Tag: self-determination

The Indigenous Justice System: History of Limitations And Restorative Justice

by Eva Pechtl

This is the beginning of a series I will be writing about Indigenous justice systems. Though Indigenous people span across the world, I will be providing information specifically on policies and relations of the United States in this blog. Indigenous justice methods are compellingly distinct processes. In this opening post, I will first summarize the history of limitations placed on Indigenous justice and then explore traditions and values behind the restorative processes of Indigenous communities. 

 

Tribal police officers have alternative uniforms and badges sometimes with details representing the Indigenous culture of their community.
An image of a tribal police officer’s uniform and badge from the Salt River Pima Maricopa community in Arizona. Source: Yahoo Images via Flickr

 

History of Foreign Limitations on Justice Processes 

First, it is important to acknowledge the history of legislation put in place by the federal government that has greatly affected Indigenous justice systems. Constant structural changes imposed by colonizers resulted in wide variations between Indigenous tribal justice systems, meaning some are more similar to the US legal system than others. However, overarching this entire topic is the question of whether Indigenous, federal, or both governments presume jurisdiction over criminal offenses in Indigenous countries.  

This question was decided when the federal government essentially ended the exclusive Indigenous jurisdiction over crimes in Indigenous countries. Before exploring Indigenous justice practices, I would like to briefly contextualize the complex and confusing history of Indigenous jurisdiction. 

First, the General Crimes Act of 1817 extended federal jurisdiction over crimes committed on Indigenous land in cases where the defendant is non-Indigenous. At this time, the government only cared to interfere with crimes that involved non-Indigenous people. The Major Crimes Act in 1885 granted the federal government jurisdiction over serious crimes where the defendant is Indigenous, regardless of the victim’s identity. It originally listed seven offenses but has been increased to sixteen. After negotiation, tribal courts retained concurrent jurisdiction to prosecute Indigenous people for any conduct listed as a Section 1152 or Section 1153 felony. This means that an Indigenous defendant can be prosecuted by both the tribal justice system and the federal justice system for the same offense. This is because protection against double jeopardy in the Bill of Rights doesn’t apply to Indigenous nations.

Indigenous people gained more power to govern themselves in 1934 with the enactment of the Indian Reorganization Act. While it recognized tribal governments, the act offered money to those mirroring the U.S. Constitution, attempting to Americanize Indigenous societies. Many customs had disappeared, and Indigenous people were intentionally challenged to create self-government among distinct nations. 

Next, Congress enacted Public Law 280 in 1953, requiring six states to assume civil and criminal jurisdiction on reservations, meaning the federal government gave up jurisdiction over Indigenous people to those states. This law was opposed by Indigenous nations because it was an unconsensual process that further complicated and failed to recognize tribal self-determination. 

The Indian Civil Rights Act in 1968 offered states civil and criminal jurisdiction with the “consent of the tribe” over crimes in any Indigenous country in the state. It limited the sentencing powers of tribal courts but did not require the separation of church and state because of the importance of spirituality in all processes. The Tribal Law and Order Act in 2010 intended to improve tribal safety, slightly increasing tribal sentencing authority to a maximum of 3 years and a $15,000 fine. However, these new privileges were dependent on the imposition of further regulations regarding due process protections in tribal courts.  

Finally, the Violence Against Women Act (VAWA) in 2013 authorized tribal courts special jurisdiction over non-Indigenous offenders in domestic violence cases. This was a landmark shift from the Supreme Court decision Oliphant v. Suquamish Indian Tribe in 1978, which held that tribal courts have no authority to prosecute non-Indigenous people, even if the victim was Indigenous. The VAWA was amended again in 2022 to expand special tribal jurisdiction to a list of covered crimes, including child and sexual violence, sex trafficking, and assault of Tribal justice workers. Indigenous courts can now prosecute and sentence regardless of the offender’s race for crimes against Indigenous victims that had commonly been ignored.

 

Indigenous people march and hold signs in the street to demonstrate their rights against colonization.
An image of Navajo people marching for the decolonization of Indigenous justice systems.    Source: Yahoo Images via Occupy Boston

 

Because of colonization, Indigenous peoples’ principles have gone unrecognized by America’s Anglo-centric justice system. Consequently, Indigenous nations retain limited power to create a befitting legal structure that administers justice. However, they continue to persevere and have cultivated distinct methods, such as restorative and healing practices. 

 

Harmony and Balance in Restorative Justice 

In Indigenous communities, restorative court systems are similar to traditional systems where a council of tribal elders or community leaders will facilitate conversations to resolve interpersonal problems. In this type of resolution, the compliance of the offender is necessary for the families involved. Most importantly, this process attempts to heal the underlying means for a crime, preventing repetitive behavior and aiding the offender’s reintegration into the community. These types of meetings are also known as forums and can be conducted within families and communities. 

In various areas of North America, circle sentencing reflects traditional Indigenous peacemaking aspects and has proven to be an effective approach to healing the offender, the victim, and the community. Specific practices vary by tribe, but the idea is to address participants’ feelings about how offenders can begin making up for their actions. Circle sentencing produces better satisfaction and healing, breaking the cycle of crime and allowing people to reconnect with spiritual traditions with the help of their community. In common Indigenous views, justice and spirituality are deeply connected. 

 

Restorative justice intends to improve ties between the offender, the victim, and the community to create a healing-centered process.
An image of a Venn diagram showing restorative justice goals of the overlapping healing between the victim, offender, and community. Source: Yahoo Images via eCampus Ontario Pressbooks

 

Tribal courts differ from other methods since they use written codes rather than being passed on through tradition. These judicial forums handle a range of legal problems and are led by judges from Indigenous communities. Most defendants or plaintiffs must represent themselves since the Indian Civil Rights Act does not ensure the right to legal counsel if individuals cannot afford an attorney. Tribal courts, interestingly, still tend to use family and community forums to handle interpersonal matters. This allows for alternative resolutions, sentencing, and victim-offender mediation. 

Indigenous courts intend to restore harmony and balance to one’s spirit, following the belief that people who are whole do not act harmfully. Judge Joseph Flies-Away from the Hualapai Nation says, “People do the worst things when they have no ties to people” and that “Tribal court systems are a tool to make people connected again.” 

 

Incorporation of Values In Peacekeeping Systems 

Indigenous peacekeeping systems promote the resolution of underlying problems and make an effort to keep relationships strong. Indigenous justice represents a holistic approach where communication is fluid rather than rehearsed. They recognize that argument is not an effective approach and that discussion is vital to review a problem in its entirety. Indigenous justice is inclusive of all affected individuals, different from the American justice system, which often excludes participants. 

The talking circle is common in Indigenous justice methods with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
An image of the Mi’kmaw culture symbolizes the talking circle with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
Source: Yahoo Images via Mi’kmaw Spirit

 

The Navajo Nation’s peacemaking process centers on the individual and helps an offender realize that what they have done is incorrect. Instead of labeling and punishing individuals as criminals to prevent them from repeating the behavior, the Navajo way separates the action from the individual. Retired Chief Justice Robert Yazzie of the Navajo Nation Supreme Court states that the process is related to k’e, meaning to restore one’s dignity and worthiness.  

What I find particularly remarkable about these concepts of justice is that, instead of adopting an immediate punitive approach aimed at simply removing the offender, the system focuses on correction and rehabilitation. Offenders are obligated to verbalize their accountability and take responsibility for changing their behavior. Instead of releasing the offender after their time is served, the system supports reparations to the victim(s) and community involving apology and forgiveness. These Indigenous restorative justice approaches are distinct from America’s legal process, which focuses on labeling and punishing the offender. Furthermore, traditional types of justice are able to promote communal healing and support in reintegration rather than hiring professionals to dispute a case with little interest in the community. 

 

An image of rocks stacked progressively higher symbolizes restorative justice practices of rebuilding an offender’s ties with society as they take accountability for the harm they have done.
Source: Yahoo Images via Policy Options

 

Indigenous leaders continue struggling to ensure that their justice systems are meaningful to their people. We rarely consider Indigenous justice systems, but maybe we ought to start. Please stay tuned for my next blog in this series, expanding on current struggles imposed on the Indigenous justice system and its people. 

Parallels of Democratic Turmoil: Looking at Riots in the U.S. and Brazil

People filled the plaza in the place where all three powers of governance meet in Brasília, Brazil. A sea of green and gold as hundreds of citizens displayed their nation’s colors before entering the seats of power, destroying property, and overpowering the police. People climbed to the roof of the Congress building and unfurled a flag that read “intervention.”

Raging riots in the wake of a new presidency

On January 8th, 2023, citizens stormed Brazil’s Congress, Supreme Court, and presidential offices in objection to the newly incumbent President Luiz Inácio Lula da Silva. Their rage and fear came after the loss of former president Jair Bolsonaro and a false belief that the October 2022 election had been rigged. 

Bolsonaro had steadily fostered suspicion against the integrity of Brazil’s voting system for years, even making such false claims on his 2022 campaign trail. After being ousted, his refusal to concede, alongside his previous claims of fraud, left his supporters reeling. Many demanded for months that the military step in and deny letting da Silva take office on Jan. 1st. 

While the military did not listen to the demands, they did not completely rule out the possibility of vote rigging either. In spite of the fact that the Defense Ministry found no evidence of fraud during the election, one comment stated that “It is not possible to guarantee that the programs that were executed in the electronic voting machines are free from malicious insertions that alter their intended function.” No evidence has been found to support this conjecture either. 

A large plaza with a statue of two elongated figures, the Brazilian flag flying, and buildings in the distance.
Figure 1: Source: Flickr, Leandro Neumann Ciuffo; Three Powers Square with Os Candangos statue and National Congress building in the background, Brasília, Brazil.

In the wake of growing suspicions and conspiracies, Bolsonaro supporters, known as “Bolsonaristas,” stormed the Three Powers Plaza (named after the three branches of governance located there) in a massive demonstration that soon turned violent. 

The facts and events of the U.S. and Brazil riots

The similarities between January 6th, 2021 in the United States and January 8th, 2023 in Brazil are stark. Aside from the dates themselves, both these events signal serious declines in trust in democratic institutions. 

In both instances, supporters overpowered police before entering capitol buildings, breaking windows, stealing items, and documenting their own crimes in the offices of elected legislators. 

People holding flags in support of Trump while pushing against federal police in SWAT gear.
Figure 2: Source: Yahoo Images; Rioters in Washington, D.C., Jan. 6th, 2021.

When capitol riots in the U.S. occurred, it was during the ceremonial certification of the election results and interrupted this important step before President Biden’s inauguration. On the other hand, in Brazil, President da Silva had already taken office nearly a week before. When demonstrators arrived, congress was not in session, nor was anyone within the buildings that Sunday.  

A crowd of people fighting with people in SWAT gear amid smoke on the street.
Figure 3: Source: Flickr, The Pursuit Room; Bolsonaristas riot at the Brazilian capitol against federal police.

This distinction, while slight, is significant to note because, during the time of the riots in Brazil, the actual transition of power had already occurred. In the case of the U.S., the symbolism surrounding the counting of ballots represented a key component of the democratic transition. 

Moreover, in the U.S., citizens only targeted the Congress building, while Bolsonaristas also attacked the presidential palace and Supreme Court. This aligns further with claims that Bolsonaro had made during his term about the Supreme Court conspiring against him. 

Of most importance, and concern, is how federal police responded initially in Brazil. In the case of the U.S., many sources reported that security forces had been unprepared for such escalations, but in Brazil, channels to “invade Congress” had formed on the apps WhatsApp and Telegram. These channels had gathered tens of thousands of followers. Bolsonaristas had formed groups across the country with the intention of renting buses to the capitol for “violent anti-government action.” 

In spite of the clear evidence pointing towards citizen insurrection, the Federal district police and military police took no action. During the riots, many security forces were seen smiling, taking photos, and interacting with Bolsonaritas. 

Transnational connections in far-right groups

Just as former president Donald Trump had attempted to undermine the legitimacy of the 2020 election result, so too had Bolsonaro engaged in making the same false claims over vote-rigging. Incidentally, Bolsonaro had come to be known as the “Trump of the Tropics” during his time in office. But false claims over vote rigging don’t end with these two heads, former aids, current politicians, and social media play a crucial role in fostering anti-democratic extremism. 

Two years after the riots in the U.S., concerns over the legitimacy of Brazil’s election have been a contentious topic among far-right groups in the United States. These groups do not know anything about Brazilian politics, however, social media has connected the two continents to reinforce illegitimate beliefs about the accuracy of democratic processes. 

An image of a smartphone on a wooden table displaying different social media apps.
Figure 4: Source: Yahoo Images, Sankt-Petersburg Russia November 11, 2017; Social media apps on a phone.

During the 2020 U.S. election, conspiracies over the voting machines manufactured by Dominion Voting Systems and Smartmatic had been extremely popular in supporting false claims of vote rigging. Now, these conspiracies have re-emerged but in the context of Brazil, circulating online and in far-right media, despite the fact that neither company’s products were used in Brazil. These lies have found their way onto Twitter, Facebook, Reddit, Truth Social, and Gettr (alternative platforms popular on the right). 

During the Brazilian riots, Bolsonaristas held a banner that stated “We want the source code” in both Portuguese, the nation’s most spoken language followed by Spanish, and English. This is a direct reference to the conspiracies spread first in the U.S. further emphasized by the languages of choice. 

Moreover, dating back to October, Steven Bannon, former Trump aid, has been drawing parallels between the Brazilian election and the U.S. on his podcast. Sites like The Gateway Pundit have published blogs the morning after the first round of elections in Brazil about “MASSIVE fraud” and Matthew Tyrmand, a conservative activist, has repeatedly pushed the idea that Smartmatic machines were used in Brazil to tens of thousand on Twitter and Gettr. 

Incidentally, Bannon, who has also been pushing for supporters to run in local elections and become election workers and poll watchers, has developed close ties with Bolsonaro’s family.

According to Madeline Peltz the Director of Rapid Response at Media Matters, a left-leaning non-profit and media watchdog, “There’s a sympathetic audience for it in Brazil, and there’s certainly a sympathetic audience for it in the States. The building of a coalition between those two groups is really a win-win for Steve Bannon and the right-wing movement broadly.”

In Germany over a dozen were arrested in 2021 for planning to overthrow the government, while in Australia, the U.S.-centric conspiracies over machine-based voting fraud (even targeting Dominion again) had to be publicly debunked by the Electoral Commission. 

In the end, far-right groups are taking inspiration in each other. Not from a shared set of goals or identities, but from their refusal to accept a candidate’s loss stemming from deep-seated anti-democratic stances. With social media to bridge distances and languages, it has become ever harder for governments to stop false election claims and silence the dangerous rhetoric of election deniers. 

Political environments and human rights

The United Nations maintains democracy as one of its core values alongside promoting international cooperation and human rights. 

Democracy does not always equal or improve human rights. However, the values outlined in normative human rights frames overlap significantly with democratic governance. Democracy provides environments that are more likely to support human rights, as is the case with Articles 8 (right to national tribunals), 9 (arbitrary arrest), 10 (right to a fair trial), and 12 (arbitrary interference) in the Universal Declaration of Human Rights (UDHR) just to name a handful. 

In countries with weak rule of law, government institutions, and corruption, there is a 30 to 45% increase in the risk of civil war and a higher risk of extreme criminal violence. Any country can suffer from one or more of these factors which then threatens the personal security of people and their human rights. 

According to Freedom House, a non-profit that conducts research on democracy, human rights, and political freedom, the last 16 years have been marked by a democratic decline globally. For example, President Nayib Bukele in El Salvador has undermined democratic institutions designed to check executive power. In Peru, riots for the past five weeks have demanded the government disband the legislature and president in favor of new elections, and in the most extreme case, that the military step in to rule. As the youngest democracy in Latin America (restored in 2001), Peru has long suffered poor living conditions which have made the population steadily view the government as corrupt, ineffective, and unfair. In fact, a 2021 poll from Vanderbilt University found that only 21% of the population was satisfied with democratic rule. 

Brazil is a young democracy, previously under a military dictatorship between 1968 and 1985. Considering Bolsonaro’s praise of military rule in office, and the attack on all three democratic institutions, the riots on Jan. 8th signal a larger issue 一 a rejection of the democratic results overall. 

In the case of Brazil specifically, Bolsonaro’s term was marked by rises in violence, especially against Queer people, diminished environmental protections, and displacement of indigenous peoples. 

Conclusion

While citizens always have the right to self-determination, this does not give anyone the right to inflict harm on someone’s personal security or engage in violent acts. In a democracy, tides are always able to change, switching between ideologies and agendas based on the popular vote of the nation. In the case of Chile, violent demonstrations did prompt a constitutional rewrite, however, once this democratic process began the violence ceased and turned towards peaceful demonstrations. 

As President da Silva begins his new term, he will be faced with many challenges to unite Brazil. However, he has already taken major steps in the wake of the riots, arresting hundreds in a single day, beginning an investigation, and removing individuals from security positions. 

For us, we must remain committed to the values of human rights, recognizing the inherent dignity of everyone and continually striving for equity and equality. To do this, we must have faith in the governments that ensure us these rights, and in the cases that do not, we must organize peacefully, research and reach out, and live our lives by our belief in human rights. 

To learn more and get involved, visit these sites and blogs below: 

Constitutional Changes in Chile

The streets of Santiago were filled with the sounds of horns on September 4th. The vote for a new constitution had finally taken place, after three years of sustained protests, and four decades after the dictator Pinochet first replaced the constitution. The people had spoken, and the social contract between the state and the citizens was transformed.

Calls for a new constitution fueled by social movements

Fig. 1: Source: Yahoo Images; Nearly one million protesters during estadillo social. An aerial view of Plaza Italia and streets filled with hundreds of people, one large Chilean flag held over the heads of some.

On October 18th, 2019, thousands of protesters flooded the streets of the capital city, Santiago, Chile. Originally, protests began over frustrations with a rise in the price of metro tickets but quickly compounded with inequality in the state. According to a Foreign Policy article on Chile’s constitutional overhaul, the massive protests were led by students, workers, farmers, indigenous peoples, and left-leaning progressives. They expressed frustrations over a lack of socioeconomic mobility, unresponsive government and institutions, and a disconnected political class. In some instances, these demonstrations included torching metro stations and tearing down statues of Spanish colonizers. To read more in-depth on the protests, read this blog.

While these protests paralyzed the capital and country for weeks, the protests demanding change resonated outside the urban center and spread across the nation. In central Santiago, Plaza Baquedano has been the place of social protest for decades, and three years on, protesters continue to use this symbolic place to voice dissent on social inequalities.

Fig. 2: Source: Yahoo Images, John Treat; Protesters in Plaza Baquedano demanding a new constitution, December 2019. A crowd of people holding aloft indigenous flags, Chilean flags, and signs.

Known as the Estallido Social, or social explosion, the protests signaled a major development in the attitudes of citizens in the state. Protests eventually culminated in a 12-point agreement for social peace and a new constitution. In the eyes of many protesters, numerous contemporary problems traced back to the constitution ratified in 1980 under the military dictatorship of General Augusto Pinochet.

The citizens of Chile have expressed the need for a new constitution in order to value citizen participation. The constitution written under Pinochet leans toward a conservative interpretation and does not include any formal avenues for citizens to participate. While the Magna Carta has been changed in minimal ways since a return to democracy in 1990, the opposition claim that the constitution should be considered illegitimate since it was instituted under a dictator.

Constitutional change under dictatorial rule

On the 11th of September 1973, democratically elected socialist President Salvador Allende was overthrown by a military coup. He was given an ultimatum — to resign from his position or be detained by the Chilean armed forces.

To better understand this consequential moment, we need to understand the context of economic and political factors that had Chile on the brink of a civil war. A few times during his presidency between 1970 and 1973, Allende had made reference to President Balmaceda (1886-91), a previous executive whose conflict with the legislature led to a civil war. Allende refused to become “another Balmaceda” but also claimed he would not be forced from office alive.

In 1971, Allende began nationalizing companies, mainly copper and telephone, both previously owned by foreign US corporations. As a result, Chile stopped receiving aid from the US, and subsequently, the World Bank, the Export-Import Bank, and the Inter-American Development Bank ceased aid as well. By 1973, inflation, labor strikes, and food shortages were uncontrollable as imports had risen while exports plummeted in the face of plummeting copper prices. Soon after, General Pinochet Ugarte, chief of the armed forces, became the dictator of Chile in a violent coup that resulted in Allende’s death.

The constitution was formally rewritten in 1980 to solidify Pinochet’s regime politically and economically. In the new constitution, Pinochet protected private property to such an extent that Chile became the only country in the world to privatize water. Moreover, the constitution concentrated power in the president, from budgetary decisions to law-making. As a result, the executive in Chile remains among the world’s most powerful governing executives.

In the next two decades, thousands of people would be tortured, executed, or forcibly disappeared under General Pinochet’s repressive authoritarian rule. According to Amnesty International, the number of officially recognized disappeared or killed is 3,000 people between 1973 and 1990 and the survivors of political imprisonment and torture is around 40,000 people. After Chile returned to democracy, Pinochet was charged under universal jurisdiction for crimes against humanity.

The writing of a new constitution

After protests continued and swelled to 1 million people, the government decided in mid-November 2019 that a large concession needed to be made. A referendum was set with two questions: Should Chile replace the 1980 constitution, and if so, who should write it?

In October 2020, 78 percent of the voting population favored a new constitution, with the highest participation since the end of mandatory voting in 2012. Moreover, citizens overwhelmingly supported the new drafting by everyday citizens.

Fig. 3: Source: Yahoo Images; Elisa Loncon. A woman wearing indigenous Mapuche clothing waving.

Elisa Loncon, a member of the Mapuche indigenous group, was selected as the president of the constitutional assembly. From the Office of the High Commissioner for Human Rights, the constitutional process in Chile is the first to include an equal portion of women and men, and also includes the indigenous groups historically discriminated against.

“For the first time in our history, Chileans from all walks of life and from all political factions are participating in a democratic dialogue,” Loncon said.

Not only had the social protests begun a sweeping institutional change in the country focused on the economic and political rights of people, but this moment also signaled a significant expression of self-determination.

The process has received help from the UN Human Rights Regional Office for South America which has provided accessible documents, webinars, and publications on the international framework for human rights.

The resulting constitution embodies the standards of human rights law, with rights focused on indigenous people, women, LGBTQ+ people, people with disabilities, and the environment. Also, the new constitution ensures adequate housing, the establishment of a national healthcare system, employment benefits, and mandatory gender parity in the private and public sectors. This new charter represents a sweeping array of human rights, from civil and political to economic, social, and cultural.

Valentina Contreras, the Chilean representative of the Global Initiative for Social, Economic, and Cultural Rights, said “Human rights are the common thread of the constitutional process.”

Rejection and steps forward

The vote for the new constitution was this September 4th, 2022. After two years of drafting the new constitution, 62 percent of Chileans voted against the new Magna Carta and only 38 percent for it.

The National Public Radio reported on the results of the plebiscite. While most states normally rewrite their constitutions during or shortly after the democratic transition, Chile remains an outlier. Additionally, most new constitutions are short, but in this case, the proposed Magna Carta was 388 articles long and considered “confusing” according to Claudio Fuentes, a Santiago political analyst.

This aided a large disinformation campaign launched by more conservative and centrist citizens, claiming the proposed constitution would disarm the police and confiscate people’s private homes. Still, other citizens saw the draft as a product of anger and tension, identifying the new text strongly with the violent protests that had originally spurred its creation.

This represents a loss not only for the constitutional assembly but a commitment to a broad range of human rights. However, as Gabriel Boric, the current president of Chile stated, “You have to listen to the voice of the people.” Extensive social protests first began the move to redefine the social contract between citizens and government, and now democratic procedures have determined the continuance of this process.

This process is not over, Chileans are still waiting on a new constitution. Centrist-left and right-wing politicians have expressed interest in working with the government on the next draft.

Ultimately, while Chileans voted against the proposed constitution, this remains a poignant moment for human rights. Firstly, the level of dialogue on such topics from people of varied backgrounds and historically discriminated groups remains unprecedented in Chile and illustrates the unfettered self-determination of a people. From people organizing and demonstrating their rights to cooperation between radically different political parties, the constitutional assembly remained committed to a document based on human rights.

Students have once again begun protesting at metro stations in response to the rejection. This dialogue will not stop with the constitutional committee, instead, it has and continues to be embodied by the protesters who sparked the original rewrite.

Guardians: The Bridge between the Medical and Social Models of Disability

Getting fitted out for a better future Omar (in the middle surrounded by his brother Rasekh, 10 and sister Majan, 8) was born with weak legs and hands since birth. They came to the Red Cross orthopedic clinic in Kabul with their father to get Omar fitted up for a wheelchair. Rasekh is in grade 4 and love Dari classes – he would like to be an engineer. Omar will have to be pushed around for the rest of his life, but his siblings are happy to support him to have a normal life – he hopes to start school soon. Aid from the UK is supporting the International Committee of the Red Cross (ICRC) to run a network of seven orthopaedic centres across Afghanistan to assist those affected by mobility disabilities, including hundreds of mine victims. The UK is to help provide 3,800 new artificial limbs and 10,000 crutches for Afghan children and adults disabled during 30 years of conflict and extreme poverty. UK Dept of Intl Development
Omar (in the middle surrounded by his brother Rasekh, 10 and sister Majan, 8) was born with weak legs and hands since birth. They came to the Red Cross orthopedic clinic in Kabul with their father to get Omar fitted up for a wheelchair. Rasekh is in grade 4 and loves Dari classes, he would like to be an engineer. Omar will have to be pushed around for the rest of his life, but his siblings are happy to support him to have a normal life, he hopes to start school soon. Aid from the UK is supporting the International Committee of the Red Cross (ICRC) to run a network of seven orthopaedic centres across Afghanistan to assist those affected by mobility disabilities, including hundreds of mine victims. The UK is to help provide 3,800 new artificial limbs and 10,000 crutches for Afghan children and adults disabled during 30 years of conflict and extreme poverty. Source: UK Department of International Development, Creative Commons

I am currently binge-watching Law & Order: SVU. In one episode, “Competence,” the rape survivor has Downs Syndrome (DS). Her mother, who is also her legal guardian, feels DS limits her ability to function “normally” in the world. The main concern of the mother is her daughter’s ability to care for the baby she is carrying as a result of the repeated rapes. The mother’s protection of her daughter extended only as far as she could be with her. Throughout the show, the revelation is that the store owner, where the daughter worked part-time as a stocker, exploited her disadvantage for his advantage. To limit the risk of the baby having DS and added to her belief in her daughter’s inability to care for the baby, the mother arranged an abortion of her daughter’s behalf. The courts stepped in and conducted a competency trial. Placed on the stand, the pregnant rape survivor acknowledged that once she did set fire to the kitchen but that she could now make soup because her boyfriend showed her. She also explained that even though she did not know how to care for a baby yet, she could learn if someone taught her.

As persons with disabilities (PWDs) move from the medical model into the social model in pursuit of independence, often overlooked are the role and needs of the caregiver. Society must begin to acknowledge and identify the paradigm shift occurring across the board. The purpose of this blog is to reflect on the role of parents and caretakers (also referred to as guardians) who attempt to bridge the gap between the medical and social models of disability while encouraging self-determination and protecting their loved ones in a created world that does not have them in mind.

The societal solution to PWDs was eugenics, institutionalization, or isolation–out of sight and out of mind for centuries. The employment of this solution allowed and continues to allow some guardians to abuse the system and take advantage of those in their care, and the pursuit of swift legal action is necessary. However, as societies move towards inclusivity, we must give encouragement and praise to those who through their actions look for avenues and solutions that empower. More specifically, we must continue to champion the guardians. With the implementation of the CRPD, standards of ADA, more universal design efforts, and competency hearings, PWDs are becoming productive members within their communities. So, what does this mean for their guardians who have sacrificed to protect their family member from the cruelty of an able-bodied world and the able-bodied world not used to making allowances for Others, particularly PWDs?

Who is a guardian? Persons with intellectual disabilities often have a legal guardian. The legal guardian acts in the “best interest” of their ward or the person in their charge. Much of the present debate regarding guardianship is the abuse of power in the denial of civil and human rights. In a 2007 study, Dorothy Squatrito Millar found that study participants did not recognize the disconnection between self-determination and guardianship or realize that there are several available alternatives to guardianship. Despite the arrival at the age of majority (18), students with intellectual disabilities did not receive the opportunity to self-advocate; rather, in many instances, they are given directions on what to do, or their guardian did the task for them. The inability to self-advocate as an adult is a denial of personhood, a violation of dignity. “We are adults. They need to accept that” and “they need to put themselves in our shoes sometimes” were some of the responses of the students.

What is notable about the SVU competency hearing is the assumption that all adults know how to care for a baby or balance a checkbook. The implication is that a person with an intellectual disability needs to have a guardian to avoid making any mistakes. As one non-disabled parent in Millar’s study put it, “We all make mistakes, and we all need help sometime—but that doesn’t mean we need guardians.” Most guardians resist the transition to adulthood and self-determination out of fear of exploitation, lack of information, and concern for their disabled child’s well-being. Millar concludes that while there is a significant need for more research on the transition to adulthood, the inclusion of children with intellectual disabilities into decision making throughout their lives does assist in the collaboration between other institutions in providing care that aligns with goals, imparts knowledge, addresses concerns, and maintains dignity and personhood.

 

 

The Kurdish Question

Kurdish soldiers salute the Kurdish flag.
Peshmerga | Kurdish Army. Source: Kurdishstruggle, Creative Commons

Many years ago, or so the story goes, a young, Kurdish man named Mem fell deeply in love with the Emir’s sister – a beautiful, young woman named Zin. This Emir, however, had in his service an ambitious young minister named Beko who coveted the affections of Zin for himself and, thus, set about conspiring to undermine his competition. Ultimately, his machinations proved to be successful, creating a tragic series of events that concluded in a similar vein to that of two far more famous, star-crossed lovers. Mem perished alone in the darkest corner of the Emir’s dungeon, and upon discovering this, Zin followed her lover into the afterlife.

At the funeral, the two lovers were buried side-by-side, but the grave was not yet full. Entranced by the beauty of Zin even in death, Beko leaned over her grave to stare, enraging the Emir:

[He] pulls out his sword and slices off Beko’s head. A drop of his blood falls between the two lovers, and a thornbush grows on the very spot, separating Mem and Zin just as Beko tried to separate them in life. It is said that every time the thornbush is cut down, it grows back. 

The mausoleum of the two lovers still stands today in the city of Cizre, the point at which the borders of Turkey, Iraq, and Syria meet. Yet this story possesses a significance far greater than simple literary achievement. It is the recurring tale of the Kurdish people and their struggle for self-determination.

In this explicitly nationalist story, Mem is a metaphor for the Kurds, while Zin represents the Kurdish homeland. As much as they long for each other, however, there is always a Beko, a meddling outsider, a Turk, a Persian, an Arab who seeks to divide them. The empires of these outsiders may fall, but each plants, in its death throes, the seeds for a new thornbush that will once again deny Kurds self-determination. Ultimately, the modern states of Iran, Iraq, Syria, and Turkey are merely the latest iteration of this thornbush.

Turkey and Iraq threaten Kurds over their independence referendum

Mountain Turks or Kurds?

In the Middle East, citizenship and nationhood strongly revolve around the concept of identity primordialism, involving, among many other factors, a common history, language, culture, and ethnicity. It is primarily on this basis that its enemies seek to deny the Kurdish people self-determination — their right to establish a nation of their own and exercise uninhibited control over their own affairs.

For centuries, states portrayed their Kurdish minorities as merely “ignorant and reactionary ‘Mountain Turks’ speaking a debased [combination] of mixed Turkish, Persian, and Arabic.” This is a sound strategy in the sense that it – if true – nullifies the linguistic and ethnic requirements needed to justify a primordial basis for self-determination. As can be expected, however, the Kurds believe otherwise. Masoud Barzani, the current Kurdish leader, succinctly rejected these claims, stating that “from World War One until now, [Kurds] are not part of Iraq. We have our geography, land, and culture. We have our own language. We refuse to be subordinates.”

Ultimately, this leads to the question of who to believe. Are the Kurds simply backwards, uneducated mountain people? Or do the Kurds constitute a distinct people who have been unfairly portrayed by their opponents?

The Linguistic Test

Despite his Marxist inclination to dismiss the nation as a purely “imaginary community,” Benedict Anderson nevertheless made a crucial observation, namely that language possesses “central ideological and political importance” as the “private property”  of a specific ethnic group. Ehmedê Xanî – the Kurdish author of Mem u-Zin – recognized this at an early date (1692 AD), exhorting the Kurds to become literate in their own language “so that people won’t say that […] all sorts of people have their books and only the Kurds are lacking.” Unfortunately, the Kurds ignored his warning, granting their enemies a powerful weapon in the fight to deny them self-determination on the claim that they lack a language of their own.

There are three criteria by which one can evaluate this claim: (1) mutual intelligibility, or the ability of two people speaking two different languages to understand each other; (2) uniqueness in terms of letters, sounds, and words; and (3) recognition.

In order for languages to be mutually intelligible, they must be descended from the same language tree. Although Kurdish is a member of the Indo-European language family, neither Turkish (Altaic) or Arabic (Afroasiatic) can claim the same, meaning that they are not mutually intelligible. Persian, on the other hand, is a member of the Indo-European language family, but it is not mutually intelligible with any Kurdish dialect either.

The origins of these differences are disputed. Some claim it is a result of the mountainous geography making communication difficult, while others claim Kurdish ultimately descended from a language that predates the arrival of Indo-European languages. However, it is known for certain these differences are significant. Aside from primarily using the Latin alphabet (as opposed to the Arabic one), Kurdish also possesses differences in sounds, grammar, and words. This is evidenced in Mem u-Zin where “out of 26,560 words, […] 19,601 (74%) of them are Kurdish, 6,015 (23%) are Arabic, 918 (3% are Farsi), and 26 (less than 1%) are Turkish.”

As in the case of nations, recognition by others represents an important signifier of linguistic legitimacy. Kurdish is recognized as an official language only in Iraq, but only under duress from the United States. Unofficially, both historic and contemporary bans on the use and teaching of Kurdish by the Iranian, Iraqi, Syrian, and Turkish authorities represent de facto recognition of their distinctiveness. After all, is there a point in banning a language that is your own?

News coverage of Saddam Hussein’s chemical attack on the Kurds

A History of Suffering

Despite the fact that scholars disagree on much regarding nationalism, all can agree that a nation – whether civic, primordial, or imagined – requires “a historic continuity” for use “as a legitimator of action and cement of group cohesion.” Such cohesion becomes even stronger when marked by having “suffered together, […] for having suffered together unites more than joy.”

Although the Arabs, Persians, and Turks deny the Kurds their right to self-determination, the Kurds arguably possess a much stronger claim to the northern Iraq, northeastern Syria, eastern Turkey, and northwestern Iran than their current owners. The Kurds resided in these lands at least as early as 2000 BC when they were first mentioned by the Sumerians. Over one thousand years later, the Kurds remained. Ancient Greek historians, such as Herodotus and Xenophanes, described them, as did Strabo during the Roman Empire. Without fail, they always resided in these same lands, even establishing independent kingdoms that still existed at the beginning of the nineteenth century.

Throughout this period, however, the majority of Kurds were conquered by one foreign empire after another. Some Kurds, such as Saladin – the Egyptian Sultan who recaptured Jerusalem from the Crusaders – rose to great heights, but the vast majority were not treated well, to say the least. This served as the impetus for Mem u-Zin, which was passed on orally until Ehmedê Xanî codified it in 1692 AD as one of the first explicitly nationalist pieces of literature to ever be written.

Following the First World War, the suffering experienced by the Kurds began in earnest. They were promised independence in President Woodrow Wilson’s Fourteen Points, the Covenant of the League of Nations, and the Treaty of Sèvres. Ultimately, these promises came to naught as the Turks under Atatürk forced the allies to invalidate the treaty, which was replaced by the treaties of Lausanne and Ankara. These two treaties split the Kurdish populated regions among the newly created nations of Iraq, Syria, and Turkey, effectively ending Kurdish hopes for a negotiated independence at this point in history.

However, it did not end agitation for independence by the Kurds, who refused “to accept subordination to the Arabs who, like the Kurds themselves had until then been a subject race.” These feelings were magnified by the harsh treatment of the Kurds by the new nations, which colluded to help each other suppress the Kurds. The Turks executed and imprisoned tribal leaders, students, politicians, and intellectuals, while ethnically cleansing Kurds from some areas. Furthermore, Kurdish youths were forced into boarding schools through which they could be ‘Turkified.’

In Iran, a brief Kurdish state was founded, but it ended after several months following the Allied withdrawal. The leaders of the state were hanged, while other participants were rounded up and imprisoned. Today, even being suspected of being sympathetic to separatist groups can lead to torture, imprisonment, or execution. Meanwhile, the treatment of Kurds in Syria was no better. Members of political organizations were routinely arrested. Hundreds of thousands of Kurds were deprived of their citizenship and deported, their property given to Arab settlers in an attempt at Arabization of the region. In all three of these countries, the Kurdish language was banned.

However, the Kurds have been consistently treated the worst in Iraq, beginning from 1961 to 1963 when the government massively bombed Kurdish towns and cities from the air. Under Saddam Hussein, a systematic attempt to commit genocide against the Kurds occurred. Almost three hundred thousand Kurds were forcibly relocated to southern Iraq, and during the process eight thousand young men and teenagers are believed to have been executed en masse. According to Human Rights Watch, this was part of a “long-standing campaign that destroyed almost every Kurdish village in Iraq […] and displaced at least a million” Kurds. The campaign ultimately ended with the chemical weapons attack on the town of Halabja that killed several thousand men, women, and children.

All of these actions constitute gross violations of every human rights document ever written, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Kurdish President Masoud Barzani’s justification for the Kurdish independence referendum

The Last Thornbush?

Following the overthrow of Saddam Hussein, one would expect that things dramatically improve for the Kurds. While there was some improvement, namely that they were no longer being massacred in the hundreds of thousands, the Kurds have merely traded a Pan-Arabist government that despised them on account of their ethnicity for a Shia-dominated government that despises them on account of both their ethnicity and religion, Sunni Islam. The supposedly democratic government of Nouri al-Maliki regularly discriminated against Sunni Arabs and Kurds: delivering inadequate public services to non-Shia Iraqis, cutting power to non-Shia areas, purportedly arresting thousands of Sunnis and Kurds based on their ethnicity, and reneging on constitutional agreements with both as well.

Ultimately, this rampant discrimination pushed many Sunnis into the waiting arms of the Islamic States; however , the Kurds resisted such radicalization. Instead, they fought alongside the United States, as well the Iraqi central government that oppressed them, against the Islamic State. By all accounts, the Kurds suffered from the brunt of the fighting, retaking large portions of Iraq and capturing the Islamic State’s capital of Raqqa in Syria.

It is in response to the previously mentioned discrimination, as well as their role in defeating the Islamic State, that Kurds decided that they are finally ready for an independent state of their own. The question now becomes, do they deserve it? The answer is an unequivocal yes for the following reasons:

1) The Kurds meet all of the criteria for nationhood and self-determination, including possessing their own distinct language and a common history.

2) The Kurds have been promised – through a variety of international agreements – independence for over a century. These promises should be honored in order to provide legitimacy to other international agreements on human rights, which also rely on their participants living up to their commitments.

3) The independence referendum occurred peacefully with both high turnout (72%) and overwhelming support (93% in favor).

4) The Kurds rejected radicalization in face of discrimination and persecution, and instead, fought alongside the United States against the Islamic State.

5) The Kurds have been treated harshly by every government that has ruled over them, even committing crimes against humanity against them.

6) The Kurds, unlike the Catalans, will actually be achieving sovereignty.

Throughout their history, the Kurds suffered greatly, but with uncommon resilience and strength, on behalf of their ethnicity. With each passing decade, however, it seems to grow worse. For that reason, it is high time that the world intervene on their behalf. This should be done not only to stop impending bloodshed in the aftermath of the fall of Kirkuk to Iraqi forces, but in order to assist the Kurds in permanently removing the thornbush that stands between them and their beloved, and long overdue, homeland of Kurdistan.

The Catalan Revolution

Catalan protestors demonstrate for independence.
20Set Barcelona 14. Wikimedia: Màrius Montón, Creative Commons

After an enormous earthquake destroys the city of Lisbon in Candide, Voltaire poignantly asks the reader, “If this is the best of possible worlds, what then are the others” (Voltaire, 26)? Increasingly, the most potent of political earthquakes – nationalism – is enjoying a powerful rebirth following a long and tortuous decline in the aftermath of World War II. People across the globe are beginning to envision a different world, a better world – one in which they possess a nation of their own. Whether this rebirth will result in bloodshed on a scale not seen since the 1930s or in a peaceful resolution of differences is yet to be seen, but in all likelihood it will be determined on the opposite side of the Iberian Peninsula – in Catalonia.

Since at least the 1920s, the issue of self-determination – which can be defined as the ability of a distinct people to establish a nation of their own and exercise unimpeded sovereignty in their own affairs – began to be adopted into the lexicon of human rights. Woodrow Wilson was one of the first to interject self-determination into human rights, claiming that “nationalities … should be assured an undoubted security of life and an absolutely unmolested opportunity of autonomous development” in his Fourteen Points. Ultimately, this belief influenced nearly every major, Western-produced document concerning human rights. Self-determination is explicitly guaranteed to all peoples in the Atlantic Charter, the Declaration by the United Nations, the United Nations Charter, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights among others.

Curiously, however, the European Convention on Human Rights – which is the most relevant document in this situation due to Spanish membership in the European Union – does not guarantee self-determination. In fact, it states that freedom of expression may be limited “in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, … or for maintaining the authority … of the judiciary” (ECHR, 11).  As will be demonstrated later, the Spanish government has employed all of these arguments in its bids to stop the Catalonian independence referendum from coming to fruition.

Aside from the European Convention on Human Rights, the connection between human rights and self-determination – at least until recently – has not been prominently disputed. The question then becomes, how do we determine to which groups the right of self-determination applies? The general consensus is that this right is primarily granted to peoples demonstrating the characteristics of a nation. However, the question of who constitutes a nation, and on what basis, generates considerable disagreement, particularly in the West, which has long attempted to suppress its own nationalism as penance for the destruction wreaked by Nazi Germany.

Some claim that the nation is a figment of the imagination, that it is an invented national tradition, that it is an imagined community (Hobsbawm and Ranger; Anderson). This is not to say that it does not possess meaning – history clearly demonstrates that it does – but that there is very little actual quantitative or qualitative basis on which a nation can be delineated. Others suggest that the nation is real, but that its membership is constantly in flux, shaped solely by economic considerations, individual choices, and shared beliefs (Deutsch; Gellner; Kohn). This “civic nationalism” generally possesses a more cosmopolitan outlook, and it often taken to the extreme by intellectuals, such as Ernest Renan, who claimed that “a nation’s existence is … [simply] a daily plebiscite,” (10) a daily referendum.

Yet others still define a nation as something timeless and primordial (Geertz; Isaacs; Smith). To these theorists, physical characteristics, shared culture, shared history, and shared language – to put it simply – combine to create “a self-aware ethnic group,” which forms a nation (Connor, 279-88; Schmitt). In modern academia, this conception of the nation is generally regarded with scorn as an outdated, primitive view. Among many people, however, it still holds tremendous sway as demonstrated vividly by the universal opposition to immigration by nationalist, as well as by the decline in social trust in multi-ethnic areas of the United States (Putnam). While there exists some genetic overlap between different ethnic groups in border regions, generally speaking, ethnic groups, and the nations they constitute, remain homogenous and distinct from one another. And even if they did not, as Walker Connor notes, “what ultimately matters is not what is but what people believe is” (Connor, 379-88).

Som una nació, nosaltres decidim

In determining if Catalonia possesses the right to independence and self-determination, one must first decide whether or not Catalonia constitutes a nation. As evidenced by the slogan above – which means “We are a nation, we decide” – Catalans clearly believe that they do. And all evidence unequivocally indicates that they are correct.

Indeed, Catalonia has previously experienced independence, existing as an independent kingdom until the fifteenth century when it was divided between the Spanish and French monarchies. Despite this conquest, Catalan culture – and a sense of “Catalan-ness” – survived and even thrived (Sahlins). The people of the region possessed a common language (Catalan), culture, symbols, and history that both united them and kept them distinct from their neighbors and conquerors. However, this distinctiveness was not preserved without a struggle. Various Spanish monarchs, as well as the dictator Francisco Franco from 1936 to 1975, sought to hispanicize the Catalans by banning their language and symbols. Attempts to resist were brutally and bloodily repressed, yet Catalonia’s distinctiveness survived into the current century.

After the death of Franco, the new Spanish Constitution granted Catalonia a limited form of autonomous self-government, and for several decades this largely satisfied the Catalans. Between 2009 and 2011, with the repression of Franco but a distant memory, this rapidly changed as various Catalan towns voted in symbolic independence referendums. In 2014, the first non-binding, Catalonia-wide referendum was held with a result of 81% in favor of independence.

Unfortunately for its supporters, however, this referendum encountered several difficulties. First, it was declared illegal and unconstitutional by the Spanish government, which then pursued criminal charges against the Catalan leaders responsible. Second, turnout only reached 42%, indicating that the referendum was not representative of the entire populace. And third, in subsequent elections, pro-independence parties received a plurality of the votes (48%), but never a majority.

Ultimately, this brings us to the Catalan independent referendum of 2017, which – due to the intransigence of both parties – threatens to engulf the Iberian Peninsula in its second civil war in under one hundred years. There were crucial differences between this referendum and those that preceded it. Unlike the previous referendum, the results of the 2017 referendum were binding. Furthermore, it was administered by a new Catalan leader, Carlos Puigdemont, who refused to swear the customary oaths of allegiance to the Spanish Constitution and monarch, King Felipe VI.

On October 1, 2017, approximately 42% of Catalans voted in the independence referendum, despite numerous human rights violations committed by the government of Spain in its attempt to disrupt the vote. The results were overwhelmingly in favor of independence – 92% supported the referendum. On the next day, Puigdemont took a fateful step and announced that Catalonia would declare its independence from Spain the following Monday, October 9, 2017.

¡No hay negociaciones con los golpistas!

To many Spaniards, the referendum was an illegal act and those who participated were criminals. Following the announcement of the results, millions of Spaniards took to the streets, shouting slogans – as in the video above – such as “I am Spanish,” “No negotiations with traitors,” and “Puigdemont to prison.” It is abundantly clear that the Spanish government under Prime Minister Mariano Rajoy took a similar hardline view of the Catalan independence referendum.

Although the Spanish government was correct in its stance that the referendum was illegal, and it rightly questioned the legitimacy of the vote, it grossly violated the human rights of its Catalan citizens as established in nearly every human rights document. As previously noted, however, it did not violate the European Convention on Human Rights, leading – along with no doubt more cynical reasons – the European Union to support Spain’s actions.

Generally, Spanish violations of Catalan human rights can be divided into two stages: the period before the vote and during the vote. In the weeks leading up to October 1, the Spanish government committed the vast majority of its human rights violations in Catalonia. Desperate to stop the vote from occurring, Spain infringed on the right to freedom of expression (censoring pro-independence websites, arresting pro-independence mayors, raiding the offices of pro-independence parties, occupying Catalan communications networks, threatening journalists cooperating with the referendum, and banning voting apps). The censoring of pro-independence speech, as well as the blocking of the actual referendum itself, violates the right to self-determination. However, Spain defended its actions, claiming that these actions were taken against criminals who were violating the law and undermining democratic processes. It likewise submitted a detailed rebuttal to all the claims made by the Catalan government.

On October 1, the day of the vote, the Spanish government dispatched hundreds of riot policemen into Catalonia. Videos subsequently emerged of policemen violently assaulting protestors, dragging people from voting stations, and seizing ballot boxes. Both El Pais and Le Monde, claim that many of the videos and pictures showing police brutality are fake. On the other hand, Catalan civilians also committed violence, throwing projectiles at policemen and assaulting anti-independence Catalans (the same video shows Spanish policemen administering first aid to pro-independence protestors). Other videos show Catalan protestors initiating violence against the police.

In the aftermath, the Catalan government claimed that over eight hundred people were injured during the clashes; however, El Pais, quoting Doctors Without Borders, disputed these figures, claiming that most of those individuals were not injured by the police. Furthermore, over four hundred police were injured.

Los independentistas catalanes han fracturado la unidad española

Addressing the Spanish nation in response to the Catalan independence referendum, King Felipe VI claimed that the separatists had fractured the unity of Spain, as well as Catalonia itself, and were undermining democracy. In an interview with El Pais, Spanish Prime Minister Mariano Rajoy admitted that Catalans constituted their own nation, but denied their right to secede. Rajoy professed the belief that Catalans should abandon extremism, and work to coexist with the rest of Spain in a peaceful and mutually beneficial manner.

Are the Spanish monarch and prime minister correct? Or do the Catalan people possess the right to secede?

Although the Catalans do constitute a nation, and nations do possess the right to self-determination, the current iteration of the Catalonian independence movement possesses little, if any, basis for secession from a human rights or any other standpoint. This is true for several reasons. First, Spain is a highly functional democracy. According to the 2016 Democracy Index, Spain is the seventeenth most democratic nation in the world, several spots above the United States. If Spain were an authoritarian, dictatorial state, then Catalonia would present a stronger case, but Spain is not an authoritarian state, it is one of only 19 full democracies. And in a democracy no group should possess the right to unilaterally ignore the law or constitution simply because they disagree with it. An obvious exception would be if the laws were unjust; however, the Spanish Constitution and law – from an outside perspective – are not unjust in their treatment of Catalonia. In fact Spain has gone to great lengths to attempt to meet the demands of the Catalans – guaranteeing their right to autonomous self-government, granting the Catalan language official status, and pledging to protect their culture and traditions among other initiatives.

Second, no independence referendum, including that of 2017, has managed to even convince a majority of Catalans to show up to the polls. In both 2014 and 2017, only 42% of Catalans voted, and in 2015, pro-independence parties only managed to receive 48% of the vote. Such low turnout – especially when combined with massive, Catalan anti-independence rallies – does not equal a popular mandate for secession. Third, the voting was marked by highly irregular and often fraudulent voting conditions. Some videos show Catalan individuals stuffing ballots into boxes with no oversight or demonstration of identity, while others have sparked debate on whether the boxes arrived to the polling places already full of ballots. Even worse, several journalists documented the ability to vote multiple times at the same polling place. Catalonia’s implementation of the universal census, which allowed voters to vote at any polling place, also significantly increased the risk of fraud.

Finally, the independence referendum is ultimately one of futility. Self-determination is about charting one’s own course, independent of other bodies; however, Catalonia does not plan on actually achieving independence. It is merely exchanging one master in Spain for another in the European Union, which is arguably far less democratic than the Spanish government. What is the point of self-determination if you don’t have control over your own borders, currency, trade, laws, research and development, or even arts funding?

Today, Monday the 9th of October, Catalonia – despite Spain’s cancellation of its parliamentary session – will attempt to officially declare its independence. Prime Minister Rajoy, as well as King Felipe VI, have continually stated that there is no situation in which they would entertain actually allowing Catalonia to achieve independence. They have pledged to employ all of the means at their disposal to halt such a declaration, including ending Catalan autonomy and ordering the military to exercise its duty to maintain the territorial integrity and constitutional order of Spain.

Ultimately, the Catalan pursuit of a pointless independence, possessing little to no basis in human rights or even common sense, could see a return to the bloodshed that characterized the apex of nationalism – the 1930s. Already the signs can be observed. The referendum is serving to polarize both sides of the issue, heightening Spanish nationalism, and encouraging violence. Increasingly, many disillusioned Spaniards – in a last bid attempt to maintain their country’s longstanding territorial unity – will look for example to the last Spanish leader who was able to control the separatist tendencies of Catalonia: Francisco Franco. And if that occurs, Catalonia will certainly have created a different world, but will it be a better world for Catalans?