Freedom in the World 2004 - Spain

Political Rights: 1
Civil Liberties: 1
Status: Free
Population: 41,300,000
GNI/Capita: $14,300
Life Expectancy: 79
Religious Groups: Roman Catholic (94 percent), other (6 percent)
Ethnic Groups: Mediterranean and Nordic
Capital: Madrid

Overview

In March 2003, the Supreme Court agreed to the government's request to impose a permanent ban on the Basque separatist Batasuna party, which is widely regarded as the political expression of the armed Basque separatist group, Euskadi Ta Askatasuna (ETA, or Basque Fatherland and Freedom). On the international front, Prime Minister Jose Maria Aznar supported the U.S.-led invasion in Iraq in the face of popular opposition in Spain and the rest of Europe to the war. In September, Judge Baltasar Garzon, who had become famous for his attempts to extradite Augusto Pinochet to Spain, handed down an indictment of Osama bin Laden and 34 other members of al-Qaeda, the Islamic terrorist network.

The unification of present-day Spain dates from 1512. After a period of colonial influence and wealth, the country declined as a European power and was occupied by France in the early nineteenth century. By the end of the century, after a number of wars and revolts, Spain lost its American colonies. The Spanish Civil War, from 1936 to 1939, led to the deaths of more than 350,000 Spaniards and the victory of Franco's Nationalists, who executed, jailed, and exiled the opposition Republicans. During Franco's long rule, many countries cut off diplomatic ties, and his regime was ostracized by the United Nations from 1946 to 1955. ETA was formed in 1959 with the aim of creating an independent Basque homeland. After a transitional period on Franco's death in 1975, Spain emerged as a parliamentary democracy, joining the European Economic Community, the precursor to the European Union (EU), in 1986.

In national elections held in March 2000, Prime Minister Aznar's Popular Party (PP) enjoyed a resounding victory, capturing 183 out of 350 seats in the Congress of Deputies and 127 in the 208-seat Senate. The opposition Socialist Party (PSOE) posted its worst showing in 21 years, winning just 125 seats in the Congress of Deputies and 61 in the Senate. Surpassing all expectations at the polls, Aznar secured the firm victory with support from traditional Socialist voters. The creation of two million jobs during his first term, and other popular economic policies such as a privatization program, apparently helped propel him to victory.

The Spanish government began negotiations with ETA in 1998, which announced its first indefinite cease-fire since its campaign of violence that had begun in the early 1960s. The talks, however, broke down only a year later, and violence returned in 2000 with a car bombing in Madrid. In 2002, Judge Baltasar Garzon suspended Batasuna for three years on the grounds that the party had links with ETA.

In March 2003, the judge banned the Basque party permanently in response to a government request; this is the first party to be banned in Spain since Franco's death. ETA was blamed for the killing of a PSOE activist in Andoain shortly before municipal elections in February. In October, the Basque regional government approved a plan that calls for more independence from Spain.

Prime Minister Aznar gave U.S. president George W. Bush unwavering support for the war in Iraq, despite significant opposition from Spaniards and protests attended by millions of people. Numerous demonstrators were reportedly injured during peace rallies on March 21 and 22, when the Spanish police allegedly fired rubber bullets into the air, charged into a crowd, and beat some demonstrators with truncheons. The actions of the police were strongly criticized by opposition parties as excessive and disproportionate and have sparked 30 formal complaints with the courts.

Despite such widespread criticism, Aznar's PP held its ground in municipal elections in May, dropping only slightly under its main competitor, the PSOE. During the summer, the regional parliament investigated accusations that real estate interests and the PP itself had bribed two PSOE deputies of the Madrid regional legislature.

Political Rights and Civil Liberties

The Spanish can change their government democratically. In 2000, around 69 percent of those registered voted in one of the lowest turnouts since the first democratic elections in 1977. The country is divided into 17 autonomous regions with limited powers, including control over such areas as health care, tourism, local police agencies, and instruction in regional languages. The bicameral federal legislature includes the territorially elected Senate and the Congress of Deputies, elected on the basis of proportional representation and universal suffrage.

People generally have the right to organize in different political parties and other competitive political groups of their choice. However, in March, the Supreme Court upheld a law that permanently bans the Basque separatist Batasuna party for its alleged ties with the armed group ETA.

Spain's ranking in Transparency International's Corruption Perceptions Index dropped from twentieth in 2002 to twenty-third in 2003. An investigation into two PSOE members of the Madrid regional legislature, who had defected to the PP on a key vote and allegedly took bribes from real estate developers that were seeking to block PSOE efforts to limit land speculation, ended with no official conclusion. The scandal led to a collapse of the Madrid regional government and new elections in October that returned the PP to power.

Spain has a free and lively press with more than 100 newspapers that cover a wide range of perspectives and are active in investigating high-level corruption. However, in February a National Court judge ordered the precautionary closure of Euskaldunon Egunkaria, the only newspaper written entirely in the Basque language, for allegedly disseminating "terrorist" ideology. The paper has denied any role in tipping off the terrorist group to police actions. Some people arrested in connection with the Basque paper were held incommunicado under antiterrorist legislation; a draft law in January reformed the Code of Criminal Procedure, allowing a judge or court to extend incommunicado detention beyond the current five-day maximum. Journalists have also been the target of the ETA, which has allegedly sent letter bombs and assassinated some media professionals over the past few years. The government does not restrict Internet access.

Freedom of religion is guaranteed in Spain through constitutional and legal protections. Roman Catholicism, however, is the dominant religion and enjoys privileges that other religions do not, such as financing through the tax system. Religious conflicts have erupted between the local population and immigrants, as in the region of Catalan, where more than 5,000 people protested the building of a mosque in 2002.

The government does not restrict academic freedom. However, ETA and other Basque nationalists, through a campaign of street violence and vandalism in the region, continue to intimidate unsympathetic academics, journalists, and politicians.

People are free to assemble, demonstrate, and speak publicly. With the exception of members of the military, workers are free to organize and join unions of their choice. Workers also have the right to strike, although there are limitations imposed on foreigners. The Basic Act on Rights and Freedoms of Foreigners in Spain, which went into force in 2001, limits the rights of foreign workers to organize and strike. The law, which forces foreigners to "obtain authorization for their stay or residence in Spain" before they can organize, strike, or freely assemble, is intended to distinguish between "legal" and "irregular" foreigners.

The constitution provides for an independent judiciary. However, there are concerns about the functioning of the judicial system, including the impact of media pressure on sensitive issues like immigration and Basque terrorism, to the emergence of "celebrity judges" like Baltasar Garzon, who focus too much on high-profile extradition demands for international criminal suspects, like Pinochet, bin Laden, and a number of former military leaders that were involved in Argentina's "dirty war" from 1976 to 1983. In September, Judge Baltasar Garzon ordered Tayseer Alouni, a Syrian-born reporter for Al-Jazeera who worked as a war correspondent in Kabul, Afghanistan, arrested at his home in Alfacar, Spain, and placed him under police custody in Madrid for supposed links to the Spanish cell of al-Qaeda, the Islamic terrorist network.

The Spanish government has endorsed a judicial reform plan that would enhance the transparency of judicial offices, adopt a charter on the rights of citizens, and increase the number and preparation of judges and magistrates. The judiciary has also been affected by Basque terrorism, as judicial officials and law enforcement officers have been the target of ETA and ETA-related extremist groups. In October 2001, around 79 judges and 9 prosecutors were reportedly on a "hit list" drawn up by ETA.

A new immigration law that passed the lower house and is expected to pass the Senate seeks to stem the flow of illegal immigrants by imposing penalties on employers who hire them. The reform also obliges airline companies to turn in the names of people traveling to Spain who never use their return tickets. Rights groups argue that the law does little to integrate immigrants, encouraging more intolerance and xenophobia.

Women enjoy a number of legal protections against rape, domestic abuse, and sexual harassment in the workplace. Despite the existence of these provisions, women still earn about 28 percent less than men do, and women are under-represented in senior management positions in the labor force. In the current parliament, women hold 28.3 percent of the seats in the lower house. There is no national quota system to boost female representation in parliament. Spain is also a destination and transit point for trafficked persons, particularly women for sexual exploitation.