That’s the title of a very good article by Princeton political scientist Carles Boix and J.C. Major. The article provides background to the Catalan self-determination movement but also discusses recent developments and the reasons for them. One takeaway is the enormous role that the Spanish government’s response to the last Catalan autonomy statute, essentially gutting it, played in provoking the growth of the independence movement. As I noted in a piece in Electoral Studies 10 years ago, when the central government spikes decentralization, secessionists strengthen, but when a referendum on independence or autonomy fails (the failure being internal rather than external in origin), secessionists weaken. The article also contains important information on what the Catalan government plans to do if the central government forbids it to hold a referendum, as seems likely. I won’t spoil it; just read the article.
Posts Tagged ‘secessionism’
The Government of Scotland has just released its 600-odd-page white paper on independence in advance of the September 18, 2014 referendum on the question. First Minister Alex Salmond and the rest of the pro-independence side have their work cut out, with the latest poll showing a 47-38% plurality in favor of “No.”
In part, the white paper aims to show that independence would not harm the Scottish economy. There is a debate between nationalists and the British government about whether Scotland would face a significant fiscal gap after independence. The Institute for Fiscal Studies says Scotland would face a long-run fiscal gap amounting to 1.9% of national income after independence, while the British government says Scotland would have to raise taxes 9% upon independence to fund the same benefit levels. Nationalists retort that they would change policies to save money. Nevertheless, like most political parties, they are only specific about the new benefits they plan to introduce after independence.
Still, there is good evidence that most Scots are not concerned about the fiscal issues relating to independence. After all, somewhere between 52 and 68% of Scots express support for either independence or “devo max” in polls. “Devo max” is a term used in the UK for full fiscal autonomy, under which Scots would pay no direct taxes to and receive no direct benefits from the UK government (everything would be negotiated between the Scottish and British governments). The strong support for at least devo max implies that Scots aren’t worried about suffering from a fiscal gap even when fully fiscally autonomous.
The dropoff in support from devo max to independence reflects that Scots are more worried about the foreign, monetary, and trade policy uncertainties attendant upon independence. A major bone of contention has been nationalists’ desire for a currency union. The “No” side insists that there is no guarantee the British government will accept a currency union. Salmond has said Scotland could repudiate its share of British debt if the British government didn’t accept a currency union.
The key sticking point in the currency union debate is that the nationalists desperately want Scotland to retain a say in the Bank of England’s monetary policy. Absent that desire, it would perfectly straightforward for Scotland to retain the pound. They don’t need a central bank: people, including the new independent government, could go on using the pound as usual. Indeed, a better threat than debt repudiation that Salmond could make would be for Scotland to abolish central banking, legal tender laws, deposit insurance, and financial regulation, and suck financial business out of London into Edinburgh. (A libertarian can dream, right?) But Scotland’s political culture is solidly left-wing, and any suggestion of going without a lender-of-last-resort wouldn’t fly with voters.
So as we have seen with previous referendums in Quebec, the “Yes” side will insist that all will go on as normal after independence: same treaties, same trade relations, same monetary policy. Meanwhile, the “No” side will play up the uncertainties. They won’t “talk down” Scotland, which would risk a backlash, but instead they’ll just keep saying “there are no guarantees” and attacking the nationalists’ plans as “unrealistic,” “uncosted,” and “amateur.” Steve Saideman notes that there is a tension between nationalists’ desires to “keep everything the same” and promise improvements after independence: secession is either meaningful or it isn’t!
The way to square the circle is that Scots want more left-wing policies than the British status quo on welfare rights, education, the environment, Europe, labor, and defense, but they also like the risk-pooling advantages of a larger state. They see no advantage in a new Scottish currency or a nonaligned foreign policy. Therefore, nationalists promise Scots what they want on the former set of policies while trying to assuage their doubts about the latter.
The figure below shows how Scottish nationalism has tracked left-right ideological change in the Scottish electorate, for UK general elections only. The blue line represents the vote share for secessionist candidates in Scotland: mostly Scottish National Party (SNP), but also Greens, Socialists, and some independents. The blue line represents the UK vote for center and right parties minus the Scottish vote for center and right parties (mostly Conservatives, but also UKIP, Unionists, and the like). In general the two lines correlate pretty closely; the only major exceptions are the 1979 and 1983 elections, when Scotland moved left relative to the UK as a whole, even as the SNP vote collapsed. Since then, the lines have correlated rather well. There is some reverse causation here, since the SNP is a left-wing party, but the fact that the nationalists have adopted a forthrightly left-wing platform tells us something. The bottom line is that Scotland’s move further to the left of the UK has helped promote the secessionist cause. (The spike in the 1974 elections was due to the discovery of North Sea oil, which the SNP politicized under the campaign slogan, “It’s Scotland’s Oil!”)
Whether Scotland votes “yes” or “no” in the referendum will depend on how the pivotal voters trade off concern over future Conservative governance in Britain against the uncertainties of full independence. One reason why “no” appears headed for victory is that the Conservatives look set to lose the next UK election, and over the last two decades, Labour has looked like the natural party of government in Britain and has in fact moved British policy significantly to the left, at least on fiscal issues. Scottish voters have less to fear from union.
In this three-part series of posts, I will be blogging my new SSRN working paper, “Designing a Constitutional Right of Secession: Applying Normative Principles and Empirical Findings.” The paper defends a right of unilateral secession for any country in which the possibility of secessionist violence is non-negligible, or where central governments are already unwilling to suppress secession militarily.
In this post, I will explain the basic argument in favor of a right of unilateral secession, that is, a justiciable right of a region to secede by plebiscite without a right of veto for other parts of the country or for the central government. I argue for a moral duty on a government to implement a constitutional or legal right to secede, not for a fundamental, abstract, moral right to secede. The difference is important because real-world politics often makes it impossible to satisfy everyone’s moral rights. The case presented in the paper is for legally recognizing a right to secede even when secession would violate some individuals’ rights. Moreover, the argument is about domestic legal guarantees for secession, not international institutions. It may be desirable for a government to recognize a unilateral right of secession even when it is undesirable for international institutions to intervene to enforce such a right.
In the next post, I will address arguments against a legal right of unilateral secession that fail. In the final post, I will explain how a right of unilateral secession should be qualified and structured in a country’s constitution.
To make the argument, I start with a set of normative assumptions and a set of empirical findings. The normative assumptions are intended to be general enough that they can be widely endorsed by people of widely differing moral and political perspectives, who nevertheless share some basic commitments. I then consider how different “secession regimes” — that is, legal approaches regulating secession — can satisfy these principles, bearing empirical findings in mind.
Here are the normative assumptions, ordered lexically so that higher principles take precedence over lower ones:
- Maximize physical integrity rights for all. The range of potentially permissible secession regimes is limited to those that can plausibly satisfy this principle. Physical integrity rights include individual rights against extrajudicial killing and physical assault, torture, and illegal detention.
- Maximize other basic liberties for all. Among those regimes that can satisfy the first principle, only those that also satisfy the second principle are potentially permissible. Political philosophers disagree on what counts as “basic liberties” that any minimally just regime must satisfy. At the very least, these liberties include wide guarantees for freedom of speech, thought, conscience, association, and equality before the law. John Rawls (1999, pp. 197-9) argues that the “fair value of equal political liberty,” a right to security of personal property, and the right to free choice of an occupation or profession count as fundamental liberties. “Free-market fairness” advocate John Tomasi (2012) also includes the right to security of productive property and the right to own a business. And so on. To the extent that there is disagreement about what counts as a basic liberty, there may be disagreement about the range of potentially permissible secession regimes.
- Follow the principle of Pareto optimality. For any two regimes A and B and any two sets of citizens X and Y, if the consequences of the two regimes are such that X prefer one regime to the other, while Y are at least indifferent between the two regimes, then select the regime that X prefer. This principle rules out secession regimes that make some people worse off without making anyone better off, relative to some alternative regime.
- Satisfy all other moral principles. Differing moral foundations yield different moral principles. I avoid making claims about moral foundations, but these foundational views may yield further principles limiting the range of permissible secession regimes. Differing views on the nature and importance of distributive justice and economic growth can justify marginally different views on the appropriate secession regime.
I consider the principle of “no forced association” under this last heading. Libertarians, for example, often claim that governments may rule only with the literal consent of each individual under their rule. (Nozick famously disagrees.) Real-world politics always requires some individuals to be coerced. Prohibiting secession coerces some people into supporting a government to which they do not consent. But allowing secession also allows secessionists to coerce the anti-secessionists in their midst. It may be ideal for governments to rule only on the basis of unanimous consent — a question outside the scope of this paper — but in practice, they do coerce nonconsenters. So we have to figure out legal rules for secession in the world as it exists. I argue that the consent principle yields only a weak presumption in favor of allowing secession whenever a majority in the seceding region votes for it. Presumably allowing secession under such conditions will reduce the number of nonconsenters. But it won’t necessarily minimize the number of non-consenters or the number and severity of rights violations, as we shall see.
The generalizable empirical findings about secessionism are as follows: (more…)
1) Polls continue to point to a significant “yes” victory in a future referendum on independence in Catalonia.
2) If the Catalan government backs down from a referendum, even if the Constitutional Court declares it illegal, as it certainly will, it will pay a heavy price at the polls. Therefore, it is locked into holding a referendum, unless it can negotiate a sufficiently advantageous fiscal settlement with the Spanish state. A negotiated settlement averting a referendum remains the most likely outcome, although p<0.5.
3) Some Catalans think the Socialist Party of Catalonia, which is linked with the main Spanish opposition party (PSOE) and has been trying to straddle the self-determination issue, will implode soon over the issue.
4) Catalonia and Spain may both be more viable as separate states than together. Spain's political economy is dysfunctional. Catalonia’s would not be (the largest Catalan party is centrist with some classical liberal elements). A functional state can carry a larger debt burden than a dysfunctional one. Therefore, the European Union might pressure Spain to accept a post-referendum settlement by which Catalonia is allowed to go free while taking on a disproportionate share of Spain’s debt. (On this point I am indebted to Jaume Lopez Hernandez of the Universitat Pompeu Fabra.) This is the second most likely outcome.
5) Spain’s threat to arrest Catalan leaders and prevent secession by force is not credible. (Although some autonomists and secessionists in Spain insist that the central government would indeed send in the tanks.) Therefore, it is unlikely that the Catalan government will be deterred. A “yes” vote followed by suppression is the least likely outcome, even less likely than a “no” vote.
6) If the Catalan referendum is held, regardless of the result, it would set a powerful precedent for Basque nationalists. The precedent is not that secession is easy or desirable, but that the possible legal framework will be recognized. The Basque Premier backed down from holding a referendum on his “Ibarretxe Plan” for free association after threats of arrest and a negative vote in the Spanish Cortes. The reason why I argued, in this interview, that Ibarretxe should have gone ahead with the referendum is not so much that I endorsed the Plan itself (on which I am agnostic), but that I fear his backing down set an unfavorable precedent for the “right to decide,” which I do favor.
7) Nevertheless, even if Catalonia secedes, the Basque Country Autonomous Community is unlikely to follow, at least right away. Pan-Basque independentists are a powerful force and would insist on bringing along Navarre (and later the French Basque provinces). But Navarre would vote “no” in a referendum held today or at any time in the near future. No other region of Spain is likely to hold a referendum either, and thus there is likely to be no “harmful precedent” for secession or “contagion” from Catalan secession.
The Monkey Cage is carrying an interesting update on the Catalonia situation from Duke political scientist Laia Balcells. Catalonia is heading to elections, called by the premier Artur Mas, from the Convergence and Unity (CiU) party, a moderate Catalan nationalist party on the center-right. The CiU has always favored a “right to self-determination” for Catalonia, but now they favor holding a referendum on independence, unless Spain agrees to a new fiscal pact giving Catalonia broader powers.
She lays out three possible post-election scenarios:
1. A secessionist process scenario: a combination of Catalan nationalist parties (e.g. CiU ERC; CiUERC+SI) obtains a majority of the seats. Mas calls for a referendum. Despite the fact that the referendum is not likely to be recognized by Spain, it gives democratic legitimacy to the self-determination process. The medium-term outcome of this path is highly unpredictable at this point: Rajoy is not Cameron, and the PP government is making threats to deter Mas from the referendum (e.g. declaring it illegal). Some members of the Spanish military have even mentioned armed intervention in Catalonia to defend the “inviolable unity of the Spanish State”. The EU, on its end, delivers ambiguous messages regarding the permanence of Catalonia in the union if there is a breakup.
2. A fiscal pact scenario: CiU obtains a majority of the seats. Mas makes a credible threat of a self-determination referendum to Rajoy, who concedes on an agreement that improves Catalania’s fiscal capacities. CiU then renounces its secessionist demands, and ERC and other minority parties remain as the only ones asking for independence.
3. A stalemate/centralization scenario: Catalan nationalists do not obtain sufficient support in the elections and things remain at a standstill. Mas has a hard time governing given the economic and political gridlock. This scenario would probably imply asking for another bailout to the Spanish state and new attempts at centralization. (Given the results of the polls, this is however the least likely scenario)
Let’s look down the game tree to see what is likely to happen.
I think we can rule out 3 as a likely scenario, if the polls are right. Apparently 57% of poll respondents now say they would vote “yes” in an independence referendum and only 20% no. That’s a dramatic increase in secessionist sentiment even over the last few months. Catalan nationalist parties have frequently won significant majorities in the past, and I see no reason why they would not in the upcoming election with the radical turn in Catalan opinion.
So what happens after the election if nationalists win a majority? I think it likely that (more…)
Posted in foreign policy, libertarianism, National defense, secession, tagged conor friedersdorf, Differences amongst libertarians, drone assassination, foreign policy, libertarians, Robert Farley, secessionism on October 8, 2012 | Leave a Comment »
Robert Farley of the University of Kentucky and Lawyers, Guns, and Money had a “diavlog” with me on bloggingheads.tv. We covered Pileus, the Conor Friedersdorf essay on why he can’t vote for Obama, libertarianism and foreign policy, and secessionism. This was my bloggingheads debut, and we hope to do more of these in the future.
(Embedding doesn’t seem to work, so here’s the link.)
For all the usual association of independence movements with violence and “separatism,” the fact is that secessionist movements in liberal democracies usually pursue their aims peacefully, through the democratic process, and central governments resolve not to use military force to prevent secession authorized by a democratic vote (imagine that!). Such is the case in Scotland, where a referendum on independence is to be held within the next three years.
Given that sending Her Majesty’s Armed Forces north of Hadrian’s Wall is simply not on offer, responsible politicians from all British unionist parties are starting to mull openly significant powers for Scotland. The Prime Minister himself has promised a semi-federal union for Scotland if they rejected independence, and business-funded think-tank Reform Scotland and Labour politician Alistair Darling are also on record as supporting substantial fiscal powers for Scotland. The reason such decentralization might be salutary is not only that it might preserve the union (if one believes that should be a goal), but that it moves the UK closer to the principle that each level of government should pay its own way: true fiscal federalism. Of course, for fiscal federalism to work as it ought, you need more than an autonomous Scotland (and Wales and Northern Ireland). You need English local governance to be comprehensively reformed as well.
My first book, Secessionism: Identity, Interest, and Strategy, has been released by McGill-Queen’s University Press. Secessionism is the first comprehensive, empirical study of the causes and consequences of contemporary secessionist movements worldwide. It also has a normative component, as I interpret from the empirical results a case for “legalizing secession” in order to reduce the incidence of violence.
Anyone who orders the book before August 31, 2012 should do so at the press’ website and use the coupon code “SORENS12″ at checkout for 20% off.