Saturday, June 20, 2015

Outlawing Public Opinion in Spain

Is this the modern democracy where public opinions matter less & less, perhaps, of no value. "Elected" governments might as well be dictatorships, because laws are being made "for the safety of the public," but they are that much against the "safety of the public."

Public is not stupid that they can be lulled into thinking that invading armies are standing at the borders & we need these strict laws against public opinions (e.g. Spain's Citizens' Security Law or Canada's anti-terrorism law). The general public is made busy by the government into surviving for themselves that they don't have time to do anything else but work, work & more work.

Is this really the modern world? Have we really progressed in a millennium when Kings used to rule the citizenry with a heavy hand?
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When Spain first started making noises about an impending "Citizens' Security Law" that would criminalise various forms of popular protest, optimists may have assumed the flirtation with overt fascism couldn't last. At the very least - they might have reasoned - the government would have to retreat to semi-fascist mode.
 
Not so.
 
Approved on March 26, & expected to come into force on July 1, the law might be mistaken for something out of the Franco playbook. Dubbed the "gag law", it prescribes fines of up to 600 euros ($635) for disrespecting police officers, up to 30,000 euros ($32,000) for disseminating images of state security forces that might endanger them or their operations, & up to 600,000 euros ($635,000) for unauthorised street protests.
 
Inverse logic
 
These punitive measures are especially handy, of course, in an era of brutal austerity measures, home evictions, & other government efforts in Spain that have triggered collective action on a mass scale. In 2012, evictions were reportedly occurring at a pace of 500 per day.
 
While conveniently pre-emptively criminalising protests against the legislation itself, the gag law relies on an inverse logic, in which the real threat to citizens' security comes not from the lack of a roof over one's head or a physically abusive police force but rather from opposing the injustice of such realities.
 
In an open letter to the European Parliament, human rights groups warned that targeting those who disseminate images of police "could hinder the documentation & reporting of abuses committed by law enforcement personnel & reinforce the climate of impunity".
 
Expelling justice
 
Tacked onto the bill as a last-minute bonus is a provision validating the summary expulsion of migrants who jump the border fence between Morocco & Spain's African outposts of Ceuta & Melilla.
 
After all, we can't possibly have "citizens' security" with too many black folks in the mix.
 
As noted on the website of the International Federation for Human Rights, the move not only "restrict[s] the right to seek asylum & violate[s] the principle of non-refoulement & the prohibition of collective expulsions" but also "exposes migrants to a serious risk of torture & ill-treatment by denying them the possibility of filing a claim against law enforcement personnel in case of abuse".
 
But the anti-migrant provision is merely the culmination of an already common practise of automatic deportation along the Spanish frontier. In October 2014, the AFP reported on a video of truncheon-happy Spanish police beating a young, barefoot Cameroonian man & then escorting him, in an apparently unconscious state, back to Moroccan territory.
 
Another good reason to discourage filming the police at work - & another reason the 600-euro fine for disrespecting the police seems a tad steep.
 
The old terrorism card
 
Of course, no citizenry would be completely secure without robust protections against "terrorism" - that time-honoured threat that has, particularly in the post-9/11 era, been invoked to justify the trampling of rights worldwide.
 
In addition to the Citizens' Security Law, the Spanish government has also approved reforms to the nation's criminal code that will greatly enhance its punitive capabilities.
 
For example, folks will now be eligible for prosecution as terrorists for such behaviour as regularly visiting websites deemed to be terrorist-friendly. Helpfully, the criminal code's definition of "terrorism" is sufficiently sweeping to prevent any potential offenders from slipping through the cracks.
 
Included on the list of terroristic acts are efforts to disrupt government functions & "the public peace", as well as "the commission of any serious crime against … liberty".
 
A recent article on the Spanish Gizmodo website points out that internet activity alone "can be punished with 1 to 5 years in prison".
 
Makes you wonder about the whole "liberty" clause.
 
The next step
 
Last month, the Guardian quoted Jorge Fernandez Diaz - Spain's interior minister & the curator of the Citizens' Security Law - on the merits of the initiative: "It's a law for the 21st century. It provides better guarantees for people's security & more judicial security for people's rights."
 
In a matter of 3 seconds, an item worthy of interment in Franco's mausoleum was thus recast as the pinnacle of modernity & justice.
 
By this logic, regression is progress, slavery is freedom, & black is white.
 
Meanwhile, according to the Spanish daily El Pais, a December survey indicated that 82% of respondents believed the law needed to be abandoned entirely or at least modified, while 79% considered the prescribed fines excessive. 71% contended that the project did not aim to ensure public security but rather to protect the government from protests.
 
It seems there's only one thing left to do: Outlaw public opinion surveys.


 Belen Fernandez is the author of The Imperial Messenger: Thomas Friedman at Work, published by Verso. She is a contributing editor at Jacobin Magazine.

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