Rafael Pous

This article and other articles I have gone up to this blog were originally written in Spanish , my blog for obvious reasons news articles and publish decide not written in Spanish language , if other languages ​​such as:

CATALAN as the language

FRANCES as one of the most popular languages ​​in the world and also CATALAN neighboring country .

 LITHUANIAN and thank you LETON as two nations because their prime ministers in a statement said that when CATALAN gained independence would be the first to recognize us as a country .

GERMAN because it is another very important languages ​​in the world.

ENGLISH to be universal language and personal thanks because more than 40% of the entries in this blog are from the U.S. .

This post from a few days ago and receives over 1000 hits per day . I take these lines to thank all the people who follow their loyalty. Thank you very much !

Translations into different languages ​​always use Google translator .

26 gener , 2013

The right of self-determination of the people of Catalonia is mandatory law in Spain .

[ I write this article with the intention that has spread throughout Spain , and so I write in Castilian , one of my two mother tongues . ]

On 11 September 2012 two million Catalans took to the streets to demand independence . I was there and there is no other possible interpretation to what people wanted. The response of the Spanish political class was strong and based primarily on a single argument : the independence is illegal.

When it is remembered that the right of self-determination protects the Catalans , we are told that the right to decide on all Catalonia is Spanish , since Catalonia is not only a part of Spain . There are many arguments in support of the Catalans right to decide their own future : existing sovereignty for over 700 years and illegally revoked the Nueva Planta decrees , territorial and linguistic unity , the existence of organs of political representation of long tradition as the Generalitat , etc. .

However, the clearest argument is that the Spanish Constitution recognizes . This argument has already been presented several times , but is so fundamental that it is worth re- expose in some detail and with some tints. I'm not a lawyer, I'm an engineer , and as such I am used to think things through logically. Let it in steps.

It is known as the International Bill of Human Rights (IACHR , or IBHR its acronym in English ) to a set of three important international treaties , they began to write after the Second World War, and which entered into force in 1976 , curiously only months after the dictator's death . These three agreements are:

The Universal Declaration of Human Rights (UDHR , or UDHR ) .

The International Covenant on Civil and Political Rights ( ICCPR , or ICCPR ) .

The International Covenant on Economic , Social and Cultural Rights ( ICESCR , or ICESCR ) .

These three tradatos are universal , ie applicable to all human beings and the communities that they form , and were ratified , as it could not have been otherwise , by the Spanish State .

Fundamentalment The UDHR refers to individual rights , and does not mention the right to self determination. However, the ICCPR , in Article 1 , sole article of Part I , says:

Article 1

1. All peoples have the right of self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural .

Two . To achieve their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation based on the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

Three . The States Parties to the present Covenant, including those having responsibility for the administration of Non -Self-Governing and Trust Territories , shall promote the realization of the right to self-determination , and shall respect that right, in conformity with the provisions of the Charter of the United Nations .

That is, the International Covenant signed by Spain includes the right of self-determination of peoples, and forces him to respect and promote this right. What's more , the ICESCR , collect exactly the same written in Part I, Item 1.

It seems therefore evident that the people of Catalonia has , according to two of the most important international treaties signed by Spain , fully recognized the right to self-determination . However, the government of Spain , and the main opposition party contend that this right is contrary to Spanish law and the Constitution. Let's see .

In 1977 , during the transition but before the adoption of the Constitution , the accession of Spain to the various covenants of the IACHR explícitament moved to Spanish legislation . For example , in the Official Gazette , no. 103 of April 30, 1977 , pages 9337-9343 , els proclaims himself King of Spain regarding the ICCPR :

JUAN CARLOS I

KING OF SPAIN

...

COME TO APPROVE AND RATIFICATION AS PROVIDED IN LIKE THIS UNDER THE APPROVE AND RATIFIED , promised to obey , observe AND MAKE YOU PROMPTLY MEET AND OBSERVE IN ALL ITS PARTS , WHOSE PURPOSE, FOR MORE VALIDATION AND FIRMLY , KNOB INSTRUMENT OF RATIFICATION THIS ISSUE SIGNED BY ME, PROPERLY SEALED and endorsed by the UNDERSIGNED FOREIGN MINISTER .

and then literally transcribre the ICCPR , including Article 1. That is, in this issue of the BOE , the literal phrase is included :

ALL PEOPLE HAVE THE RIGHT TO SELF-DETERMINATION . UNDER THIS RIGHT DOWN YOUR CONDITION FREE POLICY AND ALSO PROVIDE YOUR ECONOMIC DEVELOPMENT , SOCIAL AND CULTURAL .

and in it the King of Spain , Juan Carlos I, promises " fulfill , observe and enforce and timely notice " .

A year later , in 1978 approving the Constitution , which in Article 10 single article of Title I , the Constitution refers to "The Rights of the People" , a reference to the Commission , and therefore the three treaties that comprise : the UDHR , the ICCPR and the ICESCR. The second paragraph of that article reads :

The rules relating to fundamental rights and freedoms that the Constitution shall be construed in accordance with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain .

Further , Article 96 of Title II , the Constitution says:

Validly concluded international treaties , once officially published in Spain , shall form part of domestic law. Their provisions may be repealed, amended or suspended in the manner provided in the treaties themselves or in accordance with the general rules of international law .

Since none of the treaties of the Commission has been repealed , modified or suspended by Spain , the three form part of domestic law of Spain , ie are binding laws by the Spanish State .

The only logical conclusion is therefore that Spain recognizes the right to self-determination of peoples. The only question that remains to be answered is: What is Catalonia a nation in the sense of the Commission ? The Spanish government argues that the only people entitled to decide is the Spanish people as a whole. Well, the government of Spain would do well to carefully read the Constitution , as neither more nor less than in its preamble says that it is the will of the Constitution :

Protect all Spanish and peoples of Spain in the exercise of human rights, their cultures and traditions, languages ​​and institutions.

If we think that the ICCPR and ICESCR were ratified in 1976 , when it began to take shape the drafting process of the Constitution , it seems almost impossible not to see in this paragraph a direct reference to them. He speaks of "human rights" , and speaks of " peoples of Spain " in the plural , not " Spanish people " in the singular. The Constitution itself recognizes , using exactly the same nomenclature used by UN treaties which Spain is composed of different people, not one, and it is to these people they are granted the right to self-determination , and Spain is obliged under these treaties , to respect that right.

What's more , on the website of the Ministry of Education and Science , is available to citizens Salamanca Dictionary of the Spanish Language, not exactly conducive to theses sovereignist . Well, if you look up the word "nation" in the dictionary on- line , there are four meanings , the third of which says :

Three . A group of people , normally within the same territory , united by historical, cultural , linguistic or religious who feel part of a community : the Catalan nation , the Basque nation , the Galician nation . Synonym: country.

A website of the Government of Spain acknowledges that Catalonia is a nation ! The government itself acknowledges , therefore, that Catalonia is a nation , a country, a people, and therefore , according to international law ( ICCPR and ICESCR ), the BOE and the Constitution , Catalonia has the right to self-determination .

Often also attempts to deny the right of self-determination Catalonia acting under Article 1, paragraph two of the Constitution , which says:

Two . National sovereignty belongs to the Spanish people , from whom emanate the powers of the State .

There is no contradiction . Self-determination is a right, and as such may or may not be exercised. As the people of Catalonia have not exercised , has been integrated into the Spanish people , unique political and legal subject so far, as part of their sovereignty. Precisely what allows the right to self-determination enshrined in the Commission is the proclamation of a new political and legal sovereignty. This is precisely what made the Catalan Parliament on January 23, 2013 , approved by 85 votes in favor , 41 against and 2 abstentions a Declaration of Sovereignty which states that :

The people of Catalonia has , for reasons of democratic legitimacy, political subject matter of legal and sovereign.

From this point there are two sovereignties , of the people of Catalonia and the Spanish Village . Since international law is always above the national , Article 1 of the Constitution should be interpreted only as the description of the legal and political situation at the time of approval, but that has now been amended by virtue of a right of self recognized both by international law , as by the domestic law of the Spanish State .

It is now understood why Canada did not oppose the right to self- Quebec , and the United Kingdom to Scotland ? Spain not only can , but must negotiate with Catalonia holding a referendum , since this was the will of the people of Catalonia , expressed at the polls last November 25 . Hopefully see reason.

Rafael Pous

Cercle Català de Negocis

Barcelona , January 26, 2013