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POLITICS

Why Spain’s right is vehemently opposed to changes to sedition law

Spain's right-wing opposition is infuriated over government plans to abolish sedition, the charge used against Catalan separatist leaders, decrying the move as a gift to pro-independence parties in exchange for parliamentary support.

Why Spain's right is vehemently opposed to changes to sedition law
Catalonia's failed independence bid sparked Spain's worst political crisis in decades, with then-Catalan leader Carles Puigdemont and several others fleeing abroad to escape prosecution. (Photo by LLUIS GENE / AFP)

Parliament on Thursday approved a bill to reform the criminal code to drop what Spain’s left-wing coalition government sees as an antiquated offence, replacing it with one better aligned with modern European norms.

And the change should be in place before the year’s end, Spanish media reports say.

In response, the far-right Vox party has called a protest in Madrid on Sunday, while the right-wing opposition Popular Party (PP) has convened rallies across the country to express its opposition.

Right-wing parties say eliminating sedition — the charge used to convict and jail nine Catalan separatists over their involvement with a failed 2017 independence bid — will pave the way for another attempt to separate from Spain.

Initially condemned to between nine and 13 years behind bars, the separatists were pardoned last year by the leftist government, drawing fury from the Spanish right.

“Great for those in Catalonia who want to stage another coup!” PP lawmaker Edurne Uriarte told a parliamentary debate over the planned law changes.

Like European democracies

The failed independence bid sparked Spain’s worst political crisis in decades, with then-Catalan leader Carles Puigdemont and several others fleeing abroad to escape prosecution.

Spain says its efforts to have them extradited have failed because many European countries simply don’t recognise sedition as a crime, with the bill seeking to reframe the offence as an “aggravated public disorder”.

The bill aims “to reform the crime of sedition and replace it with an offence comparable to what they have in other European democracies,” Sánchez said earlier this month.

“The crimes committed in 2017 will continue to be present in our penal code, although no longer as crimes of sedition… but as a new type of crime called an aggravated public disorder,” he said.

But even Puigdemont has expressed misgivings about the legal change, saying those separatists celebrating the move “have learned nothing from the last five years”.

The new offence would carry a maximum penalty of five years behind bars, compared with 15 years for the crime of sedition.

Opposition leader Alberto Núñez Feijóo asked Sánchez to “clarify whether he is actually reforming the crime of sedition to protect Spanish democracy or whether he is just trying to politically survive” — implying the bill was payback for pro-independence party support in parliament.

“The PP’s stance is clear: we will increase the penalties for sedition and rebellion, we will make them criminal offences and will make the holding of an illegal referendum a crime,” he said of his party’s position, with a general election on the horizon.

Some reluctance on the left

The PP managed to ensure Thursday’s vote was vocal, a rare procedure in Spain in which lawmakers verbally declare their support or opposition for a bill, in a move forcing the more reluctant Socialists to lay their cards clearly on the table.

Spain’s criminal code currently defines sedition as “publicly rising up and using mass disorder to prevent the implementation of laws, by force or through means outside the law”.

More succinctly, the Royal Academy of Spanish Language defines it as a “collective and violent uprising against authority, against public order or military discipline without reaching the gravity of rebellion”.

The crime has survived various reforms of the legal code, the last of which was in 1995, but its critics say it dates back to the 19th century.

“We are revising a crime that was enacted in 1822 in Spain, dating back 200 years to when there were still military uprisings,” Sanchez said earlier this month, pointing to Germany, where sedition was abolished in 1970.

But reclassifying it as an aggravated public disorder hasn’t satisfied some on the left who fear it could be used against demonstrators.

“It concerns us… (that the new offence) could have some limiting effect on the right to peaceful protest,” argued Pablo Echenique, spokesman for the hard-left Podemos, the Socialists’ junior coalition partner which was behind the moves to abolish sedition.

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POLITICS

Spain lawmakers reject far-right no-confidence motion

Spanish lawmakers on Wednesday roundly rejected a no-confidence motion against socialist Prime Minister Pedro Sánchez brought by the far-right Vox party and fronted by an 89-year-old former communist.

Spain lawmakers reject far-right no-confidence motion

After nearly 14 hours of parliamentary debate which began early Tuesday, the motion was rejected with 201 votes against, to 53 in favour and 91 abstentions in the 350-seat chamber.

It never had a chance of success given it was only supported by Vox’s 52 MPs, although it secured one extra vote from an independent lawmaker. As pledged, the right-wing opposition Popular Party (PP) abstained.

The no-confidence move – which was defended by elderly economist, Ramón Tamames, who does not belong to Vox – comes two months before local and regional polls in Spain on May 28th and ahead of a December general election.

“We will not vote in favour of this motion out of respect for the Spanish people, and we will not vote against this motion out of respect for you, Mr. Tamames,” the PP’s number two, Cuca Gamarra, told lawmakers ahead of the vote.

An earlier Vox-led no-confidence motion in October 2020 also failed but the PP had voted against, with Wednesday’s decision to abstain drawing fierce criticism from Sánchez.

Vying to govern

“It is remarkable and revealing to see the traditional right… getting closer and closer to the far-right,” he said, accusing opposition leader Alberto Núñez Feijóo, who is not a lawmaker and did not attend the vote, of seeking to appease Vox ahead of the elections.

“What does the absent leader of the traditional right say today in the face of history repeating itself? He is silent. But his silence says it all: they know they need Vox to be able to govern,” Sánchez said.

Vox became Spain’s third-largest party when it entered parliament in 2019, and last year won its first share of power in one of Spain’s regional governments alongside the PP.

It is a model the party is hoping to repeat with polls suggesting the PP would win December’s election but would need Vox’s support to govern.

However, Vox’s ultra-conservative stance, notably over abortion in recent months, has embarrassed the PP which has sought to distance itself from the faction.

Despite the motion’s rejection, Vox leader Santiago Abascal said he was “satisfied”. “Once again, we have exposed one of the worst governments in our history,” he told reporters.

“We knew what the outcome (of the vote) would be but above all we were satisfied with the debate, we wanted this government to be exposed and it was.”

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