The Moral of Sovereignty

Blanket Coverage

“The Moral of Sovereignty” is the fifth essay in a sequence that explores the current Catalan independence process. The first essay introduces The Act of Referèndum. The second, on hope, 1714 and All That. The third, Patria and Patrimonio, on state. Absolute Devolution, the fourth essay, on power. This essay characterises condominium.

“Spain tells UK not to lose its cool”, glanced the Guardian. “UK accused of losing cool … by Spanish minister”, gawked the BBC. “Spain taunts Britain for losing its composure”, glared the Sun. In the “Did you spill my pint?” prelude to the perennial pub brawl that is Gibraltar, only the reasonable protagonist, Spanish foreign minister Alfonso Dastis, had reason to be confused. Lord Howard’s evocation of Margaret Thatcher’s military defense of the Falklands (Malvinas) hardly evoked the reasonable tone with which Spain had become accustomed to dealing with its European partners. A tri-century grievance born of the same succession war as 1714 and All That. A rock whose thirty thousand residents remain fiercely loyal to both Britain and Europe. And now a very particular problem for Brexit, the United Kingdom’s anticipated exit from the European Union.

Gibraltar is reasonably considered a colony within the European Union because its territorial status as a British Overseas Territory is shared with an array of small colonial outposts, all internally autonomous but reliant on United Kingdom foreign policy. Unlike the Crown Dependencies (Isles of Man, Jersey and Guernsey – those within the broad definition of the British Isles, but not the United Kingdom), Gibraltar is not part of the European Union Customs Union, but is part of the European Union: Gibraltar shares its European Union membership with the United Kingdom, although Gibraltar’s autonomy means European directives have to be specifically passed by Gibraltar’s legislature. Such a complicated arrangement, for so few people, inevitably perpetuates its own exception – an exception the likes of which that none could reasonably establish afresh. The United Kingdom’s Brexit thusly also applies to Gilbratar, regardless of the will of the people of Gibraltar. While colonial status implies a genuine claim to self-determination, and hence a theoretical return to Europe as an independent state, that would force an almost impossible choice on Gibraltarians, apparently between Britain and Europe.

In 2002 the British government attempted to resolve Spanish claims by proposing the shared sovereignty, condominium, of Gibraltar. The concept was not so unfamiliar to Spain, even if the only territory it currently shares (on a six month rotation with France) is a small uninhabited island in the Bidasoa river. Catalunya’s Pyrenean borderlands contained several oddities: Andorra’s sovereignty was shared after 1278, albeit as a suzerainty – a vassalage offering tribute to both the Count of Foix (later France) and the Bishop of La Seu d’Urgell (later Spain). The arrangement effectively lasted until the French revolutionaries of 1793 renounced their share, although Andorra wasn’t admitted to the United Nations, and thus definitively sovereign, until 1993. A similar conflict was resolved differently in Val d’Aran, which in 1313 swore fealty to the Crown of Aragon (later Spain) in return for the valley’s local autonomy – an agreement that held until 1834. And again for Cerdanya, which was partitioned by the 1659 Treaty of the Pyrenees to leave Llívia (the ancient capital of Cerdanya) surrounded by France – albeit only a mile from the principal bordertown of Puigcerdà, and thereafter a tough border to enforce. All three examples were defined by the disagreements of surrounding dominant sovereign powers, but in each case the actual outcome was locally pragmatic, as befits the reality of Pyrenean geography. Such pragmatism acknowledges the de facto, the situation in fact or in practice: For example, an Aragonese monarch may have had a de jure (in law) claim on Val d’Aran, but since the valley was inaccessible from the south during winter, de facto Val d’Aran functioned with a degree of autonomy, and it was eminently sensible to acknowledge that reality.

The idea of shared sovereignty for Gibraltar was overwhelmingly rejected in a referendum, ostensibly because Gibraltarians did not wish to be “Spanish” – a view thus far unchanged by Brexit. Spain may justifiably be considered the enemy, but this is primarily a de jure fear. De facto, Gibraltar is strongly influenced by adjacent areas of Andalucía: 12 million people visit Gibraltar each year, daily visitor numbers roughly equal to the entire resident population, indicative of high economic and social inter-dependence. Likewise, Gibraltarians are far more culturally mixed than their British colonial status may imply, as likely to carry a British name as a Spanish name. Gibraltar’s “Britishness” is necessarily overstated to foster cultural unity – a direct reflection on the contemporary dominance of sovereign power, that the pragmatism of local coexistence is so readily overwhelmed by the power structure of national authority. So while a British-Spanish condominium would reflect the local character of Gibraltar, the very involvement of such sovereign powers now renders the feudal pragmatism of the Pyrenees impossible.

The rejection of shared sovereignty reflects a wider trend in international law, where condominium has become the exception for the awkward cases, not the norm: Deployed by treaty or convention to territories with no intrinsic social complexity, such as Antarctica or the deep ocean seabed, or to manage states during transition, typically post conflict or colonialism. Catalunya’s contemporary state of ambiguity, described in Absolute Devolution, is not a traditional condominium: Not just because it lacks an agreed resolution, but more fundamentally because The Act of Referèndum emphasises the relative unimportance of territory.

As Lassa Oppenheim highlighted, “a state without a territory is not possible”, because since 1648 international law has followed the principles of the Peace of Westphalia, which resolved the European conflicts of the Reformation, and formalised early modern understanding of state as that territory belonging to a ruler. Any alternative notion of state, such as one that reflects its people, must be retrofitted onto a geographic territory: Westphalia’s territorial presumption is increasingly arcane, even for modern democratic, self-identifyingly European, virtually connected, Westphalia. As argued in Patria and Patrimonio, this definition of state is firmly linked to Enlightenment thinking. Spain had failed to dominate the early modern intellectual hegemony, her global dominance usurped by the Dutch, and was thus forced to internalise her social (knowledge) model within her territory and present that territory to the wider world as an absolute power, a Westphalian sovereignty. The idea of Spain, as explored in 1714 and All That, provided an appropriately robust structure – an internally liberating bouncy castle and an ilusión of the external – an external that could theoretically never be achieved.

Independence from Spain necessarily breaks the idea of Spain for that which becomes independent. In the most basic scenario – the continuation of prior societal norms as a new independent state – independence requires the idea of Spain to be cloned locally. That implies a transitional period, during which the independent state exists in the Westphalian world, but is not yet adapted to it: Catalunya risks exposure to the actual external its society had previously been protected from by the idea of Spain, and requires Catalunya to behave appropriately, to exude control, quite different from the internal bouncy castle of Spain. However, the state of ambiguity is inherently self-transitioning, since both states are simultaneous within – change does not occur at one moment, nor is the whole in flux at once. The nature of within is social, focused upon that area of social knowledge best able to readjust: So long as state remains conceived with the intensity of family, and does not fall in the void in transactional responsibility that bedevils the Spanish political state, any changes can be managed with efficacy. Thus change is through the ambiguity of both, not the objective cause and effect of a singular revolutionary act. The familiar philosophy of the idea of Spain is cloned without leaving the comfort of home, sparing much of the trauma that normally accompanies the birth of a sovereign state.

The theoretical weakness of that scenario lay in what is cloned: The idea of Spain manifests the external in the physical, a physical which apparently cannot be rendered in ambiguity, and so the independent state will tend to conflict over the same physicality as the Spanish state. However both states share the same concept of the idea of Spain, where the physical is relatively unimportant in the social model. The physical has always been the common domain in the political state, and thus the physical can also serve to counterbalance two concurrent political states: More competition than conflict, this balance of states serves the function of a Quantum ballot of the polis – both states perpetuate primarily in social simulacres, their relative support manifest in the physical. While all that may sound exotic, it is little different from the practice of many modern democratic states, albeit without the veneer of singular power. Spain is already highly developed in this regard: Its autonomic policy-making process has almost no reliance on absolute power, while its legal structure bridges a chasm between power and people, affording considerable flexibility between corpus of law and enforcement. The loss of the veneer of singular power would not primarily be a problem internally. It is simply not how sovereign states are supposed to function, and thus primarily confusing for the external.

The already highly autonomous Catalunya gains almost nothing from Westphalian independence, since the territorial state remains more-or-less the same. Little more is gained than the right to be called a nation and register a claim on Catalunya Nord. Full fiscal autonomy is moot within the monetary union of the Eurozone – greater responsibility for debt may even disadvantage an independent Catalunya. In spite of appearances, the Westphalian independence is not the type of independence sought by Independència. That confusion lay in the prior tradition of manifesting the external in the physical, which thus over-emphasises the physical, territory, in matters regarding the external. But as this sequence of essays has demonstrated, the physical is relatively unimportant to the function of Catalunya’s society. The consequent unimportance of Westphalian sovereignty allows Catalunya’s independence movement to safely deploy it as a charade – a game of perception, the demos at the heart of Independència. As an internal rebellion, Independència has no realistic prospect of success. But by embroiling the European Union, on terms which the European Union cannot readily respond, Catalunya strengthens its hand. A game hitherto played as Spain is now primed to take international law – and perhaps even the Enlightenment concept of state – by surprise.

Continue reading “The Moral of Sovereignty”

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Absolute Devolution

Barcelona a Prim, Ciutadella Park

“Absolute Devolution” is the fourth essay in a sequence that explores the current Catalan independence process. The first essay introduces The Act of Referèndum. The second, on hope, 1714 and All That. The third, Patria and Patrimonio, on state. This essay characterises power.

The Battle of Ciutadella continues in perpetuity. Sure, they stormed the gates. But only to raise both flags upon Prim, the Catalan-born architect of Spain’s 1868 Glorious Revolution, the subsequently assassinated herald of a particularly turbulent period of political experimentation, from monarchy to aristocracy, via canton to federation, and then back to monarchy. The Iwo Jima moment captured by no one, because no one hopes for six years of tumult to restore the initial state. Sure, they were there. The core Madrid media all but glued to the stage behind, where the “Spanish” (many, but by no means all, Castilian) crowd politely listened to speeches of unity. The more separatist (Catalan and Basque) media camped outside the parliament ahead, where a dozen vans of “Mossos d’Esquadra” (Catalan police) waited apprehensively behind barricades for a riot that never materialised. Even the new-left-biased “Sexta’s” interest waned at the dearth of televisual anger. All with a story to tell, just not this one.

Bias is truth, because – in state – knowing is social. The disunity of a people, a state, reflected in the distribution of biases, the breadth of truths. To bridge disunity is to become an observer with no tribe. Hard enough within a state, ’tis the bane of a foreign correspondent, already lost between the language (as culture) of their audience and the language of that on which they report. Now transpose philosophies, and add a final twist: The external projection of an internal certainty, for an internal which is inherently not-so-certain. Welcome to Spain. Or in the ambiguity of Catalunyian, “Hola República Suspensus”, which roughly translates into English as “please see terms and conditions” – and into the Corsican separatist French of Charlie Hebdo as, “nous exigeons un debat”. These essays are thusly biased, not least by a language that has come to betray its assumptions – a hope of communication that is necessarily never quite realised.

British policy-making is causal and predictive, as befits its dominant philosophy. Policy is analysed or discussed, the method nuanced by the government of the day, then fixed in law. The aim of the process is to implement a robust piece of legislation, not “bad law” full of ambiguities that subsequently require judicial review or referral back to the legislature. This practice presumes a degree of stability or predictability in the target of the policy, and thus inherently struggles to manage rapidly-changing policy areas. Traditionally most obvious in technology, now the bane of a Brexit process that embodies both instability and unpredictability on a huge scale. The pragmatic short-term strategy of British government has been to centralise powers, so that it is best able to exert control over that which it cannot reasonably hope to legislate robustly upon. Brexit’s expected “return of powers from Europe” has thus stalled the devolution of powers promised in the wake of the 2014 Scottish referendum on independence. Not just for Scotland, but for the less obviously separatist regions of England, especially in the North – those that had progressively seceded power to the Place of Westminster during the 20th century, power that, in the 21st, Scotland had shown was possible to take back.

At its root, Spanish policy-making is far more fluid than in Britain. Spanish legislation is more solid than raw policy debate, yet often retains fluidity, as if a live trial upon society: Laws that fit society gradually take on a popular certainty, while those that cannot be accommodated by the social order are gradually reworked. The Spanish legislature is considerably less dependent on absolute power than the British, because it rarely has to enforce anything upon its society. A sense of absolute power is only important in the Spanish state’s dealing with the external. International law and relations presume sovereignty, absolute dominion, even if the reality within is more complex. The European Union routinely strains this structure by its reliance on the supposed absolute power of sovereign member states to implement policy directives, with no particular regard for the quirky transactional structures of policy-making within states. European policy directives that Spanish society can’t easily accommodate are implemented in a state of flux. The implementation of the European Union Services Directive to Spain’s taxi sector provides an example:

The 2009 Services Directive’s principle of “freedom of establishment” inverts the Spanish social principle of “visto bueno”, to ask permission beforehand. Unfortunately that inversion was not first applied to government, which continues to operate on the implicit assumption of “visto bueno” – that government will be given the opportunity to fix problems in law before they actually become problems, exactly the opportunity that the principle of freedom of establishment denies them. Now add a taxi business operated on the traditional principle of “autogestión”, somewhat akin to an extended family – its operations protected from other (competitive) agents by locally-administered regulation, built on three tiers of Spanish legislation (Law, Regulation, and Order) and often further augmented by local Autonomous Community legislation. What was thus unlikely to be a simple or socially acceptable policy change was none-the-less implemented with almost naive simplicity: A historically niche class of taxi licence officially named “arrendamiento con conductor”, but colloquially called VTC (“Voiture de Transport avec Chauffeur”), was reclassified as discretionary transport, much like a coach hire. That should have created a pre-booked “private hire” taxi market alongside the existing on-street “hackney carriage” market. In the (then) coming age of Uber and Cabify, services which would make pre-booking (via mobile phone application) as easy as hailing a cab in the street, both markets would merge. VTC licensing had previously been intended for limousine-style operations, far less prescriptive in its regulatory requirements than for regular taxi operations, but limited to a ratio of 1 VTC licence for every 30 regular taxi licences – a limit the reclassification theoretically removed.

Many autonomous communities, notably Madrid, issued new VTC licences, yielding different degrees of liberalisation in their respective local taxi markets. In Catalunya, nothing much changed. The region’s government, the Generalitat de Catalunya, continued to ignore new taxi licence applications, much as it had done for the previous three decades. Prior VTC licences became more flexible, but insufficient in volume to support the envisaged competitive market. The Generalitat’s head of transport merely acknowledges their “restrictive interpretation of the law“, referring to the contentious test of “underlying consumer demand” which a 1998 Order had arbitrarily defined as the 1:30 ratio (of VTC licences to regular taxi licences). Unfortunately such a fixed definition of “consumer demand” cannot reasonably be interpreted within the terms of the original parent Law – a law which must justify regulation within the Constitutional state, and thus ultimately takes precedence over an incompatible Order. So taxi legislation had already been in flux for 11 years prior to 2009. Arguably the entire policy approach had been misguided since at least 1987, when the Law was made compatible for European Economic Community membership: The Law emphasised econometric passenger demand, built on a systems theory conception of transport that de-humanises supply, when the prime policy requirement was to regulate taxi drivers’ working conditions – specifically drivers’ sense of ownership and security, to counter the excessive variability of their work patterns – in short, to maintain drivers’ sanity. European Union technocratic economic policy has consistently failed to understand this prototypical “gig economy“, both Commission and Parliament still struggling with taxi regulation. In the meantime “gig” workers in Barcelona’s internet-era food delivery businesses have already started edging toward the locally familiar model of cooperativism, in search of “economic sovereignty”.

In 2013 the Spanish government acknowledged the principle of “autogestión” – in effect, acknowledged the Spanish social order – and applied the historic 1:30 ratio to the Law (LOTT). Except the ratio had not previously been written into the Law, and it took another two years to modify the more detailed Regulations (ROTT) and establish a consistent body of legislation. Albeit for a now inconsistent reality: Since taxi licences are permanent, even transferrable, the 1:30 ratio could not be retrospectively applied in regions where it had been exceeded after 2009. Indeed, where previously exceeded, the actual ratio would likely forever exceed 1:30 and thus no new VTC licences would ever be issued again. Speculation ran rife, especially around contentious (unsuccessful) applications made between 2009 and 2013 – and perhaps also between 2013 and 2015, a particular messy period on which different regional high courts have reached different judgements. In Catalunya alone, thousands of applications are stalled pending the final judgement of the Spanish Supreme Court – awaited since July 2016.

In effect, the judiciary has been left to determine the balance of policy, a policy even the Spanish competition authority (CNMC) is reportedly split on. With a blurring of policy and law comes a blurring of political and judicial power, especially apparent at the higher echelons of state, where the risk to Spanish society of power becoming tyrannical is greatest. A similar pattern can be found within the structure of political power: As the Catalan crisis deepened, the executive government sought greater consensus within parliament than was strictly required for its governing majority – yielding to the policy concerns of the new-right Ciudadanos and old-left PSOE. The closer to the heart of the state issues become, the more blurred the three core institutions of power (judiciary, parliament, and government) become – an in-built protection against the rise of absolute tyrannical power. The same cannot be seen within Catalunya’s Independentist process because the structure is inherently unable to process a separation from itself – Constitutional Spain has no capacity to leave itself.

Modern Spain’s method of policy-making is no accident: The Spanish Constitution enshrines the “development of fundamental rights and public liberties” in Organic Law. Organic law is essentially a philosophical construction that allows the thing to be based on itself, a principle common to the founding charters of much of the United States, famously guaranteeing the rights of the people, in the people. The fiat currency of law, Organic law is ultimately based on trust. Spanish Organic law thusly emphasises competency, not hierarchy. Humanity, not divine right. Where the unity of Americans can lean on history (inverse prediction) to define “the people” as a continuation over time, Spanish unity has no such luxury: As concluded by 1714 and All That, ilusión is to be lived, not lived in the past. This societal need for a living constitution was moderated by the addition the monarch and military as living defenders of the unity embodied in an otherwise increasingly historic text. Unity is state, because knowing is social. A theme explored further in the next essay, The Moral of Sovereignty. The hierarchical (God-given or feudal) nature of traditional monarchy never intuitively matched the (structural or philosophical) autonomy of modern Spain. While in 1978 the monarch served to transition Spain out of dictatorship by preserving noble entitlement (the social order inevitably frames governance), the monarch’s constitutional role was always likely to grow awkward. Both monarch and military have transpired to be unpopular in Catalunya – the monarchy popularly considered frivolous, the military oppressive. Neither evokes the intended sense of unity. Their involvement may thus make the Spanish Constitution more vulnerable, not less.

Trust applies both internally and externally, which is where the concept of Organic law in the 1978 Constitution melds with the traditional idea of Spain (described in 1714 and All That). That idea maintains different internal and external perceptions, thus what appears absolute to the external, can remain fluid to the internal – the paradox held in the idea of Spain. Independently, each of these philosophical constructions has historically been robust – Organic law in the United States, the idea of Spain for Spain. The combination of these two constructions in modern Spain, each with its logical vulnerabilities, has a complex interplay:

Spanish citizens trust in Constitutional Spain as they trust in themselves, reflecting the broad pattern of Organic law. Yet as explored in Patria and Patrimonio, the transactional model of responsibility within state is functionally broken, and in complex policy areas citizens are trusting to little more than a void called “state”. The common physicality of state should enable transaction from the small-scale family model to the large-scale nation, but this physicality too often fails. “Simulacres et Simulation” are more indicative of Catalan societal reality, whose intensity the formal structured political state cannot match in physicality. The emphasis on the physical within the political state stems from the idea of Spain, which holds the external in ilusión, and rewards participation in the political state with the manifestation of such ilusión. The contention is that this manifestation is physical to avoid confusion with society itself – more specifically to retain the idea of Spain’s fundamental demarcation between internal (as social simulacres) and external (as physical ilusión). A political state operating solely at the functional level of its society could not maintain such a demarcation. The idea of Spain thus inhibits the transactional state which would be ideal for trust in Constitutional Spain. However the idea of Spain cannot be relinquished without removing its philosophical protections. Based on contemporary events, those philosophical protections are critical to the normal function of Catalan society.

Such analysis is flawed by its narrow logic and presumptive interpretations, but gives a general indication of the interplay between the two philosophical constructs that seem to guide modern Spain. The Act of Referèndum both admonished Catalan trust in Constitutional Spain and fatally exceeded the idea of Spain. The expected model of policy-making unavailable, the state dropped into ambiguity. In the absence of an alternative philosophical project, Catalunya lists precariously in unfamiliar waters. Her Independentist manifest still expecting sight of the promised land. And all the while, storm clouds gather across the Iberian sea.

Continue reading “Absolute Devolution”

Patria and Patrimonio

Sant Llorenç de Montgai

“Patria and Patrimonio” is the third essay in a sequence that explores the current Catalan independence process. The first essay introduces The Act of Referèndum. The second, on hope, 1714 and All That. This essay characterises state.

In September 1923, Miguel Primo de Rivera, the Captain General of Barcelona, lead a successful military coup d’etat for control of the Spanish government. Spanish society had never recovered from the humiliation of the “Disaster of 1898“, not least the Catalans, whose textile industry had previously benefited from favourable trade with what had remained of the Spanish Empire – a policy that had done nothing to assuage the Cuban separatism at the heart of the Disaster. Primo de Rivera’s paternal dictatorship manifest a pragmatic economic nationalism, in which government gave to the “working” population only in so far as it did not take from the “landed” interests of the elite. An improvement on Cánovas’ policy of absolutist suppression, that had contributed to 1898, but ultimately insufficient to avert the rise of the Second Republic, subsequent civil war, and altogether harsher dictatorship of Franco.

The railways of Spain mimic her geopolitics. That’s as true today as it was when the centralist government of Isabel II first offered state support in 1855, explicitly for new railways emanating from Madrid. An imbalance between the centre and periphery redressed in the 1870s and 1880s by the gradual formation of a near-perfect duopoly of the two dominant railway companies: Centrally-focused MZA and more peripheral Norte. The exception of Andalucía from this duopoly is notable for suggesting the geopolitics of Spain are not quite as simple as centre vs periphery: Not just that the regionally dominant “Compañía de Ferrocarriles Andaluces” remained outwith the duopoly, but that its ownership so closely mirrored wider political history – from primarily French investors in the 19th century, to Catalans in the 1920s, before collapsing into the state in the 1930s. While Spain’s railways were built as commercial concessions (the profit from their operation expected to fund most of the cost of their initial construction), the materials shortages caused by World War One had pushed operating costs beyond revenue. The creeping nationalisation of Spanish railways, which had started at the turn of the century as state protections for the railway industry, was looking increasingly inevitable by the 1920s. Sufficiently inevitable that the Spanish state could engage in railway building without incurring the wrath of the elite, just not yet in the more commercial territorial cores of the centre and periphery. Enter the era of the Explotación de Ferrocarriles por el Estado (exploitation of railways by the state), and the Málagan engineer Rafael Benjumea y Burín, the Count of Guadalhorce.

Ostensibly aimed at integrating Spain’s railways, the Guadalhorce Plan of 1926 primarily fulfilled Primo de Rivera’s policy of building “economic” infrastructure, albeit only in so far as it did not impinge on the interests of the elite – a caveat that essentially excluded economically beneficial railway investment. The fatal flaw in Primo de Rivera’s economic nationalism was his inability to apply it to the most commercial areas of the Spanish economy, commerce indicative of economic (especially industrial) benefit, because such areas remained wedded to the untouchable landed elite. Primo de Rivera’s policy none-the-less established a precedent for the state to provide infrastructure for the people, even if that infrastructure serve almost none of its implicit economic function. Most evident in railway policy, but presumably true of wider communications including power, this precedent combined with the 19th century expression of (especially central) authority through railways, an absolutism vested in God: As explained in 1714 and All That, the idea of Spain maintains the external as a god in nature, so to this way of thinking, railways serve as the physical manifestation of the external. The contemporary AVE high-speed Spanish railway network is built thus: The external, a (Bourbon legacy) mirage of France’s TGV, physically manifest for the people of Spain with scant regard for economic performance. The radial AVE network was delivered geopolitically over three decades due to the immense cost of railway construction to an internal economy which is not as strong as its external ilusión portrays. For now, radial only, the traditional peripheral counter-balance temporarily lost in a quagmire of regional autonomies that struggle to stand together against the centre, evident from the Mediterranean Corridor. Prediction, of operating costs and revenues, little more than a charade for soon-to-be bankrupt international investors, the bane of operations in a culture that can only comprehend mega-project solutions to its operational problems, but not a philosophical tenant of the idea of Spain, and thus to misunderstand ilusión – a hope to be lived.

The Guadalhorce Plan’s most infamous project was a transversal railway from south to north – Baeza in Andalucía to Saint-Girons in France – avoiding all the major cities of Spain – Seville, València, Madrid, Barcelona. Economically and operationally, such transversal railways are difficult projects to justify, even in densely populated, highly industrialised countries – a rational nonsense for relatively agrarian Spain. Yet perfectly suited to the geopolitics of the moment. In the nature of ambitious construction proposals, the Baeza-Saint Girons project outlived its moment: The project persisted (with a break in the 1930s, when Guadalhorce was in exile) until Franco’s post-isolationist stabilisation plan of 1959, which briefly injected American economic “sense” into Spanish railway development, directing investment into the productive core of the railway network. The only section to have opened, Lleida to Pobla de Segur, a glorious white elephant – that with the greatest of respect to Pobla de Segur (population three thousand), goes nowhere that warrants the cost and capacity of a railway. Spanish enthusiasm for underutilised geopolitical transport infrastructure evidently predates the “ghost airports” of the early 2000s.

Left to the tyranny of post-Francoist Spain, RENFE (Spain’s nationalised railway company) would have closed the Lleida-Pobla de Segur railway as part of their 1984 route rationalisation, a Beeching-esk response to financial deficits. Apparently under pressure from local people to save the line from closure, the autonomous community stepped in. By operating subsidy since 1984, ownership since 2005, and complete control since 2015 – the latest notable for de-implementing European policy, a shift in policy focus from national to regional, an unintended acknowledgement that the line’s original cross-border ambition was over. In addition to paying an operating subsidy of almost 2 million Euros a year, between 2006 and 2016 the Generalitat de Catalunya (the government of Catalunya, via its railway subsidiary FGC) invested 45 million Euros in the route, including a pair of new trains – which subsequently improved frequencies and patronage, albeit from a pitifully low base: Average daily passenger journeys (factoring in occasional tourist trains) had fallen as low as 200, strongly skewed to the short southern section between Lleida and Balaguer.

The epitome of politicised infrastructure, the very manifestation of the geopolitics of Spain, the Pobla de Segur railway was surely destined to illustrate the Generalitat de Catalunya’s publicity for the Act of Referèndum. The sidings at Sant Llorenç de Montgai station repurposed under the banner, “you were born with the capacity to decide – will you give that up?” With little visual pretence of neutrality, indicative of the politicisation of Catalunya’s principle civil institution, the citizen of the upcoming state of Catalunya is presented with a choice between the straight track ahead and the siding to the right. Humorous deceptions all: The straight track continues to Pobla de Segur, as close to nowhere as Catalunya’s railway network goes. The sidings have been airbrushed to show just one, avoiding any suggestion of the plural reality beyond. And not one of the two trains is in sight, the impending “choque de trenes” (socio-political train crash) left in the eye of the beholder. With specific historical context, the poster represents the perpetual geopolitical struggle that is Spain. Without, the enticing vision of a future on an empty set of railway tracks, reveals much about the relationship of people and state.

Continue reading “Patria and Patrimonio”

1714 and All That

Collioure, Catalunya Nord

“1714 and All That” is the second essay in a sequence that explores the current Catalan independence process. The first essay introduces The Act of Referèndum. This essay characterises hope.

As if to confirm his opinion, newspaper columnist Gregorio Morán was fired for decrying the sponsorship of the Catalan media by the independentist cause: In the Brave New Catalunya, state sponsored freedom would seem to have no place for freedom from state. While Morán’s fate was extreme, the loss of plurality that stems from the Act of Referèndum is undermining the very trust and stability normally promoted by the human biases of Catalunya’s social structure: Where the employment is substantially based on who you know (and high structural unemployment makes meaningful roles in society especially scarce for the minority), and sometimes being seen to do can count for more than actually doing (which gives rise to institutionalised virtue signalling), people need the space and respect to disagree. Without that plurality, tensions build between the individual and their tribe. Human decorum engenders a culture of agreement – real and imagined – or defaults to unhealthy silence. The resulting state is ambiguous. No place in Catalunya for the lively doorstep debates common in pre-referendum Edinburgh, nor for the inclusive plurality of “Scot”: Catalan is increasingly analogous to Independentista, a dangerous rift within Catalunya herself.

Such ambiguity is not universal. At the core of the independentist movement lay a heartfelt belief, an intensely directed hope, as genuine as any. Even a life-affirming sense of purpose, a contribution to community of the sort that individualism undervalues. But Vilanova does not a country make. Independència was not born of Barcelona, yet the city’s size, stature, and seat of government make it crucial to the success of an independent Catalunya. The reality of Barcelona is rather more ambiguous than the stage-managed revolution conveys. Altogether less discursive than the passive student protests, those characterised by their sitting. The rise of such ambiguity in Catalan society runs counter to the moderating influences of both modern Spanish democracy, whose suffrage is individual, and traditional Spanish absolutism, for which ambiguity is its indeterminant opposite. The Referèndum may indeed have crippled Catalan plurality by mooting the idea of leaving Spain from within Spain, but the Referèndum is also the only force keeping the “lid on the pot” of its culinary creation, preventing the social ambiguity that is more commonly called chaos from spilling out. While there is still hope for el procés, the Referèndum exerts direction (both in time and active control). Without that hope, both cause (lack of plurality) and effect (ambiguity) dissipate – as if to wake from a dream. Such a romantic description of what immature societies resolve in barbarism rests upon the inherent strength of the collective “il·lusió”: The “ilusión” of the idea of Spain as both the perpetual internal rebalancing that sustains it, and the collective management of hope. Time as oscillation and time as direction. These concepts will become clearer over the course of this essay.

A historic review diagnoses the Catalan independentist with either interminable optimism or acute amnesia: Throughout the five centuries of Spain, Catalunya’s epicentre, Barcelona, has hosted innumerable attempts to cede from, or otherwise destabilise, Spain. That none has succeeded in independència, even when directly comparable revolts in less intrinsically Spanish territories (such as the Netherlands) have, should bare consideration. That it does not, hints at the deeply internalised nature of this struggle, in which the attempt to separate gives unity to that which is being separated. This inherent tension between Spain and its constituent provinces is impenetrable because it is wrapped up in the idea of Spain. Impenetrability that substantially defined empire, from the Genoese bankrolling of Habsburg Spain on the seemingly endless riches of the Americas, to the prevailing model of colonial allegiance, which presented the Spanish monarch as an external god – something that endured until the Napoleonic era crisis heralded the coming fall. Since the empire was born of the same 1490s Golden Age that formed Spain, it seems reasonable to conclude the same principles were integral to the very idea of Spain, although the post-hoc nature of creation history clouds such analysis.

Castellano’s “ilusión” shares the same Latin root as English “illusion”, but their emphasis differs significantly: English illusions are empirically false, occasionally with an intonation of failed optimism. Castellan ilusión describe the positive hope for the good, both imaginary and realised. As does Català’s “il·lusió”. Language expresses culture. That hope, change over time, is deeply embodied in the way we sense the world. Sense, another word that is too readily mis-translated. A timely reminder of the difficulty of describing one culture through the prism of another.

Since unfettered ilusión is a plague, a cancer, prone to killing its host, ilusión must be maintained in an independent, but independently unchallengeable, ideal. The first is easily externalised: France, for example. As in the Bourbon dynastic desire to build Spain in the image of France. The philosophically difficult counter is to ensure this local ideal of France cannot be challenged by a Frenchman. Perhaps it is because ilusión are inherently temporal (aspiration of change in the not-now), that the vector called time is not also able to relate (and hence resolve) the actual basis for the ideal to the ideal of the ilusión, as we have come to expect in more mundane matters of entropy. I will call this contention the Quintradian perspective (named because it implies some abstract fifth notion of relation, beyond singular space-time): The simultaneously different perception of precisely the same thing by different groups, whose mutual perception bounds and binds the group. The Frenchman (to continue the example) who actually knows France can never be in the group that holds France in ilusión, because then they would not actually know France – at best they would hold two presumably somewhat contradictory understandings in their head, loose semblance of true belonging to either group, and thusly know nothing about “France” with certainty. Critically, at no point can they definitely challenge ilusión. Therein is the bedrock of a nation – and the bane of the supra-nationalism implied by globalism, there being no other globe on which to base human ilusión.

Much like the English, the Catalans reference the foundation of their contemporary autonomy to a year in which they were crushed by “the French”. English schoolchildren are traditionally indoctrinated with the idea that England starts at the Norman conquests of 1066 – even though another 150 years pass before the Battle of Lincoln demonstrates as much cohesive autonomy as Æthelstan had enjoyed in the century before the Normans. This method of teaching was parodied in “1066 and All That“, a book neatly summarised by its own subtitle: “A Memorable History of England, comprising all the parts you can remember, including 103 Good Things, 5 Bad Kings and 2 Genuine Dates.” The myth that modern England started as a Dutch coup in 1688 is somehow less appealing to the English, yet would reflect much the same succession crisis (and corresponding adjustment of power) that Catalans celebrate in the 1714 fall of Barcelona, which ended the War of the Spanish Succession. A loss still cited as illegitimating Spain’s rule over Catalunya. Not for the last time in history, Catalunya found herself on the losing side of an internal Spanish conflict.

Hope is especially important to both, as both are managing the failure of hope that is the inevitable fall from the over-achievement of global empire. In this regard Spain, of which Catalunya is part, is the most advanced nation in the modern world: A century ahead of Britain, the Británicos’ interest in Spain should not be limited to the beach, or whatever the Olympic-tinted Barcelona guidebook instructs about Gaudí-land.

Superficially, the Catalan hope of the Referèndum is familiar to Brexit Britain: Catalans blame Madrid (meaning Spain), much as Brexiteers blame Brussels (meaning the similarly ambiguous “Europe”). Those that enjoyed the good times before the crisis of 2008 quite reasonably expect more of the same. Since the need to feel hopeful necessarily obscures self-analysis of past excesses, righteous indignation at the loss of the good times can all too readily be channelled into cannon fodder, killing “two birds with one stone” by the redirection of domestic tumult onto geopolitical opponents. The Catalan Bourgeoisie, at least for the moment, are simply better at controlling this game than the British Establishment. Similarly the risks of transitional instability are downplayed: Catalunya’s gentle October waltz into internationally-recognised statehood can look, to the neutral observer, just as implausible as Britain’s just-add-water “Empire 2.0” post-European economy. Cynically, such transitions serve only to create new low-points from which things can only get better. Again.

Comparison is actually far more difficult because of differences in temporality: Contemporary England (and to a lesser degree Britain) can be accused of living in a collective memory of past imperial glories. Britain’s causal analytical model affords protection from the external world by the prediction (increasingly to the point of insanity) of that which it thinks it can understand. A predictive process that references both past and future, which when faced with a particularly uncertain future, is prone to emphasise the certainty of the past. Quirky, Britain shares enough Hegelian temporality with its Northern European neighbours to lull it into the false assumption that the whole world thinks the same way. Catalans within Spain do not revel in quite the same temporal distortion: Catalunya could happily emphasise its successful expansionist medieval history. Alphons centred the Crown of Aragon on Barcelona in 1164, and over the next three hundred years Aragon grew to dominate the Western Mediterranean, before the union with Castille that lead to the formation of Spain, which became the world’s first super-power. An impressive ancestry. That instead Catalunya chooses to emphasise its subsequent struggle with Spain, is not just indicative of the inherently internalised struggle for and against Spain, but that hope has to be actively lived, not just remembered. Wrapped in the idea of Spain, (internal) ilusión is passively protected from the external factors of which there is little or no native understanding.

What liberates hope internally is also the bane of hope externally. The idea of Spain necessarily presents the external as a god in nature (a form of deus sive natura), so the Catalan independentist journey to the promised land is no mere metaphor (although, as in all matters of religious belief, such exposition risks insulting believers). The corollary, the internal liberation of hope – the bouncy castle called Spain – creates a vastly more robust play space than expected by the purely predictive. The people of Spain widely acknowledge the impending “choque de trenes”, the socio-political train crash, but there is no rush to prevent it because the consequences are understood to be internal – entirely a part of the fluidity that is Spain. Tears before bedtime there will be – but should a nursery be devoid of toys, just because they get broken from time to time?

Continue reading “1714 and All That”

The Act of Referèndum

Campaign posters for the Catalunya 1-O Referèndum

Foreign observers are easily confused by the Catalan referendum, the supposed 1st October 2017 (mischievously notated “1-O”) self-determination of the hitherto Spanish region of Catalunya. The British libertarian press, whose readership naturally warms to stories of plucky little Catalans struggling against the oppression of the Spanish Empire, is invariably befuddled by the lack of political plurality in the process. The very observed absence of such plurality, on a topic that routinely divides the population of Catalunya, itself reveals the “Referèndum” as the action solely of the independentist cause, not the holistic process of resolving the actions of all parties, which is what the word referendum usually indicates. The linguistic deception hidden in plain sight remains remarkably enduring propaganda.

The Referèndum script is similarly obvious to those who would see: The Parliament of Catalunya is the elected assembly intended to legislate for the autonomous region of Catalunya, to legislative principles established by its Statute of Autonomy, which derive from the post-Francoist Constitution that embodies Spanish democracy. The Parliament has no power by Statute to legislate on independence from Spain, but that doesn’t physically stop the Parliament from passing laws to establish both the referendum and the template for an independent state. The Spanish Constitutional Court may promptly declare the legislation unconstitutional, but no punishable offense occurs until a law is acted upon. This is a common principle in Spanish law, and to a good degree wider culture (reaction, rather than prediction), but is reduced to farce by an act that frees itself from the authority binding it. The deception at the heart of the Spanish Constitution, its unchallengeablity, challenged. Clever Catalans.

In the meantime a wild goose chase commences, in which the Spanish authorities attempt to stop acts related to the referendum. In practice that results in a lot of incendiary media coverage, as the Guardia Civil (one of the national Spanish police forces) impounds harmless pallets of contraband referendum publicity. The detention of the civil servants responsible just increases the stakes. Such Spanish oppression of human rights, free speech, democracy, autonomy, you name it, is actually in defence of just that – the Constitutional imperative that is protecting those principles on behalf of the entire Spanish population. But because the crime is called Referèndum it looks quite the opposite. Again, the deception hidden in plain sight.

Spanish adherence to Constitution is not dogmatic pedantry. Not merely a convenient mechanism for Spanish government to counter the separatist threat without actively engaging in political discourse. As the collective memory tells it (which is not always the same as what actually happened), all the communities comprising Spain fought (Francoism) to establish democracy, and it is that collective contribution that is now being disrespected by the Catalans. An insult to both modern democracy and the shared notion of equality between communities, a notion found in the 1812 liberal constitution of Cádiz that continually bubbles to the surface without ever properly overcoming absolutism. This is no small reconciliation that you ask.

Assuming the rule of law holds its nerve until polling day, the choice is expressed primarily in attendance, not the position of the cross on the ballot paper: It is a conflicted, certainly brave, possibly stupid, citizen who knowingly performs an unconstitutional act in order to register, in effect, their support for the very constitution they’ve just broken by their act. That’s the kind of moral legal argument that won’t trouble most of the populace of Catalunya, but it serves as a stark explanation of why the Referèndum is for those that wish to vote Sí, and why a genuine referendum could only be organised under the auspices of the Spanish Constitution. Albeit, as explored later in this text, logically impossible to organise as the idea of leaving Spain from within Spain undermines the very idea of Spain. Details, details. Surveys typically suggest a clear majority of those against independence will not vote, yielding a strong vote in favour of independence on a turnout of 50-60%. Turnout isn’t considered by the law (of the Parliament of Catalunya) that creates the independent state two days after a yes vote (Catalan politicians typically cite constitutional changes passed on similarly low turnouts, although that rather understates the magnitude of this change). So, like clockwork, Referèndum will deliver the Brave New Republic of Catalunya in the middle of the first week of October 2017. Historians may later judge this Referèndum to be a coup. A propaganda coup, obviously, because a coup d’état wouldn’t be very democratic.

Cue the musica epica, as the Spanish tanks roll down the Diagonal, and those plucky little Catalans make one glorious last stand against their oppressors… Simultaneously resolving the independentists’ problem with Spaniards – and Barcelona’s problem with turismos. Such legends are more attractive in the telling than the living. If anyone in Catalunya genuinely has the stomach for that, again, they are not obvious in the mainstream of independentists: Those whose demonstrations encompass a family picnic in the park, before standing politely where they are told and gesturing appropriately at the camera when instructed by the director. More plausible to picture a pair of rutting Stags, mammalian heavyweights keen to assert themselves in the herd, yet not so keen as to lose their antlers, and well aware that when the rut ends they’ll have to learn to live with one another. The Familia España may have a few more fraught years of Catalan angst to deal with, but ultimately All’s Well That Ends Well. And no, that doesn’t imply the return of “Catalunya Nord”, as Catalunya’s public television clone, TV3, affectionately refers to (contemporary French) Roussillon.

Continue reading “The Act of Referèndum”