minority rights

The Emeritus Professor at the University of Amsterdam and political scientist, Meindert Fennema, spoke with the CNA about the Catalan independence process. According to this recognised expert in populism throughout Europe, the "Catalan process is not populist". Fennema emphasised that the origins of European populism and the Catalan independence movement are rooted in different historical contexts, and pointed out that the two have indisputable differences. One great contrast is that "populism started as an anti-immigrant movement", while "for historical reasons, Catalans have always embraced their immigrants". Moreover, the Catalan attitude towards government and the European Union integration is totally different than those adopted in populist stances, he highlighted. Furthermore he asserted that the claims that the Catalan independence process is a populist movement are false.

Despite Catalonia-based prosecutors having concluded that there is no legal basis for such a complaint, the Director of the Public Prosecution Office, Eduardo Torres-Dulce – directly appointed by the Spanish Government – will finally file it, after 10 days of controversy. All the opposition parties have accused the Spanish Government of pressuring Torres-Dulce and taking a political problem to court. In addition, the Catalan Government accuses Rajoy’s People’s Party (PP) of not respecting the separation of powers. On Monday, the Catalan prosecutors announced they were not backing the complaint, but the Madrid-based Director stated he would carry on anyway. On Wednesday, Torres-Dulce held a long meeting with Spain’s main prosecutors, who backed him but not unanimously. The complaint will be against the Catalan President, Artur Mas, but also against the Vice President, Joana Ortega, and the Education Minister, Irene Rigau.

The public prosecutors based in Catalonia refused to back their Madrid-based boss regarding the complaint against the President of the Catalan Government, Artur Mas, and other members of his cabinet for authorising November 9’s symbolic vote on independence. According to them, there are not enough legal reasons for filing such a complaint, despite the pressures from Spanish nationalists to do so. The Director of Spain’s Public Prosecution Office, Eduardo Torres-Dulce – who is directly appointed by the Spanish Government – had unsuccessfully been trying to obtain the explicit support from his Catalan team. However, Torres-Dulce is likely to follow through with it anyway, after several members of the Spanish Government, the People’s Party (PP) and other Spanish nationalist parties urged him to do so. In any case, the Catalan prosecutors’ rebellion will not provoke a schism in this hierarchical institution, since on Tuesday afternoon they confirmed they will obey Torres-Dulce if he insists. The Catalan Government and political parties based in Barcelona warned that Madrid’s pressures seriously damage the separation of powers. Meanwhile, the PP accused Catalan prosecutors of being “contaminated by the atmosphere” of “radical secessionism”.

After days of controversy, the Director of Spain's Public Prosecution Office, Eduardo Torres-Dulce, suggested that a judicial complaint against the President of the Catalan Government, Artur Mas, might not be filed because the case "is already at court". The People's Party (PP), which runs the Spanish Government, had announced that the Public Prosecution Office would file a complaint against Mas and some Catalan Ministers for having authorised November 9's symbolic vote on independence. Such an announcement seriously questions the separation of powers in Spain. On top of this, several Catalonia-based prosecutors protested over the Spanish Government's pressures. Torres-Dulce, who is appointed by the Spanish Government, decided to wait and meet on Wednesday with his delegate in Catalonia. They agreed to further analyse the case and make the decision in Catalonia. Such a legal step against Mas could provoke a boomerang effect against Madrid, mobilising a wide part of Catalonia's society.

The European Commission has been asked about November 9's participatory process in Catalonia, when 2.3 million citizens cast votes about independence from Spain, but refused to comment and downplayed the citizen mobilisation. After such a unique and massive citizen participation process, which was carried out in a "calm" and "successful" way, according to the delegation of observers from the European Parliament, the European Commission repeated that it was Spain's "internal" affair. The Spokesperson for the Brussels-based institution, Margaritis Schinas, stated that "it is not the European Commission's role to express an opinion about Member States' internal and constitutional organisation issues". Asked about whether the more than 2 million European citizens do not "deserve" a reaction from the Commission, Schinas stated "they deserve the words I just said; I have nothing else to say".

Carme Forcadell, President of the civil society organisation Catalan National Assembly (ANC), stated that if citizens are able to cast their vote on November 9, the participatory process will already be "a success". However, she warned that "nobody can guarantee we will be able to vote on November 9 because the Spanish State will use all the resources against the freedom of expression" of the Catalan people. In fact, she pointed out that there have already been "threats" sent by the Spanish Government to members of the Catalan Executive, volunteers and high-school directors. "It's very important that the world knows our situation", she highlighted. Nevertheless, she hoped that Catalans will be finally able to vote on Sunday. "The 9^th of November is very important [as] it is one step forward towards independence", she emphasised. However, a clear democratic mandate will come from early Catalan Parliament elections.

The Constitutional Court rejects calling an urgent meeting to debate the appeal that the Catalan Government filed on Friday against the suspension of Sunday's participatory process, in which it asked the Court for further clarifications about the suspension's exact scope. A month ago, the Court organised an urgent and non-scheduled meeting that took place only 5 hours after the Spanish Government filed its appeal against November 9's consultation vote. However, on this occasion, when the vote is supposed to take place in less than 48 hours and not in 5 weeks time, the Court will not organise an urgent and non-scheduled meeting. In fact, the Court will follow its previously agreed calendar and will meet in 2 weeks time.

The Spanish Government's Delegate in Catalonia, María de los Llanos de Luna, sent letters on Thursday to the directors of high-schools throughout Catalonia reminding them that the Constitutional Court had temporarily suspended November 9's participatory process. Furthermore she added that "neither agreements nor actions going against the Court's decision" should be carried out. De Luna explained that "allowing the use of education centres to carry out actions related to the suspended consultation vote" might go against the Court's decision. In addition, she sent similar letters to all the mayors, chairmen of supra-municipal bodies, main municipal officers and Catalan Ministers related to the participation process' organisation. Furthermore, on Friday, the Spanish Deputy Prime Minister, Soraya Sáenz de Santamaría, asked the Catalan President, Artur Mas, "not to force" civil servants, mayors and citizens to "disobey the law".

The President of the civil society association Òmnium Cultural, Muriel Casals, stated that "the mere fact of going with a ballot to the polling station" is "already a success" and will show that "the Catalans' tenacity is stronger that the Spanish State's repression". In an interview with the CNA, Casals stated that "the Spanish democracy has an important failure" as it does not allow "Catalans to vote on our future". Therefore November 9's citizen participation process "is a first step towards using freedom of expression […] to say what we are saying: we are looking for a new relationship" with Spain. The President of one of the grass-roots associations that organised the 3 massive pro-independence demonstrations in 2012, 2013 and 2014 complained that Catalans "have not been recognised as a people with our own culture, with our own language, with our own economic needs, by the different Spanish Governments". Therefore "the best thing" is "to become a new state in Europe", she concluded.

The Spanish Supreme Court has decided to reject the Catalan Government's complaint, filed on Tuesday, against the Spanish Government's appeal of the citizen participation process on independence, scheduled for the 9^th of November. Therefore, the Constitutional Court's temporary suspension of such a non-binding consultation is still valid. The Catalan Government considered that the appeal filed by the Spanish Prime Minister, Mariano Rajoy, went against Catalans' fundamental rights, such as the freedom of expression, the freedom of ideology and the right to political participation. However, the Supreme Court's Administrative Law Division decided on Thursday not to accept the Catalan Government's complaint and stated that it should have been filed to the Constitutional Court. The Catalan Government used the Supreme Court path because it was the only possible way to cancel the suspension before Sunday.

The President of the Catalan Government, Artur Mas, announced on Wednesday that next Monday he will send a letter to the Spanish Prime Minister, Mariano Rajoy, to assess November 9's participatory process and to offer a negotiation for organising a definitive referendum on independence. Mas made such an announcement the day after the Constitutional Court suspended November 9's vote and after the Catalan Government confirmed that the participatory process will still take place on Sunday. The Catalan President emphasised that November 9's vote "is not a referendum to declare independence" and he said that those making these declarations "are lying". Mas emphasised he has respected the suspension of the original consultation vote, launching a citizen participation process instead. "If such a process cannot be carried out in a normal way, then Spanish citizens should think about Spain's democratic quality", he concluded.

More than 200 elected members of the European, Spanish and Catalan Parliaments and municipal councils from Catalonia have presented and started to sign on Wednesday an international complaint against the Spanish Government that will be sent to the United Nations, the European Parliament, the European Commission, the Council of Europe and Organization for Security and Co-operation in Europe (OSCE). They are formally accusing the Spanish Government of "violating the right of the Catalan people to decide on its own political future" and "banning the exercise of democracy ". They list reasons of democratic legitimacy, stress the sustained self-determination demands and highlight the manifold Catalan attempts to negotiate and hold a legal vote. They also emphasise the Spanish Government's total blocking attitude and they announce that Catalan representatives "feel legitimate to launch all the necessary political and legal actions". Finally, they also ask those international organisations to act in order "to guarantee that Catalonia's citizenry can democratically decide on its future".

On Tuesday, Spain’s Constitutional Court accepted to take into consideration the Spanish Government’s appeal against Catalonia’s participatory process about independence, which has been organised by the Catalan Executive as an alternative to the original consultation vote that was banned by the Spanish authorities five weeks ago. The Constitutional Court has unanimously accepted the Spanish Prime Minister’s new appeal, which brings the automatic and temporary suspension of the object appealed against until a definitive decision is reached. However, the Catalan Government emphasised that the participatory process is still in place, since it is different to the original consultation vote. In addition, it will file a complaint to the Supreme Court against the Spanish Government for not respecting Catalans’ basic rights and freedoms.

The President of the Catalan Government, Artur Mas, has organised a meeting with the parties supporting the 9^th of November's consultation vote on independence in order to agree the next steps to be followed after the Constitutional Court's temporary suspension. They have agreed to keep the 9^th of November's call but, at the close of this edition on Friday evening, they had debating during the whole day on how to guarantee a legal and democratic vote. The meeting was supposed to end at lunchtime, but it has carried on until the evening and participants do not rule out the possibility of continuing discussions over the weekend. A wide range of political parties, representing 65% of the Catalan Parliament (ranging from the Christian-Democrats to the Alternative Left), have to decide whether the 9^th of November's call will be kept until the end or if they will call for early elections within a few days, with or without the possibility of forming a national unity government.

A sweeping majority of the Catalan Parliament has approved a new law recognising the rights of gay, lesbian, bisexual and transsexual people and persecuting homophobia and transphobia. The new law includes fines for homophobic behaviour at the work place and positive discrimination measures, such as having to prove one’s innocence if accused of homophobia (a measure already in place for those accused of domestic violence against women). 80% of the Catalan Chamber has backed the new law and the conservative and Spanish nationalist People’s Party (PP), which runs the Spanish Government, was the only group who voted against the bill, which was filed by 4 left-wing opposition groups. The centre-right pro-Catalan State coalition CiU, which runs the Catalan Government, split its votes, as the largest Liberal party CDC completely backed the law and the smallest Christian-Democrat party UDC voted against specific articles, although it did not oppose the entire measure.