On October 1, voters in the autonomous region of Catalonia were called to participate in a referendum which addressed the question of Catalan independence in the form of a republic. The referendum was a success for the region’s secessionist aspirations. Nonetheless, this success was neither legal, nor politically tenable, nor desirable.

There is no doubt that the referendum was both illegal and unconstitutional. This makes the foundation of the new would-be independent state extremely tenuous. In September, the Catalan Parliament approved a law which called for a referendum. Independence would take place if a simple majority of voters voted for it.

However, this law lacks legislative backing. Opposition parties called on voters to abstain and did not participate in the sessions that discussed this law. The lack of support from the opposition means that the law was in itself illegal according to the regional Statutes of Autonomy which require a two-thirds majority in the Catalan Parliament for there to be a change in Catalonia’s status.

The Spanish Constitutional Court also declared the referendum as unconstitutional since the constitution does not allow for a vote on the secession or independence of any region. The Catalan government argued that the referendum was an issue which only Catalans should have a say in and invoked the right to self-determination.

Embarking on a journey of statehood on such feeble legislative grounds would be dangerous.

There can also be no doubt that the referendum has no political legitimacy. While Catalan officials claim that 90 per cent voted in favour of independence, the turnout was low. Only 2.2 million out of 5.3 million registered voters turned up to vote. Around 750,000 votes could not be counted since the polling stations were closed and the ballot boxes confiscated. Thus, the referendum also lacks the majority of popular approval which such defining legislation requires.

The outcome was also an undesirable one. In its attempt to uphold the law, the Spanish State plunged the entire country into a crisis, which will not easily be solved. The images of police officers, armed with riot gear, assaulting voters and shutting down polling stations shook many to their core. The sight of injured men and women, the violent snatching of ballot boxes and the forceful closure of polling stations has reinforced the unjust image of a repressive Spanish State.

Mariano Rajoy is being depicted as a western version of Recep Tayyip Erdoğan. After the referendum, he stated the events show that “Spanish democracy is strong and demonstrate that Spaniards and Catalans must remain united”. The events show the exact opposite.

His stance towards Catalan independence is being equated with that of General Francisco Franco. During his time in office, symbols of Catalan political identity were suppressed. Several cultural and political movements were driven underground, and a Catalan government-in-exile was appointed. It was only in 1980 that Catalonia was established again as an autonomous community.

Madrid’s decision to use force will strengthen the resolve of the secessionists. Police brutality gave some moral legitimacy to the illegal and unconstitutional referendum

There are no parallels between Rajoy and General Franco. However, the current crisis was exacerbated by the actions of the Madrid government. An unintended consequence is that the Catalan narrative has been strengthened by the events surrounding the independence referendum.

Approximately 840 voters were injured by Spanish police and the Guardia Civil. The Spanish interior ministry said that 12 police officers were hurt and three were arrested. 92 polling stations were closed. News footage showed the Guardia Civil using batons to deter a group of fire-fighters from protecting crowds in Girona.

The President of the Generalitat of Catalonia, Carles Puigdemont, was due to vote in a polling station in the same city. Riot police closed this polling station forcing him to vote in another station. In a televised address Puigdemont said: “With this day of hope and suffering, the citizens of Catalonia have won the right to an independent state in the form of a republic.”

Rather than stress on the illegality and the lack of popular legitimacy, the Spanish government used force thereby strengthening the Catalan nationalistic narrative of a long-suffering and oppressed people. It did not cement the image of the Catalans as much-needed participants in a vibrant Spanish democracy. The Spanish government emerges as the aggressor rather than a partner.

Madrid’s decision to use force will strengthen the resolve of the secessionists. Police brutality gave some moral legitimacy to the illegal and unconstitutional referendum. This presents the Catalan nationalists with a moral victory and a political weapon.

Firstly, it creates a deeper chasm between Madrid and Barcelona. The differences are not limited to language, culture, politics and economics. The referendum was not declared null by the full force of the law; rather its nullity was enforced through violence. This will influence even the most ardent supporters of the unity of the Spanish State.

Secondly, the use of violence means the referendum is no longer an internal matter. Before the referendum, the international reaction was muted since this was a matter which concerned only the internal dynamics of the Spain. The use of violence means that the international community will find it hard to remain silent.

Striking a balance will be difficult. The EU will be reluctant to take a position since it regards separatism as dangerous. Its credibility will, however, be dented if it fails to comment on the excessive use of violence by the Spanish police.

Thirdly, there will be concerns that the Catalan referendum will encourage other separatist movements. Spain itself needs to contend with similar movements including the Basque minority.

What is certain is that the mishandling of this crisis will have repercussions which will be felt beyond the borders of the Catalan autonomous region.

andre.deb@gmail.com

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