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Transcription

1 in bol. ad, London WC] ) T fl yj Itt T 0 '1 B A Y D 1?AP ER,P, RNSEAR CH DEPARTN Fax_RCH1973

2 ijett7 T The French. invasion of in in tt Prought to imax rrocess of dec- which had. long been under Un) forme fri the Empire. The es.lnd corruption in t e Spanish upper and. the exile of the Kin ft a power vacuum that was filled - on by the masses. was they who rose up against napoleon app. foughi or four years to drive bank the foreign intruder. Once occupyll troops.. been expelled, the ideas consecrated in the French. Revolution dominated tho reorganisation of the country begun by the Cortes of Cadizland found expression in the Constitution of In the absence of a numerically sirrnificant middlc class, invor - maose :ideas wou)d not have survived in. 9 albeit suporficially - by the new force Spain had U Ley not been adoptod created in. the chaos of the war: the bulk of tne Liberal Party, Constituont Cortes, and for the the struggl lor supremacj over remained of the old order: tho Churc1. the Army. Military officers constituted c eared for the first time in the eater part of the 19th century they led, single most powerful institu ion that The Church had omerged from ars wit own champion in \ \ the Carlis This movedont, centred in the north, took its narne from an unsucco 9F iful &ffort tü A no ose- the tourbon Ling Ferdinand VII and replace him wit his brother Carlos, when Ferdinand refu ed to restore the Inquisi ion. under pressure Crom the u Irch. In fact, Carlism represented the deep-rooted opposition to Liberalism, to the Liberals' centralising policies at the expense of trio local rights traditionally enjoyed by. the Basque and Aragon regions; and to the Liberals' plan to sell off the communal lands (most extensive in northern Spain) as well as the property owned by the Church. In order to dofend their rights, their lands, their Church and their ng' against the Liberals, the Carlists were prepared to fight to tho death, and Spain was submerged in civil war from 1833 to a war that 'completed the ruin that the Napoleonic wars had begun and put all power into the hands of the Army for thirty years. (Gerald Drenan, The Spanish LabrYnth, Cambridge University Pre 1971, p. 208). The Liberals had managed to make inroads into the domain of the Church by disentailing a sizeable proportion of its vast estates, which passed into the hands of a nascent middle class. Furthermore, the gradual growth and modernisation of industry- in Cataluna and the development of 'banking in the 'Basque country had started to broaden the economic platform of liberalism. By the time the court intrigues and favoritisms of Isabel II had at last antagonised the Army, there was widespread national support behind the military revolution which overthrew her in The zenerals then proved incapable of finding a suitable replacement for the throne, and the First Republic was declared in as Franz Borkenau wrote, 'not because any one of the various political groups (with the exception of a small sector of "progressives" wanted it, but because there was no other alternative'. (Franz Dorkenau, The S anish Cockpit, Faber and Faber, 1937)Spanish editio:j9 Ruedo Iberico, Paris 1971, 11).. the Less than two years later, with the Carlists again at war in the North, and anarchist-led peasants in open rebellion 'P the South, the Republic fell because there was no reason to defend it. There was, on the other hand, every reason for the Army, the Church and the upper classes to forget their differences in the face of a very real threat to them all: lower classes. The peasants' movement was violently suppressed and the Monarchy, in the person of Alfonso XII, was returned in From then until the end of the century, political Do:or remained firmly in the command of the Conservatives, who occasionally alternated in Government with the Liberals. 'But in fact, there Ni n no longer any difference whatever between Liberals and Conservatives, except that the Liberals were

3 anti-c1e Ica/ and tives pr laed a. (Srenani, op. sit. erected d (ponceh\. ) end the Consorvatnditioss.' This peaceful lorces m, Oi the Restoroth1 on ' industry, particularly in eammo 7 tho J01itica lived the p)riod cc contration of created the conditions for development which -1: noon igned to event; the Ofialli:3atiOn Of the urbn.!revolution' ha8 left iissc South, owned hy the aristo peasantry. Both the new i LOLlattled from the poverty-stricken rurnel were fertile ground for the sahh mere the Lib ral 9 of the. la. entat s in the rkcci y a starvin and 1 andless fres (which drew chivy migration - and. the latifundia of Andalucia ' list and ftharchist ideas that had begun to filter first Congress of International was was founded ln 1679, fa in The had to be done clandep 2 century Provide a record geroral strike in shortly t First Republic. The Federation of btle I1n:Lrc11.ist (Bhknnist) in 187?..., and the 'Spanish Socialist Party ociadist o union - the U.G.T. s and much of their work ars following le turn of the.sing strength and significance wave of enarchist strikes in Andalucia; glas, one of the founnors of Socialist Party, elected ba the rliament); trade union, the C.N.T. fahndad the C.N.T.,,; kravai ct Lona icalist the U.G.T. and ucia and the Levante. (Bronan, cit. p. 19). By the second decade of the 20th century, 3pain 3 5OlitICai le.adurs desperately needed a now formula which could deal with the alarming radicalisation of the working clans movements, tk Cataluna's demands for self-rule, and the struggle between reformists and conservatives Withlfl - the Government. The solution wnp provided by General Primo de Rivera, who took power as dictator in 1925; abregalpd the Constitution of 1976, and promised to reorganise tha trohbled life of the country. The dictatorship, however, lasted only as long as the wave of prosperity which followed the end of tho First World War, The world economic crisis of 1929 consolidated the left-1s pposition against the regime, while Frimo de 'Rivera himself succeeded in alienating each of the forces - the Army, the Church and the landlords - which had hacked his rule as the only means of underpinning the monarchy, ene fell in 1930, and when the King called municipal elections in April 1931 to test his own popularity, the result was an overwhe3m1ni7 Republican. vote, Alfonso XIII left the country, and Spain was again declared a Republic. 2 provisional government of Republicans and Socialists was formed and settled down to tho task of drawing up a new Constitution. The Republic, however, threatened its enemies without, disarming them while it alienated precisely those sectors on which its existence depended. The anti-clerical provisions of the Constitution (sc;piration of Church and State; a two r r limit on the annual stato grant te the clargy and the closure of all religious schools) loot the support of conservative wing of the Republicans thp Basques, and at the s time burdened the Government with the impossi bask of replacing all the prohibited religious schools with State schools. The Law on Agrarian deform attempted to break up the great southern estates, but did not propose to assict the peasants in the borth and central regions who wore farming land or paying high rents to landlords, At Lhc same Lime, ions in Spain of the world economic slump and the economic tiny plots of the repercusssabotage against

4 sori 'Ern paactis lives a rcian 1_ Trovok the D 11lie tzeuld the 1:11 CYtteOt nmeot th "0'1 cot tia landowner.4 to ich ushered in o. coo Bieni o Nerf v Radical C-c--ontro) CEDA (Saanisi Confedi m co)( to revo ical and would pic0vuft Republic - and ara the Aravonone D cabinet i.roujtt Iii a numbor of a general rt,ri 2.1.0ti ii OiL Barcelona and repressed wita Bight gathered Government - f wore called f r ex r tii in Go of ;bilker Af he tb ; fact th C C O :39 0 t. 01 t tet tuj3j. ijejte) r _ JU 4. I nt was rch -tnor Rights - Consorvative Catholic ar clor - working cenditix 12 breviabin Cortes. I alone -le wnions to aeon yar ain. 'Th wit". an utrining organised by -- a ro ljufflidg of The th SUIF Jrcla drid, strikes P OIA Ivies, al hien wer, naatie the and o - still acidic. Le rains or t elections The election won vi tert chino hoc :oric I the polls as iblican ji b ft, cc ont bu did Union and CommunTs i12t i. SEli La, 1 4- Liu not join the Covorc E that the Republic coi1d no lc..' r be toi.er rfl2ctgcl,n ateu, pw. ittitude the sudden and rapid rowt. Oi1; thc Iirc to forci _1 fdociof party, the in Falange (founded bv,ton io Prime d Rivera, Jon of the dictator, )fnoiva Nacion(tl Sindacalista 1952 and merged with bj JONS - Jun L 3 o - in 1954)# In The fliofltis folio 1 a February elactiono? the Falange, certain groups of army cificers, Carlists and the Monarchists all plotted the overthrow of bb Government; and tic; inevitable Explosion - came on 18 July Lu1fl nor, ereincisce Franco - commanding the Ileroccan Army - rose up ;gaim3t the e _ ic. Tha 'Nationalist' rebellion quickly spread o the mainland, and Uho landowners, the large indusurialists Ewd the Catholic Churah joined c the latter baptised as the 'sacred crucado to save Spain'. The country RI anged into Civil War. Franco? ivppointcd leader of the Falange and chief of tho National', forces hy a. handful of orncrals in October 1956, received military assl t- ance from Nazi Geriat y and Fascist Italy, while the Governments of d behalf of the Republic. Western Fur', e chose not to intervene promised to the Loyalist Republicans 133 the Soviet Union turned ou, to be inadequate and equivocal. The Popular Front itself was woakened by fundamental divisions between the Commdaists and their allies; and by fact that, almost immediately after the outbreak of 'ulna War, th2 t Iie Government confronted the possibility of a soctal revolution -within the Republic; UGT and CNT workers id Catalana spontaneously took over of a million factories and organised themselves into d.ofencc militias, which later dissolved by the After throe years _ 11) ting can leaders. and tio loos lives thc,,,, ended in March 1939 with the doe of the Rebublic. assumed power as Chief of State? 'cad of Governmonte SuP ChomElr of the Armed Forces and Qau.dIIlo (head ) of the Itiianans, 'responsible

5 only befors 1 01 :111d trade unless wors into (.(,.K-11(:(( Pare alai i1p; main. Army Alli asseciatiotowai re! silica nen iral contact with the Division Ival however, ELL 7.1:1111 D)ns 19.d5 t)pa and in th MO Par by which al and naval ases Pore. economic aid. TO. Jannurv uuu Spain does hot to be a strategically Inbar agreement for a lita ry co-o Si:fra n eitemp8 to recover Ea in the closing af thb frontier but sev( el me tangs during 1972 seen been a subject S.J.v a SiflCP 1)629 SflLfl sas the itiuroncan To mrnit acceetine; a preferenti, r unt ineal re (3ee Spain and the Uconomic Ti tnessed a cautious process (if 'Ostpolitik' with tespect established between tibein and isa 9 ei"xeindad =int nt of rtot Lh the overt fascist roreigr the bitted gith ' tican in pith thn United Stat Ti in c Tango for fuil lbership of Isldered by its members the sjacrinan bases and thp wild ffrance in in 190 sular rol followed by resulted eti( fisa force 1, piaci nenissula. coustries 12rance's own tions. wers s imilar amccemente with (Poland, HungaTY, raa eches1evekia. IN September 1972, 1s and tbe Sovi i ' on d a commercial nact Spn. providins; for incrued trado between the count snd the excbanrro, of commercial delec, their fir eaty since diblomatic relations were severed in 11, armany furthe r several months later by openis fall ( Difl76-11 relations with Iadrid.

6 service atb in floe cyndic berp ty', ha%a._ al torgftnic emphacic bn Caudillo, Tho Cort ta arti_cipato Law of tine c naminr were tc e L. and t tr Franco repro ffamili ion at i ba noldn ar Or 73, Ube poeplb Conotitabp't ore to io r eciaid ner Jblemie cb' 2,.1221C F, Law of modobai \-1 Ave'. nboy it) exceeds not team, nn(ibb liched in tbroo-quar adminiatrati 'Fan majority by the Governi, in uno boards of id r, #Th, Th-1 nve (apncint tionn 11.,L72) In 1945, nitcr Franco introducod!."h in an offort to rofl in embod ie the civil libertine.ovbrio-iirl practice, 'moo Lai rift incr that the ilectl of to a national role:: approve the Law althon.p. Frocoo om t United.ionc, _ leeple :Ulnero de loo Espanola'.b E. C Lucre) int) n yecr9 17aene ntal,., appa _ Loa ofl 'tarn d o a th ; ovon the limited violated in brovlor h, in 1947, 4- in 19,-.Ei; mi * Thee constituont hay of Law of National Rafe National ilovement ever other law eb

7 to nb State approve to c Lai separat Gov of no. do acid n I W o F- 1 In July successor how and 14 Government anniversary ri ;Yuan Carlos w co's Ah, ildrnirai Luis Carrero HI el unless another lity felt to be high Thus, as ono oj_2 the nerh iaimo people - nd barticulono T Lk. XI Li this sense thv oxprosblon 'fro if lfrannuismol is u:ndia:ctn (ad ideological mulions or duct-lino style of tovernment no less already describod in ç. j r don rou,- y3 stor if A./W.11MM! 1-,(1 1 n 6:3 bon corfyicnoo _11"1-Li 'al l spocu. ( sse r as ovm Ion about ead of July 1972, declnred th, einht days overnment, of Govern- possib- "The re po Spanish increasingly tied h fiect hef3 moalm onl iced. roccse I.!Mire 9 Vr: tnu Lruict erstocd future definod and Nevertheless, tho ;cola significant modification of economic autarchy ning in tf1e) 19501s) technici( iontis and ocon monts of voloping country. schools began to provide channel of the middle class, growth ed e1itroprone1jrs1 ologioal reduirennd advanced technical for certain so otocs er lo ltrolled by 1-1 military cb -caucrnts and tipe ad-owning aristocracy gradually acquired. new dime -31.0nS, fflri - 22 Scnin's social structure have however it_ 7 s In a el±a t ristic ability to adapt to hid changing conditiono "Spain" writes Fro fo s uor c(alvador Cinor "has a ruling class in the slrict eons o...economic, political and military influence often concur in Uh.,2 o persou. Of course, this *() not entirely now and hnn its proced nts..,pbt tho now political set-up has provided ideal conditions for develocmont of an upper class - oh is stronger than over." (Salvador ainsr, Eilho Structure of Sbanish Society and the Process of Nedorpisationt, Iberian the journal of the Iberinn Social *tonnes Association , Autumn 1972). IFranquismo(.. - and projected contin:ihetinn - shout_ be soon, as the form of which serves a still clusivo network of intorlocking interests. Army genera to bid on the blocutive boards of the 14.rgo companies, t1icnsc1vc controlled in greet bart bv the banks. And the Catholic, semi-socret I- organisation Opus Dei 'has now infiltrated govifrnment, industry, banking, higher education, the press, advertising and, needless to lerarchy of its own church. To give an idria of tho high lovol of economic ecnicr in the to say that about half the capitol of all is held by the same 7-0D11.3. ilit most powerful banks. Final ly the frict c fortunes have been ai1agood considerstio pclit Lcctl ir1f1ucri ce. the privat( CUttYt 1IblY companies suffice it of Spain tho nncils of live ed out that immons littlo wealth but tho forties and

8 fificies distr cc,ect ce hut on the otn. become more e Caolnot aide i oat. rew r iri f 1 n ht7 porhtihia for fcrclatn Ite dinocrutol, LI the texpett ekecrinoenatja Richt modornice L k c economy Markett. The n i n I Ligation liberalisation KIY.L )OI1L1CLi. foundation, J,,. 0 2 fanatically nationalaisetlic ainlet democracies as for its inability,me. Tho fact is tict tn with tarojocting a a gtood. imago enancos in the ountry's let FToiessor Giner cloytan This pubi :nal hosi t 1 nn were 5St,fl dro LI J. ) had becomo rut. A4, nas a, ktk. from,ho ive o Common to a wa without to be concerned only cting any fund ntal Tn the ords of us',,mw 1971 ' dc abund clott I.e. within njuatt, 7 and modornination course "their 1 It 0 onsive aindu r io ship oil the nossibil or European Com un teaeo and - ling 'poi tio,l it]nin the national Novement the,uestion on which (11-V- fl 11 latt itcel UILO creation of itical ationu Wt-A5 nic Law, but S000ifJc legiolitla_on their has er been compieted. _Jost,, Ca UH aih of the renewad Common Markrlcotiations, ro T.J1kpaco as ota,1 Einistors ublic Ativetn- and. Inforatie a. to ci wh 11 e ters of in favour of lati.em. t ir representing the opposition to Industry and Jri.CkLGfliO spoke majority of thepo ULThtiOrIit i COT.0nmed, largely irreleval there is an uhltridkek arties 3 rid t ivstion eh political fro arena. eared to bo d tv.idod. of cer.tcso, ; discussion ie gap between associations and :I tho public is tabu

9 III ECONOMY The development of the Spatish ee nomy dur g tho iwo (lecades foi1owinr the end of the Civil \lar was dete mined by a policy of autarchy and extreme protectionl a do igned to make the country entir ly self-sufficiont - in part, a response to the economic blockade imposed on Francols government after 1945, in part the result of the reonaninntion of the state along fascint linos. Spaniards remember this period as 'the years of hunger': oxcluded from. the benefits of the Marshall Plan only Argentina sent assistance from abroad), Spain was loft virtually alone to recover from the devastation of the war. Statutory restrictions were placed on foreign investment; certain industrien considered of national importance received special privileges, and the state assumed the overriding responsibility for industrial growth through its direct intervention in the economic system - tbe National Institute of Industry (Instituto Nacional de Industria), created in 1941, by 1954controlled 54'0 orthe total capital of Spanish limited companies (Neil Bruce, IA New Approach to Spanish Labour Problems', Iberian Studies, Keele University, Autumn 1972). Poor shortsighted planning, lack of financial resources, obsolete methods of production and low demand all contributed to the fact that, in Professor Giner's words, "almont the whole thing became a costly, sad and often ludicrous adventure." (op. cit.). Growth in real terms was painfully slow, and it was not antil 1953 that per capita income equalled what it had been in Spain's gradual emergence from isolation in the early 1950's was accompanied by her first moves away from autarchy and towards the economic liberalisation which since 1959has been official policy. A stabilisation programme for the currency was initiated in that year; the Office of Economic Co-ordinatior and Planning was set up somewhat earlier; 'the legal levels of foreign participation in industry were raised and tonrism was encouraged. As a result, the 1960's witnessed a period of unprecedented economic growth, averaging 7% per annum. Under thc Economic Development Plans of and , industrial development has been concentrated in the mining region of Asturias, the 'Basque Country, Cataluna and Madrid; and the most ranid expansion has occurred in the automobile, consumer goods, chemicals, steel, shipbuilding and construction sectors. Spain now ranks third in world shipbuilding, topped only by Sweden and Japan, and industrial exports hnve increased seven times over during the past decade. In 1971, industrial goods and raw materials for the first time exceeded ap7ricultural products as exports (Times ). Exports, however, cover only.60% of imports, and the consequent trade deficit (approximately 2,300 million dollars) would spell disaster for the economy if a solid balance of payments surplus had not been maintained since 1970 by tourist earnings, remittances by the over ane million Spanish workers abroad, and foreign capital investment. The number of tourists rose from 7;4 million in 1961 to 27 million in the first nine months pf 1972 (compared to a native population of 34 million), and their spending alone was equivalent to more than half of Spain's trade deficit for that year (Times ). At the same time, Spanish emigrants sent back a total of over 550 million dollars, an increase of 17.3% on the 1970 figure and 144 million dollars more than what it had been in For its part, private foreign investment million dollars in had reached almost 1,000 million dollars by 1971 (Financial Times ). Of this, the largest single share corresponds to the United States, accounting for 31% of the authorised foreign investments (only investment greater than 50% of native capital in any enterprise needs authorisation) during the period in absolute terms, 278 million dollars, most of it going into the chemical, oil, pharmaceutical and food and drink

10 it) sectors (Xesus Ctmbre Mrtrino, t El Ca1.iti1 Ext anj_,ro on Espanat Par el DjajOLO Jashas 1973). Other major sources of foreig Cuadernos Franca 7 Gc.rmany and wi tserle.cco:i:d :Ln t o r. study of the 300 larc nich companies, sublisaed the Ministry. of Industry in 1972, - of them are rci r 4 Ign owned u 7 nd 70 the foreign share is over 5(*. Spain's 'economic miracle', advar of the past decade aro frequently referred to, bronomt ut si Lficant chanf:es in th pattern of over all occupational dllr :!.1m ie proportion of the population employed in agriculture dropped from 11. -X in 1960 to 29.2% in 1970; the corresponding figures for industry 51.4cland 50.1%; and for services _s 27.3 and (Joso Maria. Or(Jaig, Espana hacia una economia industrial quoted in La VanKuardia ). Undeniably, these developments have meant that a erenter number of Spaniards now enjoy a relatively higher standard of 1 ving than they did ten years ago. Aecordin to the latest report publis ed by the National Institute of Statistics (La Vanguardia ),poi capita income passed the 1_2000 dollar mark in 1972; and.f the ambitious predictionsof tho III Development Plan ( ) are fulfilled, far reaching improvements will bo made in the fields of educa tion, social security, housing, urban se ryicos, agriculture, industry, transport and communications among oth.s. As ono observer pointed out, "to accomplish this, Spain will have to continuo to show an economic growth rate at least a: spectacular as she has silown in the past decade. Tho gross national product,will have to keep increasing at an annual rate of about 770. Spanish builders will have to build three million new homes in the next eight years, and now investments will have to be made at a rato of about 9% a. year." Harry. Debolius, Mimes )0, The 'economic:miracle', however, is threatened 3y its high degree of dependence on external factors: tourism, emia7cration and foreign invest ment. While it is unlikely that Spain will cease to attract tourists in the near future, the ability of other v1ortjrn i.'5uropem. countries to absorb Spani unemployment indefinitely is more precarious, as was seen in 1966 when a. recession abroad sent mere workers back to Spain than those who emigrated. The conditions which originally drew foreign capital to Spanish industry easy torms, low wa(.;os, legislation outlawing strikes are still strong incentives for companios anxious to escape rising labour costs and trade union militancy in their own countries; and others will probably follow the Ford Motor Company into Spain, after a Government decision in November 1972 giving general authorisation for foreign car manufacturers to establish plants. (It was announced at the time that 90% ofthe Fords made in Spain would be exported). Nevertheless, investors cannot ignore the fact that Spain is no longer the confl ct free industrial haven it was in the past. Although all strikes for!political' motives are illegal and measures to repress them have, if anything, become more severe, the number of strikes in 1970 was double that,of One Spanish newspaper reported in March 1972 that the record for 1966 was 108 strikes involving 36,900 workers with 159,000 working days lost; in 1970 these statistics had jumped to 1,432 strikes, involving 460,900 workers, with a loss of 1, working days. By far the most serious and immediate threat to the 'miracle' comes from -ternal factors, which Spain's leaders aronoften at groat pains to hide or distort. Presenting the 1973 Budget to the Cortes, Treasury Minister Monreal Buono inadvertantly pointed to the real trouble areas of the economy: 'The expectations for the evolution of the Spanish economy in 1973 are determined by an optimism based on the conviction that a high rate of GNP growth, in real terms around 7%, is possible. This growth will be encouraged by the spontaneous forces of the economic system, that is, by the demand of consumers and business and by the rise in exports. The inherent weaknesses of these t spontmeous forces' can well work to under mine future nrowth.

11 The 0,,2 t y incr no,ed us ( ale au t P 62wain Cuadosn.os ne.ra el workers (flt_t 01. published 17; it repo': t1 children done little country w agrisultu mere hands 01 1.a7) or,i. concemith Illy nn epleyed latifundios in. the nth, 'thes crie r and landless ' let,., IllUT. valent in the the perennially unsoiled pc centuries-0 division. of I n northwest)rn region of fltlic, the pepullati r. in utter into tiny plots het; ken an poverty (in fjffl i On social. er. drid; Euram 1; 966 I t ) ije Aurning tc the,rban would score the hitest of c ' teen Won-torn countries in price increases, with 8%. The, Iti Institute of Fiscal Studies :rnciof an 8.5% rise, in spite of the 49i limit, ;() sr.. III nevolormoc ii 1 Ci r r Economic Co-operation It is worth noting hmit i nd Development 1972 Resort or,i, en tn, ierc:trgs fiam d fifth in list of Seven causes of riiiti ericos among others were p ice supports for agricultural products, the delayed efi cc c measur the n seta, In N1 I t. areap, unsost ficiencies in the distribution sc!ctor and Mich a- omnanied the 190 devaluation of April 1972, La Vt, Tjaardia Es csal2 a majar Bercelo a daily newspaper (subjected, as is all the irt, to Government consorship), printed a letter from the Presidents cit. f:ifl.").pd most tional Family Associations protesting against the rise in the prices of nasic necessities such as milk, fish and vegetables in some elti;e2 prices increased by as much as 4* between 1970 and The latter went on to point out that wages had remained stable over this period or had not increased enough to catch up with prices, while unemployment rose by 53Y in At the same time, it was noted, those who are employed must work 10 to 14 hours a day by doing overtime or holding down several jobs Thst te be ablo to support their families. The fact that such t letter Wa: nublisbod at all ib significant, and in an editorial com,fl't some afterwards. La Vanguardia not only called attention to the serious discrepancy between official euphoria about the state of the economy and its reality, but also stressed t the letter had actually been addressed to the Bi hap of Oviedo, President of the Catholic Church Commission on Social Acti general distrust, at least among ILowor wage-earl ability or vrii1inr:nos to solve I1C se problems. m still only 156 lcisi senttn i dee neionl, 111 1s c of the n the increase in industrial all, te the constant rise ifl rho f, " istrv of Labour in Government; a co; Leten future strike, was Novembel 1971, with ins efaced by csnindex of SO i 1)69 and the prediction icial poisses report a general the sp ral would )8 foflfl ",) 12., over 1970 levels. increase of 9.7c in - 71 fod The forecasts fo ' moso C. pt IJstic. A study published by Fortune Magaz -Lo..._ dd.41, ' that ti ond of the yec Spain indicative of the. of the Gov rnment's If 'distrust' sensidernbly understates the ocd of certain sectors of the working class, 'apprehension' would batter describe the attitude of the small and medium-sized ingustrialiato who comprise the overwhelming

12 oomra wer XJ in 1971 arc 16.3 production. Industri a, but 1971 Ad in some brou h i.;h1y concontritc'( Le most vulnora Aid the second half the Common M - over come in. But even in e rest of Sprin among the first 500 largo-se timcerthe largest Et ronean firm. General M_ ors Spanish industries eut reveals that great sectors which have sia te-omed minas industr scale. It also sbot in technological research made in areac either domino. on foreign tido: chem automo eveloped world. rodoan CeincrThM.1=1 1 4 of coon Ise 5S-uS]l aic siumus no have ed companies -st 7r) of fly prom and ry, f to 0 concerns lam ef to Nacional sales in tomobilos Sfl.WS rod cut urn operators accounted for 50(- Industrial ijrcduc characterto foar from indust y counterr ar e a plape lean firm ia 65 est 300.nisn of fic pad. actuation, tht chile th mainly ofi s bare ever return invested a significautl-v that inv cj foreign.c petrel() 1 or lectric good sviiy dep and 300 de n t Tne general pictu c cmc of fun uctural imbalances and tleficiencies which mnibtann Spsin in A vis her chief marliets and competitors. In ocratic management of the economy has n n as oni as was hoped. economist Jose Jane Selo comme "Since contains rigidities which produce inflation, (the (.ove ment), to cure the ills with monetary measures and countermeasuzios in p0 -ijoy of stop-go... The. provocation time and time floain of; fluctuating movement of expansion-recession ever number tif year demonstrates a clear lack of imagination in.e handiin economic p01ley.1 (La Vans:uardia ). Bank directors, chambers -srce - 1/ Presidents, official economic experts join administretie spokesmen in pointin confidently to tho that Spain led.japan, the United States, France, Germany, Italy and Britain in growth of industrial roduction and exports in 1972 (a relative set-back in 1971): and alit seem to continue, ISbain has no alternative the consequences of antrance into the EEC - possible (see Section. IV) - and exposure ex unprotected. mpotitien, that alternative is not only an improvement in imagiaation, the premises of economic policy. convinced that, for development er than Eurouel. Ih view of evon if it were politically 1 _ economy to.ct viable ujiless there but also a rliul cal chati.e in

13 TIT Cuadernos hara el Li and France supho apiatica maintaining tii t association would favourably alfect Shein's political evolution; I. f2 the Aneriands Belgium and Luxembourg ()Imes+ hind e associmetinn 9 on tiie r1tuids that for a European country, ass eimtion carries eventual integration, nd the I.ol. itical Trile with it the 'bromine of of Spain are funda- mentally different to these Community. a Pres, count ol its, for an associat, Integra-, ion...d for in concertcd Eiiropca irst Lime ise 'aanic sense, niort to live ea:zones wrote cohenion iment to asn ono di:is Lunt hes coun try not n 21s1o11 to 2fl Econo; la admision It was not until evor, e Spain han a second. 1ottcil bci Council of Minh;tcr now only aching for an.xair mat ion of the relationship wnicb established betb pain end the Comm that the Council r utliori sc.d Late Commission to iliiitiate okploratory convereatiens bout -Abilities of a commercial agr; ;alert. hdrjnig the several followed, dpain oressuhe for a hreferantial trade eement, eked up by two ain points; that the now Press baw of 1966pui sad the tie to the unfounded impression some out ide observers still hole 0f the country; and Lint the liberalisation of thg Spanish economy han been carried out with 3n eye to iitegration, the lack of progress towards which wouti result in a reversal of that policy. co, Plonso, C. Parcia, El acuerdo Espuna-Mehcano adrid; 1970, quoted by I lesihs, Ibid.) kernel noactiatiens began in 1967 and were canoluded 1570 with the li7jal:: a ' trade agreemen which provided for 1.-,he radual reduction of tariffs an many Spanish exhorts to the EEC ovcr two str hi, the first stage the passage from the first to the second to be made to last six years and lb mutual accord of tho parties inso ah 1S the cosditons ar fulfilled'. The agreement itself, then ( terms of the second. steae to it can be rescinded IDV either of Given the variety may establish vis Coiir ohlios to the first stage, the dchterm ed by further negiet1ations5 and rties on six months notice. of relationships which the Enropean Economic Communtty a-vis the rest of the world tmhiff agreements; trade agteements (Spain and Israel), agreements of cooperation with any international-organisation; treaties of association with non-european countries, not leaning to integration (Tunisia and Morocco); treaties of association with European countries, with future integration implicit in them (Greece, Turkey and Malta) - the Spanish Government has clearly not achieved the arrangement for which she originally applied. Nor does the 1970 trade agreement fully redress the disadvantageous position in which the Treaties of Rome placed the Spanish. economy. On the contrary, it has been shown that Spain, 111 terms of toriff concessions, is (j_71-i_pg approximstely 75(Y) more to the Community than it is receiving in return. 70% of total Spanish exports of citrus fruits, for example, go to the Common Market; oranges are covered by a 40% tariff reduction, but only as long as the difference the prices of reference does not surpass a certain level. Moreover, G.A.T.T. regulations Prevent the EEC frbm granting Spanish fruits preferrorn third countrlen; and the Tunisian and ential t eatment over those Moroccan trostip of association, together o Israel preferential trade agreement, mean that Spain is still to confront a consider- T - able amount of competition within Community. (Ramon Tamamis, Monde with Layi]

14 25. iflineot bo 'nning about iolt» gae - ci Lruo uito whin in..bri Ii..L gh acne s ry protocol, a the end of Janut 1175 ol negotiatio within the of frau._ r 1-1-'1 Mediterranean countries. gning of thi protocol, diplomacy in Brusels Government in Madrid. r o T Li 1:1 rin :fl uç j rospabo n INinet discusni 014. n(uellas.ff. col bided mt Communi r_lid the :t.:1 7,1 - omen come (.ect 1971, ion otts policy for tthe the f(u_a-faro uit of long mont accompanied thc of intensive ell soft of home ed by The wealth of official pro-1-(w; outs,,inalcin renewed discussions, reveal th.tt those hones Spain's eventual integration into the Common field throughout the mly attached to both as economic necessity and. as the necural connoquenco of beiag a. Eurouoan netion. Thus, in response suost ( put in Carl early in 1972, one minister stated that acivo, 1 ot to Europe was or' G ted towards the perfectim nt eforeht al. cement 'with a view to i, transformat on into one a di it And, which would imply the thtegration of Spain into the Furop. ncanomic Community...after the necessary period. of transition for 1 adantsti 1 nf our structures...we - 4 should also empha.sitsle that the already eink with the Community is what will help tha Government to pi, out urgency but also without undue delay, the trans. rmation present agreomient into ono which specifically leads to the 1 participstion of Spain. in tho Xlropoan process of inbegralmb t. uardia ). never radio- The structures which will have to be nted in order lin particexclusively cconnmic ones, ipate fully are, it is made very clear, Government spokesmanedrirm Lnat nodification nf G.Hain's!unique pol ical system is not a prerequisite for association or integration. Gr. Fernandez Miranda, Minister for the National Inavement, took this line of a nhoech to the argument to its inevitable extreme by proclaiming in Cortes about relations Eirope that 'Spain deo accept the imposition of political conditionc, which ally undemocratic'. (vonguardia ) ot and will is, beside No. amount official optimism. however, can ciaani realities of the situation. In the first 'place, in han not bens. c:iven a treaty of association - which for European countries, is the only channel open to full membership in. ihe Community and would have linen tha form of relatonly obstacle ionship applicable ti her if economic conditions were the to integration - but as from 1974 will 4- deal with the EEC from U essentially non-european position, i.o. rithin a global,oditerranean agreement. As one journalist commented, "weiro putting more time and distance between us and the EEC. Lesovinc a global Mediterranean treatment to return to an individual European treatment is an oneration iihich will meet with resistance when it has to be done ono day out of the d-dre necessity for survival." Secondly, to the extent thct me b snin in the European Community is solicited by outside countries, and not vice-versa, the applicants expected to conform to the standards and structures common to that Community. Spain by virtue of the n 'a a of its present pdlitical

15 nine taytth UCfl1stit Power, of cover tho offe while in the Head. they do no t co renain" seberdina ame Is ylven to iction through par(' parliamentarycloroor, Spaniards mdy I i 0 ii t a:: net 'cont n...ry to the too and other ndan ntal Lau s : political social unity of S-ami-11. Asociacionos I f 1964). "izioter succinctly; 'Pe 1 itic speciations In Spain wo nave a Igoe political omt.t in e Western world or in :lie: e,,i, world, a similar politt ' Western style democratic emu Spain there are no parties.' As Icjosi s points out i t is haying a cpcoific number?ariii.mont or its equiya aspirations of the cple, ilitical ) i cal t (ii1 iv ( rove laws' IT ltical prtc-,c xt from ao Sem I ity. ly, A, )1tjectiv a ip s u, :Li cn a1) Movne.nt others which imply a danger to the Iloilo 1, paragraph 3 of the Lev do ahla -clod ur the diffezencea )1? r(7';:l.1:7;cu ace in our constitutionm.. dmos not exist, either the the third cal representation in the LiL7 )11 paitiool pattiec; ifl an IjiJjF. Iglesias, 0 _ cit.). gr of Contion but roflo of t ocr countries tlat 'the the varied polit al free o i' ct ien of their representetiyesl. (t ose who insist th in. the c.tiiovo and othar po, t,,a, u110 Tre ties One Of Rome do no(: m e tth olit o J trzt a candidate ocontry Pr the case of Greece, the conditions for admission do well rhoso treaty of amsociatien h frozen sieuncoup. As for t Spain, the words of frofeosor F. DL ho L3oin the 3e1fian Senate ia 1964 t leave no doubt in this respoot... ti: very ( of the Treaties of Rona Prohibits e totalitarl tate, wiiichever it is, from participating as a member le the functioning pi thb.sonmunitik which iavolvos a whole series of machinery and ' M.oiLlutjamo 1 Tc1cirjç, by definition, in a totali tarian state. T am Lninicing concretely of trade union freedom. This freedom is inscribed in the Treaties of Hone, and particularly the ono which establishes the EEC...A ono party regime is incompatible with the democratic concepts that form the very basis of the Sureaean Communities. In all sincerity, gentlemen, it is unthinkable not only for ideological reasons, but also bonause (the admission of Spain) would malre the present treaties inoperable.' (quoted by J. L. Iosias, o-. cit.). Spanish Europhiles may ho encouragd by statements in their f.tvour, such as President Pompidou's affirmation at a press conference in late 1972 that France supported Spain's entranco as soon as possible and rumotrrs that the British Government would back 'i rid from within the Community in return for a settlement on Gibralter. It isi interesting toanote, how ever, that Pompidou's enthusiasm was generally looked upon as 'had politics' in Spanish official circles, calculated to elicit the reaction it did from the Daaflh Prime Minister, who nromised that his country would use its veto in the Council of Ministers against an attempt to hring Spain into the Community. another, no less formidable In doine: so, Mr Krag highlighted yet obstacle to the integration. of any new member, and judging from the consistent abujtidc of his colleagues in Ge n erd Franco can look the Benelux countries and Italy, the regime of forward to ho more t.htn a revised trade agreement with Euxope in the future.

16 the Civil 111, Du 1 authoritv., to anti-clerical wl..i crusade the Catholic fai.th uy mcred. crde wero _ -Icisioe. et. and dad in the in. defence of its e tte pima, a, :CI t 0 _ntograted into victimised in areas uhdor ior the BasTue Country, whore the C Lt always bgen mac c Dort :-1 MIT) rest of Spain, ), the life of the community. ) niblic was won idy Jtonomy, did bhe itsre c a hitj e U. oppose dencral iir a -wets the Church were kb the end of the Civil v IELr th trajitionol hrivi 9 restored. 'To racted negotiations LhI.Ch between DtbOVi0 the es Vatican -at theclurch and e reime shallcul- minated Concordat of IT' r. lileus education shall be control all instruction in sch. ol.s propctiy 21tl 1 be rpo from ta:eation and immune compulsory, that Church prie h3 nmay nmt ho triad in State ccurto from access 07 ble police, tlat ;naps and that such trials bormisoi without the shall ie held in caora..r, On th e CoicDid tt ii sf101.9 " appointed by Ltod for secular thc Chu qinatif n f..ice hay been. iuhrii, approval., nod. by cer aln The close links 15cbwcefl syreb nnd m 11 I96M nud are now under clergy since Jectors amonm tha influenced by. the a, ne. s e r al: ihm o f :) n mjha r 1 Li - severe strceia vatien's subsequent enlightened encyclicale of Pope dchn u l XXIII justicu, and n to be) a strona commitmen to the promotion,, c j e. \ me,, Ted first and Overt dissent force within thn Church 50 Pasnuo Priests signed most noticeably in the asque untry in -.60, 5 a letter to their bish )s rotcflti'.. ainet the denial of civil liberties, tra un ) ea olitical imprisonment and tho the suppreeslon of rcy were 01scipiined by their torture of prisoners after _ st. nuthbor of 13LOQUO priests have continnod to sympathize superiors, but a large with the strugcle for political freedom and Basque autonomy. Soma hove become involved with the Casquo nttionalist r)r7ani3ati0n :TA, and those arrested as a result have faced long terms of impriaonment (the most outstending example of the latter was the i)urgos Court ui1itclflts, ilartial in 11 December 1970, whore two sricsts xuere ). triad ale)l(. with ETA terrorismt accused of 'banditry Elsewhere in D, r unolie werkers' orr.anisat ons such as 11.01, ( c. 9andad Obrera.e LcciJh Cat'l:co - igachers1 idrotherheod of Cntholic 1)ctiol and JOC Juventud Obrera Catclica - Young Christian orkers), originaely established under the wing of the Church to servo as channels for m the distribution of charity, lal,,i DE;E:my-A. La focus oir ctivities uch more pnrticul.arj.y in the northern on the defence of workerst demands and - regions - joined with members of the Communist Party at the beginning' of the 19601s jr the Worker5T Commissions scas below). Today, Catholic werke s collaborate with the different slanders lan) trade union organisations in mobilising strihos and demonstrations for in h vina nauiy itcliic parts of local Spain. Crnunists 1-10AL ioa to).,1 ) in Santander were rre in la)68 and agai 1972 wore Lndicted by tls duplicate 'illegal propagan Public Order Court on simil trues. The criticisms of. le rngime rst vole: d by the episcopacy. lowor c crgy An increasing have now gained the support of leadinf ::einbe c 01. the number of bishops U ave demandod the 1ep ala ion of Church and State; and trig first national assembly of bishops and priests held in Su tof her 1971 passed a t1ririifest0 -jtion of fun. ontal human r al calling for the reco.i in Spain s xeli as a resolution asleirftc pardon for thp Church's role durilv the Civil 1r. The new,\rchhihnos of Mad.rid, Cardinal Enrique

17 Tararcol pollaticp draw th, over lineal mra million effj For Its ;as-unts nand '? 1 I f _L.. t Li 1/4 revi inn of.islao 9 nl napiaill. r;t:t I irjt Jo L rit )3- ) ) vote o xhhal appnint bas Fngthened the pro ressive nents the appoint ic-tbomctt io cases where a tht Covn nt's epprov v in a, major rehopt slaffle of at thc Go vernisent accerit opposition tiio candlddtc.s selected in thane the hierarchy are ttima id bv cotnarr-- In apitc üi the influence Episcopal Conference produced and considerable dispute, by. of the Church regardinj reintions iti right to financial swtip C. rt. fr L-rv r the mutual independence of Church and ato, an aver appointments - in excha the Church.' special legal status (the - amendment to exclude the nresence of offices (three bishops are in the Cortes2 and one wider application of the law on conscience moy be ruar2xttocd fr( { ck) n of move. "- 1-i)72 - long deliberat on ned the nositien Milne defending pops called for to the Mtatc control of its of certain mental laws bodies n- government, gmna of State to Realm); and the 'so that the rights of n.' Far-reaching as place themselves in. these demands are, the open confrontation witl (lover and more controversial political issues, discussed itt h}it Conference, were elimin ted in tlua final version of the eciaration. ainother document, published by the Episcopal Commission pn Justice and Peace early in 1975, It wevor, lahnehod what some observers termed the stroix;est atach made ag;oinst General Franco since he came to power. firming that Juine mence -war 'impossible in Spain with the political structure of ri co regime', it advocated freedom of association, of assembly- of expression Ae conscientious objection and the right ts strike. recognition Rf the right to het surprisingly, the Justice and Peace document was virtnaily ignored by the Spanish Press, and the monthly journal Cuadernos Para el Dialog, which had brinted tho full text in its January issu was confiscated before it reached circulation. Such developments within cna of the principal bastions of the established order inspain are, by measure, sighificant, but thoir long-term implications are difficult to assess. It is worth noting, for example, that the Conference document was welcomed, with obvious relief, by several of the major Madrid newspapers as providing a mutually satisfactory way out of a now obsolete and tension-fraught alliance. On the whole, there is nothing 'revolutionary' in the Bishops' proposals, which aro frequently backed up by references to Vatican Council IT ('Church and State aro independent and autonomous - each with its own territory') and recent Lapal encyclicals. he continuation of the Government subsidy is justified on the grounds of the many servioe provided by the u-ch in the fields of education, culture, mublic morality end social ponce - scrvicc-s that benefit all citizens whatever their religion and thus are not determined by whether or not Catholicism is the official creed of the State (the Bishops point out that the suapression of t)iie. subsidy durini.7 the Republic wail based on the mistaken concept that the Catholic Church in non-confessional otatls does not provide a )UUlLC service to s ciety n gienor. In defininp, the economic arrangement as collaboration ether than the State protection of the Church - the dishops effectively countered the thinly veiled attack made at the time of the November Conference by Vice-President

18 Car.roro Metric, Pranoc tad. done Fricnd War. Episcopal decir <D at the ican fore was r "11:1 on 9 pnci wp dynamite under Fcnoot:: throne', tcordial and posi(iaret and a the Church and tno 1 oneral the Civil gmo in he -Ionask lefui hci tho auotthl cuostionb inter MI7A. What can he concluded.om :i(rit situ Catholic and the political h I :rnrcj:t ii are print for new ret I, This does not mean dividual a 1 cr:cyren vi 1 I not with the qovernment immunity from arrest witm ut Commission of Justice and Pna illegal propaganda for havin.g 24 priests from tho icrovince headquartc, after a sermon e co, g, m int- structures of the repiin and ca was read in seven local.prcci_< y 1 73 adapt d Ainctice OL creasingly the fhero uill r000v ertheir bisi ted in late a rerort 7mrn, nr-itiolocoo for bonds linking Church and d (r, pronouncements on temporal n at tnrs from thre a.tei iri, of Francots ime. th -1Aistnif today tho.1c hlue. of direct confli priests' (The Barcelona 1972 on charges of -tenro of prisoners; to 71ify in police )ocial and. nclitioai nolitical nriconera ggace,r.rthe political a clerical tahility

19 VT TVT7 AllAwstos, with 1 all one of the Labour Char entral ohs,n(n according to branchos direct on of the unions shall of the Opanish Faiango of 4 - a(-}(0- ulolvs nosh Union Unity of 1940 al,ifier mrsne union Spanish Falanc and JON'S organisation which the re alil 2e;2 ten -), is tub stablished t Its iii be the :Hiss :it 1', /ill factors T)J economic teal trado conomic and social asutrations and requiroments of eioments of the nation which are engaged in pr duct JO i and in turn to transmit to conomic rules; the State snall not permit thn existence of organisation with similar o1171s.1 According to this act, all previously formed to represent workers - into the Trade Union Organisation of the Movement wern to and the corning the Trade Union. Oran I. I on cf 6 Dooeribor OU str uctural bane lines of Imlay cankin 7 its the scope of its un.ct iorui and its rel,(4a suup - ate The ariendierits to the 1936 Lobo_ sigit in t of 1967 made certain chaes in ter: nliminatin that /the t members Trade 011 be the colr to transmit to it references to 'vertical unions', for trade union. officials must be as xample and. requirement that all alahge - but the basic structures and principles were cennerved and the close relationship between the Government and the tiro uih the Minister for thn Trai responsible tn the Nybioilal Movement trade union activities and decisions conditions. -Ica chi. dical Cor and taken Before the Civil Spanish. worhin: class \-1 of Cataluna, Asturias and Madrid was hi other ciations be incorporated Act con-!the n SIjidicntos) whn c ultimate authority at ectjng w es and VnTiOUS bodies, and the Movement. ic Law diroot is majntaincd is on all ()I:king the industrialised areas ry organised, dividing itn allegiance between the Socialist U.G.T. Union General cle Traba:adores) and the Anarchist C.O.T.(Confederation 'tacit ial de Trabajo Both were disbanded by decree in September 1956 in the Nationalist zones, are an act of 9 February 1939, which continues in force, prohibited the reconstruction of the C.N.T., the U.G.T. and. the Basque S.T.V. (Solidaridad de Trabaladoren Vascos Their members were neverely persecuted by the Nationalist forces; the C.N.T. an organisation wan almost completely destroyed, an( many of the U.G.T. leaders fled to exile in Uraneo. For the next twenty years it appeared - at least from abroad - that tho tremendous militancy of the pre- War trade unions had been totally crushed. In fact, the only evidence of the slow and precarious prceens of rebuild 1, cadres underground were the trials, throughout the 19401s and 19501s, of C.N.T, and UrG.T. members who had managed to escape imprisonment after the war or had returned to Spain clandestinely. A. largo-am:1e strike brore out in the Bansue Country on I May 1947, the first since Franco cane to power, but it was not until the end of the 150's that working class opposition to the regiuie began to make its weight felt. Existing labour legislation, however, 1)1t)VidOCl no channels ch such opposition could be!safely! directed. ' decree massed on 16 August, 1947 ollowed for the setting up of work councils or :uncles de ompresa, committees within each industrial enterprise (employing more than fifty people (now obligatory in all concerns of 100 workors oa more) and composed of representatives from malbement, technicians and-workers. Described as the 'legal instruments GJ participation' factoriss, the mu:often - according to Article 2 of the Decree - tin no c nay.act In any way

20 whi 111 responsible to AS - _2 _ previsi represent :Curtner L end e our, ebd industry.' (IL 'each Studies, aael Tbor ITecle, Vol. 1. Ji. acts as chairman of tae jun to e itii. and rules Sbain became a member of )r Lkle (1 :2 ime'a eir complete ie. la Stanieh kahoer Into 1956 after having loft 1 1, to minimm u I.L.G. ebda partly trade union uachimnryceup iflor te resolve the ve colk cts wn mont - collect Lye h'raining colt by the 1958 I_Jy do Convonios. erticio 222 all strike action as seditious) was modif. olena. Labour labour conflicts under certain circunatences, governing trace union elections lifted some candidates for lower level pests. r ult of the was 0,hc ain of the need to conic e r eealieatien that I lly inadequate tween werhre and manag ments wore made legal al Code (whicli defined in 1965 te eermit 1966 regulations strictions placed on Li The changes ade were, Of course extromel imil Today all Jffectivo officiels, collective powers are 3till exersisod by Stete-abeein agreements must be negotiated within the *indicates between the representatives of management and workers, under tho strict oye of the Government. The State reserves the right to control the Jreentegee of wage increases; and in tho event of a break-down in ne[; c t itt ion 'collective conflict', the dispute is submitted te the ii1 U.YLry of Labour for compulsory arbitration. ell negotiated contregte uu3t be sent to the -Ministry of Labour for official approval, which can be refused even after agreement has been reached between the negotiating marties. -independent action by the workers in gupport of their d c oands is considered 'political outside the law. The scope of the. collective barralri machinery was, and continues to be, determined by the Crovcmnnent's objectives in introducing the innovation; 'mit represented a geans of modernisation designed to lend greater flexibility and realism to the process of fixing wa conditions of work while at the sameatimo promoting a erecess in which. employers, stimulated by the workers' claims, woula bo Obliged to ration.- alise their production mothede and improve output. and The guiding principle was thus one of greater productivity, with the aim that.nny increase in labour costs should. be absorbed through improvements in the structure of enterprises and in operating precodures. Collective bargaining was also intended to offer a proper framework for the settlement of labour disputes, thereby averting any extremes which might otherwise arise from a system ignoring the elements of conflict inherent in. the sphere of employment.' ( The Labour and Trade Unon Situation in Spain, Intorn-tional -Labour Office, Geneva, 1969 These modifications in labour logisietion did not. however, succeed in braking. the momentum which was gathering within the Spanish working class. The volume of industrial conflicts rose steadily durin the 19601s, and with it, the development on a notional scale of two major clandestine workers' organisations within the factories. The comisiones_pbreras (workerel commisions) eere formed in the early 160's jointly by members of the Communist Party and werkors involved in the Catholic organisations fostered by the Church (sec above); after 1965, the Comisioncs - or at least their leadership - came under the control of the Communist 9arty of Spain. The U.G.T., on the other hand, has promoted tho gr owth of comites do fabrica factory committees), which represent a. form of democratic workers' organisation completely outsido und in oppositi c to the Silalicatos. Here the programmes rj strategies of the two groups diffor; th-e Comisiones hav a- Th to participate in the trade union elections permitted by the

21 Cover mcnt, Lb <inhim r )1 the 1.\ rci rites, while LlL dcm has,l _.,._ to the officid trade, ur vlnn isciito )a 2 r 1, r till'., to change the Sihdicatch f1 a wit'a h ottd t a. bound to be r moved by ;r rntin e. fn off2m (enlaces) ele t., (, A who refuse to by mana,gement aro ot1on1 Cd oi 2nded. em:iloyers 1r) some aropie 2 o 1iindichtes... are not i 4,,i ),_ rtior _art of abstentions in ta (j 2 fliodic)tee._ elaction ) with the workers, by itit) the oelici m al achiao 3 3 I I. I g9 w1thin the, 2 Cott with res ti it io imoes iblo 3-,2) te op -o arc dflingates drms proposed tt the some time, fact t cf the 1 ndg_ -cgree.otiat directly Although the Comisienes Otreras and the U.G.T. largodt of t c clandestine workers' organisations, number O. smaller c:roupe function locally or among certain sectors of the - Cl.a.02. Exalties ro tho Basque S.T.V., the C.'iq.T., (now much rode. o, ',he varidnos etholic workers' organisations and the Trotsk ists.success: ()loam DP ave been made to 'unite some or all of these in certain rogiho!s, and I/cm:Fri:Tors from every grouoing co-operate in the organisatien of strikos tnd demonstrations. During the last five yel in support of nigher wwws, the freedom of asnociatien. most indln3trig, have been aftccted by strikes bettor working.).onditicas and - above all - Tho Lumber tiyt i1cji:r':: ' et through industrial oonflicts, which in 1970 totalled nfne million, flcr 11, doubled. to neach 22,945,000 in 1971, according to the 1LiStrJ,...- t tr. Yrem Hepiembar 1971 to Septembor 1972 ajcep, major strik cesparad at. tion sitos, the Barcelona 3,thT f ctory, t, Auterfin mines, r the "drid BAZAU construc- national shiuyards in 11,1 Ferrol (Galicia) ahd Ilispania-Citroen plant in Vigo. Caen reprocenfed a,rassive ru : C C t io I tha 2indicatoc and the official negotiating channuis on tbe part of 1 corkers; each suarked off a wave of solidarity stoppages, demonstration. toting's, propaganda and money collections throughout the country. (In Vi 16,500 who stopped work, only Eor examplo, out of the were ectupplg iy involved in the CIT13.07N dispute). Considering the framework wi tjn. fhici ucn actir!a tafen place, this is a remarkable recerd. There is another record, however) dismissals, arrests, hoavy fines, prison sontences and evendeaths. Ono striking construction worker was killed by bhp agned police in liadrid, ono in Barcelona, two in Ell Ferrol; and the Government has at its dishosal a fonmithn able legal armoury to deal with all trade union activity which is not controlled by the Sindicatos. 'Political' strikes are ninishable under Articles 222 and 223 of the Penal Code, the Law of Public Order and the Code of Military_justice. Members of 'illicit acdociations' are subject to up to 20 years impri3onment, and participants in unauthorised meetings or demonstrations may be sanctionod undor Article 166 of the Penal Code and Section 2 of the Public Order Law. The 'Labour Courts (Magistraturas de Tr.aba'oYt_the judges of which are named by fano Minister of Labour, and the Law of Labour Procedure (Loy de Procedimiento haboral)permit thn dismissal of workers with or wilhout compensation - a measure used by employers against these known to have heen involved in meetings and strikes. Even when the Court rules that workers have been unjustly dismissed, a provision in the,labour Law (Article 208) allows thoir employors to decide whether or not to re-admit them (it was the refusal of the SEAT firm to accept the court order to re-admit 14 workers fired in the Summer ofit(i. tint touch:a(1ff the stazike at the factory in September). orkers arrested for political reasons and held in preventative imprisonment are often dismissed from their jobs without compensation because of 'absence' although they are eventually acquitted: others are.detained by the police as thoy leave hcariints in labour courts. Political prisoners who have ved their sentences frequently face the impossibility of finding employment a 121.

22 Li. Internatiena Free Trade of Trarie tint the nal sn T.loi.sm by c rat, 0.1rem under a investi. eta should be inder officials pude authority 11 trade union movement may determined by its me guarantee freeakm s S le me asoro unions trade Icors s oi id 'nave that any rolations the I Cgi2 ould frecl inn nouid Tho revised Trade anion in part to answor those workers to meet tsgethe when previously this co 1J The Law's fl EIC I;in :IL S 1nitman freedom of (nobly is. Such men all persons oh' to ttend sub' who have done se may loipote. must be prasoni at the and,t}1c2 lowful bowers of ad] Soindical ntiouo and iscu.ss et rove ler no Iry 197) was icsig previsions allowine thnir tigction own initiative,. official. Jarrow this aeuare o condition that names in dvance, and only those isentative from the Sindicates thm discu.ssion may not oncroach upon LocTh e T T wore the other fundamen- tal characteristias of the ficini trade uni mucture changed Pe the new Lova; t pros'o ant of iic Solualcatos 1e pointed by the Head of State and min in.leirof 'he Government. 'He sides a er the Executive Cot cittee ond r t Coap:ross3 (insijdc sat le central gan 1-:ation n : the Urdfin U o compesine it act ia accordance ith the 1_042:".:1 ation ond. ban c a-rine:lel dirk. official Trade Union organise. fret the rosts that arc not filled by cle otou wot 1 officials invested with rea l authority propose troh :.Ij TtiDflfl "IGO the Governmcnt;... he suspends trade unions. assodiaj 011 Saua Pny, i union bodies which carry cu act.ivities conrary to this Law or t tne Jeineamehue Principles of the i- -.' tio.rij OUvemont ( mike - ond the implementation of acts a.pd d ecsion i s Ken by the trade lion se. bodies (I ticleniroves t oral regulations governing the 4dministratioi of Invide un its and resources (Article 61); he nominates the pr sidents of tio intionai irjdo unions from among the people elected by a three-oherters nojority of tio General Council of Trade Unions, but if that majnrit is not reached, the Minister no: inates the person he consid rs suitable A2ticie 29), in conformity with the same Article, ne can decide to end the manhate of the presidents of the national trade unions, n`ld an lo who have been declared incollmtible with the Fundamental 'Principles of the Movement cannot become prosidents of the nationai-trade unions.' (Joint Statement on the.trade Union. Law and the Trade Union Situation in Spain by Lhe Intornational Confederation of Free Trade Unions and tho World Confederation of Labour, 18 March, 1971). The Government has shove its detoominntion to reoross thu ci ELIICIGstine workers organisations by raising the statutory penalties a-c1icab10 their members; notably with the amendment of the kublic Ord r Law 1971, which aundruplod maximum penalties - lcv) 1 by administrative, not judicial, authorities, - far the holdinm of illogal union meotings a d the organisation of deitloilstrahiofle3 and 1rotes-'s nmainst the dismissal of an i on activists. Furthermore, a confidential cemmunioue issund by the Ministry of Labour In November 1971, acknowledging the threat which the clandestine organisations repro ser.led, warned employers to sinmle eat ond remove potential 'agitators instructed civil governors to call in the armed police.e.s soon sa. ncia labour dispute arose - advised added re rictions on oresc' coverage of indu trial unrest, 13 x L reater repression seems only to have served to unite and stre tli'm ep sm. sins _

23 of 1 Jnienei nu: rictic unnermkunin _rent political 'Ain wore incorpe were eres-caffca in the othe political bartios In. order to prevent 'di criticism cf the rogin tight controls worn impos dictatorship, nowevnr, mtablishment and There trade unions artie all Uils end, _{. _.1.,.., the werunaa end employers all n 1 $;_ d by law. vesinpurnatkis worc.pprrwlekfil for the notional Movement' and more J 1 LILH thirty -years ivisiens within the ruling hp and in t he clandestine Country. Divisions within the Eidtablin The once impregnable ellience co:. Franco has been woak nd by a!tinfic3 of these pillars i the. (for see Section YD. ;:u rd lore's, Civil War, and the extrean rim -winlthe eibin away their novice [hid nom i3. positions by Ine 9jji. s Doi tecnneer to stage a comf Pk nt biae - (involving the misuso of - ono of the ccn..n try s text1 of newly appointed firmly against tho Onud Bei minis ding' f towards Europe. sins, too 'progressive faction' which pnrenets 3 businessmen against th monothelist a relaxation of thp else, to free the scringitiens re from 0,ta arohne 1, ion react, fwep tj developments within o each Church, the tirm of the -n ct.cionsly top op:finial successful attem pt financial scandal crodi ch tr oy numb have o hied look its own edium-sized, and favours than anything Moverent. The extent of the far-riga fully revealed until tho Burgos Court Martial in tho execution of six P WaS nod 3-1 thn Govcrncicrit eftor wave of international protos t against the deati. ue sliind pronounced. Younger officers, particularly. since Burmos, resent close identification of the military with the politics involvement in political trials. rti Mere regime, and, above all, the Army's Influeric.ci by the position of the military in other Western Euiopean countri s, they cce their role as beine; much more professional. Although effectively relegated to The political background, the -;;Therd continuo to ue a force which Franco must and dees take into account. They werenable, for evemule to defeat tw)ce the Government's attnmpts to introduce the recognition of the riinit to conscientious objection through the Cortes1 amall in'numbors, this sector is fiercely nationalistic and opposes association with Europe because of the clangors of 'contamination' from democratic traditions. iblaost outspoken members are, at least covertly, linked with-the extremist action group, the guerrillas of Christ theking (Guerrilleros del Crloto Rey), which sith virtnal impunity devotes its energies to destroyingbookshops that display moderately progressive literature in their show-wineews and, in NovumLer 1971, art galleries where the works of Picasso i

24 Bet acie9 um fo Franco' a d joined 14 mainly LmLs.L.: t ists, whose criticis! newspapers and j U]7Ia! allowed to voice freedom is very threaten to e Vick to Jiminez, fcrier Spanish Ambassado in iment oderof em 1 lip t e vo! metjrans ti sc I a w fro aid rant p. aro els CrChr at i L;1 the fate sometis ir of e csuoken or, rs, sancta( Plin )1 71ehrice, once it aoaipst of tflh! official American military support t?avy visit of Secretary of Stato 1Thme2s to rid In sd until were levied on the orders ape andino ment re not April as a cit warning agaanst their trin. to arrange a meeting with Germ nb e Ministor Sheel due to travel to Madrid. shortly afterwards. Anothe pie io th e re spec:tea daily Madrid, shut down by the Ministry of Leformation and allegedly bccouse of financial irregularities, 1971 its OWTter, Calvas Serrer9 had sent an article Hondo r oune P Government's attemp take over the news-pap. Thp articie a yublished just after Senor loft Spain for exile in, an_ fl (1 go Viru2 ted in absentia by the Public Order Court ccuscd o, nav inch Prod the security, of the State from nwrc i - a ori which c r:le a naxinhini c. of twe year., imp Cal sts Tho dissidont Doi 'ion-per la branch, Spanish mol t_ surishrm,nt iny arid it s followers fought on the sid - o_ tee Nationalists durine the Civil ar and were later integrated. into the Motional Movement. Prance was, however, careful never to allow Ca rlism as such to b ecoe m a oat te the regime and decisively frustrated its political aspiratio when in 1969 he chose as his successor :22iAce Juan Carlos, crandson of Pdfonso XIII, instead of Prince C rlos ntigo de BourbL ce, the Carlist claimant. Prince Carlos Hugo had, in fact, boon expelled from Spain in together with his father and sisters, but the Carlists continue. to have relative strength in Navarra. and AraGo. They stage an annual 'rally every May on the mountain of Montojurra, noar 71stalla, the traditional capital of the Carlist kings, although official efforts are made to keep members of the exiled froa osing the French border for the celebration. Carlist antagonism to the overnment has grown lore outspoken since 1969, and the movement - in particular, the yo es re11oraton - aligns itself to an increasing extent with the democratic opposition. Demands were made at the 1972 rally for the forraati3n of political parties, trade union freedom, regional autonomy and thao creation of a leftist 'social Monarchy' with Carlos Hugo on the throne. A largo,!pup of demonstrators, ignoring police orders to disnerse after the speeches, ran through the city shoutingo; "Franco traitor!" au unions!" - but the Civil Guard did not intovene. The Clandestine Oraosition "Free trade The Communist PartP of Saain (Partido Comunista de spa n), Like the other defenders of the Republic, was forced underground after the Civil War and many of its leaders, those who escaped imprisonment or execution, went into exile - e considerable number to Russia. Some returned clandestinely after c. t ildo nd a to rohuild ;arty cells within om then Spain. In the PCE renoulced the use of violence and on 9

25 locn r- fro n ation until impott worbin devel ut Jd a tre e lorkn Commissior union (see tap veo of the Comisionos er 1 yp 4 camothd the tholic workers' I.,h many.prr of the count organisations that had instrum th ctioi. Other workers, who ad jc Comitrimones at an c rlior were thy b orgarisa politically inc endont clando on, withdrew. it is thy the rmnr fi members of r Comleieles ITt Polon the Communist Party - nor indeed to any of tho opposition. tarties - and that there is co-operation between the PCE Cords:Lone:et and other workors' organisations comtinues to exorcise the dominant influence. concrete actions, Long a steady follower ow lino, the Communis arty of Spain split into two bitter1;,t opn factions over the 1968 aviot invasion of Czechoslovakia. leorota A Santiago Carrillo ow living in awitzerland) immediately condo try invasion, althour _ was forced to make a conciliatory declaration whc. threatened with the )os of Russia's economic oupport. Civil fax veteran General Enrique Lister defended the invasion severely sttacked the anti-soviet stand, for which he was e silled the PCE in Russia itself haunot ienly broken with Ca rillo, --to and encourage- ' Lister group Carrillo, for _ part, Pursues a policy indeni donee from the Kremlin and has recently 1 overtures to an effort to normalise relations with o Chineso. factions puolisn tii own vorsionn tho Linter edition ). ' title Lister and the Carrillo xty organ, undo Obrero; red, C.t crillois in black. There have beon ethem soli notably tuc formation of thc pro- Chinese Partido Comanista.MarxistLLeninis t. ir 1965 occurred largely at a local level and in t1e universi these Most aro numerically small within f c of the opocp tien In 1971, for example, four different commun c) n4 u rra J1ps operated in Darcilonn alone, apart from the Catalan affilia L.,J the POE, the PSUC (Partido Socialista Unificado de Cataluna - which terkes its name fian bin) attempt to unite m the Communist and the Socialist ' os in Cataluna during. the Civil War). Since 1970 and the formu.. on of the Pact of Liberty (Pacto de la Libortad), the Communist Party han adopted a policy of solidarity with all opposition groups. This wnp 'baptised' in November 1971 at. unprecedented assembly of the democratic forces of Cataluna, hold in Barcelona and attended by 300 representatives from more than 20 different opposition parties, workers' organisations, Catholic and separatist groups, students, intellectuals, Carlists and monarchists. As Santiago Carrillo said in an interview for the French socialist weekly L'Unite in the spring of 1972, "Nembers of the Catalan upper middle class have signed (the 'pact of the opposition formulated at the assembly of Cataluna), and have accepted the principle of the re-establishment of democratic liberti s. That is what matters to Us today. y,y e are oven prepared to co-operate with certain monarchists, if they tiill accept this principle." The Socialist Party (Partido Socialista Oliroro Es3anol), founded in Nadrid in 1879 by Pablo Iglesias and formally constituted on a national scale in 1888, grew to include come two million members by tile outbreak of the Civil War. The Socialist Novoment was then made up of three different tendencies, a right wing. under Julian Losteiro, a centre headed by Indalecio Prieto, and a loft wing under Largo Ceballore, loader of the J.G.T. In the years leading up to the Civil \, a much more radical tendency developed, first amcni the Socialist Youth (juventudes Socialistas) and spreading later to sectors of tho working class organised by the U.G.T. Despite opposition from the party loft, the Socialists

26 joinc Pcpulsr Pr. out in lepublican war cali et I, 0 C i - i1 0 d becaus C of serious ) cory 1956: with ry in After the Civil War Thivjnli-,.itu able ta ress to hordy:r into Prance set u u a f.b.o.e. Secret pulowso, ahn o rnyy years the party relatis, is with. th.n olitido yule uo-loucted from thore. Nevertheless, ction of the P.S.O.E. c.1 ich r-mained. within Spain began to recover its pre-war S t ron hi ane runt now members, eclally in a regions 0uch as 0,.9- tionally flue- among th wo k iyir clans. its u tc a a ly oxpanding youth 4 1 Ile Federation. of Rn sialist Youth, wity br nches in most parts of the con try) has contrihu to.le reiuvonation f the earty leadership, and the P.S.O.E._ work+ closely together' the U.O.T and tho Young Socialists. The XII Party Congress in Auoust 1972 voted to eliminate the office of Secretary General, h ld. since 1940 by doberto Llopis, an0 elocted an Executive Committe the 1 rity of JJTCr r.lust represent sections within Spain. The ;ming Social ists in ar aro active in the form, ion and mrowth of District Committees Comities de Barrio), which serve as a support and complement to the Facto y Committees set up by the U.G.T. Organised in working class districts, the Comites de Barrio seek to involve all members of the community - housewives, workers, students, the aged - lts discussions of problems whicil.. most immediately affect them: housing, sanitation, schools, recreational facilities, medicul care. Discussions lead to oampai such ar lhose against the rise in the cost of living and the new Law ot Education (soc below - udents) carried out through leaflet distribution and demonstrations at thu beginning of :held campaigns, in turn, act as 'action schools' in which participants come to realise their total lack of representatiom at evon the lowest levels of government (provinc al governors and mayors continue to be appointed from above) as'well as thu sevore restrictions on legitimate protest. Antagonism between the Socialist and Communist Parties ha2 not abated since the Civil War, and funda1tental differences rea.oh far beyond their strategies vis-a-vis the Spanish situation. Fere, the F.S.C.E. strongly opposes the PCE policy of allying with ail anti-franco forces, be they Christian Democrats, Carlists, m narchists or separatists, and links tho struggle against the dictatorship with the broader struggle against capitalism. The Anarchists and the Tharchosyndicalict trad-tion has long been deeply rooted in sectors of the Spanish working class, particularly among the peasants of the south and the workers of Barcelona (most of them migranto from Andalucia). Severely persecuted under the Republic, and by the Communists during the Civil War, the rat (Federaeion Anarquista Iborica - Iberian Anarchist federation) and its trade union, the CNT (Confed7racion Nacional de Trabc212), wore virtually dismembered iri Iteyears of fierce repression after the Nationalist victory. With all of its surviving leaders in t)rison or in exile, snail groups of guerrillas continued to carry on the struggle against the regime in the mountadnous regions - at first, in the that once the :Lilies had liberated France, they Would cross the Spanish border and rid Spain of Franco. Fighting alone, the guerr ilas were eventually extinguished, and anarchists who managed to escape from prison or who entered the country clandestinely were arrested and cither tried or shot. The C.N.T. still functions, howevor, principally in the north in co-operation with the other workerml croups, and the libertarian youth wing does have an organisation at a. local level. Tts members devote their efforts largely to the production of clando tine literature, although

27 olat ed. - linke to Cie trial :tri Plaiitsd in mere important was selves and the virtua Milan was sentenced pro art occasional y 71 ruarj 1)72 ndez, accused Accou off olidarity hut dings thembarial of - ich Cu Basquevhational is Euzkadi' or the "dasouv, northern arain (Guipuzace9 in nouthern France. Historical population of arproxinat unit. Mc region enjoyed coi'tairi leoval October 1936 the Reuublic Cilt Because of their support Lor the Republic Basques received particnia victory. Aany of their language and distinct ethn strong central government severe tre tor revinces in and three provinces uonnvry - with a,flic inglo cultural in rarchy, government. Civil Ifar, the Nationalist c c u s t om s v1c12 d ca ( w re vigorously suppi their unique aud, and a cli.c:v (gatenf orced.frort hi' id. invern. ni nave, in C111C. Trovinces Political. c. ag es agains been heavily inf heed., ionalism, although. the movement for separation from-captilljan 5pnen nch more deeply rooted In the region's socially conservative and intensely Catholic ceasantry', than among the Basque workers end its Traders, 'clom Iroa the Basque lowermiddle and middle classes'. (Krnntiì Medhurst, M.d G., The Basques, pp. 4-5).This is trut, in any vi t, t the Basque hationalist Party (Eartido Nacional Yesco). which was founded in 189Z and represented most of thn nationalist oppositon until well tftdr the Civil War. The much,. in publicised E.T.A. (,Euzkadi la Azkatasuna.., 'Basque nomer and Freadomd) felt was not organised until 1959, by a 17:all C;TOUT7)9f young radicals vrho that militant action was the only effective Loans of winning their cause. Since then, E.T.ti,ls violent actiitios - such as tank robberies, bombing of public buildings and the kidnapping of a Basque industrialist in January have brought the Tull force of Mne regime's repressive apparatus to hear upon the Bnpque Country. in 1968, the assassination. of the police chief of lian Sebastian, ifith a reautattion for torturing captured E.T.A. suspects, lea tohmaidertds of arrests, and. the court martial of sixteen alleged Basque terrorists, six of whom l'ocoivo- death sentences, later.. :tad by General Franco. F.T.L. entered into e. period of crisis after b1 Burgos Trial, which resulted in the movement's split two different factions the non- Marxists, who continue to support militant guerrilla-type tactics, and the Marxists, who seem to have given up tho strategy of violence in favour of building a mass movement incorporating the :Basque working classes, and collaborating with the Socialist and. Communist trade union organisations already in existence. It appears that the second tendency is the stronger at the present, althouga the official press gives overriding attention to E.T.A'S terrorist activlties and each new outbreak of violence in the Basque Country, however isolated, is folioicd il1raediately by reinforcements of armed police sent froa Mndril. Furthermore, most E.T.A. leaders arc now in pri, -s all over tho country serving extremely long sentences and, according to the rcrorts available to Amnesty, subjected to worse conditions than other political prisoners. On the other hand, there ars many Basques who, without belonging to E.T.A., sympathise with the nationalist cauuo or eiviuly apnesc Mho Government's methods of rcrression (priests whe give assistance to prisoners and their families, for le, and teachers who try to keep

28 alive.o irith Fauna r involve hav n t bstti in with illebral mbondby - Order Court, vh i The o r (see Laws for the Suo,d propalelflo found., - 1 K Cr 9 nalic are usually cliargoci triad ir i the Public y tri A isto:a number of quarters of th French Co rnm Civil but in recant Basque nn ivicts 272)ein Leto regions closest to Spais'n i to the headae4 ed in The since the and of the relucta to allow rticularly in (hie 2 bao iced to move away Ire Loc from t,lie French Brisque bravi 1)0 ttien the French snd oar-,is avidence )f!cooperation! M i in tho ii )11 ards who n 3V rilaharied :ter Ci ) s Students Organised student op os_tien. run:dine f cos escc unt l the late 1950to and took anothor five years to ono: on a national scale. In 1962, under the 1eade rship of ceeinutv nuntor of students, _ss protest ads' Stnta- Ade union (S.F.U. - Sindicato Fsuanol Univ itarie) were }(1, U in '/i.jçibarcelona and Bilbao. Although tho now:inept tot, I ion. of SaE.U. mot with liar qi ropresson frofi the bolls forced tho Governreirb to loosen its hold an the union. by conc. oti ns, lowest level of S.E.U. representations Thin very bh.ted r W-171 tle students who belonged te alan, cotide political t ies to onay: :- Use involvenont of the student body dt largo ie, _ltical activities withir the universities and to recruit isto those parties. S.E.U. representatives elected by tho stuc. ont in 0120 man to use their-777cial positions as platforms from which te no1jiiii10 cppo2ition to thendnien hierarchy, which was not elected, and to 'Quill up illegal all-university organisations, the juntas de belogados. Tito Juntas at each university were responsiole for convoking Lured: assemblies! of ali the studet, which elected their own leaders who then co-ordinated student action through clandestine meetings with leaders froo other universities. Faced with the prospect of losing complete control over the student opposition, the Government disbanded the S.E.U. in 1965 and replaced it with the Aosociaciones Frofesionales de, cstudintes t.,.03 which were _ democratic in structure but lacked tne functioni allowed to S.E.U., and, furthermore, effectively undo ained fee Juni-legal activities of the S.E.U. representatives. qhile opposition students at some universities accepted the A.P.E. and actually managed to take over their structures, others boycotted the J F.E. elections and continued their work within the wholly clandestine unions which existed at national and local levels, In spite of the fact I, student novement t whole is divided by rivalries among the different political factions (most of the clandestine parties have student branches, and some of the smaller ones are almost exclusively centred in the universities), student opposition to the regime has increased in recent years, supported by a considerable number of professors. As a result, Government retaliation has become even more severe. University unrest in tho opening months of the academic year was a major reason for the declaration of a state of emergency in January 1969, which lasted for two months. There was, until recently, a special headquarters for the 'forces nf public order' in every faculty, and police infone s monitor most classes and leetureo; all unauthorised -t lt mootin are broken up immediately - often with violence.

29 uude union univorsjtyas ni began in Mrvemben the coun am, f Educo rnevod in, ffete whi spend an extra,venth ti By- examination. mn been closed tar 311: hlonth- nuohrhah! and scores tudents booy1. arren detentions and tbc virtual ocrhhhwliii studest and professor alike effort-et() force then into inability to deal with the, secretary and four other tom were when nos authorities' -0 of tile subfl2l-020 ced by nen oore didr)ceed!" loft the cap the cid of July? tno N 4histry is future the...)() jç Ufteti L aricot responsibility of university woulf that students Cennoil Cral tl:0n1v -0 )20fl 2Ch3 1 at u p_ coawl0 the the hi Ye cch beyond st Nadrid, througho indepondent lr uno hich now now T cently rut into Ci students must local hospitals. ia idod ina l faculty had rter periods of tine, t rninst these the 1-(j police? pito police y QC Educat I _n, who infi'. Fina ly, eir F..urL or holidays at \ThTiOh determined that in university rectors would lie the ntrance to lice record f nmoed conductiplinary, reasons would bo prenibiued from cirttr I CUJ. fiming a C) tlte., an university profossors and admin18trotore \vsdre to lije torsnseciblo for!nining law and order On the campus/ in niiition, tilo statutes of thi two-madrid universities wore suspended for one year? "tuntl ii in 0 short of martial law. Tho measures 100 to t resi nu ire tho rectors and deans of five UflivorL ities, bocau? Lilt, in wflvds of those f om Madrid, that s- euld nci!rceinin chers and the naardians of l, shadow of academic freedom and - policemen for tie racjne Subsequently, some 250 prefessoro wore dismissed from stato institutes and universitios as a result of another new raccuiation requiring al] those without len, coitracts to rresent a lco)t.i I iou. of good conduct' fro hu po3ic eth What was notable nbout tho 4L veiotjent O this part.cular conflict was its professional motivati. The resolutions and pctitions elaborated during illegal meetings called fo.t mu ond to une excessive OC octivity and control over the courses (of st ' - which result in the elinination of all but it tiny percentage of the students who boaijn the medical career; and for a profound reform of the annthistration of medicine in general in go, Spain, a country which at nresce only half uni:. number of doctors it needs, while 75tiof tho medical J17rLi1cLt4ThQ ara Fenced to seek jobs abroad. because hospitals ana clinics are not!nipped to talni thorn on. The Law of Education ens, i..a fact; served as a. cateilyst to unite students, their professional counterparts, the clandestine workers! movements, and parents over grievances which directly or indirectly derive from the structure and policies of tha regime. The medical odonts' demands were backed by 5(10 doctors 3n the clinical hospital of liadrid. Teachers declared a one-day national ie in March 1972 to support student teacher protosts that ithe now Loar hdd done nothing about low wages, largo classes, insufficient facilities, inadequate training and an educational system -v?riijch discrininates against economically deprivod families. Parents, 0, JHnts and WOrk0r2 ail ever tha country pnnticiented in campaigns against -Mid failure ei tho inw to provide more nursery and primary schools (accerding to an April 1 72 article in Cuadernos ara el Dialogo, more than ono. chi.l1rcnl in Spain todav do not to school ; and to ocvjjust technical schools o 0 adult DM:Lent:ion to exigencies of thusu i1io must wamrl and study EL 10 i t makes access to UfliV)rSL tv even r klifflcui for chil 'rem the

30 underpri C of S in head conso.ta of S.f. T Ica te ) _al risk a f aveurma studept questioo serious if the sinetcam) which is the pillar that Univers icf rid form (the which runs noratic,.. xtromnly. tionel nniverso tom, try ts Murn 19,1.72). )st univnrsiti, barricades, tatious it in October the pent-up combined to police back at the major Minister of of November t loost mh awol of 1972, fruntra ihcroah 01-1 nnn,. the Interinr 0 0 )1p onary osue Jolvorsil ei 1.ij sic author, and ono el naladministration militancy id, ihivit ftly to bring the w rentwed brutality. Ma Ir of thn facnit losed mors thmh. open; and Cortes at idn. end J 2 ty subversion.' 2 Unsuccessful os 1 there is litilo re future, J famil fram uvontualty the tide where unrest Li much The monopoly of thc! CiOUt t..3. OUtflid0 educatio L. est (and rove lp of a-evo t :cto tors. with m tradit io.n1 conservag F the prodessionals, -,.. guaranteed in the past Uhat uir rhillltc.ncy t after graduation. For lent f e llowins Civil Yar, mot virtually no reniataace temcber thitey collar worker as a whole, L t. 0 dramat that this is longer o *Tim). resu of the greater accessibility of hicrhu-r in ddin ciasscl part due to the diminishing possithilitie graduates to filad work in the fields for which they wors troino jobs that pay cnough to support them IT L C.2 consetpance oi the inept policies, tho Lcuntos an( repressive rcc.ctions of the Government. rr The oner7otic protests biuchod off Ly tihy Uc i of Education and by the dismissals of 'undesj t upo' professors tjp.ify t'ti crowing professional discontent; as,, does the movamont aiton,m nan-tohure (no-numorario) and secondary school teachers, who organised a series of strikes early in regular - many teach for 1973 to back demands for jcb security and several months at Lae hcmitdnin of oach are formalised, and often rectivo thoir since 1965) after long delays. Doctors, psychiatrists and rinrsc3s ace also to fight against poor and unbygic3nic warking m PaY befere their annual contracts -ome of them frozen ortin(7 to militant action m:mitimis, hopelessly inadequate facilities, low iay and lack of ovet fficial trade union representation. The conflicts ttoppag ocoupaticno and dismissals which have taken place over the past 4'-theEMT ars - the psychiatric clinic Franco amera1hospit 1 in Madrid In 3ehteri1jor 1971; the Oviodo Mental llesn Januitry the Barcelona kthoial Security dospital in December have thrust hc mssues of health and medical care into the realm of law and {_order(police untered a ward o t1iio Barcelona

31 hospital at onn pet t, Jubbir to end a sit in. Thc rogimc that elic -I- 1 1 tne students measure of the in aro. nrsonnt who had r dif: rant in. cis6 clams, -,tasvioac yet another nracamious conecosus on which. it ntands. thin. such a context, profc el (criarveiness necessarily develop noliticel and these lons, for the C.evernt nt, are dnn rous. The " Co rgos of D aid in Valencia in June 197'a is a cape innoiuit,, of' t he utili tn of pcial Resolutions Dess curity funds for ine t,1 a denunci ation totall: un elated purpose S J c1cnic uid for, t Coven nt [Thar in tht itributions ic fiscal reform; an de, only possible throw' d u, Social Security medical staff to meet participation in and control of the ooceal beneficiaries and all porsonnel an eno bothe many Social Security hospital In - tieular assemblie s and dismissals for o MCCU increase in e country; u V system by its :ession CA rci in prohibition on staff asons; t e serviccj. nandn establisi ont without delay of a brv'y national hoalbh regarding psychiatric care Collet: a siciiiar lines: the Young Doctors called for the immediate integration ot ental hospitals into a national Social Security system, controlled by thc whol country through - entative bodies; they inc-istod tiiat the holding of posts in public hospitals be made incompatible with tho maintal J practice; they urged the isholantation of full workin every poychictric Lnstitution, with the full ot,riff complome living wage; nd they declared the democratis on of liospital edmi Istration a therapeut c and social necessity. Clearly, the implementation of re jo1utions such as these would not only 'revolutionise' c modicine, but would also require fundamental chaf t' and political eiructunea which support the Franco regint Trouble has been brewin:r for SOMC within the povizcial bar associations. Spanish lawyers both individually and collectively have demonstrated groat caurae in pressing far reforms in the judiciary system as well as in defending political senors. n number of prominent defence lawyers iiavo boon cupouded from practice or indicted for trial themselves on charges of COntoLipt of the 'Public Order Court because they questioned its jurisdiction in particular oases, or because they introduced issues considered by the juags to be irrelevant such as the use of torture on their clients by the police. nt its March 1972 meeting, the Madrid College of Lawyers approved a programme of basic demands, many of which were adopted later by colleges in other parts of the country: de ence lawyers should be given access to prisoners at any time after their arrest or trial, the College of Lawyers should aid any of its members who are arrested or sanctioned by the authorities; top officials of the College should no longer hold public or political office, in order to preserve its independence; and a commission would be formed within th College to guard against 'limitations er throats to the liberty to defence and the independence of the practice of the legal profession' and to elaborate a series of court reforms to protect la freedom0. It was not until the time of clecbions to the :ovornin7 counc il Af the Madrid College (December 1972), that th Goverrclont brought itself in direct confrontation with the whole ta the Spanish Dar, The Mini2ter of Justice, resorting to a 1950 ministerial order which allows him to approve candidates in College elections, banned five of the lawyers from standing on the grounds that it Was the Government's duty to see that the professional associations do not deviate from their specific functions. The immediate result was the withdrawal of the remaining 54 candidates, followed by strong criticism from the General Council of the Spanish Dar for thi6 blatant violation of ite autonomy. One after another, the provincial colleges have expressed their solidarity with Madrid, some of them postponing their own elections and demanding the derogation of the

32 minis politicol novp 'tak of thc preresoivc condi ence the professlonol. the i vigorous Jose tie:ria Ctl Ho Republic. wbut Lt ::.:;:i;vi os o on g of -ooto tuvn j indcpend v iticai insue onc". unong C. Lho fiv banned, c UEDA. durinc

33 VT:II 7 TIC _-LOF lvii litar consol lit tious grounds of each. sentence, refuse have 'Jitnessuo lu ohjoctcro. Tho is ohjec t il on r-:a i 2Lt1 provisions for objectors and iuprisonment - ntts discu sd in a Cou do Defensa Nacional) on.9.7:709but was returned to tho Governmeh for ttee iugh several Johoval!ds e- coaocion. ous - chich cont Med sciontions rved three yeatst the Cortes (the Comision majority vote of 21 to 9 it - A second draft wan o JUuilt o the Comision de i)ofci ea _ Nacional. in tle sprin(; of Its b sic -Tio"-Diicialli service for those who refuse to bear at on religious ounds, ta ' given tor a period of not loss thajl dono the eigh rogular uilitary service, imprisonpiont for fce refuse to accept thu "special ASO. or all whe served more. than three rears in prinon) work. ntialiy the as eforo, but the )recodural mocitj loft ic - cuthority in lsnds of the Governmint itself - en offe to the first draft. 0 tne 2i objection Cif the Comision In the course of tic Comision de Dofoa.'a tiacioni debate, however, the original text was had consider:illy re harsh. with respect to the i\mor- conditions anj, restrictions imnesed en conscientious objectors other thi.ipn the changes provided that to be included under tho jurisdiction of the law, cense:lent )jr-olls would have to have been members of a religious essociatio toned with tho Ministry of Justice) for at least one year and.rould. ievo to present a document signed by their superiors stc tinrt that L21e12130rS of the association wore prohibited from bearing arms. They ould also have to go through the rito of kissing the flag (an act which is not evon ruquiroci of army recruits) and would lose all rights to tocicli publicly nr privately, until past the reserve age of 58. During the heated debate, General Manuel Diez-liegrie, Chairman of tho Joint Chiefs of Staff end appointed to. Comision by tho Government, expressed his opposition to a number of tho amendnonts put forward by ceitain other :hers. "The Govcrmi nt proposed a special regime for conscientious objectors" ho stated "and we, after two days of debate and arguments, have - instead of e special regime - elaborated an ordinary military service with some bocaritios. 7e have made a law so strict that it is unacceptable. only with the elimin tion of that inadmissable anomaly of the recurri fbsentences. This is no small achievement, but it is net worth passing t law just for that." He affirmed that he would not vote for the ft.raft as Shortly thereafter, the Gos-ernmcut annc.uncod nab revised by the Conision.. there would be no full Cortes vete on the draft, and retired it. The military- service law stipulates t tho Governne t can determine by decree matters which affect i nal interest. There was specul ation that General Franco himself mfy enact the provisions of the original draft using that recourse. No indication of this, however,

34 over, tho op n On t u which o t much of consci :jce Govorno flogria is a notable rocootitu hoc, en. tie" trumental c M In debota htion. cont. OthilLlUD. Ttod(p. attitude 071. Accordlnu' Jienbious objectors, 431. is tn- rlonicion do Hefesa Nacional, m?o10 hotticipatod, rovealoci eu of tho ria;ht Cancrol Diaz

35 Viler n 1( tlen C., int es it, t opnnlan eltis froin.brl of exd._ A ;UM ex( Governni r ox(,,j Article 14 en..0d by 'Decree Spaniards Munich an( rc t 1. o Tor roc Idn nlnof Hent in, Freodon provide they do tn. t 'ail Snanidrdr, Dt attack the funda: lel, tne Fuero, 1i 1 1 tholr ' iplin-1 el the The 'Press Lr.w of 1958, in force until March abolishing OOfl3OrSh1 prior consultation bvtwe welcomed at first as 'respect brut the nati-i-"e al. public order and persons in critic indepondence of the anj der:oral and f -i dd dt ' Alt Of the Civil Wa ram.ainod tion of a new Oress Law our of 'voluntary to institutions iously ;over, by etinciples of quiet:he:lents of ive act1on2 the 'fate nco of internal nft A number of radical Cath T' the law, which obliaos all yublin held rossonsibt any off April 1967 even J1.(3 1 ml increase freodea erov 1L Press Law was virtualjy nullified by au amendnent to py e (;:r1 designed to eliminate all crilidisra thn Govorhineet. easuro provided that sentences (1 Iet een imposed for the public oxprcsel.on 1)TL 'affronts to otion the State, or it: politica finvs and (Dir t:t.ii imprisonment Code can be imposed for critic+ sri of t Ndtienal a hod 'failure te show respect for institutions and individuals' punish4n Jie by detention and fines. Criticisill G-2 the reime, and the pub - accounts of labour disputes or divisions within the Govert e1it lcd to the suspension or the'continued.. imposition of fines on a nuib 2 of newspa.d and journals by ordor of the Ministry of Information (and Tourism). One of the most notable of these wah the respected daily Madrid, which was closed down in November 1971 aftor a period ef susnohcion and sevoral heavy fines. The circulation and :ale of forvi erlodlcals rem:ins subject bo tho autho-isation of the Ministry of Tnforeation, arid leadinr newspapers such Lo tionso, " Thd Observer arc freduently banned. Accordiny to au mt criic.tional Yeross Institute report of Aurf,ust 1972, the Government had, ovcr tho past two ydars. fined a tothl of 155 Spanish newspapers end mayacines for violations of tbo press lam; 37 cases against the news media h. - either been dropped or wore still aendiny editions of 12 v: IIIC; E ii L J been ccii,ed and t1e courts had crc7. croci confiscation of 50 ethers. Radio andu v ally fail urklcr the jurisdiction of the Plinistry of Information, and bi.icontent o f L±ll preuxammos is strictly controlled. Freedom of isssociation for lawfu1 is ryunrantived by ode 16 of the Fuoro, but the for.nçtticri of ( soci-tion is ct n pondcntsta te

36 i -s tad d and i tan nib c - thation thah pireta.om flathellc s and in ra0nons( a of conocibnce, fra Spain.On th cht:hn isa crimes ann,ainst th sentence imposes a Church in writ:1,m; director, Dnuol f drn.. wjui he d Id national thn Archris othla.; As id iculinl: 1 1 ion Article 200.Y11.1ti rellhious santlivnitr,arnat, dual of discretion. profano such aro. Preedom Penal assomblios. authorised of Coac iv UUtint specify th adrhosn speakers. Prior autt under any auspiocs Movomant. sion X,Larch Frit: at hnd tawt n tbo 7.ourts le the Lor, and and. topics rbe ired for a Char The riht of habuau corous accordinc to which. no Swan arru St prescribed by law, and all. :test be the judicial autheritiez wild ours of r Emerency, however, 1.rt1ole 1 is martial law is lified. S1iE$pJ1lCOd by the nol.ce until 1)71 S ate of lar&, from, aunry to Juno, vpu r ice- rdad on 1 thu C S in- 209 in parlyicul t the - 1-known 40filla 1)1:- ;. t for a wh ( ch, UPI VCrEL!i before a court, wore jiven provijonal libarty t robaiii ocl' by the police). Prisoners have frocna:i police stations for a period of ::averal woolcs hefe jud teo, althou,.h tcrc ii a brevision for makile: arrest, a:.,-(:l inonce officer for Penal Code), which. a ' of the accused in court.,i_ e,..,acicb \. r I, dotontia (A c,,a, in c'ti 0 o, orn Catholic litotive cch found fly of chanod Ld sun ti,1 for ler, illa must bc must scnasad and tho ioctnrces held or the national in v tinkro, or turn a over to of Durinb a ers may be held lc arrested in the ware actually alten dna and thcn held ip Inc,sent to the omplaint a tjainnt a acln 1636 of the - orompt a,., cerancto ;

37 Director to fino In a. stujy ol c1i LClal En Garcia Valdes (plz pn a number of in9ividuee clrichninie: public snr;iare ctieol eacinff then:- a intg.e d versive nt nco wrien tlicipated in cl n. rnectine nootino havinu committee onran conclusion on conc. cmnod was his dana:or sanctions.' in univen of tho hurgoo opposed to re- )r i armn ilowina reaclons; P. Thiaversive romoved Unlyencity b evinu part decisions were taket lphaia to an 1 rerrenor ta-tient. The bris anrest and en activint ir WJ: I t ifl to (linint MT-infliction ill tho anii Fnown el 1O)5941 r, Any person. sane fine in full ima trative authority, h. vino (prisonment without triej. July 1971 rep nience the Cortes, b}* Gencral Council increased the scale Cl, f.l1c(" to may be raised ac;ain of imprijonment in the days, violatinc(: to Es anoles, which prov: 72 hours before he is the Law often infr poople fined or icrensonoj provisions mpy thou he trio Orden Publico) foi the same oio & 1 u e - 0 -rfic.fr -0 erten etto ( he nrnon ' (-) 'DL19 9 de.fh i s introduced in,i,i,:"[laresin ta.+ etas, which imum pur rom 50 to Fuoro a, mere than Unrsc, the application of od of non bis in idem since itics unjcr its (Tsibun 1 do ly Since those Lilt) approval of tho now sanctions havo been ane students, Lawyers majority of Spaniards carry in r pockets 100, involvod in acts immediat ly aj:ainst pal roloas Pea:haps Public croduced in Madric i 1_i On p [lyll.d I kt are num! CndLIOnl _L or 500,000 owyer pas, I.c order, cc mn df. (Cuadernos even ' k.:9 0 an anony u l o (7Li 0 nf: of fines), sup of 1972, roadencd 0.A.\.1-Ltn 2 C7' tiu 9., f9 'Tnio nruct ede new v ibitc 1 tions qemj-c, v 1/4. 9 a cao( LJI in Order, strikes, for the of us m _Dme cumont nted clandestinely cyer of detention ( is a fjaexant

38 /Ma The bonal ()ode 3 A LC:CrCH:3.1. iw pour-titles month te natio oncem--iu,n1; 2 :31X UT 110f O 3C:1-1tu, to.et ir 1C 7E31 E.T' E3 (3 i t 3upp royi an :5:10 dpanish, of ihbris and. oles 22 (Article 251y I i i t J_t land unauthorised uns six years' Ifj isonment). prusonero c' prim offences am tried by C. hbile (it'd :mho!..; ' thlis f ()re,: tht year, ' --, J. i G t 1.1_ ( -G, b_._-_l Jsed to (nouns 3.3 a The Suprono Ci ir t ln Suprom Several throw accord' (December 1911) rather 'to cromae S 1-L of thi loads 0ftor this Hot that it hcb Article J73 i now not only to country. hromoto ii now tin licon r 20 until ncw. 1 :roues ttacb 3aratist in a cociations const.. to cc of tho fatherland, 1 4'3 or 1971, ficen cnadornes narn el lalm,o h'uh surtri ln but nt, les xist, (ah.ety h- co2, cannel ba -211 or the institutional orefrl clow to c bf tln, alter tionr: in. Article 174 amplifios the cc c-)c A, with cc spntribut ions the croups or Asoci nentleaelnr-y new also sanctions, 7" 'any other hind of alf7,1 f' L- HJ afforded by members of tiio slur Other reforms provide additional or greater punishme ts for acts JI1I. ch disturb pniblic oreer. Article 263 in the snction r t turrorislii, tor ambl ctiens with six months to six years imprisonment th with the objective of threatening haeilc injuries to i00pl0, dhmtt, troperty5 ebstrheii occupying bui _ ngs, unle, ol.e,mdr sanctisn cor another prevision of this (,) 're, 9 L-3) or.fltflith bhc C)panIsh nation or t L,xt), hut t IOU1 - or in any 14 y thn unity and indopend,-,c i ' it lioncl socurity insludo Thu?sylnit end,\i:stootipn 'me it,g in a flroup peabe, ai1 tering oide i9 tcusing oublic places or l- n'nd s t the ect in The re:forms in the Pcnai Ccd. riot, eilv ijjc..cjlij last imposed for activities, Iclost nr wbich.jc)uic ha lcyal in countries 'o the freedoms of expression, csoccia e,in -,,,,i1 ass rccoctnised, but they will allso incroaso the numbor bersonb engacting: in thbm. decree establ.ishin:5 a 0, in addition Lo tho orc sot up in 1965, was Official Bulletin of th SLato Tit the, cml une 'rise fore-joon in the am to trial for oh lic Order Court, fact, announced in the 1972, eade necessary by mlee it jurisdiction. 7.11e, Military_Ceurts havi juriou tion in casco iolving spionegn, military rebellion and iiiurrctjon e. u 4 tary robellionl includes mutiny, strik,s, sab, ioo fllrt 'any similar acts if they - u arc inspired by political motives or soriohsly disturb law 'hidsrdtr'. In a n dditio,

39 - ye? i ccnctinns wit nitrynric ry JdEbicD. law Hxc W fl crinc wnic ecnc.n1( Jon. Fri, 1 I)tTYi civi tn 0,T deli - led liy?one C utt itiry junticc rai niliirry i The V cjnfusi by Lnre thcal mch t large niad nn.s been tried sriiarntod7roup Trod :Jc. cubi.n3t jurio( ictiu and cw-n till thc nr(ien- need xecijlional thc, " 7ists r c

40 7 to thom hover s whi ch thh prosr vadldity tne aolor months sentence). orre four - orkors detention un prevo thidoc 1967, Son[dLiairler, arrost. ir i'ial in 1971, netwo, ind Dail (hog Ldtor dioa o LU t, ui r( julio Ltillan Hern et tried until 1)7I2g id hell in event ye LA C loz, ral 7 nials ari Du oin-clothes held cd er The juliciory tbrguiji a of Lh@ COLI" ublic unii, _oration lanai in prar bd order however, ge orders ublic ore saviti Haiutaiillog ible. hove res 3 hrome Court.17. =0 fill a thcy be ierolity. the 2xecutive independence Council of nc1 th Stote, for ility for naming nul dismissing' the hrosloomt of d its isublic Ord trates, as well the oident ond itbotes of the Court. Th, nister Lice is (5. te movo istratus f om -11! onc division to another (it wor by virtue of this authority t the prosidi An:to established 1_, ' the absolute distinction tween offene insi the Lish _on ond against its hverning political system, won tronsferr. lroa penal division to the civil). In t anonymous downroent writ in 1972 hy a group of jurists (see Law for the SuPoression of the. ochsiton, strongly criticised tiiu threots to and rostrictionson which, together wit fact thot but rathor on the individual cdge appointments syntem: 'Whot wo have aro no. ised on seniority record', aro built into the ined indicates thot the the spnointments 0f tho the transcen- Government possesses the may members of the judicial profession dental and critical issues oue si t. C ic over appointments implies c nrcel over (Jove), the authors heir independence, don r4ins t that control Tho document also protested LLTTLint the usurpotion of the judiciary's powers by the "Thcecutive, not only in connection with the haw on Public Order but also with respect to the most rocent State of flxception declared at une tine of the Y3urros Trial in December 1970 to last for six iernths, when police fr quently re-arrested prisoner to whom an examining istrate had granted provisional _ liberty, and the General Pardon d creed. by General Franco on 1 October, Thr pardon, unlihr those in previous year o, included the annulhent of trials in progress if the sentences be1ng dohanded by tho prosecution wore 1C2i73 than six months' imbrisonment, Gr fines, nrovis'en which affected in PorticulaT the high government officials plicoted As the diogistrates pointed out2 of tho Stet establish tho ceghl justice, and the principle that decisions ccrre spond exclusively pardon decree, applying to trials pronounce choir j ud erioiitby- dee tions apply free ofcriminol rest utes a judicial act which ovum in the 'IdATESAI scandal of icles 29 and 31 or the Organic indepeiteunce of diction to the courts. the administration of and executing ela 3 of the in progress h.firo tho sec sibllity. es, to thh T h courts to 1 to whom these consideracree, in fart, constit- determines, the

41 (1. n, C t,(2rt in:_orics -Lin/ C (.1 erc to 1 linu to 1, V tit Whore scln n.a;r1, c t pot leo C I...).11(...:17 1_2(Th thil boofl t :Lk. S docurinnt, t"..t rtrtun tt) lin 2 C.: L r I c 0111((... code e 2.tppi i re bo been r3ix us i wrinc a. Yr 1 J sur e st, U e

42 loo i 71^ [ 1 osth '11 Wir.r3 fionl sieona Leon 'Cert. untried p_looner Thor rl..p0 also Toe pris_af hany,.? H1,1(1 L. oft eurialric o, t or M-14.4.F.;(7 ' civil pris. throll,th the 1.-kInorn1 AdL General dc nejerlty Mtn,try 1r conttci_ c ;,) rh.- (Dircoton oiisoys ICU, Ench (ivil n) ii Junto.. is prison. disc not _f)r-io; nors c +La sentence tiro-ngh tvel pri s on administrat A an.rt Star Lhc we i ar ore s ov fl r Cils Par cen of tho sy3ton of -- offices bolor to the Gonflrai Threctar of wnich functi3ninr and ins ccfhn and transie -on ; -0( CouLciainda --. rty tonec ii Peva no,.71 t Pitt) arisonors. fnnfo in (Junta trootor, ots. pp II- ony, MPLJ-- ; k_ 1 ', D-Ai.trisclaria,.a de lc. Merced, loo lc laltrots,to, ison,r:.;) rad theoj tions operntion apr tbc Litheur2h thu fio%nash euvecrafi' conditions anj truatn - 7.c0ant ;),f docuflontatian 1,,Inio.,,-,,, 1 :_, i.:, ['cif, Ln f ct, caso. Sc. c i-tortuvaftents LOGil _.(1 in 9.. oefit ycnrs, D-116.1': LI:r0 nado only after vi(-,;crcus _. ut,,,, _,. J., ikas, fdr - -) -n e-rt of filo pr ;: ors,,fic.e3c. IVO S ro 3U1 C Inc in Loo r ri-cenont or _. cortain recto:c.d.. i t. i tro2tocs ene;cicutjous objectors in nilif-ary 13 oi_oorti ty : ooi and od;cd :i.nf0; o? 000r hiono, sa.nitatim and rc (. "IF unaill.y h:ron or crbitr i n: c I i1 ine, rron tbelso astald: i±ents aro linitod. Yith mcnt 4t. 6 civil nrisons : whore political,, " r :; ar o i hil ly ho vor is ample evidenee V.:, al l of tnef_m 1. ExtroLciy in;.dooist te r1cdjicr1 I - i,-1 i -1_ tc, or hrotcn equipment, f,,:o.r pplies) asc Ludic:1.1 a 1 tairroomiar ATI_Siua by prtilton doct 1 treatmcs crlo1:-.i nntrathed connon D1isonorc not inf 7,3 1tLSS±fltkL±jtsl. :--H-';'ci-,J J,=1lia_,-:' ; titc riously 1111 infirn _ d. ih,-;dvc-; J.riocho).

43 2. 36 do, thr c ma.y be visi special -' [ t rao ins ea ±unta allowshcoo la C:1 r000 ricted fl mer Is arc two,1 t1r in so!t ea to ilccerdi inuuers 1 peossions orl ent LolsL of them, C be : prison wit thr! ; un eso rer [ (De_ iv:son iv if tnni, I(i I Cjai in ity In ctice Sa V a [T, Ha, jeurnpy. C yfith tjiir irsctor hut nennoy or cont in conz,gitntc doh reoresof WhIch of itical including o 100 days, conditional liberty - if faitas /7ravc or fc:_its.s for writin?:; iobtcrs of pratos authorities, coiimunicate withfriend for disobeyin prison director. a 1 SS 1[111 (-11-[ " yeadacdes en CO.fltLICt (faitas, Lucia " cii,0 sui_g and ref otions omve been imposed conditions to Maher for attompting to of tin) same prison, coa dint to the 0 1 icio 98 the mish 11 t_ the Prison ker7ulfltions provide h conditional liberty after has a good prison record, crv iii an honourable\ 'Ile in ircuacil and ic h is in a third i,rade prison (transfer from ono crade to :another Om iond jg Or unt.: diroctflr1111 recom mendation). Article 100 ov the non and 2 oa thu Prioon ions pro rcmlosion of one day prison workshops activitios. In prac ice romiosion bocause from tho benefits 1.1-".711-1[:[;,ir sento ) )d: Chs VT ec, 1 - of It erisons r pay he released on thr c:o-qu2rtor e4' his scntencel. if ho 1 ' his COGdttOt thn,the will 'lead 1 Code ol l muter V11, srlsouorh LW Soction earn WOrk in in intcliictual are often dcirivcd of.!!:1re gonerally exciludod T.

44 L effnc. on prin. I.i::. nun j by thu (frn.n jj def nnt 1rI]); r L Jail poitt fr ththqfloato. sucuritn/ Council f Mini to a in\ }arca n t roverd the nl levo1 of decision refuse to submit shn nrthti L i to which nfl, Condit dusticc hts.s.tions by risnunrs n(. ntoncud for )rnlont wane cu mntop:0 olnual 1 priscnorn. nn-se wnicn nalsbcr of - Lnd ijbcrtat not recormlo nod bv tho ty nu To ' nevnr r rth thc: hi Jars fdr :dude prisonors th.-1 nctupilly soupos st ctors ivjn a

45 1971 Bcyrko nal r and L-, 1937, ', ca Rucdc Uurr Leo?iS, 1971 Plly pll 0 ra d'espagnel Carr, Raymond, Spain, Garcia, Miguel Franco's Prisonor, AAI4Jran and Faber and Fdber, tion, ti 'far in SJaln, 197S. Revolucion 1972 ot Medhurst, Pro Kpano 1)72. fin: Bast, uoi$ Group RG. Pay UniVerS ( oi distory of ord, " iah Pascic, Stanfo d b Re voin t io l don 0 Nicolson London, t lil Civil isuoode, Londor oks 1)65. asunom Ba Repression au Pays Bast Labour and eneval rn Union ion TY -rnational Labour Office, am and run Rul mional Co!nrrlssion 1' Genova, 1962