EDINBURGH’S Centre for Constitutional Law has taken the lead in an international call by constitutional experts for a dialogue between the governments of Spain and Catalonia.
Along with the US Center for Constitutional Transitions, the Edinburgh’s centre has released an open letter on the constitutional crisis in Catalonia entitled A Call for Dialogue.
Asanga Welikala, director of the Edinburgh centre and lecturer in public law at Edinburgh University’s School of Law, was a coordinator of the letter.
It is also signed by two Edinburgh University law professors, and nearly 60 other international experts on constitutions.
The letter calls on the heads of the Spanish and Catalan governments to act in a good faith, and conduct an open-minded constitutional dialogue on the political status of Catalonia.
It urges Carles Puigdemont, the president of Catalonia, to acknowledge the legitimate concerns of those who doubt his government has a democratic mandate to pursue Catalan independence.
The letter says the best way to do that is to organise a referendum to give a more accurate indication of the aspirations of the Catalan people. It urges Spanish premier Mariano Rajoy to publicly recognise such aspirations as legitimate and refrain from repressing them.
The experts call on both sides to embrace a popular referendum as the best means of getting a clearer picture of Catalan aspirations for independence.
They also invite both sides to work towards a negotiated constitutional settlement that would protect the constitutional rights of everyone involved.
It suggests the referendum on October 1 did not indicate the majority of Catalonia’s citizens preferred independence “over less radical constitutional alternatives”, and adds: “Whatever the outcome, a new constitutional settlement must command widespread allegiance. Wherever it lies, such allegiance will need to be ascertained credibly – fairly, democratically and, to the greatest extent possible, accurately.
“Perhaps emboldened by a particular interpretation of international law, Mr Rajoy’s government appears indifferent to the aspirations of millions of Catalans who wish to be governed differently, in a state with which they will identify more intensely and comprehensively.
“As do many governments around the world who find themselves in similar situations, the Spanish government responds to such aspirations repressively, thinking that such responses carry no repercussions under international law.”
It says Rajoy’s strategy of arresting and prosecuting individuals on charges of sedition is unsustainable in the long run and if it continues would cause large-scale violations of individual human rights.
“Though the arrests of prominent Catalan sovereigntists may be legal, we doubt that they contribute to the ethical, social and political objectives which the ideal of legality serves in practice,” the letter says, adding: “We are convinced the best way for Mr Rajoy to dispel lingering doubts about the sincerity of his calls for dialogue is to make clear that his government will not simply dismiss democratically verified demands for Catalan independence as unconstitutional, but rather that it will engage them in good faith, empathetically and open-mindedly.
“Whatever its flaws, a freely organized and impartially policed democratic referendum is still the best vehicle for determining the grassroots support for such a demand.”
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