Sunday, February 10, 2019

Response to the Declaration of the UN Special Rapporteur on issues of minorities, F. de Varennes, on the conclusion of his official visit to Spain, January 14-25, 2019


First of all, we regret that the Rapporteur was not able to meet with the political party, Ciudadanos, which was the first political force in votes in the last regional elections on 21 December 2017, and which is currently the main opposition party in the Catalan Parliament.

How is it possible that the Rapporteur met with authorities of the Autonomous Community of Catalonia and did not, on the other hand, do the same with the first political force in the Catalan Parliament, which, in this matter, has a position radically opposed to that of the autonomic Government?

It is not a minor issue since the Autonomous Community of Catalonia enjoys great autonomy with a wide range of competences, some of them of an exclusive nature, such as Culture, as well as many areas of education, just to give an example. In reality, the Spanish autonomous system of government is a federal system rather than a "strongly decentralized unitary state", as the Rapporteur maintains, if the high level of competences corresponding to the Autonomous Communities of Spain, one of the highest in Europe, is taken into account.

               Secondly, we state that the ideas that we are advancing below are a brief summary of our proposals, for which we would appreciate that the Rapporteur would contact us to expand and explain in greater depth those aspects that he might consider of interest.

Minorities, language and participation

        Along the lines followed by the Rapporteur regarding the concept of minority used in his statement, "the concept of minorities must be understood within the scope of my mandate, which refers only to a strictly numerical category: a minority group is any linguistic, religious or ethnical group amounting to less than half of the population of the State (in this case the Spanish State). This concept has no negative connotations, does not depend on official recognition, is not affected by regional agreements or other forms of autonomy, and does not imply any problem of domination, servitude or socioeconomic status".

In this regard, we maintain that the Spanish language in the field of education in Catalonia is a minority language, which clearly harms the linguistic rights of Catalans.

In Catalonia, 0 hours of Spanish language are taught per week in Early Childhood Education, 2 in primary school, 3 in compulsory secondary education and 2 in high school. All the other subjects are in Catalan. In the same way, all communications and all written materials are always in Catalan. Many families, especially those recently coming from abroad, complain that the teachers hold the meetings in Catalan and refuse to change their language even if they are told they have trouble understanding it. This model begins to spread throughout the Valencia Community and the Balearic Islands.

One of the causes of the lack of empirical data on the impact of the different educational models that are applied is because the successive nationalist governments of Catalonia flatly refuse the possibility of carrying out comparable tests throughout Spain. On the one hand, if we take into account data from PISA, the outcomes are discouraging. Catalonia is the region of Europe with the worst results in students of immigrant origin. Likewise, Catalan Spanish-speaking students obtain worse results for all socioeconomic strata than Catalan-speaking students.

In Catalonia, outside of the educational field, -and this affects the Spanish language because it is a minority language in the institutional sphere-, businesses which do not label their establishments in Catalan are fined, and traffic signs and indications are only in Catalan.

On the other hand, we find surprising the inclusion, in this section of the report, of the reference made by the Rapporteur about the trial against the political leaders who carried out an attempt to subvert the constitutional democratic order by declaring the independence of Catalonia through the unilateral secession from the Kingdom of Spain. Likewise, we see as absolutely improper and wrong the classification as "non-violent political dissidence of a minority" made by the Rapporteur as regards the authors of this attempt to subvert the political order of a Member State of the European Union such as Spain, considered by all international standards one of the most advanced democracies in the world. How can be classified as "non-violent political dissidents" the politicians who from within the very State institutions they were lawfully holding (in this case the regional government) have tried to break the territorial unity of the State, thus violating the rights of citizenship and the freedoms of the citizens, Catalan as well as from the rest of Spain?
     
The deaf community and the use of sign language

        Regarding the members of the community of deaf people and persons with hearing impairments, it should be noted that in Catalonia parents of deaf children are not informed about the option of sign language, and the only solution provided are cochlear implants and hearing aids that are causing Language Deprivation Syndrome for many of them. For all the Catalan territory there is only one Primary and one Secondary Education center offering interpreters to deaf children and, even in that case, they do not have an interpreter available during all school hours.

Framework of human rights

        The Rapporteur in this section of his report mentions again the language so that it should not subjected to discrimination. From this perspective we have to remember again the situation of vulnerability in which the Spanish language is found as a very minority vehicular language of the educational system in Catalonia. In addition, the Spanish language is the mother tongue of most of the Catalan people, so that the UNESCO standards of protection for the mother tongues are not being met either.

As members of Parliament of the first party in the Parliament of Catalonia, we think it is important to highlight the diversity and plurality of Catalan society and of Spain as a whole. To this end, we are at your disposal to expand or detail any information that you might consider necessary.


CIUTADANS Rapport (Catalan Parliamentary Group) on:

The UN rapporteur, subsidized by Puigdemont, criticizes the trial of 1-O

‘Ciudadanos’ sends a letter of complaint to Varennes, responsible for minorities of the international organization, who refused to meet with the first opposition party


"Nonviolent political dissidence of minorities should not result in criminal charges." This is the opinion of the Special Rapporteur of the United Nations on questions of minorities, Fernand de Varennes. And so he stated in a report published after a visit to Spain that included, among others, a meeting with the minister of the Foreign Action, Alfred Bosch, and the Síndic de Greuges [Catalan Ombudsman], Rafael Ribó. ‘Citizens’ has just sent a letter to Varennes in which this political party regrets his refusal to meet with the party that won the elections in Catalonia, which, says the orange party, would have allowed him to produce a report, at least more complete, on the procés, as well as on the situation of the "linguistic minorities" that the representative of the United Nations claims to be obliged to protect.

The position of the UN rapporteur on the pro-independence prisoners is to be seen as part of the close relations maintained by the Catalan Government with that international organization which, during the government of Carles Puigdemont, resulted in agreements and subsidies by the Generalitat that in some cases exceeded 100,000 euros. These agreements were signed in Geneva, a city included in the network of ‘embassies’ of the Generalitat that Bosch runs. Last October, President Quim Torra gave a conference in the Swiss city, in which he called for international mediation. Ana Gabriel (CUP) and Marta Rovira (ERC) escaped to Geneva to elude the Spanish Justice.

Varennes made an official visit to Spain between January 14 and 25, 2019. During his stay he met with the Spanish Ministries of Foreign Affairs, Justice, Interior or Education; the Attorney General of the State and members of the  Supreme Court. In Catalonia, the rapporteur held a meeting with the Minister of External Action, Alfred Bosch, and the Síndic de Greuges [Catalan Ombudsman], Rafael Ribó.

‘Citizens’ believes that the report prepared by the UN rapporteur which can be read through this link - suffers from a partial view of the Catalan reality. The orange party requested a meeting with Varennes, but Varennes alleged agenda reasons to reject the request.

"Acts that did not involve violence"

Varennes alludes in his document to a "strongly decentralized unitary State" while, according to Cs, in fact "the Spanish autonomous state is an almost federal system, taking into account the high level of competencies". But the most "surprising" thing, according to the orange party - and this is stated in a letter addressed to the delegate of the United Nations - is the reference "to the judicial process against the political leaders who carried out an attempt to subvert the democratic constitutional order by declaring the independence of Catalonia through the unilateral secession from the Kingdom of Spain".

In the report, Varennes recalls that "the UN special rapporteur on freedom of opinion and expression issued a statement on April 6, 2018 urging the Spanish authorities to refrain from bringing criminal charges of rebellion against political figures and demonstrators belonging to the Catalan minority. He indicated that such charges for acts that did not involve violence or incitement to violence could interfere with the rights of public protest and dissent. Although he considered the issue strictly from the point of view of freedom of opinion and expression under this mandate, I also join his concerns in terms of the message that this gives to minorities in general, since the non-violent political dissidence of minorities should not lead, as the Special Rapporteur points out, to criminal charges, since such restrictions should only be imposed when they are strictly necessary and proportionate".

The complaint of Cs

In this sense, Cs affirms that "it seems to us at all inappropriate and erroneous the classification as 'non-violent political dissidence of a minority' that the Rapporteur makes of the authors of that attempt to subvert the political order of a Member State of the EU like Spain, a country considered by all international standards as one of the most advanced democracies in the world. How can he classify as "non-violent political dissidents" politicians who, from within the State institutions (in this case the regional government) have tried to break the territorial unity of the State, thus violating the rights of citizenship and the freedoms of the Catalan citizens and of the rest of Spain?"

The rapporteur refers in his report to the mandate he has regarding the protection of minorities, a concept with which he refers to "any linguistic, religious or ethnic group that counts less than half of the population of the State (in this case, the Spanish State)". Cs recalls that in Catalonia “0 hours of Spanish are taught every week in Pre-school Education, 2 in primary education, 3 in compulsory secondary education and 2 in high school. All the other subjects are in Catalan. In the same way, all communications and all written materials are always in Catalan. Many families, especially those recently coming from abroad, complain that the teachers hold the meetings in Catalan and refuse to change their language even if they are told they have trouble understanding it. This model begins to spread throughout the Valencian Community and the Balearic Islands".

The Spanish language, minority

"In Catalonia - it adds - outside the educational sphere, and this of course affects the Spanish language as it is a minority language in the institutional field, the businesses which do not label their establishments in Catalan are fined".

The Rapporteur mentions the language "so that it is not subjected to discrimination", but Cs recalls "the situation of vulnerability in which the Spanish language is found as a very minority vehicular language of the education system in Catalonia. In addition, the Spanish language is the mother tongue of most Catalans, so the Unesco standards of protection for the mother tongues are not being met either".

The member of Parliament of Cs Susana Beltrán regrets, in statements to Global Chronicle, that the rapporteur Varennes did not find a time in his agenda to meet "with the political group that won the elections in Catalonia, because the logical thing would have been to gather information, not only from the Catalan Government, if one wants to be objective and to know the Catalan reality".

Beltrán hopes that the rapporteur could incorporate her reflections in the final conclusions, which will be presented to the Human Rights Council of the United Nations in March 2020.

Close relationship between the Generalitat and the United Nations

The relationship between the United Nations and the Generalitat is very close, as can be seen in the agreements signed between the Government of Puigdemont and the United Nations, to which this newspaper has had access. At the end of 2016, the former president of Catalonia signed an agreement with the Office of the UN High Commissioner for Human Rights, whereby the Catalan Government undertook to contribute financially to their defense.

The Catalan Administration made a contribution of 100,000 euros. The document was signed in Geneva by the United Nations High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, representing the aforementioned Office of the High Commissioner, while, interestingly, Puigdemont undersigns the agreement on behalf of "the Generalitat of Catalonia (Kingdom of Spain)".






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