Monday, January 14, 2019

Open letter to the Financial times. Let's be clear



ProU Forum










    On January 4th of this year, The Financial Times published an article from "Omnium Cultural" - presented by OC as an "article by the FT"  titled "Spain's Chance At Proving Itself".  OC is a Catalan pro-independence organization.  
    
    In the mentioned article, "Omnium Cultural" puts forward its  opinion about the imprisonment of this association’s former president, Jordi Cuixart, and about the current political situation in Catalonia.
    
    Catalonia is one of 17 autonomous regions of Spain and as such enjoys full self-government in matters such as: police, education (entirely in Catalan), healthcare, social aid, public media and most of infraestructure.  Spain in turn is one of the most decentralized states in the world with over 75% of discretionary public spend under local and regional governments (vs. 25% under central government).
    
    The president of "Omnium Cultural" in September 2017 was Jordi Cuixart, now in prison, along with others, awaiting trial under accusation by the state justice system,  due to his alleged instrumental participation in the events prior to the (illegal) pro-independence referendum organized by the Catalan government on October 1st 2017, against orders from the Constitutional Court.  
    
    It is worth reminding that no democracy with a written constitution (nor in the EU nor the US), allows regionally-held referendums on the secession of any part of its territory, given that all consider the status of each part, as a matter concerning national or state sovereignty.  Much the less does any democracy consider unilateral action to achieve secession as anything short of illegal.  
    
    Omnium Cultural, who have received generous subsidies from the Catalan autonomous government (known as the “Generalitat”), presents Jordi Cuixart as a cultural figure; this is a dubious claim, for he is not known for any type of literary or artistic creation. He is an entrepreneur who has presided over the organization. His main objective has been to promote what in Catalonia has been called the "Procés", a plan designed to achieve the independence of Catalonia from Spain.
    
    Omnium Cultural was formed in 1961, during the dictatorship of General Franco (which began in 1939, at the end of the Spanish Civil War and lasted until his death in 1975). At the time of its creation, it was authorized by Franco, although it was closed two years later when suspicions were raised about possible political activities (no opposition political activity was allowed in Spain at the time and all parties were illegal).  Interestingly however  from 1967 onward Omnium Cultural, became legally active again.
    
    The article in the Financial Times insists on highlighting Franco's "brutal repression" of the Catalan language and culture. Although it is true that the Franco dictatorship banned the use of the Catalan language in official institutions, the Catalan continued to be spoken both in homes and on the street without any sort of legal persecution.  There were even literary prizes awarded in the Catalan language, including those granted by the Omnium Cultural itself. At the present time, the opposite seems to be happening: the Catalan government does not allow Castilian Spanish to be taught in equal basis to Catalan in the regional "public" (state) school network.
    
    Omnium Cultural has long ceased to be a cultural organization, and has become strictly political.  Since  2000 its actions have primarily focused on seeking independence such as when  it began organizing the "Freedom Festival" as well as numerous demonstrations calling for the independence of Catalonia.  The mentioned however is not the accusation against Mr. Cuixart.  The accusation is strictly on an alleged role in the organization of the illegally held referendum in coordination with the Catalan government, defying successive constitutional court orders.
    
    The text published by Omnium Cultural identifies Jordi Cuixart and other politicians in pre trial detention as "political prisoners". It explains that other politicians who held senior posts in the Catalan government had to flee to other countries on October 3rd 2017, as did former president Carles Puigdemont himself, in order to "protect themselves".
    
    The Catalan government had been warned on numerous occasions by the Constitutional Court, in writing, that their actions went against the Spanish Constitution.    Carles Puigdemont defiantly had himself photographed with five of the letters he received from the Constitutional Court, having declared that he would not "take a step back".  The point being that the issue is not about "political prisoners", but about politicians who have clearly acted against the Spanish Constitution, the Catalan regional constitution (the "Estatut") and against the legal advice officially expressed by the Catalan parliament´s  legal council itself.  The defendants are therefore in prison awaiting trial which will start shortly, since the prosecution believes the reasons for preventive imprisonment  apply (e.g. risks of; escape, reincidence, destruction of proof).
    
    It is useful to remind that on September 6th and 7th 2017, the Catalan government used its parliamentary majority (although lacking an electoral majority in Catalonia itself) to unilaterally pass a law of "disconnection" with both the Spanish and the Catalan regional constitutions, in what would be considered a clear act of illegality in any constitutional democracy.  It´s also worth reminding that  successive Catalan pro-independence governments have achieved no electoral mandate to behave in such unilateral manners (even if illegally), given that up to 4 regional elections have been held in the last 6 years, with none resulting in more than 48% of votes going to pro-independence parties. 
    
    Spain is one of the best scoring* democracies in Europe according to various international sources. The Spanish Constitution has just turned forty. During this period Spain has had to overcome serious problems, such as an attempted military coup in 1981 and  the terrorism of ETA (a Basque violent pro-independence movement).  Spain's institutions are democratic, as are the Catalan government and parliament, enjoying one of the highest degrees of self-government in Europe.
    
    
    *The Democracy Index 2018 of The Economist Intelligence Unit places Spain among the twenty full democracies in the world.
    
    The EU has mechanisms in place in order to act when and if abuses by the executive branch over the judiciary take place in any member state, as has been the case recently in specific Eastern European states.    At present there seems to be no indication that the allegations by Omnium Cultural have any factual basis in the case of Spain.
    
    It is my belief that it is the responsibility of respected and influential media to safeguard western democracies, by not fanning the flames of the sort of nationalist populism, which is afflicting many of the most liberal, democratic countries and guarantors of freedom and justice, in the entire World.
    
    Yours Faithfully,
    
    Joaquim Pujol
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