Catalonia: A Constitutional Crisis
Catalonia is an autonomous state in Spain, located on the far eastern side of the country. Catalonia is ruled by the system of the Generalitat de Catalunya, which consists of the Government of Catalonia, the Parliament of Catalonia and the President of the Generalitat de Catalunya – Carles Puigdemont.
What has happened?
Within the recent weeks Catalonia has had a surge in its push for independence. With their independence referendum showing that 90% of 2.3 million voters wanted independence. (Total turnout of 43%). However, there are a few discrepancies after footage has emerged of ballot boxes being forcefully taken by the Spanish Guardia Civil and National Police Corps. The issue with the referendum was that under the Spanish Constitution it was regarded as an illegal vote. This can be traced back to 2010 where the Spanish Constitutional Court made its decision of the Statute of Autonomy of Catalonia 2006. On June 28, the court struck out 14 and reduced the scope of another 27 of the 223 articles. The main message from the court, albeit a relatively relaxed one, was that Catalan will always be a part of Spain and any move against this has “no legal effect”. This led to a 2014 referendum orchestrated by the previous President, Artur Mas. With 80% voting in favour of independence but only a 41% turnout, Mas stepped aside. This led to Puigdemont to lead the fight for Catalan independence and where we are today.
Identity
Catalan, irrefutably has its own independent culture from the Spanish. They have their own language, (another element the Constitutional Court refused to acknowledge), their own cultural identity with dances and holidays. And to those who think that maybe the difference is so minute that they are both just Spanish, I can assure you, they are not. But this leads me onto my opinion where I feel that Catalonia has a legal right to its independence.
The Law
One of the fundamental principles of Public International Law is the right of self-determination. It is primarily seen in Article I of the Charter of the United Nations outlining that “All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.” With the right, also being explicitly mentioned in the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). With numerous Catalan Government Officials being arrested and the illegal entry of property to obtain the ballot boxes and other documentation displays a clear lack of basic rights for the people of Catalonia. Freedom of speech, freedom of press and the right to freedom of assembly are all rights that have been violated. Regardless of the Spanish Government’s opinion on the matter, violence is not the way to resolve the issue. Allowing for the people of Catalonia to vote without persecution and for negotiations to be set up regarding the disproportionate taxation in Catalonia is the way forward.
We can only hope that this is resolved quickly, as I am sure the citizens within the region and across Spain would agree. With a solution that both the Spanish Government and the Catalan Government can agree on.