Catalonia Deserves Self Determination, Here's Why
Cameron Haden, Barrister, FCilex, LL.M, BPTC, LLB (Hons),
Barrister at St Joseph Chambers, Fcilex Advocate & Litigator, Company Director and Civil & Commercial Mediator
Catalonia Deserves the Right to Decide
Catalonia, is a province of Spain, which sits on its North-East corner, bordering France, with a population of close to 8 million which is perhaps best known for the city of Barcelona along with its world renown football team, and as of this weekend, for the tragedy that took place when its people took democracy into their own hands.[1]
The question of Catalonia is a long one, its one of self-determination, one of vision, and one of Europe. For Britons, until recently, the struggle of the Catalonians was best described as the Scotland of Spain, and while there are many commonalities between the two, there are some fundamental differences.[2]
To explain, while Catalonia has only really reached global public attention recently, its struggle for independence has been a long-held dream. The movement itself dates back to 1922 when the Catalans first declared themselves an independent state. However, in those early days an agreement was made that saw Catalonia become an autonomous region in Spain,[3] very similar to Quebec in Canada,[4] or Scotland in the UK. Franco ended this autonomy when the Spanish civil war ended, and when he passed away, Catalans focused on restoring that right to autonomy.[5]
In 2006 Catalans began in earnest, the rise of what we come to see today as the modern Catalan movement. Which comes from when an agreement between the Spanish government and Catalonia (passed by referendum) that would have seen a referendum vote on greater autonomy – think of Scotland’s parliament in Holyrood, - never came to pass.[6] As the Spanish high court of Justice ruled that the referendum statute was unconstitutional. After this decision, the protest became geared towards full autonomy i.e. an independence movement. The constitutional clause of concern merely states it is illegal to do anything which would cause the ‘disunity of spain’.[7]
Between 2009-2011 over half of municipals (550 of a total of 947) held ‘symbolic referendums’ that held high ‘yes’ to independence amongst the turn out. In 2012 the same time Scotland was granted what was always seen as its right to self-determination,[8] Catalans demanded a similar freedom to choose, of its government. A snap election of the time saw pro-independence movements in Catalan secure a safe majority in the region again mirroring the SNP in Scotland.[9] On the 1st October 750 of the 948 municipals had taken part before police broke down polling booths.[10]
Again, the question of independence, first raised in 2006, was raised in 2014, this time as a referendum question which on reaching court was again cast aside as unconstitutional.[11] To which the Catalans then suggested a non-binding referendum which would be more ‘advisory’ in the same way that the UK referendum on the EU was merely an ‘advisory referendum’.[12] And, despite further court rulings on the matter,[13] a referendum was held gleaning an 81% in support of independence, however, the voter turnout was low at 35%[14].
When in 2015 the newly elected Catalan Generalitat President (think leader of the devolved house – like Scotland’s First Minister) declared a real, binding referendum to take place in 2017 the Spanish government reacted in true form opposed such an idea.
A County Divided
The Catalonia movement, however, does not have the full support of the people. It is important to note that of the 4.2 million people who turned out to vote for a government in 2015, the percentage of the vote for parties in favour of independence was 47.8% of the popular vote (JxSi and CUP), compared to 11.45% in favour of a more autonomous region still in Spain (CatSíqueesPot and unio.cat) with 39.11% in favour of the status quo (C's, PP and PSC–PSOE);[15] and 1/5 of voters not voting at all (1.38 million of 5.510 million[16]).
So, close 2/5 want to leave, 2/5 want to stay, 1/5 wants to stay but reform and an additional 1/5 not otherwise included has not yet been factored in, so it is pretty evenly split at the moment and could go either way.
That’s a summary of the political leanings in Catalonia, but what of the opinions elsewhere, how is it taken in Spain as a whole? At present, there seems to be very little consensus on what the ordinary Spanish citizen thinks of Catalonia quest for independence. However, the current Prime Minister of Spain Rajoy has made his position clear calling the referendum ‘illegitimate’ and a ‘fantasy’,[17] – a view reinforced by the Spanish diplomat to the UK Carlos Bastarreche who suggests it would be a ‘coup d’état’ and inspire a revival in Scotland.[18] It might surprise watchers on to know President Trump supports Rajoy or rather the idea of a ‘united Spain’, although that statement is not quite a damming remark against a referendum as the router article it is taken from leads to believe.[19] On the otherside, other separatist movements in Spain, like the Basque county also in Northern Spain condemn the Spanish governments heavy handed approach,[20] as did Navarre which is near Basque and Catalonia.[21]
So, the Spanish government strongly wants Catalan to stay, and has made a move in this instance which is comparable to the ‘January events’ in Lithuania when the Soviet Union repressed an independence movement by sending in Soviet tanks to occupy the territory,[22] with the same happening using the police in Catalonia.[23]
Why Try So Hard
Some might wonder why the Catalans are so determined to break away, and also wonder why on the reverse the Spanish government seems dead set on preventing the remote possibility from occurring.
A few sources, paint an illustrative picture as to why there is a division. First, culturally and historically Catalan has been different from the rest of Spain, they have historically traded with different partners, spoken a language as close to French as Spanish, and had a history of modernising when the rest of Spain has sort to keep tradition.[24] With its position in the present age as being part of the ‘Four Motors of Europe’ aka the four most industrialised areas of Europe along with Milan (Italy), Lyon (France) and Stuttgart (Germany) who drive forward innovation in Europe.[25] It is easy to see Catalan is the ‘London’ of Spain, if not its capital (Madrid).To understand what this means, requires a look at what Catalonia provides to Spain.
At present Catalonia has a GDP of 223.629 billion (that’s close to Finland) of Spain’s 1,075,639 in 2016, with forecast growth of more than 3%, that’s makes up 20.8% of the Spanish economy,[26] – this is one of the drivers of the Spanish economy,[27] with a number of different areas according to Eurostat easily exceeding the rest of Spain.[28] Catalonia also has one of the smallest deficits of any region in Spain with current figures at 0.93% of GDP and falling from 4.48% seven years ago,[29] to put it in perspective Catalonia has a debt of 72 billion, while Spain’s Debt is 1.18 trillion.[30] Catalonia is also host to around 40% of all the foreign companies in Spain, 26% of Spanish exports to the EU and 65% of its own exports, with foreign investments of almost 3.8 trillion making it one of the top 3 foreign direct investment points in Europe.[31] Besides these positives, Catalonia also pays the Spanish government £10 billion more than it receives.[32]
So, on the side of the separatists, the argument is simply, Catalonia can do well enough on its own, and wants the freedom from the rest of Spain to grow. The downsides are much the same as what the UK is going through now, and what Scotland would face. If they leave, that means rearranging trade relations. In terms of debt repayments, it should knock 20% off the Spanish economy and damage to an extent, the prospects of the EU economy. It would also affect a number of Spanish statistics, and possibly raise the risk level for Spanish debt repayments plunging the country back into recession. It would also have an impact on Brexit negotiation talks as an independent Catalonia would be a strong ally to a Britain forming another trading block. Some questions have also been raised that Catalonia will need to implement its own administration to make up for Madrid.
For reformers that want to remain inside, they might feel the same sentiment as the separatists but feel afraid to go it alone, so see more autonomy as a compromise that gets the same result if they still pay lips service and contributions to Madrid.
As for those who want the status quo, who’s to say, perhaps they don’t mind the current system.
Yet, one thing is clear, Spain does not want to take the risk of losing 20% of its GDP overnight, and so they are willing to prevent the democratic will of the people to ensure that. In the UK, we cannot sympathise, for while we loved Scotland, and do not wish them to leave we gave them the choice, just as the UK was as a whole given a choice on Brexit. Choice is the benchmark of modern democracy.
It is clear that what the Spanish government has done does not sit easy with its own people, and those who watch from overseas. It is also unclear whether the EU will step in if the issue begins to escalate. At the moment, the EU in wanting to uphold the idea of sovereignty of member states will not interfere as long as the matter does not spill over to other regions, meaning for the moment it is the Spanish dilemma. However, given Catalonia trades heavily with the EU and EU law permits for them to intercede where events effect the dynamics of the EU and its four pillars (including the four freedoms), the EU is in a position to support or prevent the movement.
So, in closing, the EU’s future involvement is something to consider in the problem of Catalonia self-determination. Spain, judging by its actions genuinely must believe given to the vote, the Catalonia people will choose to leave and so to protect the continual growth of the Spanish economy they will prevent that. Such a mindset, is not one you would expect of a ‘liberal democracy’. As a democracy, Spain, should overrule the constitution on this matter and give Catalan the freedom to choose, but do all they can to persuade them to stay, and not just use the iron fist. It is clear Spain is important to Catalonia and the same reversed, so lest get off the high horse and start to solve things.
Bibliography
[1] https://www.theguardian.com/football/video/2017/sep/30/fc-barcelona-independent-catalonia-video
[2] https://www.expatica.com/es/news/Spain-Catalonia-referendum-unrest-Scotland_1452734.html
[3] Josep Carner i Ribalta. El Complot de Prats de Molló Barcelona. Dalmau editors, 1987.
[4] https://www.bbc.co.uk/news/magazine-29077213
[5] https://www.theatlantic.com/international/archive/2017/10/catalan-referendum-spain-independence/541656/
[6] Bofill, Hèctor López. "The Limits of Constitutionalism: Politics, Economics, and Secessionism in Catalonia (2006–2013)." Constitutionalism and the Politics of Accommodation in Multinational Democracies. Palgrave Macmillan UK, 2014. 70-83.
[7] https://www.telegraph.co.uk/news/2017/09/07/catalonias-independence-referendum-intolerable-act-disobedience/ ; Duarte, Esteban (11 September 2017). "Catalan Separatists Plot Show of Force in Battle With Madrid". Bloomberg. Retrieved 13 September 2017
[8] text of the 'Edinburgh Agreement' www.independent.co.uk, 15 October 2012; https://www.theguardian.com/world/2012/sep/11/catalan-independence-rally-barcelona
[9] ibid
[10] "Catalan independence vote divides region's mayors". Reuters.com. 9 September 2017. Retrieved 18 September 2017.
[11] https://www.economist.com/blogs/economist-explains/2014/10/economist-explains-12
[12] "Non-referendum popular consultation on the political future of Catalonia 2014". Generalitat de Catalunya. Archived from the original on 6 October 2014. Retrieved 22 October 2014;
[13] Moodrick-Even Khen, Hilly (2016). National Identities and the Right to Self-Determination of Peoples. BRILL. p. 49. ISBN 9004294333. Retrieved 16 September 2016.
[14] Field, Bonnie N. (2015). "The evolution of sub-state nationalist parties as state-wide parliamentary actors: CiU and the PNV in Spain". In Gillespie, Richard; Gray, Caroline. Contesting Spain? The Dynamics of Nationalist Movements in Catalonia and the Basque Country. Routledge. p. 117. ISBN 1317409485. Retrieved 16 September 2016.
[15] "Election Results. Parliament of Catalonia Election 2015". gencat.cat (in Catalan). Generalitat of Catalonia. Retrieved 24 September 2017.; https://www.historiaelectoral.com/acatalunya.html
[16] "Parliament of Catalonia election results, 27 September 2015" (PDF). juntaelectoralcentral.es (in Spanish). Central Electoral Commission. 6 November 2015. Retrieved 25 September 2017
[17] https://www.politico.eu/article/catalonia-referendum-independence-rajoy-chooses-to-confront-the-separatists/
[18] https://www.theguardian.com/world/2017/sep/30/spanish-ambassador-to-uk-calls-catalan-referendum-a-coup-detat
[19] https://www.reuters.com/article/us-spain-politics-catalonia-trump/trump-spanish-pm-rajoy-say-they-oppose-catalonia-independence-bid-idUSKCN1C12QF?il=0
[20] The communiqué published in Gara read that "the Spanish state is a prison for the people, and this is shown by denying the national identity of the Catalan countries. The Spanish state has also become a prison for democracy, since it has trampled on the rights of the Catalans;" see "Basque terrorist group ETA slams Madrid's opposition to Catalan independence vote". 27 September 2017. Retrieved 30 September 2017.
[21] "El Parlamento Vasco muestra su apoyo al referéndum catalán". EITB. 2017-09-21. Retrieved 2017-10-01.
[22] "On This Day 13 January, 1991: Bloodshed at Lithuanian TV station". BBC News. Retrieved 2011-09-13.
[23] https://www.bbc.co.uk/news/world-europe-41461032 ; "Mapa convocatorias protesta contra la detención de los 14 cargos de la Generalitat". El público. Retrieved 23 September 2017.
[24] https://cadmus.eui.eu/bitstream/handle/1814/6122/Keating_2000_MinoritynationsofSpain.pdf
[25] https://4motors.srv21.auvergnerhonealpes.eu/en/presentation-3/
[26] https://www.idescat.cat/economia/inec?tc=3&id=8150&lang=en
[27] https://www.catalangovernment.eu/pres_gov/AppJava/government/news/298216/catalan-economy-grow-2-7-2017.html ; "Catalan independence vote divides region's mayors". Reuters.com. 9 September 2017. Retrieved 18 September 2017.
[28] https://www.euronews.com/2017/09/29/six-charts-on-how-catalonia-compares-to-the-whole-of-spain; https://www.idescat.cat/economia/inec?tc=3&id=8152&lang=en
[29] https://www.catalangovernment.eu/pres_gov/government/en/pressnotice/300276/catalonia-reduces-deficit-0-93.html
[30] https://www.efe.com/efe/english/business/spain-s-public-debt-in-2016-stood-at-1-18-trillion-98-percent-of-gdp/50000265-3182407
[31] https://www.cataloniavotes.eu/en/background/about-catalonia/economy/
[32] https://www.reuters.com/article/us-spain-politics-catalonia-tax/from-new-tax-office-catalonia-hopes-to-grab-billions-from-madrid-idUSKCN1BW10A