Draft Catalan Constitution by Constituïm: Catalan as official language, presidential system, no army

BarcelonaWhile political parties are finalizing negotiations with civil organizations to set up a debate on a national scale as to what an independent Catalonia should be like, the group Constituïm —made up of some twenty professionals from different fields--- has already completed its proposal for a Catalan Constitution, and this Wednesday they handed a copy to Carme Forcadell, the President of the Catalan Parliament. The proposal was based on three proposed constitutions, including that of Judge Santiago Vidal, and thousands of citizen contributions collected via Constituïm's website.

Highlights of the proposal include the introduction of Catalan as official language, a "special status" for Spanish, the absence of an army, and a presidential system of government.

The text proclaims Catalan as the "national and official" language of Catalonia, while it recognizes a "special legal status" for Spanish-- that is, it does not give it the same status as Catalan. In fact, a transitional provision specifies that the status "guarantees and protects the linguistic rights of the Catalans" who make up the new State, "born before 1977, to be able to use the Catalan language, orally and in writing, in all public institutions". Aranese, the Occitan language spoken in the Val d’Aran, is also recognized as an official language.

Another of the most controversial points in this draft proposal is defense. After receiving various amendments regarding this question from citizens via the internet, and a fierce debate within the group, the text does not foresee the creation of a Catalan army, but instead defines Catalonia as a "nation of peace". It does, however, establish the creation of a national security agency charged with "guaranteeing the safety and defense of citizens within the territory of Catalonia", as well as "compliance with international obligations assumed by the Republic" (which could open the door to joining military alliances such as NATO, even though the constitutional proposal does not explicitly mention this). It also incorporates an institution dedicated to resolution of international conflicts, the International Institute of Peace and Truce of Catalonia, which would be tasked with studying and developing "non-violent methods of intervention and resolution of armed conflicts”.

As to nationality, the text provides that it will be acquired by birth, ancestry, adoption, marriage, residence, or choice. And it makes clear as well, that "Catalans of origin cannot be deprived of their nationality in any case", and that the Catalan Republic can sign treaties or agreements of "dual nationality" with all countries that recognize the principle of reciprocity and also those that do not.

A transitional provision also regulates the acquisition of Catalan nationality at the moment of creation of the new State: "All those citizens who on the date of declaration of independence have Spanish nationality and Catalan administrative residence, or those who can prove their usual legal residence in Catalonia for a period of more than 5 years, are recognized as Catalans of origin to all effects and purposes, without prejudice to their right to renounce it if they wish to preserve their Spanish nationality and Spanish legislation makes dual nationality incompatible”.

On a different note, while Catalonia now employs a parliamentary system of government (the people elect their representatives and these choose the president), this Constitutional proposal calls for a presidential system of government, in which the President of the Generalitat is both head of the executive branch and head of State at the same time. It would be a system similar to that of the United States, in which the people elect the president directly. The term would be for five years, and chosen by a single district comprising all of Catalonia.

A "tool" for the constituent process

In statements for the media following his audience with the President of the Parliament, Jordi Domingo, spokesman for the group, highlighted that it is a draft proposal, a "tool" for parliamentary groups to analyze. He remarked that the text puts great value on "citizen participation", the environment, and the protection of citizen rights.

In the framework of the constituent process, what role will this constitutional proposal play? Domingo argued that it is an open proposal, designed to start a discussion within the framework of the national debate that parties and organizations are preparing about what the eventual Catalan Republic should be like. "This is not a finished text, but rather one that can be broken down based on reflection and discussion in the streets and town squares". Constituïm argues that it is easier to debate a pre-existing text than to start from zero with a blank sheet of paper.

According to the group, the meeting with Forcadell was "magnificent", and they expressed to her their willingness to appear before the committee on the constitutional process headed by Lluís Llach.

The genesis of the proposal

Where did this Constitutional proposal come from? The text is the result of a fusion of three previous constitutional proposals: that of judge Santiago Vidal's team; that of the group Constitucio.cat, led by Oriol Vidal Aparicio; and the constitution created under the supervision of engineer Joan Fonollosa. These three drafts were presented together, in January of last year, at the Ateneu Barcelonès, and since then citizen contributions have been collected via the internet. The task of the group Constituïm has been to merge all of this material by means of "meticulous" work and "intense" debate. They have met weekly for months, divided into five different groups: rights, legislative and executive functions, legal systems, territorial organization, and economy.