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Re:Spanish police raid .Cat domain name registry offices by pfortuny on Wednesday September 20, 2017 @03:14PM (#15297221)
Well, well, well, well... You should read the constitution and compare it to what the catalonian establishment is doing.

The rule of law applies also to politicians.

Re:Spanish police raid .Cat domain name registry offices by tbatchelli on Wednesday September 20, 2017 @03:28PM (#15297352)
That constitution was written and signed under Military watch. Let's not forget Franco, a genocidal dictator, died of old age while still in power, he was not ousted by democratic forces. And no one ever went to jail for the dictatorship. Many in power during the dictatorship remained in power for a long time after it "ended". The current constitution is a reflection of that time, where Spain was a nascent democracy but the military and judiciary (and oligarchies) were still controlled by Franco people. Times change, so do societies, and constitutions can be amended to reflect that. In fact Spain recently amended it's constitution overnight. They could also amend the constitution to allow for a vote, but they don't want to.
Re:Spanish police raid .Cat domain name registry offices by teh_klev on Wednesday September 20, 2017 @03:40PM (#15297475)
Thank you.

People forget, democracy is a process, it doesn't just stop some time in the past.

Re:Spanish police raid .Cat domain name registry offices by rbanffy on Wednesday September 20, 2017 @04:02PM (#15297679)
It's a continuous, ongoing process of transforming societies. It's delicate and must be protected and cherished.
Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @05:07PM (#15298259)
This is completely false. The Spanish Constitution was an agreement between every party, including the Communist Party (PCE).

And Spanish people supported the Constitution with their vote on a large scale.

Re:Spanish police raid .Cat domain name registry offices by tbatchelli on Wednesday September 20, 2017 @06:43PM (#15299030)
Did I say it wasn’t voted by a majority?

EDIT: I should reword my question. What part of it you believe is false? Or is it all of it?

Re:Spanish police raid .Cat domain name registry offices by mcdevilkiller on Wednesday September 20, 2017 @04:22PM (#15297856)
A lot of people were killed under Franco's mandate, but he wasn't genocidal, Hitler was (Jews, Gipsies, etc): https://en.wikipedia.org/wiki/Genocide
Re:Spanish police raid .Cat domain name registry offices by tbatchelli on Wednesday September 20, 2017 @04:58PM (#15298175)
Yeah, well, every time we dig a ditch on a road we find more corpses, women and kids too. What do you call a lot, by the way?

> Historians of the Spanish Civil War concur that the death toll of the White Terror (~58 000–400,000), because of its extent and duration,[12][12][13][14][1][2] was greater than the death toll of the Red Terror (38,000 – ~172,344 ).[15][16][17] The political repression of the White Terror was formal policy of the Nationalist forces during the Spanish Civil War, and of the government of Gen. Franco until 1945 — six years after the war's end in 1939.[18][19] In 2015, the government of Spain refused Spanish historians access to the pertinent government archives, open to foreign historians, which would allow determining the physical whereabouts and political fate of victims of the White Terror.[20]

> The main goal of the White Terror was to terrify the civil population who opposed the coup,[88][89][90] eliminate the supporters of the Second Spanish Republic and the militants of the leftist parties,[91][92][93] and because of this, some historians have considered the White Terror a genocide.[94][95] In fact, one of the leaders of the coup, General Emilio Mola said:[96]

> "It is necessary to spread terror. We have to create the impression of mastery eliminating without scruples or hesitation all those who do not think as we do. There can be no cowardice. If we hesitate one moment and fail to proceed with the greatest determination, we will not win. Anyone who helps or hides a Communist or a supporter of the Popular Front will be shot."

https://en.wikipedia.org/wiki/White_Terror_(Spain)

Re:Spanish police raid .Cat domain name registry offices by egloeda on Wednesday September 20, 2017 @04:14PM (#15297797)
"That constitution was written and signed under Military watch."

You're just lying.

https://es.wikipedia.org/wiki/Refer%C3%A9ndum_para_la_ratifi...

Re:Spanish police raid .Cat domain name registry offices by icebraining on Wednesday September 20, 2017 @04:56PM (#15298155)
That link doesn't confirm or deny parent's statement.
Re:Spanish police raid .Cat domain name registry offices by iagooar on Wednesday September 20, 2017 @03:25PM (#15297321)
Oh, you are from Gijón.

Using the constitution as some sort of shield / holy bible that can't ever possibly be changed IS what show the weakness of Spanish democracy.

In the end, governments are there to serve their people. They don't make sense as entities on their own. They represent a group of people who chooses to be represented by their government. If the government attacks the people and refuses to hear to what people have to say, you need to resort to not following the dogma.

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @03:44PM (#15297510)
Thank you. It's quite surprising how hard it is for a lot of people to understand this. Listening to the Spanish president say that what's going on in Catalonia is anti-democratic and that democracy is following the constitution is the most frustrating thing you can hear, and I'm surprised people use that argument against the pro-independence movement.
Re:Spanish police raid .Cat domain name registry offices by rbanffy on Wednesday September 20, 2017 @04:05PM (#15297701)
Democracy requires the rule of law. The law says the vote should not take place, therefore either the vote doesn't take place or the law (the constitution, in this case) is changed.

Politics is the art of the possible. Right now, this is not possible and pushing for it is not constructive.

Re:Spanish police raid .Cat domain name registry offices by unethical_ban on Wednesday September 20, 2017 @04:47PM (#15298087)
If a supposedly democratic nation banned free speech, then I would proudly break the law.

If a sufficient number of people in a geopolitical area wish to govern themselves, broadly, it should be seriously considered by any ethical government.

Re:Spanish police raid .Cat domain name registry offices by pvaldes on Thursday September 21, 2017 @12:59PM (#15305379)
Like in the case of the Islamic State, for example? Hemmm...not.
Re:Spanish police raid .Cat domain name registry offices by unethical_ban on Friday September 22, 2017 @12:01PM (#15313332)
Like Catalonia, Britain, Scotland, South Sudan, the United States, or India?

The circumstances matter. I can't draft a workflow for "ethical independence" on a Friday morning on HN. I can say there is a difference between self-determination and the desire for liberty vs. mass murder, conquering territory and waging guerrilla warfare against multiple nations.

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @04:47PM (#15298085)
The Spanish constitution is violating one of the basic rights: the right of self-determination. To me, right now, it doesn't matter what the constitution says. We will ignore it. The constitution won't be changed because it's in their interest to not change.
Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @05:14PM (#15298317)
Basic right for whom? Are you talking basic human right? A random bunch of people right? Who?

When defining a right, you must show who is the subject of that right.

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @05:33PM (#15298496)
I'm not completely sure what you are trying to say, but this is what I'm referring to: http://www.unpo.org/article/4957
Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @06:05PM (#15298750)
That's not an impartial source.

Anyway, when that site states "All peoples have the right to self-determination" Is there a minimum number of people to aim for 'this right'? V.g. if 259 persons in Els Hostalets de Balenya say the want 'the right to self-determination', are they a nation from then?

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @06:22PM (#15298869)
I answered this same question in another comment. Copy pasting:

As to when you stop with the right of self-determination, in the case of Catalonia, from a cultural, language, and historical point of view, there's enough reasons for a referendum to be held (given the discontent of the population). There's a similar situation with Quebec, for example. As far as I know, there's nothing about New York --language, history, or culture-- that would warrant a referendum, and there's certainly no reason for you as an individual to do so (you don't even have the basic political institutions).

Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @06:44PM (#15299033)
Responding a copypasta with another copypasta:

The so-called "right to self-determination" doesn't exist in the Spanish Constitution, nor in the International Law, nor in Comparative Law.

https://elpais.com/elpais/2014/10/10/opinion/1412946101_9911...

Re:Spanish police raid .Cat domain name registry offices by 6t6t6t6 on Wednesday September 20, 2017 @09:33PM (#15299901)
War is Peace,

Freedom is Slavery,

Ignorance is Strength,

Trying to organize a Referendum is Antidemocratic.

Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @05:09PM (#15298278)
There's a legal way to change the Spanish Constitution.

What people can't do is play outside the Law in a Democracy.

Re:Spanish police raid .Cat domain name registry offices by Oletros on Wednesday September 20, 2017 @05:20PM (#15298387)
> There's a legal way to change the Spanish Constitution.

Changing how when the two main parties are against this change?

That argument is just an excuse.

Articles of the Estatut d'Autonomia where denunced by present the ruling part declared invalid by the TC but that same party wrote carbon copies of them in other Estatutes it say how the situation can change.

Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @06:09PM (#15298777)
Oh, I see, the observance of the Law is just an excuse.

If you state "that same party wrote carbon copies of them in other Estatutes" you have to give us sources.

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @03:33PM (#15297412)
If the law goes against one of the principles of democracy, the issue is with the law. What would your opinion be on a constitution that allows slavery? Because that was the case with a lot of constitutions in the past, and I think we would all agree that from a human right's point of view it was wrong. What's going on in Catalonia is illegal, but it's the democratically correct choice, and given what the Spanish government says ("we will only talk as long as it's within the legality"), it's the only thing you can do.

For those HN readers that might not know, a decade ago Catalonia tried to pass something known as the Estatut, which would give us more rights and more power (similar to what the Basque country has had for a long time). Needless to say, it didn't pass because the big parties opposed to it. One of the two important political parties in Spain (the Popular party) went as far as going around Spain collecting signatures (four million) to get rid of the Estatut. And that's part of the story of how the pro-independence movement gained as much traction as it has right now.

Re:Spanish police raid .Cat domain name registry offices by e98cuenc on Wednesday September 20, 2017 @05:36PM (#15298534)
And what's exactly the principle of democracy that the spanish constitution is violating?

The right of a part of a country to secede is not recognized by most constitutions around the world, and it is certainly not a "principle of democracy".

You want to change the constitution that rules your country, you get 2/3 of the votes of the parliament behind your vote and the constitution changes (or whatever rule your constitution has to allow a change). The whole point of a constitution is to have a stable body of law.

The Estatut went further than giving you something similar to what the Basque country has. It was ruled out because it was deemed incompatible with the constitution. This is exactly the same process any other country with a constitution follows.

As for the "rights" that you are not enjoying, the only one I hear repeatedly is one: collect and distribute your own taxes, because you pay more taxes than what is reinvested in Catalonia (of course this happens in roughly half of the country).

If New York asked to secede from the United States because they were oh so tired of paying more in taxes than the average in the US and receiving less than what they bring to the table (which is true for the vast majority of "rich" states) we will all see through the bullshit of the argument.

If you want to follow that argument, when do you stop? is it right for my city to secede because we do not want to support the poor in rural areas around us? (this is not a retorical question, some big cities have historically done that, and many of them today are tax havens). Can I as an individual decide to not pay my taxes because I pay more than what I receive?

Exactly what other right is missing in Catalonia?

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @05:56PM (#15298701)
I'm referring to the right of self-determination. It might not fall under one of the principles of democracy (my apologies), but it's certainly a basic right (http://www.unpo.org/article/4957)

The Spanish constitution won't change because it's in their best interest to not do so, which is why this illegal referendum is being created. If they wanted the Estatut to pass, they would have passed; they didn't pass it because the rest of the Spanish communities would have been affected by it from an economical point of view (suddenly a chunk of money that was going to the other communities stays in Catalonia. Guess who's gonna be unhappy).

As to when you stop with the right of self-determination, in the case of Catalonia, from a cultural, language, and historical point of view, there's enough reasons for a referendum to be held (given the discontent of the population). There's a similar situation with Quebec, for example. As far as I know, there's nothing about New York --language, history, or culture-- that would warrant a referendum, and there's certainly no reason for you as an individual to do so (you don't even have the basic political institutions).

Re:Spanish police raid .Cat domain name registry offices by e98cuenc on Wednesday September 20, 2017 @06:38PM (#15298989)
It is not "certainly" a basic right. Some countries accept it, others do not.

As for the cultural, language and historical I see absolutely no basis for this referendum. Cultural wise I have never, ever, see the slightless difference between catalonians and people for the rest of Spain. What will be the difference between someone that lives in Tarragona and someone from Valencia? Of course it's all a smooth change, and the farther away you go the more small changes you get, but I have seen much deeper differences between people living in cities vs rural areas (even when they are close to each other).

In any case, these differences are (to me) smaller than the differences between a New Yorker and a Texan.

Historically Catalonia has never been a separate, independent country, and you have to go pretty far away to get a substantially different Spain to what you have today.

Catalonia has a different language, that roughly 60% of their inhabitants do not speak, and that is shared by some of the inhabitants of the spanish states (Comunidad Valenciana and Balears).

If your point is that Catalonia people should be allowed to secede because they have a differenciate culture / language (let's ignore for a second all the catalans that do not speak catalan), why don't they call to vote in catalonia, comunidad valenciana and balears, all together? Because they will very clearly lose the vote.

In polls there are a huge number of catalans descendants from andalusia n "inmigrants" that are also for the independence. Why is it so? Because the reason argued again and again during years has been only one: taxes. Not "culture".

BTW, they wanted the Estatut to pass (it passed in congress), but you needed more than 1/2 the votes, you needed 2/3. If the Estatut had nothing against the Constitution, it will be law by now.

Re:Spanish police raid .Cat domain name registry offices by farresito on Thursday September 21, 2017 @04:51AM (#15301631)
The right of self-determination is certainly a fundamental right (or that's what United Nations says, and Spain signed it).

I have never lived in Texas nor NYC, so I can't really say much about it. I believe that Catalonia is large enough to warrant a referendum if enough people want it, especially given that so many people disagree with the treatment they are receiving from Spain. I accept the argument that we might not be different enough, but it's not the main reason a referendum should be held, in my opinion, and I'm not aware of many people from Valencia or Balears who want to leave Spain. At which point a region of a country has the right to secede? Or you are implying that no region from no country should ever have that right?

Re:Spanish police raid .Cat domain name registry offices by ahachete on Wednesday September 20, 2017 @06:36PM (#15298977)
That people has self-determination rights based on allegedly cultural and historic reasons is very weak point, and ignores the rule of law.

But what is more worrisome is that it ignores the rights of the other group. What about the Spanish, not from Catalonia, that have interests in Catalonia, be it companies, properties, families or even just cultural links? Shouldn't they have an opinion on the matter?

Unsurprisingly yes, and that's precisely what the Constitution says. And that's the supreme law, and I have not seen any other reasonable country where a subset of it is claiming so freely to withdraw the Constitution because they don't like it, even when there are very clear paths to change it.

It Catalonia wants to vote, go to Parliament and ask for a referendum of all Spaniards (that's legal). It's that simple.

Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @05:19PM (#15298373)
Sure? The current situation doesn't have anything to do with Pujol family being close to go to jail for corruption?

https://en.wikipedia.org/wiki/Jordi_Pujol

Re:Spanish police raid .Cat domain name registry offices by farresito on Wednesday September 20, 2017 @05:37PM (#15298541)
I have no idea what point you are trying to make. We are not talking about corruption here; we are talking about the right of self-determination.
Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @06:12PM (#15298795)
Yeah, and you feel so powerful downvoting everyone who doesn't aligned with your political strategy.

I bet you are all for dialog, good arguments, better talk than fight... /s

Re:Spanish police raid .Cat domain name registry offices by farresito on Thursday September 21, 2017 @06:07AM (#15301956)
I haven't downvoted a SINGLE comment, and even if I wanted I wouldn't be able because I don't have enough points. I never downvote, and of course I wouldn't downvote because someone has different views than me. Stop with the bullshit. Go to reddit if that's what you are looking for.
Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Thursday September 21, 2017 @07:15AM (#15302271)
"I haven't downvoted a SINGLE comment, and even if I wanted I wouldn't be able because I don't have enough points"

Say the guy with 682 points.

Re:Spanish police raid .Cat domain name registry offices by farresito on Thursday September 21, 2017 @07:34AM (#15302336)
https://snag.gy/MirFLw.jpg

I can't downvote. If it's not because of the points, it's because of something else.

Re:Spanish police raid .Cat domain name registry offices by tomjen3 on Wednesday September 20, 2017 @03:40PM (#15297476)
Oh it probably violates the constitution - but the right thing to do is to either let it slide or admend it. The law is supposed to serve the people, right now Spain is just using it as a bully platform.
Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @05:21PM (#15298393)
No, if someone wants to change the Spanish Constitution, there's a legal way to do it.
Re:Spanish police raid .Cat domain name registry offices by fra on Wednesday September 20, 2017 @03:18PM (#15297250)
The democracy is weak because of the constitution. It should be amended.
Re:Spanish police raid .Cat domain name registry offices by RobertoG on Wednesday September 20, 2017 @03:22PM (#15297291)
is it not the law based on the popular will, theoretically?

Because it seems to me that these people are asking to vote.

Re:Spanish police raid .Cat domain name registry offices by notspanishflu on Wednesday September 20, 2017 @05:20PM (#15298386)
They asking to vote outside the Law, not only European, or Spanish Law, but the Catalan Law too.