Independence referendum in Catalonia 2017

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Ballot papers with trilingual inscription (Catalan, Spanish, Occitan)
Photo of a house with the flags "Si" and the Estelada
Flags of independence supporters in Barcelona

On October 1, 2017, the regional government of Catalonia held a controversial referendum on the independence of Catalonia ( Catalan Referèndum d'Autodeterminació de Catalunya ). After the unsuccessful referendum of 2014 , the Catalan regional government pursued an independence referendum for the second time .

The Spanish Constitutional Court had previously declared the vote to be illegal as the Spanish Constitution does not provide for votes on the independence of an autonomous community ; the Spanish government tried to prevent the interview citing their lack of legal basis. The Catalan independence movement, however, relied on a law that was narrowly passed by the regional parliament in a controversial vote. Such a referendum was a key election promise made by the Catalan government factions Junts pel Sí (JxSí) and CUP, elected with a narrow majority in the 2015 regional elections .

After the vote, the Catalan authorities reported a turnout of 42.3% and around 90% support for independence. An independent check of these figures was not possible due to the circumstances of the referendum. The referendum led to a constitutional crisis with the proclamation of an “independent republic” a few weeks later and the subsequent disempowerment of the Catalan regional government by the Spanish government and new regional parliament elections in December 2017 .

Context and history

Since 1979 the region of Catalonia has had the status of an autonomous community in Spain. The autonomous communities are comparable to the German federal states in terms of their competencies and they also have extensive legislative powers. The political institutions of Catalonia named Generalitat de Catalunya include the regional parliament ( Parlament de Catalunya ), the Prime Minister elected by the latter ( President de la Generalitat ) and the government formed by this ( Govern ).

After the Transición , the politics of Catalonia from 1980 to 2003 were determined by the liberal-democratic party alliance Convergència i Unió (CiU) and its Prime Minister Jordi Pujol . On the question of the status of Catalonia, the CiU pursued a pragmatic line characterized by conservative regionalism. Only parts of the alliance openly advocated independence. In 2003, the CiU top candidate Artur Mas lost the regional elections against a left alliance of socialists ( PSC ), Republican left ( ERC ) and Greens ( ICV ).

2006 Statute of Autonomy

Under the government of the alliance of PSC, ERC and ICV, a new statute of autonomy for Catalonia was drawn up. This new regional constitution was intended to expand the existing autonomy of Catalonia and to regulate relations with the Spanish central state.

In the referendum of June 18, 2006, 73.9% of voters (with a turnout of 49%) voted in favor of the new statute. The text was only confirmed by the Spanish parliament after some serious changes. After being signed by King Juan Carlos I , the law came into force on August 9, 2006.

The Spanish Constitutional Court , which was appealed to by the conservative People's Party ( PP ), declared the Statute of Autonomy to be unconstitutional in 14 of 223 provisions on June 28, 2010 after a four-year process. The regional governments of Aragón, Valencia, Murcia, La Rioja and the Balearic Islands as well as the Defensor del Pueblo had also sued against the statute .

Another important turning point is the rejection of a "fiscal pact" aimed at by the regional government, which the central government did in September 2012.

Various aspects are mentioned as further reasons for the development after the judgment of the Constitutional Court. These include the “refusal of an effective compromise solution” and the “unwillingness of the PP government to enter into dialogue”, whereby both sides “poured additional fuel into the fire” in order to distract attention from corruption scandals at the highest level. In addition, there was a "loss of confidence in the Spanish institutions" on the Catalan side and "high savings victims" in the context of the economic crisis.

Referendums on the independence of Catalonia 2009–2011

In the meantime, the Spanish government's relations with economically strong Catalonia had become increasingly strained due to the Spanish economic crisis from 2007 onwards . The fact that Catalonia, with a population of 15%, generates almost a quarter of the Spanish GNP and annually transfers large parts of the tax revenue to the Spanish central budget and other regions, and the impression of a Spanish blockade attitude since the court proceedings on the Statute of Autonomy in the It began to drag on, leading to increasing dissatisfaction. From 2009 to 2011, referendums on the independence of Catalonia were held in a total of 553 of the then 947 Catalan cities and municipalities. These were not binding and only achieved a low turnout, but a large majority of those questioned were in favor of independence.

Referendum on the political future of Catalonia 2014

In the regional elections in 2010 and 2012, the issue of Catalonia's independence became increasingly part of the election campaign. The CiU under Artur Mas emerged victorious from both elections, but had to form minority governments with the tolerance of other Catalan parties.

On December 12, 2013, Artur Mas, together with representatives of the CiU, ERC, ICV-EUiA and CUP parties, announced that they would hold a referendum on November 9, 2014. The question was: “Do you want Catalonia to become a state?” Those who answered this question with “yes” should answer a second question, namely: “Do you want this state to be independent?” The Spanish Constitutional Court thereupon declared on March 25, 2014 the resolution on which the referendum was based on the character of the people of Catalonia as a sovereign political and legal subject to be unconstitutional. On September 29, 2014, it also accepted a regulatory review application from the Spanish government on the decree to conduct a non-referendum referendum, thereby suspending the decree. The implementation of an alternative survey planned by the regional government was also suspended by the Spanish Constitutional Court on November 4, 2014. The referendum was nevertheless carried out on November 9, 2014. With an estimated participation of a third of those eligible to vote, 80.76% said they were “yes” to both questions, ie in favor of independence. The participation in the vote amounted to 36.59% of the unofficial census, which included all persons over the age of 16, EU foreigners and registered foreigners from third countries. In June 2015, the Constitutional Court subsequently ruled the entire procedure of this survey to be unconstitutional.

In 2017, Artur Mas, along with several other regional politicians, was sentenced to a fine for conducting the referendum. He was also banned from holding political office for two years.

General election in Catalonia 2015

In June 2015, the two Catalan bourgeois parties CDC and UDC dissolved their party alliance Convergència i Unió (CiU) , which had existed since 1979 , because the UDC rejected a unilateral declaration of independence and the holding of a referendum not covered by the Spanish constitution. After Prime Minister Mas’s CDC and the rival ERC agreed on a joint candidacy under the name Junts pel Sí (“Together for Yes”), Mas set the elections for September 27, 2015. A central election promise made by Junts pel Sí was to hold an independence referendum within 18 months.

In the election on September 27, 2015, the candidates for independence for Catalonia Junts pel Sí (39.6%) and CUP (8.2%) received a total of 47.8% of the vote. However, this result was enough for 72 seats ( Junts pel Sí 62, CUP 10) and thus a majority in the regional parliament, which has a total of 135 seats.

At its session on November 9th, 2015, the Catalan Parliament passed, with the votes of Junts pel Sí and CUP and against the votes of all other political groups, a "resolution on the start of the political process in Catalonia as a result of the election results of September 27th, 2015". This resolution states u. a. that Parliament proclaims the beginning of the process of creating an independent state and initiating a constitutional process. Particularly explosive is the passage after which the parliament declares that "as the guardian of sovereignty and as an expression of the constitutional power" in the process of the "democratic separation from the Spanish state" it will not submit to the decisions of its institutions and in particular the constitutional court . The central government in Madrid filed a constitutional complaint against the resolution of the parliament of November 9, 2015. By judgment of December 2, 2015, the Constitutional Court upheld the action and declared this parliamentary resolution unconstitutional and null and void.

A government was not initially formed because the anti-capitalist CUP refused to help Prime Minister Artur Mas to be re-elected. It was not until January 9, 2016 (one day before the deadline for the election of a prime minister, which would have required a new parliamentary election), that Junts pel Sí and the CUP agreed on Carles Puigdemont , the previous mayor of Girona , as the new head of government.

Referendum Act of 6 September 2017

A resolution for a constituent process and a subsequent independence referendum “by September 17, 2017 at the latest” was passed by the Catalan regional parliament on October 6, 2016. The Spanish central government under Mariano Rajoy (PP) then called the Spanish Constitutional Court, which declared this resolution unconstitutional on December 14, 2016.

In June 2017, the referendum was formally announced first in the Catalan Parliament, then at a large rally in Barcelona for October 1, 2017, regardless of whether the Spanish Constitutional Court allows it or not. “Do you want Catalonia to be an independent state in the form of a republic?” Was chosen as the formulation of the question in the referendum. The proposed ballot will contain this question in Catalan , Spanish and Occitan ; the latter because Occitan in its Aranese dialect is the official language in the Val d'Aran with a few thousand inhabitants.

A law on the implementation of the referendum was originally planned for August, but was only passed in a tumultuous session by the Catalan parliament on September 6, 2017, in disregard of the parliament's own house rules. The 72 MPs from Junts pel Sí and the CUP voted for the law . The eleven MEPs from the Catalunya Sí que es pot group (joint group of Podemos , ICV and EUiA ) abstained. The 52 MPs from Ciudadanos , PSC and PP left the plenary before the vote; the 2/3 majority required for the law was not given.

The law provides that the result of the referendum is binding. If there are more yes than no votes, according to Art. 4 of the law, the regional parliament should convene within two days of the publication of the voting results to declare the independence of Catalonia; in the opposite case, the law provides for new regional parliament elections. For the result, it should only depend on the number of yes or no votes, the amount of voter participation and the number of abstentions and invalid votes would be irrelevant. The law was viewed by the legal philosopher José Luis Martí as a transitory constitutional order and a constitutional coup d'état . Together with Law 20/2017, which was passed the following day under similarly turbulent conditions, a pre-constitution or transitional constitution would have been formed.

The law has been sharply criticized by the Spanish government and the press; It was an illegal law that was unilaterally and without discussion , in violation of the rule of law, the Spanish constitution and the regional Estatut de Autonomía de Cataluña . A day later, the Spanish Constitutional Court suspended the law and banned a number of Catalan officials, the Catalan media and the mayors of the 948 Catalan municipalities from participating in the preparation of the referendum.

682 of 726 polled municipalities wanted to hold the referendum anyway. However, among the municipalities that have refused to provide municipal facilities as voting venues are some large cities ruled by PSC mayors, such as the two provincial capitals Lleida (140,000 inhabitants) and Tarragona (130,000 inhabitants) or those in the vicinity of Barcelona the cities of Terrassa (215,000 inhabitants) and Hospitalet de Llobregat (250,000 inhabitants). The Lord Mayor of Barcelona, Ada Colau , after a long hesitation supported the proponents of a vote.

Developments by October 1st

Demonstration by referendum supporters in front of the Catalan Ministry of Economic Affairs on September 20, 2017

The celebrations for the Catalan National Day on September 11, 2017 were dominated by the independence referendum. Several hundred thousand, according to the police, up to a million people demonstrated in Barcelona for independence.

On September 13, 2017, the Spanish General Public Prosecutor's Office requested the public prosecutor 's offices in the provinces of Barcelona , Tarragona , Lleida and Girona to initiate investigations against the mayors of the now 712 municipalities who had voted for the referendum, summon them and arrest them if necessary. Prosecutor General Jose Manuel Maza issued a letter warning mayors not to be guilty of disregard for the court, perversion of justice and embezzlement, and threatened long prison terms of up to eight years and professional bans. King Felipe VI. in a speech called for compliance with the constitution and peaceful coexistence.

On September 14, 2017, the regional government sent out invitations to 55,000 randomly selected people to work as election workers in one of the 6300 planned polling stations. The electoral commission enclosed a manual in which participation as an election worker was described as a civic duty. At the same time, Prime Minister Rajoy addressed the citizens of Catalonia directly and called on them not to take part in the referendum, which he described as illegal.

The Public Prosecutor General for Catalonia ordered the commanders of the Guardia Civil and Policía Nacional state police in charge of Catalonia and the commanders of the Catalan police force Mossos d'Esquadra to confiscate urns, ballot envelopes and other voting materials, as all actions aimed at preparing and holding the referendum would satisfy the offenses of disobedience to judicial decisions, perversion of justice and misappropriation of public funds. A judge at the Barcelona Investigative Court ordered the Civil Guard to block the referendum's official website, operated by a Catalan web hosting company. A new website hosted outside of Spain was activated a few minutes after the lockdown.

From mid-September 2017, the police confiscated information material from the regional government on the referendum, voting material (election notifications, summons for members of the electoral boards, etc.) and election advertising. On September 19, 2017 (almost two weeks before the scheduled vote), a list of the voting locations was still not available on the regional government's website hosted abroad. On September 20, 2017, officers of the Guardia Civil carried out house searches and the like on the orders of an investigating judge. a. in several buildings of the regional government. 14 people, mostly senior officials of the regional government, were arrested. In Bigues i Riells , 9.8 million ballot papers and other voting material were confiscated. On September 22, 2017, the members of the Electoral Committee ( Sindicatura Electoral ), which under the Referendum Act would have been responsible for determining the result and monitoring the voting process , announced their resignation on the advice of the regional government to avoid fines threatened by the Constitutional Court . On September 27, 2017, the investigative judge of the Tribunal Superior de Justicia de Cataluña ordered the Guardia Civil, the Policía Nacional and the Mossos d'Esquadra to prevent or prevent the opening of public buildings intended as voting rooms on October 1 to close and to confiscate any voting material found. The data protection authority Agencia Española de Protección de Datos pointed out in a communication dated September 29, 2017 that the entry of the vote in the electoral roll by the members of the electoral boards and their return to the administration after the vote constitutes administrative offenses (illegal data processing or disclosure ), which are threatened with fines of up to 300,000 euros.

Differences to the 2014 referendum

In 2014, the institutions of the Spanish state limited themselves to suspending the referendum through hearings before the Constitutional Court and to having the legal basis withdrawn from it through the subsequent decision on the procedure, so that the questioning did not come with the legal guarantees required for a referendum ( Electoral roll etc.) could be carried out. However, the actual implementation of the referendum on November 9, 2014 was not prevented, whereby the actual implementation in 2017 led to the conviction of Artur Mas , Joana Ortega and Irene Rigau by the Constitutional Court.

In 2014, the Catalan regional government no longer based the referendum itself on the legal basis suspended by the Constitutional Court, but classified it as an alternative survey with the designation “citizen participation process”. In 2017, however, it adhered to the implementation on the basis of the suspended referendum law, which expressly provides in Article 3 that it takes precedence over all other legal norms that conflict with it.

Comments in advance of the vote

Observers such as the "Alliance for Securing Democracy" registered how pro-Russian websites broached the issue of the Catalonia conflict - as had secessionist movements in Crimea and Kurdistan before.

Opinion polls

As the question of independence was of increasing importance to the Catalan public, numerous opinion polls on the subject were held in Catalonia from 2010 to around mid-2017.

There are no clear majorities directly on the question of independence. As a rule, both the yes and the no camp fluctuate around 40 to 50 percent, with a few percentage points difference.

politics

  • PP : As the ruling party, the conservative PP supported the stance of their government, but held back until shortly before October 1st with their own statements. Like the Ciudadanos, she complained about "Hispanophobia" in Catalonia.
  • PSOE : The Spanish socialists rejected the referendum. Instead, they are striving for constitutional reform or a dialogue with the regional government. In addition, JxSí's understanding of democracy was sharply criticized.
  • Podemos : The left-wing group Podemos ( Podem in Catalonia) campaigned for a legal, negotiated referendum before the referendum and accused PP and Ciudadanos of immobility. She rejected a possible unilateral declaration of independence.
  • Ciudadanos : The group known as Ciutadans in Catalonia saw the referendum beforehand as a pretext for a coup ("golpe") or a unilateral declaration of independence, and stated that there was "Hispanophobia" in Catalonia.

science

  • About a month before the referendum, the Generalitat published an expertise it had commissioned. The scientific report contained a historical outline of the last 30 years and based the regional government's position on international, EU and constitutional law. It was created by Nicolas Levrat, University of Geneva (coordinator), Sandrina Antunes, University of Minho , Guillaume Tusseau from the Institut d'études politiques de Paris and Paul Williams from the American University in Washington DC
  • The constitutional lawyer Bar Cendón ( University of Valencia ), who had also commented on the judgment of the Constitutional Court, referred to the problem that the Spanish constitution provides for referendums (as part of a consultation) for the planned referendum due to the subject - the separation of part of the National territory - but a constitutional amendment would be necessary beforehand, which in turn would have to be confirmed by a nationwide referendum. In addition, the central government could not negotiate an independence referendum per se with the regional government because this issue would not be covered by the constitution. A year before the referendum, Bar Cendón emphasized that the problem could only be solved politically - through negotiation and dialogue - and not legally.
  • The legal philosopher José Luis Martí ( Pompeu Fabra University ) pointed out the possible effects of the order created by the referendum law, but emphasized that the order created by it would not only be illegal, but also democratically illegitimate due to the majority situation.

Culture

  • The criticism of the songwriter Joan Manuel Serrat aroused wide media coverage in Spain. Serrat, who was excluded from the Eurovision Song Contest in 1968 because he wanted to sing a song in Catalan, criticized the regional government's actions and said he would rather be afraid than be ashamed. In his opinion, a rift would have arisen through Catalan society.
  • As other cultural workers, Isabel Coixet , Javier Cercas and Juan Marsé spoke out against the vote.

International level

  • European UnionEuropean Union European Union : On September 7th, Antonio Tajani , the President of the European Parliament , said in a letter to the Spanish MEP Beatriz Becerra that the constitutional order of every EU member state must be respected and that if an area is part of an EU -Separate member state, the EU treaties do not apply there.
EU Commission President Jean-Claude Juncker said on September 14th that the EU would follow the decisions of the Spanish Constitutional Court and Parliament. The EU will respect a yes vote in the referendum, but Catalonia cannot hope to become an independent EU member state immediately after the vote.
  • Council of Europe Council of Europe : In response to a request from Carles Puigdemont , the Council of Europe announced in June 2017 that a referendum could only be held in strict compliance with the Spanish constitution.
  • United NationsU.N. UN : The United Nations has refused to participate as election observer . General Secretary Ban Ki-moon had already stated in an interview in 2015 that, in his view, Catalonia could not invoke the right of peoples to self-determination , as it already had autonomy within the Spanish state.
  • United StatesUnited States United States : On April 13, the US Embassy in Madrid announced that the United States is considering the question of Catalan independence as an internal matter for Spain.
  • FranceFrance France : On June 16, French President Emmanuel Macron described the question of Catalan independence as an internal affair for Spain.
  • GermanyGermany Germany : On September 8, government spokesman Steffen Seibert stated that the federal government was interested in the stability of Spain and that it was necessary to comply with applicable law and the Spanish constitution at all levels. The federal government had already made a similar statement in 2015.
  • ScotlandScotland Scotland : On September 16, Scottish Minister for Foreign Affairs Fiona Hyslop announced that the decision about the future of Catalonia was a matter for the people who live there. Both the Catalan and Spanish governments are likely to position themselves for or against independence. The UN Charter gives all peoples the right to self-determination. The referendum on Scottish independence in 2014 had been cited as a possible model by the Catalan regional government. However, this has been discussed controversially in the media.

Referendum day

Ballot for the referendum

Shortly before the polls opened, the Catalan government spokesman announced that a digital electoral roll had been set up. This means that anyone entitled to vote can cast their vote at any polling station in order to be able to react to the countermeasures announced by the Spanish authorities. It should be ensured that each person entitled to vote could only vote once. This “censo universal” was not provided for in the referendum law. It met with criticism as well as the simultaneous announcement that envelopes should be dispensed with.

The Catalan regional police Mossos d'Esquadra failed to comply with the central government's order to cordon off polling stations and remained passive. Regional police and fire brigade stood in front of the population to protect them. That is why the national police and the Guardia Civil were used against the Catalan independence advocates . The police confiscated some ballot boxes and ballot papers and broke human chains that had formed; This resulted in fistfights and the use of batons and rubber bullets. According to eyewitness reports, rubber bullet ammunition was used in the regional capital of Barcelona . In Girona , the police cordoned off a sports hall that was used as a polling station and where regional president Carles Puigdemont wanted to cast his vote. There were clubs and barricades in front of some schools in Barcelona that had been converted into polling stations.

The number of people injured is controversial. The Catalan Health Authority announced that 893 people received medical care as part of the clashes. Around three weeks later, that number was increased to 1,066. In total, however, there were only 4 admissions to a hospital; these included two seriously injured people who had a heart attack as a result of the events and an eye injury from a rubber bullet. The Spanish Interior Ministry initially put the number of injured police officers at 39, but on October 2 corrected that number to 431 officers who suffered bruises, kicks, scratches or bites.

According to an assessment by The Economist , the violence remained isolated overall. Die Zeit reported on normal electoral conditions and evaluated the police operation with the conclusion that the regional government had received the required pictures through him. According to the Generalitat de Catalunya, 400 polling stations (out of around 2,300 originally planned) with 770,000 registered voters were affected by closings. On the morning of October 1, the regional government announced that 73% of the voting tables were open: a majority of the population could vote.

In addition, certain photos and reports of police violence during the referendum, which were widely circulated on social networks, turned out to be fake news . Similar indications of fake news had already been given in the run-up to the referendum.

Result of the vote

Vote October 2017
90.09%
7.87%
2.03%
0.89%
Yes No empty invalid

The Generalitat de Catalunya announced the provisional election result: 2,020,144 (90.09%) yes-votes, 176,565 (7.87%) no-votes, 45,568 (2.03%) blank ballots and 20,129 (0.89%) ) invalid votes. The invalid votes were not taken into account for the calculation of the proportions of yes and no votes, as well as the blank ballot papers. 2,262,424 of 5,313,000 Catalans eligible to vote could have cast a counted vote. This corresponds to 42.5%.

At the same time, Spanish media reported numerous irregularities in the electoral process: it was easily possible to vote multiple times or to participate without any ID; Certain constituencies would have more votes than registered voters. Overall, it is difficult to know how many voters actually took part in the vote; the official figures cannot be independently verified, but roughly correspond to the figures from the 2014 referendum.

Immediate consequences and reactions to the vote

On the same day, Catalonia's head of government Puigdemont condemned the police operation as irresponsible and a shame, but the violence on the part of the Spanish state would not stop the Catalans; foreign media consistently condemned the police violence. In protest against the police action, the anarcho-syndicalist CGT and smaller unions called a general strike in Catalonia on October 3rd. Roads and highways were blocked as part of the strike, which was mainly followed in the transport, trade, agriculture, dockworkers and public services sectors. The two unions with the largest membership - UGT and Comisiones Obreras - took part in various mobilizations and in the “paro de país” (standstill of the country), but did not support the general strike themselves.

The EU Commission declared the referendum on October 2 to be illegal. However, even in the event of a legal vote for independence, the territory of Catalonia would leave the EU. Violence cannot be a means of politics. Jean-Claude Juncker assessed the disputes as a domestic political matter for Spain.

According to the referendum law of the Catalan Parliament of 6 September 2017, a declaration of independence should have been made automatically after the referendum. On October 10th, however, Prime Minister Puigdemont initially announced that the expected declaration of independence would be suspended in order to enable a dialogue in his own words. An independent republic was proclaimed on October 27, which led to the subsequent disempowerment of the Catalan government by the Spanish central government, citing a constitutional emergency under Article 155 of the Spanish Constitution and early elections to the regional parliament in December 2017 .

Referendum costs

224,834.25 euros were made for the registration of Catalan voters living abroad; 272,804.36 euros for the announcement of the referendum; 979,661.96 euros for voting papers; 119,700 euros spent on international election observers. These expenses are accused by the Spanish judiciary of the Catalan government and its prime minister as misappropriating tax money.

See also

Web links

Commons : Catalonia independence referendum 2017  - collection of images, videos and audio files
  • Independence referendum in Catalonia 2017 (website of the regional government on the referendum) (Memento from September 26, 2017 on WaybackMachine; English, Catalan, Occitan, Castilian)
  • Catalonia Votes , website of the public-private partnership Public Diplomacy Council of Catalonia (German, English, French, Castilian)

Individual evidence

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