[After posting this my attention has been drawn to this better presentation of the same issues:
23:17 - 1 de maig de 2018
Source: https://twitter.com/nuriacoe/status/991426528452882432
1) While debating the referendum and the process towards independence, Spanish unionism has spread certain assertions that are downright lies, and they are easy to rebuke. Below we offer the five biggest ones and the links that prove they are falsehoods.
2) LIE NUMBER ONE: The Referendum is a crime and it is illegal. This is a lie. Aside from the fact that it is protected by the Law of Referenda and Self Determination of the Catalan Parliament, even within the Spanish Penal Code a referendum cannot be considered a crime […]
3) Here is a link to Article 1 of the Preliminary title of the Spanish Penal Code. It says: "No action or omission will be punished that is not considered a crime by law prior to its perpetration". https://www.boe.es/buscar/act.php?id=BOE-A-1995-25444
4/5) Calling a referendum is not only not defined as a crime in the Penal Code, it has been made clear - both in Congress and at the Constitutional Tribunal - that it isn't so. The PP party changed the Penal Code through the "Law of Arbitration" in 2003 in an attempt to trap the then Basque Lehendakari (president). This change in the Penal Code was cancelled by the Constitutional Tribunal and by the Spanish Congress by initiative of the then Spanish Prime Minister Rodríguez Zapatero. […]
6) Here is a link to the news headline when it happened: http://www.eitb.eus/es/noticias/politica/detalle/700761/el-tc-anula-ley-tipifico-convocatoria-ilegal-referendum/
7) LIE NUMBER TWO: The right to self-determination does not exist anywhere in the world. Another lie. The right to self-determination is defined in Article 1 Point 2 of the Charter of the United Nations (link here: http://www.un.org/en/charter-united-nations/
8) "To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace" […]
9) But it is ESPECIALLY within the two UN Covenants, (1966) known as the International Covenant on Civil and Political Rights (http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx) and the International Covenant of Economic, Social, and Cultural Rights (http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
10) These laws, that the member states are obligated to respect, include the same Article 1: "All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
11) A habitual lie of ex-minister García-Margallo is that there are only three constitutions in the world that include the right to self-determination. This is completely false. There are thirty-eight that include it and use it as a source of legitimacy. […]
12) for example, nine of the twenty-eight members of the EU: Germany, Croatia, Slovakia, Slovenia, Estonia, France, Hungary, Latvia, and Portugal. Here is a link where you can find the references: https://www.constituteproject.org/search?lang=en&q=self-determination
13) LIE NUMBER THREE: Spain cannot accept the referendum of self-determination because it is forbidden by the Spanish Constitution. Another Lie. Here is a link to the Spanish Constitution: https://www.boe.es/buscar/act.php?id=BOE-A-1978-31229
14) Article 10.2, reads: "The rules relating to the fundamental rights and freedoms that the Constitution recognizes will be interpreted in conformity with the Universal Declaration of Human Rights and the treaties and international agreements ratified by Spain on this matter"
15) Article 96: The international treaties validly celebrated will become part of the internal rule once officially published in Spain. Their dispositions can only be repealed, modified, or suspended as stated in said treaties or according to the general rule of international law
16) On September 28 1976 the Spanish gov. ratified the two UN covenants previously mentioned:"All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
17) Said ratification was signed by King Juan Carlos, and it reads: "I approve and ratify everything herein stated, and promise to meet, obey, and enforce it punctually in all its parts"(link to that here: https://www.boe.es/buscar/doc.php?id=BOE-A-1977-10733)
18) Consequently, Spain is obligated to meet and observe the right to self-determination of the peoples, because it cannot overthrow the obligation imposed by the UN and accepted when the covenants were signed. […]
19) LIE NUMBER FOUR: Catalonia has never been independent. It is an Autonomous region because it was stated by the Spanish Constitution, and, therefore, it has no historical rights that it can invoke. Another Lie. Catalonia's historical rights are indisputable. […]
20) Up until 1714 Catalonia was not part of any entity that could be directly associated with what we know as Spain today. The Crown of Catalonia-Aragon (a federal state) included territories of both Iberian and Italian peninsulas, the Mediterranean islands, and the mainland.[…]
21) In 1724 Catalonia was incorporated by force within the Spanish Monarchy. But since then she has declared independence four times: -Between 1810 and 1812, the Principality was a completely independent state that maintained a tight relationship with the French Empire. […]
22) - In march of 1873 the Diputació de Barcelona proclaimed the Catalan State, that included the four provinces and the four Balearic Islands and the Pitiüses. This state was integrated within the newborn first Spanish Republic. […]
23) - In 1931 and 1934 the Republican Generalitat proclaimed the Catalan Republic. Francesc Macià did so on April 14, 1931, a few hours BEFORE the Spanish Republic was proclaimed in Madrid. Three days later, Macià accepted that the Catalan Republic become part of the Spanish one.
24) Lluís Companys also proclaimed the Catalan Republic on October 6, a proclamation that was aborted militarily buy the Spanish Republic.[…]
25) But the most important argument is that it is impossible for the source of the legitimacy of the Generalitat de Catalunya to be the Spanish Constitution, if we bear to mind that the Generalitat was restored by the Spanish State BEFORE the Spanish Constitution existed. […]
26) The restoration of the Generalitat was done by royal decree 41/1977 on Oct 5 (link here: http://www.boe.es/buscar/doc.php?id=BOE-A-1977-24354 …) that recognizes the legitimacy of president Josep Tarradellas, elected by the Republican institutions.
27) The Spanish Constitution was not approved until December 29, 1978, when it is published in the BOE. The Generalitat de Catalunya had been functioning for a year by then. […]
28) LIE NUMBER FIVE: Independence cannot be achieved with a unilateral referendum without an agreement with the Spanish State. Another lie. Between 1905 and 1991 52 different sub-state entities like Catalonia held referendums of independence. Since 1991 there have been 53 more.
29) Therefore, in just over one century there have ben 105 referendums of independence. Out of these 53, 26 have been unilateral. Since 1991, 27 states have become independent the world, most with unilateral referendums. 7 of them today form part of the EU: […]
30) Croatia, Slovenia, Slovakia, Estonia, Latvia, Lithuania, and the Czech Republic. Finally, a historic sentence by the International Court of Justice re: the unilateral independence the Kosovo, did not contain any prohibition that could be used to stop it. [end of thread]
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