of Catalonia reached an agreement on the date for its self-determination
referendum. The referendum will take place on 1 October and the question will be:

Do you want Catalonia to be an independent country in the form of a Republic?"

Despite the constant refusal of the Spanish central government to seek a political solution
to the demands of the majority of Catalonias citizens, the Government, with the support
of a parliamentary majority, decided to go ahead with a referendum.

All opinion polls show that three-quarters of the Catalan population want a self-
determination referendum, regardless of how they would vote. It is up to the Catalans to
decide on the collective future of their society and the only reasonable way to find out
what they think on such a fundamental issue is by asking them directly. The Government
of Catalonia is convinced of the legitimacy of holding a referendum, as a democratic act.

The Catalan government would like to hold the vote following an agreement between the
two governments, but there is no such desire on the part of the Spanish government. For
this reason, the Catalan institutions consider this to be the only possible route for
Catalonia to decide what the future of its relations with Spain should be. The Spanish

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 2/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

Constitution does not forbid this route, and such an important decision should not be
conditioned by a partisan interpretation of the Constitution. Voting cannot, under any
circumstances, be considered an illegal act.

This June, it will be exactly seven years since Spains Constitutional Court passed sentence
against Catalonias Statute of Autonomy. The approval of the Statute followed a lengthy
process, there was extensive dialogue with the Spanish Government, commitments were
reached with almost all of the constitutional institutions, all of this with a very large degree
of consensus. There was also a referendum, held by common agreement. All of this was,
however, to no avail in the search for a solution. On the contrary, one sole and highly
politicised constitutional institution was sufficient to put an end to the previous dialogue,
commitments made and the agreement reached; furthermore, by court justices firmly
anchored in out-of-date ideals and committed to the agenda of the political party that
today governs Spain. This Court is no better today; by means of an urgent review, the
Court can now impose the summary suspension of elected officials, with no further judicial
process. The reasoned dissent of certain members of this Court and the stern warning from
the Venice Commission against this reform, have been in vain in their attempts to
persuade the Spanish Government to reconsider their position.

Only a referendum can end this situation that has been negative and unsatisfactory for
both parties and has only deteriorated in recent years. For this reason, this step forward
for Catalonia should not be seen as a problem but rather as an opportunity for the Spanish
state to rethink its role and also take a step forward in its democratic system. It is a way of
putting its authoritarian past and the weak foundations of the regime established in 1978
behind it, becoming a model for the defence of its own diversity and a guarantee of
democratic principles within its borders.

Catalonia would like to be a key partner for Spain, whether its citizens decide to remain a
part of it or they choose to become an independent state. But whatever the relationship,
Spain must advance in democratic terms and in the rule of law; it is an unavoidable issue
for its future. This step forward, therefore, represents a triple opportunity: for Catalonia,
for Spain and for Europe.

08.05.2017

Memorandum #36

Catalan Parliament president's persecution continues

On 14 December 2016 Spains Constitutional Court decided to send to courts a case against
Carme Forcadell, President of the Parliament of Catalonia. The case charges that on 27
July 2016 President Forcadell committed neglect of duty and contempt of court by
allowing a debate and vote on the Catalan parliament approving the conclusions of a
parliamentary commission created to study a constituent process that would shape a
future independent state. The study of a possible constituent process is just one option
that was being studied democratically and responsibly by the Catalan Parliament.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 3/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

The charges against President Forcadell stem from new highly politicised powers granted
to the Constitutional Court by Spanish Government. According to the reform, the
Constitutional Court has the ability to go beyond ruling on constitutional issues, and to
execute their own rulings via ordinary courts that can fine and suspend public officials
from holding office for years if they decide they failed to carry out the Constitutional
Courts rulings. This means a serious threat to the separation of powers between the
Executive and the judicial branches of the Spanish government that is the foundation of
the rule of law in Spain.

President Forcadell was firstly called to testify last December before the High Court of
Justice at the investigation phase of the legal process against her. Thousands of people
from civil society accompanied President Forcadell to court, carrying signs that decried the
case as an affront to Catalonias democratic institutions. She stated at that time that it is
her obligation to facilitate democratic debate in Catalonias parliament, since Parliament is
the place where people expect issues of major importance must be discussed. She said
convinced she would do the same again to defend democracy and Catalonias institutions.

On 16 February 2017 the High Court of Justice added a second case against President
Forcadell for allowing a 6 October 2016 parliamentary vote on two resolutions about an
independence referendum, as long as more than 80 percent of Catalans favor deciding
their future through a referendum. 80% of Catalonias citizens support the option to vote
democratically in a referendum on Catalonias future. On this occasion, even the members
of pro-referendum parties that are part of the board of the Parliament have also been
charged of disobedience and called to testify. These parties represent 83 of 135 members of
the Parliament.

President Forcadell had testified again on 8 May 2016 before the same court on the new
charges of allowing a vote on two resolutions defending a referendum in Catalonia. She
requested a postponement because of a lack of sufficient time to prepare her defence, with
less than 7 business days between the summons and her trial date as required by the
European Court of Human Rights. Her request was denied.

Catalonia defend the freedom of speech and the political capacity of democratic
parliaments to debate and vote on political positions of any type, since democratic systems
guarantee legal protection from prosecution to members of Parliament for any actions or
opinions expressed related to their position. Currently, this parliamentary protection is
being violated through the actions carried out by the PP Government.

This causes a serious deficit in the Spanish democracy putting at risk any democratic
project in Spain.

15.03.2017

Memorandum #35

The Venice Commission of the Council of Europe and Spanish Democracy

In October 2015, the Spanish Parliament approved solely with the favourable votes of the
Popular Party (PP) a reform of the Law of the Spanish Constitutional Court (CC). This
measure led the Government of Catalonia and the Basque Government to file appeals of
http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 4/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

unconstitutionality which were rejected, although three of the eleven judges of the CC
presented particular votes due to their disagreement with the measure.

Just this week, on 13 March 2017, the European Commission for Democracy through Law
(The Venice Commission) of the Council of Europe issued a critical official Opinion about
the reform. It questions the reform of the law of Spains Constitutional Court, as well as the
following aspects;

The procedure to impose coercive fines, which should not be ascribed to the
Constitutional Court, must comply with the guarantees provided for in article 6 (right to
a fair process) of the European Convention on Human Rights, something that the
current law does not (Paragraphs 48 and 49).
The Opinion of the Venice Commission notes that the allocation of powers to the
Spanish Constitutional Court to enforce its own rulings is an exception since these
functions are normally attributed to other powers of the state (Paragraphs 71).
The power to apply coercive fines should not be attributed to a Constitutional Court
(Paragraph 53). The Commission considers this ability to sanction, as well as the
capacity to suspend public officials and civil servants who refuse to execute the Courts
decisions as problematic (Paragraph 73), especially when its applied to directly elected
officials and to Members of Parliament, because this affects the democratic mandate
given to them by the people (Paragraph 74).

This Opinion has arrived at the same time that the former President of Catalonia, Artur
Mas, as well as two of his ministers, Joana Ortega and Irene Rigau, have been found guilty
of grave disobedience and sanctioned with fines. Moreover, they were barred from holding
public office for two years for their involvement in a popular non-formal consultation on
independence for Catalonia held on 9 November 2014.

This statement brings to mind the fact that the President of Catalonias Parliament and
three other senior parliamentary officials are currently awaiting trial, also charged with
disobedience for allowing a floor debate on Catalonias independence; in addition to
hundreds of municipal authorities across Catalonia charged with similar offenses.

It is a sign of how the Spanish Government is adopting a litigation culture against the
political issues, not legal ones. This same situation has even been mentioned today by the
outgoing President of the Constitutional Court during his farewell speech, who claimed
that the problem "cannot be resolved" only by this Court and that dialogue with Catalonia
is "urgent and unavoidable".

In response to this attitude, Catalonias proposal is a wholly democratic one: ballot boxes,
votes and democracy.

06.02.2017

Memorandum #34

Let Us Vote

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 5/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

Catalonia proposes a simple solution to the political conflict it has with Spain, which is a
democratic one: put out the ballot boxes to give Catalonias citizens a voice to decide on the
political and legal status of Catalonia.

Catalonias parliamentary majority, a coalition of parties that range from the far left to the
Christian Democrat right, has reached an agreement on the Catalan Governments 2017
budget. There is also renewed support for a self-determination referendum to be held no
later than September 2017.

Last week there was a second meeting of the broad-based platform supporting the
referendum, which brings together public and private institutions as well as civil society
groups who all agree that the solution is to put out the ballot boxes.

85% of Catalonias citizens support the option to vote democratically on Catalonias future,
something that is also supported by 83 Members of Parliament out of the total of 135.
There are clearly solid majorities who want a referendum.

Unfortunately the Spanish governments response is to continue to ignore the fact that
there is a serious political problem, and instead of addressing it they force the courts to
respond. Thus the Spanish government has systematically and increasingly force the
judiciary to take on what is a political situation.

Today former President Artur Mas, and two former Ministers from his government, Joana
Ortega and Irene Rigau, had to appear in court charged with administrative disobedience
and breach of public trust for their part in the November 2015 consultation on
independence. They face large fines and being banned from holding public office. More
than 40,000 people accompanied them to the court and demonstrated against the legal
persecution of Catalonias officials and institutions.

The President of the Catalan Parliament, Carme Forcadell, testified last 16th December in a
separate case where she was also charged with administrative disobedience for allowing a
plenary session of parliament to vote on proposals from a parliamentary committee on the
independence process. There are also more than 400 cases pending against elected
municipal officials across Catalonia with charges ranging from sedition to administrative
disobedience.

Spains Popular Party (PP) government continues to ratchet up their legal offensive against
Catalonias political officials instead of the political dialogue we have sought for years to
address the existing political conflict.

President Rajoy has rejected all dialogue with Catalonias government on the issue of self-
determination, and the ruling Popular Party has stated that they will use every means
possible to block a referendum in Catalonia, including suspending Catalonias devolved
powers, and, if necessary, the use of force.

Given the situation the Government of Catalonia believes it is absolutely essential that
there be a dialogue, mediation, and negotiation, with help from abroad if necessary to
make this happen, so we can deal with the decision taken by Catalonia: to give voice to our
citizens in a self-determination referendum.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 6/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

16.12.2016

Memorandum #33

The President of Catalonias Parliament goes on trial for allowing Debate and Vote

Today the President of Catalonias Parliament, Carme Forcadell, is called to testify before
Catalonias Supreme Court after they rejected her appeal of the charges that she committed
administrative disobedience and a breach of public trust.

These charges arose from the 27 July 20 plenary session of Catalonias parliament when
she allowed a debate and a subsequent vote on the recommendations presented by a
parliamentary committee on the possibilities of amending Spains constitution to allow for
a legally binding independence referendum like those granted by the governments of the
UK to Scotland and Canada to Quebec. If convicted President Forcadell could face being
debarred from public office and a personal fine.

It is hard to imagine any other EU member state indicting and seeking to debar the
President of a parliament for facilitating a debate in a democratically elected chamber.

This attempt to criminalise parliamentary activity presents a grave threat to Spains


democracy. These charges are also an attack on the sovereignty of Catalonias parliament
and they represent a dangerous precedent.

Therefore, the charges against the President of Catalonias Parliament are just part of a
massive legal assault against Catalonia. The Spanish government has opted for legal
persecution of Catalan public officials over dialogue, attempting to force the courts to
resolve political issues through prosecution rather than to accept Catalonias constant calls
for negotiations and dialogue to resolve what are political, not legal, problems.

In addition to the indictment of President Forcadell, the former President, Vice-President,


Chief Minister and Education Minister have all been charged with administrative
disobedience, embezzlement of public funds and breach of public trust for their
involvement in the 9 Nov. 2014 non-legally binding consultation on independence.

There are also hundreds of legal cases against Catalan municipalities for sedition and
administrative disobedience while Spains Constitutional Court has 45 pending cases
related to Catalonia.

The latest legal assault against Catalonia came on 14 December when Spains
Constitutional Court ordered the suspension of the two resolutions approved by 85 of the
Catalan Parliaments 135 MPs, calling for an independence referendum in Catalonia in
September 2017

Catalonia is in the midst of a peaceful and democratic political process, where we find
ourselves faced off against the Spanish governments total indifference, offering only
intransigence.

In Catalonia we defend the freedom of speech and the political capacity of democratic
parliaments to debate and vote on political positions of any type, while expressing any
opinion the speakers believe is relevant. Democratic systems guarantee legal protection

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 7/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

from prosecution to Members of parliament for any actions or opinions expressed related
to their position. This parliamentary protection is being violated.

The serious deficit in Spains democracy, and the actions taken by the PP government
present a risk to any democratic project, including Spains and Europes.

10.11.2016

Memorandum #32

Spains Constitutional Court takes on new penal jurisdiction Threatening


separation of powers and judicial independence

On 4 November 2016 Spains Constitutional Court ruled that it was constitutional for them
to take on new powers granted through legislation created by Spains Popular Party (PP)
government. These give the Constitutional Court penal powers to fine and suspend from
office any government officials and politicians who fail to enact or otherwise disobey
rulings of the Constitutional Court.

The Spanish government continues to refuse all dialogue with the Catalan Government.
Instead the PP government focuses all their efforts for Catalonia on the ineffable
Constitutional Court, showing Spains ever-accelerating reliance on judicial means to
address core political questions. This only creates more tension.

Only one party (the PP) backed the legislation in Spains Parliament. In addition, the
Constitutional Courts decision to take on these new powers was not unanimous, though
the Courts President had sought a unanimous decision. Instead eight justices voted in
favour, with three against. Even the judge who drafted the original proposal for the Court
voted against the new powers because she disagreed with the final text that was prepared
by the more conservative wing of the Court. The PP government has heavily politicised the
Constitutional Court, packing it with party sympathizers, to the point where the president
of the court is a former PP party member.

The Constitutional Court also rejected an appeal against the new powers from the Basque
Countrys regional government, led by President (Lehendakari) Urkullu, who said the new
measures obliterate the separation of powers in Spain and give another turn of the screw
to the judicialization of Spains political system. A second appeal filed by Catalonias
government (the Generalitat) is due to be rejected shortly.

Catalonias President, Carles Puigdemont, reacted to the Courts latest ruling stating, This
is another step backwards for democracy, its very worrying because it shows the total lack
of separation of powers in Spain. Catalonias Foreign Minister Ral Romeva , lamented,
the Spanish government considers the Constitution a penal code to be applied to
democratically elected representatives of the people.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 8/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

This is a further escalation in the PP governments legal assault against Catalonia, with
these new powers directly aimed at the pro-independence government officials and
politicians in Catalonias parliament when we have already seen key Catalan government
officials and municipal authorities in Catalan towns charged with contempt, abuse of
authority, and misuse of public funds.

The threat to the separation of powers and the growing lack of judicial Independence in
Spain has reached the point where the Council of Europe recently warned the Spanish
government for failing to carry out their recommendations that they ensure that Spanish
courts are free from political influence calling on the Spanish government to cease being
involved in the selection of judges. In addition, a recent World Economic Forum study on
judicial independence placed Spain just behind Tanzania at number 97 on a list of 144
countries in terms of having a judiciary independent from the influence of members of
government.

19.10.2016

Memorandum #31

Catalonias Parliament sustains the celebration of a REFERENDUM WHILE Spanish


Government continues legal assault on Catalan ocials

On 6 October 2016 Catalonias Parliament approved two resolutions on the legally


binding independence referendum scheduled for not later than September 2017.
The first resolution, proposed by the Together For Yes coalition and the pro-
independence left CUP party, supports the independence referendum announced by
President Carles Puigdemont on 28 September. It was approved by 72 votes from the two
proposing parties, while there were 11 abstention votes from the Catalonia Yes We Can
(CSQP) party (out of 135).

The second resolution in support of Catalonias independence referendum was proposed


by the Catalonia Yes We Can (CSQP) party. It calls on the Spanish government to
negotiate an agreed referendum with Catalonia. This was approved with 73 votes in favour
from the Together For Yes coalition plus CPSQ, and 10 abstention votes from the CUP
party.

The Members of Parliament who support an independence referendum make up


almost two-thirds of the chamber. However our numerous requests for a referendum
like those held in Quebec and Scotland not only met with total rejection from the Spanish
government, but also a refusal to enter into any kind of dialogue or negotiation. This
refusal to negotiate a political solution to what are political problems is instead
accompanied by a legal assault on Catalonias senior government ocials.

The Spanish Attorney General has charged former President Artur Mas, former Minister
for the Presidency Francesc Homs, former Vice-President Joana Ortega and former
Minister of Education Irene Rigau with disobedience, perverting the course of justice,
misuse of public funds and the abuse of power in relation to the unofficial referendum on
independence held on 9 November 2014. The Attorney General called on civil courts to
http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 9/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

seek criminal charges, and on 13 October the High Court of Catalonia agreed to charge the
former President, Vice President and Ministers with contempt and abuse of authority,
accepting the Attorney Generals recommendation of a 10-year ban on holding office for
the former President and a 9-year ban for the other officials.

In addition, on 17 October the Attorney General also filed criminal charges of contempt
against the President of the Catalan Parliament, Carme Forcadell, for allowing a
parliamentary debate and vote on the recommendations of a parliamentary committee on
how to proceed with the constituent process for creating an independent state. That
same day Spains Attorney General called for the Supreme Court to dismiss a case against
Interior Minister Jorge Fernndez Daz, who was caught attempting a smear campaign
against Catalonias pro-independence political parties. Leaked tapes show that the
Minister asked the Director of Catalonias Anti-Fraud office to assist him in gathering
information against the Republican Left of Catalonia (ERC) party and the Democratic
Convergence Party (CDC), who currently govern Catalonia in a pro-independence coalition

All of these court rulings and charges against the democratically-elected senior leadership
of Catalonia are a twisted way to avoid what is normal in any democracy, which is to talk
and negotiate solutions to political problems. The Catalan people suffer from Spains
democratic deficit and lack of separation of powers, when 80% of all Catalans state that
they want to vote on their political future, yet Spains government will not even discuss
this. It is also very difficult to comprehend how using democracy so that citizens can decide
their future could possibly be a crime.

Catalonias call for a referendum is just and peaceful. In the face of the Spanish
governments intransigent refusal to even address the issue, as well as their total lack of
alternatives, we have a democratic proposal: to put out the ballot boxes and accept the
result. And we are committed to do it.

29.09.2016

Memorandum #30

Catalonias President announces he will call a legally binding independence


referendum in September 2017

Catalonia never stops its calls for meetings and negotiations with Spains government to
resolve what most Spaniards consider Spains main political problem, second only to
ending the 9-month political gridlock in Madrid following two General Elections. However,
with no end to the Spanish political paralysis in sight, Catalonias President Carles
Puigdemont addressed the Catalan Parliament on the eve of a confidence vote that he won
on 29 September with 72 votes in favour and 63 against. He noted that in spite of the years
of no to every Catalan request for political talks, he still has the obligation to fulfil the
democratic mandate given in the 27 September 2015 Catalan elections, when the pro-
independence parties won a majority with their electoral programme of preparing the
structures of state for Catalonias transition to becoming a new state in Europe, the Catalan
Republic.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 10/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

He insisted that Catalonia still hopes that Madrid will finally sit down at the table to
negotiate, and that the best way to fulfil the demands of the Catalan people was a
referendum or a referendum. President Puigdemont stated that he was placing the
offer to negotiate on the table for all of Spains political parties, adding, Our offer to
negotiate has no expiration date, but that does not paralyse our moving forward. Thus,
President Puigdemont announced, we will seek an agreement with the Spanish
government until the very last day, but if there is none to be had, then we will call a
binding referendum held under the new laws passed by the Catalan Parliament.

The President stated that at the end of July 2017 the Catalan Parliament will have
approved all the laws necessary for Catalonia to function as an independent state and allow
a referendum. This will make it possible for us to be prepared to disconnect from the
Spanish State with full guarantees, should the Catalan people choose to do that. President
Puigdemont added, There will be no jumps into a void, and the new laws will guarantee
judicial security during all this process

20.09.2016

Memorandum #29

The people of Catalonia march massively (again) for independence

11 September is Catalonias national day, called La Diada. It marks the date in 1714 when
after 14 months of siege Barcelona fell to the army of the Spains King Felipe V in the War
of Spanish Succession. This led to Catalonia finally being folded into Spain against its will.
Catalonias national day celebrations were supressed for 40 years during the Franco
dictatorship, but were reinstated in 1980 when the autonomous government of Catalonia,
the Generalitat, was restored as part of Spains much-praised transition to democracy. At
the same time Catalonia was promised greater self-rule, to be enshrined in a Statute of
Autonomy for Catalonias regional government.

Despite a new Statute being passed by Spains Parliament in 2006 and approved by a large
majority in a referendum in Catalonia, it wasnt long before Spains Parliament began to
trim the devolved powers. The tipping point for Catalonia came in 2010 when Spains
government urged the Constitutional Court to drastically cut even more devolved powers
from the Statute of Autonomy. The Catalan people felt betrayed, and that year a million
Catalans took to the streets of Barcelona to peacefully protest under the banner We are a
nation. We decide. The Madrid government ignored Catalonias ire, and followed up with
a campaign of recentralisation that continues until today. Civil society across Catalonia, led
by two key groups, the Catalan National Assembly (ANC) and Omnium Cultural built a
broad-based grassroots network of support for self-determination and eventually
independence. Since 2012 the bottom up broad-based movement has peacefully gathered a
million Catalans from all walks of life, and from every corner of Catalonia to march
peacefully and joyfully every 11 September.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 11/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

The 11 September 2016 La Diada had the theme of A Punt (We Are Ready). This year
rather than one massive march there were five simultaneous decentralised events across
Catalonias different provinces, ranging from central Barcelona, the provincial capitals of
Tarragona and Lleida, the town of Salt in Girona province, and the town of Berga in
Barcelona province. Representatives of different civil society groups spoke at the
decentralised events, calling for Spain to stop ignoring the Catalan people.

Catalonias President, Carles Puigdemont, participated in the march in Salt, in his native
province of Girona. Earlier in the day he told a gathering of foreign press attending La
Diada that, The way forward is talking and reaching agreements between very diverse
and different people. His Catalan Democratic Party (PDC) is governing in a pro-
independence alliance with the Republic Left of Catalonia (ERC) and some independents
called Together For Yes which with the pro-independence left CUP party won a majority
in the last regional elections based on a manifesto presenting a road map that would lead
to Catalonias independence from Spain at the end of an 18-month transition which is due
to end in June 2017.

For the first time Barcelonas Mayor, Ada Colau, also joined the marchers despite heading
a political party, Barcelona en Com, the Catalan version from Podemos, that does not
support independence. Her party strongly believes that Catalonia has a right to decide its
own political future, and deplores the Spanish governments refusal to negotiate, or even to
talk with Catalonias government, hiding behind legal actions to block the independence
movement, when this is a political problem that requires a political solution.

Spains long-standing government gridlock dates from last December, through two
General Elections where Spains major parties refused to accept the will of the people,
which was for them to work together to form a new government. The Spanish political
parties blocking Catalonia having a referendum might learn a lesson from the teamwork
among the different parties in Catalonia who have put aside ideological differences to fulfil
a democratic mandate from the Catalan people to advance towards independence.

Catalonias leaders unanimously call for dialogue with the Spanish government but nobody
appears to be listening. The Catalan people once again this year showed the strength of
their spirit and will by turning out in massive numbers to express their wishes for
Catalonias democratic mandate to be fulfilled.

28.07.2016

Memorandum #28

Catalonias Parliament Approves The Procedures for Drawing up a Constitution for


the Catalan Republic

On 27 July 2016 the Parliament of Catalonia approved by a majority of 72 votes in favour


and 11 against, the conclusions of the Parliamentary Commission on the Constituent
Process. This Commission was set up following Catalonias regional elections on 27

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 12/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

September 2015 which gave a majority to pro-independence parties who campaigned on a


road map to be carried out during a special 18-month parliament that would prepare the
way for Catalonias independence from Spain.

The conclusions of the Commission were approved by the Junts Pel Si (Together For Yes)
coalition and the CUP party. The MPs of Ciutadans (Citizens) and the PP (Popular Party)
abandoned the session prior to the vote, while the PSC (Catalan Socialist Party) stayed, but
didnt vote, and the CSQP (a Catalan affiliate of Podemos) voted against.

This vote is the next official step in the disconnection process announced at the start of
Catalonias special 18-month parliament, in November 2015 whereby Catalonia will
disconnect from Spanish law in favour of its own legal system, under a Constitution for the
Catalan Republic. The Commissions recommendations were approved despite a 19 July
2016 ruling by Spains Constitutional Court declaring any action related to a constituent
process unconstitutional. However, the Catalan Parliament does not consider that it
disobeyed, as it considers itself to be sovereign to take its own decisions.

The 27 July 2016 vote has these main points: the recognition of Catalonias right to decide
its own political future; the start of a constituent process leading to the approval of laws
that will disconnect Catalonia from Spain, via steps that will not be subject to suspension
or appeals from any institutions but Catalonias own executive, legislative and judicial
systems; and the holding of constituent elections that will formalise an Assembly for the
debate and creation of a draft constitution for the Catalan Republic. All this: to be followed
by a referendum to approve said constitution, as the final step that will allow the Catalan
people to approve or reject the proposed constitutional text peacefully and democratically.

The Catalan Parliament believes that comparative experiences of other states who have
achieved independence legitimate the path that Catalonia has chosen to begin its own
independence process, which really began last 27 September when the people of Catalonia
democratically gave a majority to pro-independence forces to begin this process.

We reiterate that these steps have been taken after Catalonia has devoted years attempting
to negotiate or even discuss these issues with the Spanish Government, as well as the
Spanish Parliament, exhausting every possible avenue to have a referendum like those
granted to Scotland and Quebec, and to have talks on what has been one of Spains most
important political issues for many years. This request have been ignored over and over,
as Spain has hidden behind legal attempts to block Catalonia without any political
discussion of what is a political, not a legal issue.

We regret the democratic void in Madrid that we have attempted to work with for many
years, but with no hope in sight of any serious engagement with Catalonia from Spain, we
have no choice but to follow the democratic mandate given to us by the Catalan people to
take the steps necessary to lead Catalonia to independence.

14.07.2016

Memorandum #27

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 13/14
22/7/2017 Notes de context. Departament d'Afers i Relacions Institucionals i Exteriors i Transparncia

Spains 26 june elections show a distinct political behaviour and party system in
catalonia

Spains second general elections in six months on 26 June 2016 could not clear the
uncertainty concerning the formation of a new government in Madrid. Since the earlier 20
December vote the government of Prime Minister Mariano Rajoy has remained in place in
a caretaker role, and on 26 June his conservative Popular Party (PP) once again won the
biggest share of the vote but not enough to form an overall majority.

The election results clearly show a different pattern in Catalonia, with pro-referendum
parties winning a majority, and pro-independence parties increasing their percentage of
the votes, with all of this showing the Catalan peoples clear desire for change.

Catalonia sends 47 MPs (out of 350) to Madrid. The pro-independence referendum leftist
party En Com Podem (We Can In Common) won 12 seats in the Madrid Parliament.
The pro-independence Republican Left of Catalonia (ERC) came in second place with 9
MPs going to Madrid. Democratic Convergence of Catalonia (CDC) won 8 seats, giving the
pro-independence forces a total of 17 seats. Meanwhile the first and second most voted
parties at the Spanish level, the Popular Party (PP) and the Socialists (PSOE), only came in
5th and 4th with 6 and 7 MPs respectively in Catalonia, while the Citizens party in
Catalonia (Ciutadans) came in last with 5 seats.

As the map shows, there is a clear distinction between Catalonia and Spain in terms of the
most voted parties in each territory, showing that Catalonia and Spain are two completely
different realities.

The ERC and CDC parties will continue to call for an independence referendum for
Catalonia in the Spanish Parliament. However, as an independence referendum granted by
Madrid seems highly unlikely, given the composition of the Spanish Parliament, Junts pel
S (Together For Yes), the Catalan government coalition formed by ERC and CDC, led by
President Carles Puigdemont, will advance with the road map that formed the basis of
their manifesto for last years Catalan regional elections, which has independence as its
primary goal.

The 26 June vote came after a huge political scandal was uncovered by the digital
newspaper Publico, who leaked recordings of Spains Interior Minister Fernndez Daz
asking the Director of Catalonias Anti-Fraud office, Mr de Alfonso, assist him in gathering
information for a smear campaign against Catalonias two main pro-independence political
parties currently governing Catalonia. Despite being caught in the act, the Minister refused
to resign, and Acting Prime Minister Rajoy refused to fire him, saying he had given a
clear explanation of his actions. The Anti-Fraud Director de Alfonso also refused to
resign, but Catalonias Parliament voted 121 11 to dismiss him, with just 11 MPs from the
PP voting against.

We could all hear on these leaked tapes of a senior Minister of the Spanish government
conspiring to use the institutions of the Spanish state to smear democratically-elected
Catalan political figures and attempting to destroy them, while influencing public opinion
and government alliances.

http://exteriors.gencat.cat/ca/actualitat/notes-de-context/ 14/14

Vous aimerez peut-être aussi