Udenrigsudvalget 2019-20
URU Alm.del Bilag 73
Offentligt
2122106_0001.png
Intro: Catalonia
Catalonia is a semi-autonomous region in the north-east of Spain with a clearly defined
territory, a distinct history, dating back almost 1.000 years, and its own language, common
institutions, and rich cultural heritage.
Where we are now. What's going on now?
Following the sentences on 14 October of the prominent leaders of the Catalan government,
parliament and civil society, to a combined 100 years of prison by the Spanish Supreme Court,
discord has been rife in Catalonia.
The current situation is characterized by a general and deep unrest and discomfort, frequent
protests and disruption of society. An important part of the Catalan society is left with the
feeling of outrage and helplessness faced with the unwillingness and inability of the Spanish
government and political leaders to seek a realistic and mutually acceptable solution.
However, after the general elections of 10 November, the Spanish Socialist Party (PSOE)
agreed with Unidas Podemos to form a minority coalition to rule Spain. For the coalition to
succeed, the parties need to agree with the largest Catalan political party (Esquerra Republicana
(ERC)) to not to object to the election of the Prime Minister. Currently there are ongoing
discussions between teams of the PSOE and Esquerra Republicana where the Catalan party has
clear demands related to a real process of negotiations between the Spanish Government and
the Government of Catalonia.
Consequences of the Sentences:
Sentences will be appealed to the European Court of Human Rights based on the following
elements:
▪
Penalties run counter to the Spanish legislation and the legal system in force:
o
the organisation of referendums was decriminalised in 2005, and removed from
the Spanish Criminal Code.
o
violating basic procedural rights: right to the ordinary judge, right to an impartial
court, right to appeal before superior instance.
o
violating fundamental rights, recognised both by the Spanish Constitution 1978
and by international bodies.
The trial and the sentences have been called into question, among others, by:
▪
▪
▪
▪
▪
▪
United Nations Working Group on Arbitrary Detention
Amnesty International,
International Commission of Jurists,
World Organization Against Torture,
International Trial Watch,
International Federation for Human Rights,
 URU, Alm.del - 2019-20 - Bilag 73: Henvendelse af 9. december 2019 fra Cataloniens regerings delegation til Danmark og Norden forud for foretræde den 19. december 2019
2122106_0002.png
▪
▪
500 elected MP from 25 different countries, signatories of a manifesto in support of the former
Speaker of the Parliament of Catalonia,
41 French senators; 52 members of the French National Assembly; 69 members of the German
Bundestag; the Speaker of the House of Commons of UK; 60 members of the Parliament in
Lisbon.
How did we end up here?
▪
▪
▪
Centuries of history of conflict, and complicated coexistence (clearest example during
Franco’s
regime).
Seemingly, the arrival of democracy and the constitutional covenant of 1978 opened up
a new era.
However, in 2006 the reform of the Basic Law in Catalonia (Statute of Autonomy) was
the starting point of a new process which revealed important differences in the
interpretation of the Spanish Constitution (1978). That specific momentum breaks the
constitutional consensus.
o
The 2006 Catalan Basic Law
(Statute)’s
fundamental articles were challenged,
whilst the same articles were accepted and entered in force in other Autonomous
Communities - what it is challenged in Catalonia has been accepted in other
regions.
Since 2010, a growing part of the Catalan society has proven to be one of the most
important peaceful protest movements in Europe (more than 1M of people coming out
on the streets every year, in peaceful demonstrations). Parties advocating the right to
self-determination for Catalonia have received a larger share of votes than others and
command a majority within the Catalan Parliament and Government.
In response to this popular request, the Catalan Government has attempted to find a path
and giving a response. Firstly, by trying to dialogue with Spain, whose response has
always been negative. So, the Catalan Government has faced immobility.
1-October: violence + repression (prison + exile); suspension of the Catalan institutions
(art. 155 Spanish Constitution); call for new elections by the Spanish Government,
which once again, led to a majority of seats in Catalonia's Parliament in favor of a new
status for Catalonia.
▪
▪
▪
How are we moving forward?
The Spanish State has in general faced and tackled the situation by avoiding dialogue and
political negotiation, and has judicialized the matter. This has been further complicated by the
dynamics of the Spanish politics where we have seen the rise of a new ultra-right wing party,
Vox, which has grown in popularity, taking votes from the traditional right wing parties by
attacking the demands originating from Catalan society. So, ultimately, the functioning of the
institutional system has been twisted as the functions of each institution has been mixed up. We
find it necessary to protect the quality of Democracy and the civil and political rights, and to
uphold the standards of our democracy.
 URU, Alm.del - 2019-20 - Bilag 73: Henvendelse af 9. december 2019 fra Cataloniens regerings delegation til Danmark og Norden forud for foretræde den 19. december 2019
2122106_0003.png
All in all, when a European Member State avoids dialogue as a tool to resolve political conflicts
and it opts for inciting rhetoric and for an iron fist -favouring the rise of the extreme right-, it is
the democratic health that it is at stake. We have seen during the past year's electoral campaigns
how the Spanish political parties have tightened their discourse against Catalonia to gain votes.
In this context, we are still convinced of the futility of the attempts to criminalise and judicially
repress the pro-independence movement, a legitimate political choice, freely and
democratically embraced by an increasing part of Catalonia's society, election after election.
The Government of Catalonia reiterates its conviction that, in democracy, political problems
must be addressed politically and, therefore, keep waiting for the Spanish Government to
engage in a dialogue and to present a meaningful political proposal on the future of Catalonia
that allows citizens to express themselves, democratically.