Things have taken a much more sinister turn in Catalonia, without sufficient notice being paid internationally. The leader of the Catalan regional police force has been formally arraigned for sedition by the Spanish attorney general, for refusal to comply enthusiastically with the beating up of old women. That carries a minimum jail sentence of four years. It is the first step towards major imprisonment of Catalan leaders. It is also extremely significant that this first step is aimed at decapitating the only disciplined and armed force under some measure of Catalan government control. What does that tell you about Rajoy’s next move?
This extreme action against Major Trapero is precisely in line with last night’s ultra hardline address by a man with the comic opera name of Felipe Juan Pablo Alfonso de Todos los Santos de Borbón y Grecia. It is hard to take seriously anyone named after a whiskey, but we live in such a strange world that this unelected, far right and immensely corrupt, inbred buffoon could spout about democracy and accuse anyone who did not bow the knee to him of disloyalty and sedition. That precisely prefigures the legal action taken against Major Trapero. It can only be a precursor to a Spanish attempt to impose physical control on Catalonia and imprison its leaders. Having rejected both dialogue and mediation, I see no other direction Rajoy will take.
The Catalan government has said it will declare Independence within days. I am not, and have never been, a pacifist. A vital duty of any state is the defence of its citizens. Once Catalonia declares Independence it will be in a different position as a state than as a movement for Independence within Spain. The highly impressive and disciplined non-violence of the Independence movement will no longer be appropriate. But physically, I am not aware of any capacity to defend itself against the Spanish forces which there is every sign Rajoy will unleash immediately after any Declaration of Independence. Catalonia will also need to move instantly to dismantle any parts of the state fabric, and particularly the judiciary and prosecutorial service, which may remain loyal to Madrid,
The EU failed to draw a line in the sand when Rajoy’s Francoist paramilitary thugs beat up old ladies, en masse, before the eyes of the whole world. Rajoy will be certain to calculate that if he now invokes article 155, seizes Catalonia by force, and imprisons all the Catalan leadership for 30 years for rebellion, that the EU will continue to back him. Following the “royal” address yesterday and the extreme charges against Major Trapero today, the Francoist solution seems to me to be where we are heading, with nobody in any position of authority in Europe making the slightest effort to stop it.
————————————————————-
I continue urgently to need contributions to my defence in the libel action against me by Jake Wallis Simons, Associate Editor of Daily Mail online. You can see the court documents outlining the case here. I am threatened with bankruptcy and the end of this blog (not to mention a terrible effect on my young family). Support is greatly appreciated. An astonishing 4,000 people have now contributed a total of over £75,000. But that is still only halfway towards the £140,000 target. I realise it is astonishing that so much money can be needed, but that is the pernicious effect of England’s draconian libel laws, as explained here.
On a practical point, a number of people have said they are not members of Paypal so could not donate. After clicking on “Donate”, just below and left of the “Log In” button is a small “continue” link which enables you to donate by card without logging in.
For those who prefer not to pay online, you can send a cheque made out to me to Craig Murray, 89/14 Holyrood Road, Edinburgh, EH8 8BA. As regular readers know, it is a matter of pride to me that I never hide my address.
To my own astonishment, and after a full 36 hours of hard thinking to try and escape this conclusion, I am in intellectual honesty obliged to reconsider my lifelong support for the European Union, due to the unqualified backing of the EU Commission for the Spanish Government’s dreadful repression in Catalonia.
This is very difficult for me. I still much favour open immigration policy, and the majority of Brexiteers are motivated at base by racist anti-immigrant sentiment. Certainly many Brexiteers share in the right wing support for Rajoy’s actions, across Europe. I have been simply stunned by the willingness of right wingers across the internet, including on this blog, to justify the violence of the Spanish state on “law and order” grounds. It is a stark warning of what we might face in Scotland in our next move towards Independence, which I have always believed may be made without the consent of Westminster.
But not all who oppose the EU are right wing. There are others who oppose the EU on the grounds that it is simply another instrument of power of the global 1% and an enforcer of neo-liberalism. I had opposed this idea on the grounds it was confusing the policies of current EU states with the institution itself, that it ignored the EU’s strong guarantees of human rights, and its commitment to workers’ rights and consumer protection.
I have to admit today that I was wrong, and in fact the EU does indeed function to maintain the global political elite, and cares nothing for the people.
There is no doubt whatsoever that the Spanish Guardia Civil on Sunday contravened the following articles:
Article 1: The Right to Human Dignity
Article 6: The Right to Liberty or Security of Person
Article 11: Freedom of Expression and Information
Article 12: Freedom of Assembly and Association
Article 54: Prohibition of Abuse of Rights
I would argue that these were also breached:
Article 21: Non-discrimination
Article 22: Cultural, Religious and Linguistic Diversity
The European Commission is obliged to abide by this Charter by Article 51. Yet when the Spanish government committed the most egregious mass violation of human rights within the European Union for a great many years, the EU Commission deliberately chose to ignore completely its obligations under the European Charter of Fundamantal Rights in its response. The Commission’s actions shocked all of intellectual Europe, and represented a complete betrayal of the fundamental principles, obligations and basic documents of the European Union.
This is the result. The disgusting, smirking Margaritas Schinas of the European Commission refuses to face up to the intellectual vacuity of the EU’s position. He is also lying, because he claims to be limited in matters beyond the Commission’s competence, when he knows perfectly well that the EU Commission is ignoring its obligations under the European Charter of Fundamental Rights.
That video was a key factor in persuading me, after 44 years of actual enthusiasm for the EU, it is no longer an organisation which I can support.
900 people were so injured by the Guardia Civil that they had to go for formal medical treatment. Officers, in full riot gear, baton charged entirely peaceful lines of voters, smashed old ladies on the head with weapons, pulled young women by the hair and stamped on them on the ground, threw people down flights of stairs, fired rubber bullets into people sitting on the street and broke a woman’s fingers one by one.
To take the “legalistic” argument, even if you accept the referendum was illegal (and I shall come to that), that in no way necessitates that sort of violence. It could be argued the referendum’s result had no legal effect, but the act of the referendum itself is in that case a form of political demonstration. If that involved abuse of public funds, then legal consequences might follow. There was no cause at all to inflict mass violence on the voters. The actual violence was absolutely disproportionate, unprovoked and undoubtedly met the bar of gross and systematic human rights abuse by the Spanish state.
Yet the EU reacted as if no such abuse had ever happened at all, and the world had not seen it. The statement of the EU Commission totally ignored these absolutely shocking events, in favour of an unequivocal statement of absolute support for Rajoy:
Under the Spanish Constitution, yesterday’s vote in Catalonia was not legal.
For the European Commission, as President Juncker has reiterated repeatedly, this is an internal matter for Spain that has to be dealt with in line with the constitutional order of Spain.
We also reiterate the legal position held by this Commission as well as by its predecessors. If a referendum were to be organised in line with the Spanish Constitution it would mean that the territory leaving would find itself outside of the European Union.
Beyond the purely legal aspects of this matter, the Commission believes that these are times for unity and stability, not divisiveness and fragmentation.
We call on all relevant players to now move very swiftly from confrontation to dialogue. Violence can never be an instrument in politics. We trust the leadership of Prime Minister Mariano Rajoy to manage this difficult process in full respect of the Spanish Constitution and of the fundamental rights of citizens enshrined therein.
I speak fluent diplomatese, and this is an unusual statement in its fulsomeness. It contradicts itself by saying “this is an internal matter” but then adding “these are times for unity and stability, not divisiveness and fragmentation” which is an unequivocal statement of opposition to Catalan independence.
The Commission later claimed that to comment on the violence by the Spanish Authorities is beyond its competence, a plain lie due to Article 51 of the Charter of Fundamental Rights. But what was in fact outwith Commission competence was this statement of opposition to Catalan independence.
It was also extremely unusual – in fact I cannot think of another example – of the EU Commission specifically to endorse by name Mariano Rajoy, let alone immediately after he had launched a gross human rights abuse.
Condemnation would have been too much to expect; but these gratuitous endorsements were a slap in the face to anybody with a concern for human rights in Europe. Also, in diplomatese, I should have expected the mildest of hidden rebukes in the statement; I would have been annoyed by “The Commission is sure the Spanish Government will continue to meet its obligations under the Charter of Fundamental Rights” as too weak, but it is the kind of thing I would have expected to see.
Instead Juncker chose to make no qualification at all in his support for Rajoy.
Perhaps as a former diplomat I put much more weight on these little things than might seem sensible, but to me they are the unmistakeable tells of what kind of right wing authoritarian institution the EU has become, and why I can no longer offer it my support.
I now want to turn to the wider question of whether the Catalonian referendum was indeed illegal. This argument must always come back to the Charter of the United Nations , which states at
Article 1 (2) To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
It is worth noting that there is no qualification at all on “self-determination of peoples”. It is not limited to decolonisation, as sometimes falsely claimed. The phrase is repeated in the separate UN Declaration on Decolonisation, as the principle plainly is applicable in that context. But it is not limited to that context and appears in the Charter outwith that context.
The question of what constitutes a “people” is a thorny one. NATO were sufficiently convinced the Kosovans were a “people” to go to war for their right to self-determination, while in terms of domestic law of Yugoslavia or Serbia their independence was every bit as illegal as Catalonian independence is under Spanish law. The purveyors of the “illegal” argument, in Spain and in the EU, have never deigned to us why the Kosovans are a “people” with the right to self-determination whereas the Catalans are not.
In this limited sense, NATO and the EU were right over Kosovo. If the Kosovans are a “people”, their right to self determination under the UN Charter could not be nullified by domestic Yugoslav or Serbian legislation. The same is true of the Catalans. If they are a “people”, Spanish domestic legislation cannot remove their right of self-determination. The rights conferred by the UN Charter are inalienable. A people can never give up its right of self-determination. Indeed, those arguing that the Catalans contracted into the current Spanish constitution are heading into a legal ambush as they have already admitted the Catalans are a people with the right of self-determination.
Indeed the Spanish constitution already admits Spain contains separate nationalities. The preamble of section 2 to the Spanish Constitution reads:
Section 2. The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all.
Remember, the right to self-determination is inalienable. Once you have acknowledged the existence of different nationalities, the Spanish Constitutional Court cannot legitimately deny their right to self-determination. What it can legitimately do is to judge on their constitutional arrangements within Spain. It cannot legitimately prevent them from determining to leave.
I do not see any doubt that the Catalans are a “people”. They have their own language. They have their own culture. Most importantly, there are over one thousand years of written records of their existence as a separate “people” with those attributes and an extremely long, if in some cases occasionally broken, history of their own institutions.
I do not think it is seriously arguable that the Catalans are not a “people”. It is also the answer to the frankly childish comparison, made by right wingers, to the South East of England breaking away. There is no legitimate argument that the South East of Englanders are a separate “people” in the sense of the UN Charter. The same applies to Northern Italy. Belgium, however, does include different peoples with the right of self-determination, should they choose to exercise it.
The fact that a “people” has the right of self-determination gives them, of course, the right to choose, including the right to choose to remain within their existing state. That right to choose was all the Catalonian government was seeking to offer. The Spanish government and courts are implementing a domestic law, but that domestic law is incompatible with overarching wider rights. As journalists point out in that EU Commission video above, the Turkish courts are correctly implementing domestic law in jailing journalists and academics. It is not enough for Spain to say it is implementing law when the law itself is illegitimate. Jews were “lawfully” rounded up in 1930’s Germany. Gandhi and Mandela were “lawfully” imprisoned.
I will never forget working in the Foreign and Commonwealth Office as the South Africa (Political) officer in 1986, when the policy of the Thatcher government was explicit that black activists jailed under the apartheid laws were lawfully detained, and that apartheid forces breaking up illegal Soweto demonstrations, in precisely the manner seen against voters in Catalonia, were acting lawfully. Over thirty years, the acknowledgement of the overarching internationally guaranteed basic rights appeared to have made progress. But the EU Commission has just turned its back on all of that.
It is not just the Commission. Macron, May and Merkel have all declared unequivocally against Catalonian independence, while refusing to make any comment at all on the state violence as an “internal affair”. This from Guy Verhofstadt is as good as EU reaction gets, yet it is still entirely mendacious:
I don’t want to interfere in the domestic issues of Spain but I absolutely condemn what happened today in Catalonia.
On one hand, the separatist parties went forward with a so-called referendum that was forbidden by the Constitutional Court, knowing all too well that only a minority would participate as 60 % of the Catalans are against separation.
And on the other hand – even when based on court decisions – the use of disproportionate violence to stop this.
In the European Union we try to find solutions through political dialogue and with respect for the constitutional order as enshrined in the Treaties, especially in art. 4.
It’s high time for de-escalation. Only a negotiated solution in which all political parties, including the opposition in the Catalan Parliament, are involved and with respect for the Constitutional and legal order of the country, is the way forward.
Verhofstadt accepts without question the right of the Spanish Constitutional Court to deny the Catalan right to self-determination, and like every other EU source does not put an argument for that or even refer to the existence of that right or to the UN Charter. He claims, utterly tendentiously to know that 60% of the Catalan people oppose independence. That is plainly untrue. In the last Catalonian assembly elections, 48% voted for pro-Independence parties and another 5% for parties agnostic on the issue. On Sunday, 55% of the electorate voted. A quarter of those votes were confiscated by police, but the votes of 42% of the electorate could be counted and were 90% for Independence. There is no reason to suspect the confiscated ballots were any different. Verhofstadt does at least acknowledge the disproportionate violence to stop the referendum, thus correctly attributing the blame. This is the only statement I have seen from any EU source which contains any truth whatsoever.
To withdraw a lifetime of support for the EU is not a light decision. I have delayed it for hard consideration, so that the emotions aroused by the Spanish government violence could die down. I am also very confident, knowing how these things work, that Rajoy had briefed other EU leaders in advance that he was going to close down the referendum, and their statements of support had been pre-prepared. Diplomatic wheels grind slowly, and I assumed there would be some rowing back from these original statements once bureaucracies had time to react to the excessive violence. In fact there has been no significant softening of the hard line.
In itself, even this incident would not be enough to make me denounce my support for the European Union. But it illustrates, in a way that I cannot deny, an argument that has been repeatedly urged on me and which I have been attempting to deny. The principles of the European Union and indeed the content of its treaties are something I continue strongly to support. But the institution has in fact been overrun by the right wing cronyism of the neo-liberal political class, and no longer serves the principles for which it ostensibly stands. It is become simply an instrument of elite power against the people.
Today, and with a greater sadness than you can imagine, I withdraw my support for membership of the European Union.
————————————————————-
I continue urgently to need contributions to my defence in the libel action against me by Jake Wallis Simons, Associate Editor of Daily Mail online. You can see the court documents outlining the case here. I am threatened with bankruptcy and the end of this blog (not to mention a terrible effect on my young family). Support is greatly appreciated. An astonishing 4,000 people have now contributed a total of over £75,000. But that is still only halfway towards the £140,000 target. I realise it is astonishing that so much money can be needed, but that is the pernicious effect of England’s draconian libel laws, as explained here.
On a practical point, a number of people have said they are not members of Paypal so could not donate. After clicking on “Donate”, just below and left of the “Log In” button is a small “continue” link which enables you to donate by card without logging in.
For those who prefer not to pay online, you can send a cheque made out to me to Craig Murray, 89/14 Holyrood Road, Edinburgh, EH8 8BA. As regular readers know, it is a matter of pride to me that I never hide my address.
Due to social media, the mainstream media can no longer hide what happens. But they can attempt to frame our perceptions of it. What happened yesterday in Catalonia is that paramilitary forces attacked voters who were trying to vote. The mainstream media has universally decided to call the voters “protestors” rather than voters. So next time you go to your polling station, apparently what you are doing is protesting. This kind of distortion through misuse of language is absolutely deliberate by professional mainstream journalists. In a situation where thousands of peaceful voters were brutalised, can anybody find a single headline in the mainstream media which attributes responsibility for the violence correctly?
This was a headline on the Guardian front page at 10.29am today. The people who wrote it are highly educated media professionals. The misleading impression a natural reading gives is absolutely deliberate.
Maintaining the Establishment line in face of reality has been a particular problem for picture editors. The Daily Telegraph has produced a whole series of photos whose captions test the “big lie” technique to its limits.
Note the caption specifically puts the agency for the “clash” on the people. “People clash with Spanish Guardia Civila…”. But the picture shows something very different, a voter being manhandled away from the polling station.
Actually what they are doing is preventing voters from entering a polling station, not preventing a riot from attacking a school, which is the natural reading of the caption.
In fact the firemen are trying to shield people walking to vote from the paramilitaries. The firemen were attacked by the Guardia Civilia shortly after that.
Sky News every half hour is repeating the mantra that the Catalan government claims a mandate for Independence “after a referendum marred by violence”, again without stating what caused the violence. In general however Sky’s coverage has been a great deal better than the BBC; Al Jazeera has been excellent.
I strongly suspect that were it not for social media, UK mainstream media would have told us very little at all. This is an object lesson in how the mainstream media still seek to continue to push fake news on us in the age of citizen journalism. They no longer have a monopoly on the flow of raw information; what they can do is to attempt to distort perceptions of what people are seeing.
————————————————————-
I continue urgently to need contributions to my defence in the libel action against me by Jake Wallis Simons, Associate Editor of Daily Mail online. You can see the court documents outlining the case here. I am threatened with bankruptcy and the end of this blog (not to mention a terrible effect on my young family). Support is greatly appreciated. An astonishing 4,000 people have now contributed a total of over £75,000. But that is still only halfway towards the £140,000 target. I realise it is astonishing that so much money can be needed, but that is the pernicious effect of England’s draconian libel laws, as explained here.
On a practical point, a number of people have said they are not members of Paypal so could not donate. After clicking on “Donate”, just below and left of the “Log In” button is a small “continue” link which enables you to donate by card without logging in.
For those who prefer not to pay online, you can send a cheque made out to me to Craig Murray, 89/14 Holyrood Road, Edinburgh, EH8 8BA. As regular readers know, it is a matter of pride to me that I never hide my address.
Hundreds of thousands of people are already gathered outside and inside polling stations across Catalonia, defending them from the squads of paramilitary police who are fanning out from Barcelona port. The atmosphere is currently festive and the determination to vote of ordinary, decent vote is inspirational.
When a people permanently withdraws its consent to be governed, and finds the courage to defy the agents of authorised state force, there is no way that the government can reimpose itself unless it is prepared to spill quite serious quantities of blood. I do not refer only to today’s referendum, which hopefully will go ahead peacefully but could not be stopped without physical force. In the long term, having eschewed the democratic route in favour of force, Spain will not be able to repress Catalonia without plunging still deeper in to the kind of tactics which reveal the very real Francoist political roots of its Prime Minister and many of its ruling party.
The ironic point, of course, is that had Spain agreed to a referendum process, they had a fair chance of winning it. It worked for continuing Westminster control of Scotland, although the Spanish government do not have the mainstream media monopoly in Catalonia which the unionists enjoyed in Scotland. It will be astonishing if the contempt for the views of the Catalonian people shown by Spain over the last month, has not instead propelled a large number of Catalans into the Independence camp, the more so given Rajoy’s blundering insistence on changing things today into a physical confrontation.
The British and other western governments have painted themselves into the most embarrassing position. As paramilitary forces are looking today to prevent crowds of solid and peaceful citizens from voting, the entire political Establishment across the European Union has declared on the side of the paramilitaries. The Guardian editorial states that in the UK only a few Scottish nationalists support the Catalans. Yet again, the Establishment promotes its own opinion as that of the people. I am quite certain that the view of the average British person is not one of support for the Spanish government in suppressing the vote.
The most extraordinary thing of all is the falling in line of the entire political Establishment, right across the EU, and all of its mainstream media, with the mantra that the Catalonian referendum is illegal. The right in international law of a people to self-determination cannot be constrained by the domestic legislation of the larger state from which that people is seeking to secede. NATO itself went to war ostensibly to enforce the right to self-determination of the Kosovans, which Kosovan secession was claimed as illegal by Serbia in precisely the same terms the Spanish claim. The hypocrisy of NATO governments is breathtaking (as always).
Nor can the Catalan people be bound in perpetuity to any arrangement they agreed immediately after the demise of Franco. The right of self-determination of peoples is inalienable, and the Catalan situation is a perfect illustration of the meaning of inalienable in this sense. In fact, by arguing that Catalonia specifically signed up to the current Spanish constitution, all the Spanish government and its supporters are doing is offering conclusive evidence that the Catalans are indeed a people with the right of self-determination.
In 2015 Rajoy’s right wing extremists in power enacted a law making it illegal to film Spanish police, with a fine of up to 30,000 euros. So those getting out footage of police attempts to disrupt voting will be breaking that law. I am not sure to what extent that explains the coyness of BBC coverage so far, or to what extent it is just part of their normal BBC propaganda effort. It is worth noting that the British government is planning to privatise the power of arrest to companies like G4S and Serco, giving them a whole new range of people they can beat up, rather than just prisoners and illegal detainees.
The Establishment all round the world seeks to enforce its will, and to protect the vast wealth a tiny minority have been allowed to rob through manipulating the institutions of society. When you see the right wing Establishment worldwide, pus the entire mainstream media, united against the ordinary people as we see today in Catalonia, it is a no-brainer which side you should be on.
