The Barcelona Bar Association claims that self-determination is an inalienable right of Catalonia
The association’s People’s Rights Commission defends the celebration of a referendum and the unilateral independence declaration if the Spanish Government insists in not allowing a citizen vote on the issue. While is it true that the current Spanish Constitution does not allow for a self-determination referendum, the Barcelona lawyers' association argues that “in a democratic society, the law should be the expression of the people’s choice”, and therefore it should be modified accordingly to allow the referendum. It also highlights that 20 of these states are the result of secession, such as Norway, Finland, Ireland, Iceland, Lithuania, Estonia, Latvia, Slovenia or Montenegro.
Barcelona (ACN).- The People\u2019s Rights Commission of the Barcelona Bar Association sustains that, according to international law, the self-determination of Catalonia is an inalienable right, because it is a fundamental and universal right of all nations. While is it true that the current Spanish Constitution does not allow for a self-determination referendum, the Barcelona lawyers' association argues that \u201Cin a democratic society, the law should be the expression of the people\u2019s choice\u201D. If the Spanish Government does not permit the referendum, the Commission defends a unilateral declaration of independence. The People\u2019s Rights Commission of the Barcelona Bar Association points out that the right to self-determination has led to a four-fold of the number of sovereign states and highlights that 20 of these states are the result of secession, such as Norway, Finland, Ireland, Iceland, Lithuania, Estonia, Latvia, Slovenia or Montenegro.
In its statement, the Commission makes it clear that the Spanish position, which defends that popular sovereignty belongs to the State, is completely false, and considers that, following the United Nations Charter, \u201Csovereignty must lay in societies and not in the states\u201D. Therefore, no one can deny the Catalan society its condition of political subject and the right to decide.
That is why the Commission considers that, despite the fact that the Spanish Constitution does not foresee the self-determination right of Catalonia, this legislation goes against \u201Cthe democratically expressed wishes of a national community\u201D.
With all these facts in hand, the Commission considers that \u201Cthe Spanish Government would have no legitimacy to stop a Catalan Government decision to organise a referendum in order to know the majority choice of Catalan society\u201D. The Commission also adds that, \u201Cif the pro-independence option won, the Spanish Government would have no other option than to start negotiating the conditions for secession\u201D.
If the Spanish Government stopped the celebration of a self-determination vote or did not recognise its result, the Bar Association recommends a unilateral declaration of independence proclaimed by the Catalan Parliament. If that were to happen, they say \u201Cthe independence declaration would have immediate effects to make Catalonia a new state\u201D, because Catalonia \u201Coffers the minimum characteristics of a state, which are a permanent population, a well defined territory and sovereignty\u201D.