The plenary session of the Congress of Deputies of Spain approved this Thursday the Democratic Memory Law project, which will allow the children and grandchildren of Spaniards who could not obtain it previously for various reasons to obtain Spanish nationality.
“One of the remedial measures for people who suffered exile that is recognized in this new Law is the modification of the acquisition of nationality that is included in the eighth additional provision and that ensures that those born outside of Spain will be able to obtain Spanish nationality. Spain of fathers or mothers, grandmothers or grandfathers, exiled for political, ideological or belief reasons”, explains a note from Chronicles of Emigration.
El bill specifies that this provision must be formalized within two years from the entry into force of the Law.
In addition, the Democratic Memory Law recognizes the right of nationality to the sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners, before the entry into force of the 1978 Constitution.
Likewise, the sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option in accordance with the provisions of this Law or the Law of Historical Memory may receive Spanish nationality.
The bill was approved by the Spanish Congress with 173 votes in favor, 159 against and 14 abstentions, states a report by rtve.
The Democratic Memory Law proposal was sent to the Spanish Senate, where it could be definitively approved in September.
"Now, the bill goes to the Senate, which may introduce amendments, veto the text by an absolute majority or, in the best of cases, ratify the bill by a simple majority," explains lawyer Ariel Fraga, from the Fraga law firm Lawyers, based in Barcelona, Spain, in an interview with The Americas Newspaper.
What is the Democratic Memory Law?
This Thursday's extraordinary session in the Congress of Deputies focused on the conflicting political positions on other points of the Democratic Memory Law.
A report of rtve lists some of the main aspects of the aforementioned bill.
Search for missing persons
The Spanish State undertakes to search for around 114.000 people who disappeared during the Civil War and the dictatorship.
The State will prepare a map to locate missing persons and will create a state DNA bank of victims of the Civil War and the dictatorship in order to be able to compare genetic profiles in the identification of remains.
The law also provides for a state census of victims with the names of those deceased and survivors who express their express consent.
The Franco regime will be declared illegal
The law declares both the Franco regime and the Franco courts illegal, and annuls all of their convictions. This annulment will entitle victims of Francoism to "a declaration of personal recognition and reparation."
Prevalence of international law against the Amnesty law
The new law does not repeal the 1977 Amnesty Law, which asserts that it was an instrument promoting "reconciliation and the construction of an advanced democratic society," but it emphasizes the need to "guarantee the right to the truth for victims of serious violations of human rights or international humanitarian law, as well as appropriate forms of recognition and reparation."
To this end, it establishes that all Spanish laws, including the Amnesty Act, will be interpreted and applied in accordance with international law, especially international humanitarian law, "according to which war crimes, crimes against humanity, genocide, and torture are considered imprescriptible and not subject to amnesty."
Study of human rights violations from 1978 to 1983
Among the law's provisions is the controversial amendment agreed upon by the government, EH Bildu, and Más País to create a commission to study human rights violations between 1978 and the end of 1983 against people who fought "for the consolidation of democracy" and to identify "possible avenues for recognition and reparation."
A courtroom prosecutor will investigate human rights violations
On the other hand, the law provides for the creation of a prosecutor to investigate violations of international law and human rights during the coup, the Civil War and the Franco dictatorship.
Sanctions for destroying graves or exalting Francoism
The rule will incorporate penalties of up to 150.000 euros for non-compliance with the rule or for acts such as destroying mass graves, undermining places of democratic memory or exalting Francoism, something that the Historical Memory Law did not contemplate.
The definition of victim
The law considers victims to be those people who have suffered physical, moral or psychological harm, property damage or impairment of fundamental rights from the coup d'état of July 18, 1936 until the entry into force of the 1978 Constitution.
Among the victims, the law includes those who died and disappeared as a result of the Civil War and the dictatorship, but also exiles, LGTBI people, children adopted without the consent of their parents, as well as the Basque, Catalan and Basque languages and cultures. and Galician, among other cases.
Victims will have the right to "recognition and full reparation" from the State, as well as to "compensation" for seized assets and economic sanctions resulting from political, ideological, conscientious, or religious beliefs during the Civil War and the dictatorship.
In addition, October 31 will be declared as a day of remembrance and tribute to all the victims of the military coup, the Civil War and the dictatorship, and May 8 as a day of remembrance and tribute to the men and women who suffered exile as consequence of the Civil War and the dictatorship.
The Valley of the Fallen will be called Valle de Cuelgamuros
The law contemplates the creation of a state inventory of sites of democratic memory, including the current Valley of the Fallen, which will be renamed the Valley of Cuelgamuros. It will reveal the circumstances of its construction and its significance "in order to strengthen constitutional and democratic values."
Guaranteed access to public information in the archives
The law guarantees the right to free, free and universal access to public and private archives on all the events that occurred between the 1936 coup d'état and the Transition until the entry into force of the 1978 Constitution.
In the case of the documentation of the government of the dictatorship that is in the possession of private entities or individuals, in particular those referring to the head of state, they will be incorporated into the documentary center of the historical memory of Salamanca or the archive of the public body that is determine with reason.
Update of educational content
In order to disseminate knowledge of Spanish history and democratic memory and "the struggle for democratic values and freedoms," the law establishes the updating of curricular content for secondary education, vocational training, and high school to reflect the "repression that occurred during the war and the dictatorship."
Suppression of noble titles during the war and dictatorship
The Law abolishes a total of 33 titles of nobility and greatness of Spain granted between 1948 and 1978, including the Duke of Primo de Rivera, Duke of Calvo Sotelo and Duke of Mola.
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