Friday, September 25, 2020

Catalonian Secessionist Movement in Spain: The Genesis and Present Status

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Syed Ahmed Uzair

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Catalonian Secessionist Movement in Spain: The Genesis and Present Status

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Global Views 360

Publication Date

September 25, 2020

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Pro Independence Protest

Pro Independence Protest | Source: Joan Ribot Mundet via Wikimedia

Catalonia with its capital in Barcelona, is one of the wealthiest and historically significant regions of Spain. The region is home to around 7.5 million people and has its own official language, parliament, flag, and anthem.

The region was granted considerable autonomy by the 1978 constitution of Spain. The legislature of the autonomous Catalan region passed Statute of Autonomy which was approved by the national parliament and ratified by the Catalan electorates in a referendum in 2006.

What’s the latest buzz surrounding the region?

Pro-referendum rally in Montjuic, Barcelona | Source: Amadalvarez via Wikimedia

On 1st October, 2017, a referendum was organized in Catalonia for independence despite opposition from the central government of Spain. Owing to the resistance from Madrid, the voter turnout was just a lowly 43%. However, the Yes option won by a massive 90% margin.

Under a tense environment, the separatist majority in the Catalan parliament announced independence on 27th October, 2017. However, Madrid reacted strongly to the move by dissolving the Catalan parliament under Article 155 emergency powers and initiated a violent crackdown on the protesters and separatist leaders in the region. Nearly three years since the referendum, Catalan leaders remain in jail or in exile. The entire crisis has been termed as Spain’s biggest political-crisis since 1975, when democracy was restored post General Franco, the military dictator’s death.

Catalonia- A brief history

Supporters of General Franco | Source: Wikimedia

Catalonia as a region enjoyed a high level of autonomy before General Francisco Franco led Nationalist forces overthrew the Spanish democratic republic in 1936. Overthrow of Spanish democratic republic resulted in a three year long Spanish Civil War which raged from 1936 to 1939. In 1938 when the country was going through a phase of overhyped nationalist sentiments during the civil war, General Franco abolished the region's autonomy. General Franco ruled Spain as a dictator from 1936 till he died in 1975. After his death, Spanish democracy and Catalonian autonomy were restored once again.

There were calls for independence of Catalonia from fringe elements from time to time, but it was not supported by the mainstream political or social organisations. However this changed when Spain’s Constitutional Court issued a landmark ruling In 2010 and declared some of the articles of the 2006 Statute of Autonomy as unconstitutional.

There were massive protests in Catalonia against the Supreme court ruling, specially against the provision which place the distinctive Catalan language above Spanish in the region and ruling that “The interpretation of the references to ‘Catalonia as a nation’ and to ‘the national reality of Catalonia’ in the preamble of the Statute of Autonomy of Catalonia have no legal effect.”

Why do Catalans insist on independence?

Concert for Catalonian Independence | Source: Núria via Flickr

A lot of Catalans believe that Catalonia has a moral, cultural and political right for self-existence and that it has long put Spain’s best economic interests in priority despite not getting enough in return. Many Catalans are also unhappy with the decision of Spanish SC to declare the 2006 Statute of Autonomy as unconstitutional. They argue that it would have given Catalonia greater independence and by annulling it Spain is interfering with the internal affairs of Catalonia.

A timeline of Catalonia’s modern independence movement

Carles Puigdemont, the regional President of Catalonia | Source: Wikimedia

On September 11, 2012, thousands of protesters gathered in Barcelona to show support for the independence movement. Later in November, signaling a major shift in the politics of the region, the majority of the seats were won by pro-independence parties in the Catalan regional parliament.

On November 9, 2014, Catalan authorities held a mock vote for an independence referendum despite a prohibition order from Madrid. The then regional president Artur Mas, along with three other Catalan cabinet members were later fined for disobedience and misuse of public funds.

On June 9, 2017, Carles Puigdemont, the then regional president of Catalonia announced plans for a ‘binding’ independence referendum. Madrid declared the referendum as illegal and Spanish Prime Minister Mariano Rajoy vowed to stop the vote.

On October 1, 2017, the referendum was organized under a tense atmosphere which saw a lowly 43% voter turnout. Reportedly the Civil Guard and National Police forces raided a few polling stations and clashed with the voters even as the Catalan Police mostly stood down. Puigdemont claimed a landslide win for secession in the referendum.

On October 27, 2017, the Catalan parliament declared Catalonia as an independent republic even as no foreign nation recognized the declaration. Spain PM Rajoy immediately invoked constitutional powers to take over Catalonia and fired Puigdemont and his cabinet members.

On October 31, 2017, Puigdemont and a few of his deposed cabinet members fled from Catalonia to Belgium. Puigdemont successfully fought against his extradition to Spain and established his residence in Waterloo.

Aftermath of a failed independence attempt

Ever since Puigdemont fled to Belgium, Spain took control over the region and has sent all the major accomplices of Puigdemont and pro-independence leaders to jail. Most of them have been served with lengthy jail terms for being a part of the controversial independence referendum of October 2017.

Although direct rule was lifted after the formation of the new Catalan government in June 2018, the single biggest winning party was the center-right, pro-unionist Citizens party, which took 37 seats. Three pro-independence parties also secured around 70 seats combined in the 135-seat regional parliament election. Protests for independence have mostly faded away in the region.

What happens next?

The current Catalan regional president, Quim Torra has called for the Catalans to greet guilty verdicts with a ‘huge show of nonviolent civil disobedience’. Spain’s Prime Minister, Pedro Sanchez has been much less brutal compared to his predecessor Rajoy. However, he has maintained that any negotiations will have to be adhered to by the constitution while ruling out the possibility of a referendum.

The political tussle between Puigdemont and his allies who favor pressurizing Madrid with provocative moves, and the Catalan Republic Left which has sought to employ a less confrontational and more practical approach has made the situation quite volatile. However this apparent disunity among the political leadership of Catalonia has resulted in a gradual reduction of public support for the independence movement of Catalonia.

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February 4, 2021 5:18 PM

Internet privacy in Brazil: An example of already weakened state of Democracy

Brazil’s president Jair Bolsonaro’s ascent to power attracted international attention for their potential impact on human rights. His highly controversial positions on Brazil’s past military dictatorship, civil rights and his greater support for conservative agenda is very likely to jeopardize freedom of expression and the nation’s fragile democracy. Bolsonaro’s ascent to power has not been welcomed by people around the globe.  His blind eye towards democracy has created a human rights crisis in Brazil. In 2017, violence reached a new record in the books of Brazil with an estimated 64,000 killings. More than 1.2 million cases of domestic violence were pending in the courts at the start of 2018. About 5,144 people were killed due to police brutality in 2017 and weakening state control of prisons has facilitated gang recruitments. Brazil has lost over 100,000 people to COVID-19, the pandemic which Bolsonaro strongly repudiated as a conspiracy. The president’s desperate authoritarian attempts to forcibly seize control has pushed the nation into a political crisis inter alia free fall of the economy, a pandemic, a human rights crisis and a democratic recession. “This is the worst crisis Brazil has faced in its history. It’s a political crisis, an economic crisis, and a public health crisis. I’ve thought about this a lot, and I can’t think of another moment when the country was in worse shape than it is right now.” These are the exact words of Professor James Green, a Brazilian studies teacher at Brown University, a man who has lived through the military dictatorship in Brazil which lasted from 1964 to 1985.

Amidst these crises, Bolsonaro has periled the integrity and autonomy of Brazil’s most vital democratic institutions. In May 2020, the scandalous president even contemplated ramping up the military to shut down Brazil’s Supreme Court as they continued investigations into his network of advisors and his family. The anti-terrorism bills pushed in the senate after the ascent of Bolsonaro is another key example of endangerment to democracy. The vague and broad definitions of terrorism in the bill potentially criminalizes protests and even basic social movements. These are inconsistent with the standard of precision that Brazilian criminal law maintains. The capricious characterization of a “terrorist act” leaves the door open to subjective and arbitrary decisions which is not new to the nation.

The anti-terrorism bill says that it is “terrorist act” to interfere or tamper computer systems or databases with any political or ideological motivation even without a malicious intent. This would jeopardize the work of several security researchers and journalists in Brazil. Unfortunately, they are not alone.

On 30th June 2020, the Senate of brazil passed the PLS 2630/2020   (Law of Freedom, Liability, and Transparency on the Internet) popularly known as the fake-news law. Fake news has definitely been a problem all over the world. 17 states have passed some form of regulation directing disinformation during the pandemic. The term “fake-news” has been engraved in the global political discourse in the last half decade. With the decline in global levels of press freedom, the domino effect of so-called “fake-news laws” is attracting some serious risks to press freedom and freedom of expression. It is certain that Bolsonaro took advantage of the pandemic situation and passed the fake-news law with the excuse of COVID-19 misinformation. There are several underlying concerns and apprehensions about this law.

  1. Traceability requirements for private messaging services like WhatsApp and Signal would require the apps to store the logs and records of “broadcasted messages” which implies all the messages sent by over 5 users which reaches at least 1000 people within the span of three months. Messaging service companies are required to report most of the information to the government of Brazil hence creating a centralized log of data interactions. This breaks the end-to-end encryption service provided to the users by some of the messaging apps. If companies do not oblige to weaken the technical protection given to the users of Brazil, the bill forces them to leave the country.
    This imposition of “tech mandate” was condemned by Electronic Frontier Foundation (EFF) as they called it out for weakening privacy protection. Attached to this is a “technical capability derivative”, whether or not platforms will be able to trace back individual messages.
  1. Article 37 of the law mandates all the private messaging and social networking apps having a customer base in Brazil to appoint a legal representative who will have the power to remotely access user logs and databases. This pseudo attempt to localize the measures not just gives rise to privacy concerns but also questions if the Brazilian Senate has undermined United States’ laws such as Electronic Communication Privacy Act and CLOUD Act. Both of these laws mandate US-based social networking service providers to follow and check certain legal safeguard before handing the private data to any foreign law enforcement agents.
  1. If any social media account is reported to be inauthentic or automated, the online platform would have to confirm the identity of the user and verify the identity with any government ID in Brazil or a passport for a foreigner. The government can also demand confirmation of identity for any account through the means of a court order. This provision broadly attacks anonymity and privacy of users online and ignores its benefits on the internet such as whistle blowing and protection from stalkers.
  1. This law also makes it illegal to create or share any content online which may pose a risk to” economic order or social peace” in Brazil. Both of these terms are vaguely defined and even vaguely present. This opens gates to a wide range of content creators to be called out as “illegal”. The law also criminalizes intentionally being a member of an online group whose main activity is sharing defamatory content. This includes all meme groups which primarily share memes about anyone in an authoritative position in Brazil. This definitely puts a subjective cap and poses significant challenges to the freedom of expression and restricts basic ability of Brazilians to engage in discourse on online platforms.

The fake-news law makes social media companies legally liable for content published online on their platforms which acts as an incentive to them to restrict the freedom of speech of Brazilians at the time of any social or political unrest or even times like the present. While Brazil faces a real problem of fake news, this hastily written statute is not the right solution. At the time of a pandemic, when most of the world is functioning on a virtual sphere, the reckless fake-news law has added weight onto the fragile thread holding Brazil’s democracy. Jair Bolsonaro has managed to push democracy to a breaking point even without the drastic steps that he earlier contemplated.

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