The Law 20/2022, of Democratic Memory, is bearing fruit: three commissions are created to deal with the past
On April 23, the Council of Ministers approved an agreement creating three study and technical commissions already foreseen in Law 20/2022, of October 19, on Democratic Memory. The creation of each of these commissions was contemplated in the twelfth, fifteenth and sixteenth additional provisions of the Law.
In the twelfth additional provision, the establishment of a Working Commission on Memory and Reconciliation with the Gypsy People in Spain is considered. Its main objective is to draw up a report establishing the measures necessary to comply with the principles of truth, justice, reparation and guarantees of non-repetition regarding the historical situation of the Romany population in Spain.
It should be recalled that Gypsy population was constantly subjected to persecution and humiliation during the Civil War and Franco’s regime, starting with the raids of which they were victims when they were accused in 1939 of being carriers of exanthematous typhus. In addition, a series of regulations or legislative measures were generated that repressed the gypsy population: the Law of Vagrants and Maleantes (1933, modified in 1954), the Law of Dangerousness and Social Rehabilitation (1970), and the Regulation of the Civil Guard (1942) where it was stated that “the gypsies will be scrupulously watched” or “(…) it is convenient to take from them all the necessary news to prevent them from committing theft of horses or any other kind”.The fifteenth additional provision establishes the creation of a Working Commission for the economic reparation of victims of the war and dictatorship. Through this Commission, it is intended to study the economic reparation measures aimed at the victims of the war and dictatorship, to estimate the coverage achieved and the deficits that can be remedied through conclusions and recommendations.
In this regard, we can speak of Law 52/2007, the well-known and now repealed Law of Historical Memory. This legislative milestone was the first attempt to recognise and expand the rights of victims and establish reparatory measures for those who had suffered persecution or violence during the Civil War and the dictatorship. Through this Commission, it will be possible to determine whether the reparations recognised in this law, along with others, have been effective or if, on the contrary, they have been scarce, as the Special Rapporteurs on the promotion of truth, justice, reparation and guarantees of non-repetition, Pablo de Greiff and Fabián Salvioli, have repeatedly pointed out.
Finally, the sixteenth additional provision orders the establishment of a Working Commission for the study of cases of human rights violations against persons for their struggle for the consolidation of democracy. The purpose of this Commission is to prepare a study on the alleged violation of human rights of persons for their struggle for the consolidation of democracy, fundamental rights and democratic values, during the period between the entry into force of the Constitution in 1978 and December 31, 1983, in order to be able to recognise and compensate said victims.
By considering the period between the 1978 Constitution and December 31, 1983 as the time limit on which to focus the study and investigation of human rights violations against those who fought for the violation of democracy, it is being recognised that situations of violence and repression occurred after the end of the Franco dictatorship, already in an allegedly democratic period in Spain.
All the Commissions will have a period of one year to carry out their functions and prepare their respective reports. With the establishment of these bodies, it can be seen that Law 20/2022 on Democratic Memory is beginning to bear fruit through the recognition of various measures for justice, truth, reparation, guarantees of non-repetition and the memory of the victims of the Civil War and Franco’s dictatorship.
Nadia Gayoso de la Calle, head of the area of democratic memory and transitional justice.
