Spain’s law of political parties, enacted in 2002 to prevent Basque parties linked to terrorism, has been used for the first time to prevent the registration of a political party with an explicitly pro-Catalan independence manifesto. The party formerly known as Convergència was attempting to register its new name – Democratic Party of Catalonia – with the Spanish registrar of political parties. The name itself was also rejected for bearing too close a similarity to the Catalan Democrats party formed out of the ashes of Unió, but this was expected. What wasn’t expected was a political reason for refusing to register the party.
The law, voted in with the support of CiU, allowed the courts to ban Batasuna and a range of other attempted Basque left-independence parties on the basis of alleged links with terrorism. In fact, at the time the law was introduced, many felt that it had been created solely for the ETA/Batasuna case and that there was no way that Spain would abuse the legal system to ban legitimate parties (i.e. parties with no links to armed groups).
It states that a party can be made illegal when it threatens democratic principles, particularly by threatening to reduce or destroy the ‘state of freedoms’ or to make democracy impossible. Specific grounds it cites include (excuse the rough translation):
- Threatening freedoms and fundamental rights; promoting, justifying or otherwise supporting attacks that threaten death or injury; or excluding or persecuting people on the basis of their ideology, religion or beliefs, nationality, race, sex or sexual orientation.
- Fomenting, enabling or legitimizing violence as a means of achieving political objectives or to endanger the conditions present for the peaceful exercise of democracy, pluralism and political freedoms.
- Form part of and provide political support to terrorist organizations with the intention of aiding them to subvert constitutional order or seriously threaten the peace; intending to subject public authorities, specific individuals or parts of society, or society as a whole to a climate of terror; or contributing to the amplification of the effects of acts of terror the fear and intimidation they cause.
However, article 6 of the law states that parties “will align their organization, operation and activity with democratic principles and with the content of the Constitution and the law”. And it’s this flimsy sentence which the Interior ministry is using to effectively ban the PDC.
It’s very clear indeed that the law is aimed at banning political parties which threaten, carry out or justify – by their own acts or via proxies – violence or terrorism. Altering the purpose of this law so that it now covers any party which campaigns for radical change, however peacefully, is confirmation of the PP’s disturbingly authoritarian attitude to constitutional democracy.