Speech by President of the Government to the Committee of Ministers of the Council of Europe

Strasbourg (France)

Ambassadors,

It is an honour for me to address all of you at a location as emblematic as the Council of Europe. This space symbolises Europe's commitment to two great aspirations: democratic principles and the defence of human rights.

I speak to you as the President of the Government of a country, Spain, for which this institution has particular historical importance. Allow me to explain why.

42 years ago - in 1977 - Spain found itself immersed in a tough and complex transition from a dictatorship to democracy. Back then, the preliminary work had barely begun on providing us with a modern Constitution with due guarantees; a tool, in short, that was fundamental for dismantling the structures of an authoritarian centralist State that Spain had suffered from under 40 years of dictatorship and for rebuilding our democracy and its rule of law. At that time, there was still great uncertainty in Spanish society and a certain risk of back-sliding. If we had learned anything in Spain - through painful lessons over the course of our history - it was to not take for granted the transition from a totalitarian regime to a democratic regime in which democratic rights and liberties were fully guaranteed.

It was back then, in 1977, when Spain became a member of the Council of Europe. And that was a milestone of tremendous importance for Spain. While still undergoing this constituent process, this organisation welcomed a country - my country - in which democratic institutions began to take their first baby steps; a path down which, over time, has made us worthy creditors of full democratic consideration - one of the 19 in the world - according to the most prestigious independent observers.

Spain was - let's never forget this - the last dictatorship in Western Europe.

Now, four decades on, Spain is a country that has made the values that reflect the best of our society its own. Democracy is a legal architecture that is maintained on the fundamental principles of the law and of human rights, but democracy is also a space for progress and social well-being. I would also like to underline this, because it seems important to me at the time in which we live as a result of the inequalities suffered, to a great extent, by our compatriots.

Hence, Spain is a full democracy, and also because it is the world leader in the donation and transplant of organs. It is also a full democracy because it has an extraordinary universal healthcare system that makes it the second-ranked country in the world in terms of life expectancy. And it is also a full democracy because it has one of the lowest rates of criminal behaviour in the world. And because, lastly, it plays an active part at the main global multilateral forums.

And I would like to underline that Spanish society, and clearly this government, the government I represent, is firmly committed to shared multilateralism and the way of resolving many of the global challenges we face as societies. We submit our legal rulings to the International Criminal Court, to the Court of Justice of the European Union and to the European Court of Human Rights. In this last case, moreover, with the additional guarantee of the application for amparo before the Constitutional Court that our legal system recognises for each and every citizen of our country.

Hence, it is not a question of assigning sovereignty - and I would like to underline that today here before you - it is not a question of assigning sovereignty to alien forums. It is a question of sharing sovereignty, not assigning it. Sharing sovereignty with forums that help us to be better in something we consider pre-exists the very State itself, its own formation, which is human rights, its safeguard. You do not submit to a multilateral system when you act under a moral conviction, as Spanish society does. There is no assignment when you share the idea of the universal nature of rights that exist to protect; of rights that always found and will always find their protection at forums of this nature.

A few days ago, in this same city, at the headquarters of the European Parliament, I called for the need for a civic commitment to European values. I said that the time had come to actively protect Europe if we wanted Europe to protect the great achievements attained on our continent.

The basis of this mobilising action lies in the power of Europe to inspire, to transform through the strength of its values. Europe inspired the end of decrepit dictatorships on its Mediterranean shores, such as in Spain. Europe inspired the defeat of the Iron Curtain. And today, Europe even inspires beyond its own traditional geographic borders. You, at the Council of Europe, are well aware of this, when you accompany countries - for example in North Africa - to strengthen their institutions and also their rule of law.

Spain was another country in this great family of nations which, together, found the inspiration to move forward. The inspiration of Europe to move forward on something fundamental such as equality between men and women to become the country we are today. Let me tell you an anecdote that I feel is fairly illustrative of the progress made in Spain over these last 40 years. Spain left behind a time in which a woman could not use her own assets without the authorisation of a man - I am talking about 1974, not long ago - and at present has almost double the number of women as men on its Council of Ministers. This is truly inspirational for overcoming incomprehensible hurdles and for conquering new rights which were unthinkable just a generation ago. Today, we are pioneers in fighting any form of discrimination on grounds of sexual orientation, race or religion. We received inspiration from Europe in recognising our territorial diversity, which is rich, this should never be denied, and it is not a hurdle to prosperity but a source of wealth. Territorial, cultural and linguistic diversity as a wealth to combat the uniformity of the past.

If today we are one of the most de-centralised States in the world; if our autonomous regions enjoy broad legislative powers, if the four State languages (Catalan, Castilian Spanish, Basque and Galician) and our cultures have the highest levels of protection in our history, and above other countries that also have similar federal structures to ours, to those of Spain, then this is first and foremost down to the democratic commitment of Spanish society. But secondly, and I would also like to underline this, it is down to the inspiration of this Council of Europe and also of the European construction to history and to Spanish society.

That is the inspiration that has made today's Spain a full democracy, a modern democracy and an advanced democracy that takes on the principle of the separation of powers of a rule of law as its own; that advocates the independence of the judiciary and has one of the systems with the most guarantees in the world.

In times of fake news - I imagine you have addressed these issues here - of the creation of augmented realities and alternative events, I will never cease to call on the power of real, objective and verifiable facts. And I want to look more closely at some of these and share them with you.

Over the period 2013-2017, in just four years, the number of claims filed before the European Court of Human Rights that originated in Spain was well below the average of Member States as a whole. This is even more striking if we take into account the average number of sentences - barely six a year over this period - or if we look at an objective criterion such as the ratio of people.

I don't want you to see a sort of self-complacency in my words, not at all; quite the opposite; I want you to see this as a stimulus to ensure we don't take a backward step.

Being aware of what still needs to be done and improve is what spurs us on to continue moving forward, both in protecting liberties and in the full extension of social rights to our people.

I am aware that even so, despite the weight of the power of facts, there will always be those who base their political projects on false narratives to forge hatred and division. None of the countries present here is alien to this challenge. It is the destiny of our time that we must combat with the force of reason and facts, and we must do this emotionally. Because it is our very democracy that is at play if we allow these divisive and biased narratives to impose themselves.

A week ago, the Government of Spain began the process of ratifying the revised European Social Charter from1996. This is a fundamental and priority instrument, in our opinion, for the protection of social rights, which has the Council of Europe as its main backer, and I want to recognise that before each and every one of you present here today. My government had it clear from the outset that Spain would take this step. It is a gesture, in my opinion, of great practical, but also symbolic, importance. It illustrates our commitment to basic rights and to the European social model, the validity of which is key for Europe to continue to have the capacity of attraction that I mentioned earlier. The capacity to inspire, to strengthen and create hope, even beyond our borders, where the foundations of the rule of law and the safety nets of the Welfare State are weaker. Spain ratifies the Social Charter in order to remain placing demands upon itself, above all on this matter. And it takes on the recommendations of the Social Rights Committee and of the Council of Europe as an additional motivation.

The recovery of universal healthcare (which broke down some years ago) and the increase in the minimum wage - which we have increased over the course of this first month of 2019, to reduce inequalities and redistribute growth, to ensure that there are no poor workers in countries that are wealthy and enjoy growth - and the fight against labour poverty are the best evidence of the commitment of the government that I head up to the principles of the European Social Charter; and also to the Sustainable Development Goals of the United Nations 2030 Agenda - and I would like to stress this - which, in my opinion, is a genuine global social contract which my country wishes to be committed to.

Ladies and gentlemen, if we have learned any lesson from history, it is that you cannot govern while ignoring minorities, excluding voices or limiting rights and liberties. This is a lesson that my country learned the painful way.

That is why since 1978, our Constitution established a title - inspired to a great extent by the works of the Council of Europe - in which the fundamental rights and liberties of each and every one of our citizens are enshrined.

And that is why we gave ourselves a new territorial structure in Spain, which de-centralises both the legislative and the executive powers. This not only guarantees equality among the Spanish people, which is essential, but also that the specific features, differences and particularities of each and every one of the regions, which is a source of wealth in our country, are guaranteed on an equal basis in all of them whilst also guaranteeing the unity of Spain, always assuming, at any event, that unity does not mean homogeneity.

A full democracy does not acquire that status solely and exclusively through voting numbers; all of us here are aware of that. It acquires it because the rule of law, respect for institutions and the protection of human rights are not called into question, not even through the game of temporary majorities and minorities.

When tensions prevail over agreement, when a unilateral breakdown prevails over seeking consensus, and when simplistic, anachronistic formulas doomed to failure are advocated to resolve complex problems, then democracy is weakened and suffers.

When you resort to lying and manipulation; when grievances and invented nostalgias are promoted, then democracy is weakened and suffers. And, in the end, it is our citizens who unfairly suffer from this. If democracy wants to prevail, then it must face up to these challenges. And it must do this resolutely and with conviction. And it must do this by invoking an alternative narrative, or a narrative based on hope rather than fear of the future.

It is crucial to involve young people in this task, those who are most exposed to growing inequalities which halt social mobility - which is characteristic of our European social model - and which frustrate expectations we believed would be consolidated. The divorce between the economy and politics, in my opinion, is the greatest threat to the future of democracy. The bigger this gap between politics and the economy, the more chance the authoritarian narratives we are seeing in our societies have for success.

This year, ladies and gentlemen, the Council of Europe will celebrate its 70th anniversary. Let us remember where the yearning for a united Europe hails from. United not so much around physical geography, but rather around a united spirit and shared values; values and principles that identify us and unite us to face down the memory of barbarism.

We should not forget that The Hague Conference - which was the true origin of this Council - met barely three years after the most devastating war in the history of humanity concluded. We should not forget the lessons that the past offers to those who decide to seek refuge in exclusionary identities and xenophobia. Those who scorn what unites us and solely and exclusively stress what divides us. We should not forget that the failure of multilateral institutions and the trivialisation of democracy were the prelude to the worst tragedies on this continent which, unfortunately have left a fragile memory of events.

It has taken us seven decades to build a shared system of human rights, the rule of law and democracy that characterise the Council of Europe.

This constitutes our responsibility to history. Each and every one of us here today has a responsibility to history, to avoid two evils that would be irreversible: the first, as the Secretary-General mentioned, for Europe to be divided by a new breakdown between those citizens who have their fundamental rights protected by direct recourse to the European Court of Human Rights and those who lack this recourse.

The second would be that of diminishing the capabilities of the Council of Europe in its task of fostering human rights, the rule of law and democracy, as a result of the application of the Contingency Plan.

The means are as essential to a democracy as the end - all those of us here are aware of this. It would be hard for the Council of Europe to legitimately promote the rule of law abroad if it did not act pursuant to law in resolving the problems of its own institutional life, particularly what we are facing in regard to the Russian Federation.

It is essential for this relationship to be structured in accordance with the Treaty of London and its implementing regulations, taking into account the interpretive criteria of the competent authorities. We must build this relationship with political will-power and creativity, in collaboration - as is only right - with the Parliamentary Assembly. It is fundamental to foster those rights that help all Member States as such; but, in the same way, it is fundamental for us all to meet our obligations.

Allow me to underline two of these obligations which are fundamental in my opinion. The first is to make access possible to all the institutions and mechanisms of the Council of Europe throughout the whole territory of each State. And secondly, for all our citizens to be able to appeal to the European Court of Human Rights once domestic judicial channels have been exhausted.

Important steps have been taken by this Committee of Ministers and the Parliamentary Assembly, which I wish to acknowledge at this forum. And we welcome them and the recent decision for both bodies to engage in further dialogue as a framework for the joint search for alternatives.

We must hold - I spoke about this earlier with the Secretary-General - an annual meeting of the Committee of Ministers, which will take place in Helsinki on 16 and 17 May, a time which, in my opinion, is key for finding a solution to this crossroads. And we cannot allow this year to be the year to start-up a Contingency Plan, which is not, by any means a lesser evil. It is - let me state this clearly - a backward step. It is fundamental to search for channels that allow the full participation of the Russian Federation in the Council of Europe; that allow all the members to enjoy their rights and meet the obligations that correspond to them.

We share the Secretary-General's vision of making further steps towards protecting human rights, the rule of law and democracy. Spain is willing to makes its contribution and loyally take part in this responsibility that falls to all of us present here today.

We are facing challenges that those who seek shelter in the false safety of border can do nothing about. Migratory crises, global warming and conflicts due to a lack of basic resources are threats that already exist, that won't be stopped by a customs post; that cannot be tackled through isolation or self-absorption, but through cooperation, through cooperative leadership. In terms of migration, ladies and gentlemen, we must guarantee the integrity and security of our borders. But we must also, and I wish to underline this, guarantee the rights of all human beings, whether they be migrants or asylum-seekers.

This is not only a moral demand, which it also is. And that should be enough in itself. This is an act of justice towards our own past, towards ourselves as a land of emigration, which we were not so many years ago. Syria, and more recently, Venezuela, are clear evidence of a more recent drama, a disaster, that has repeated itself over the course of history under different names and with different participants.

Europe must rise to this challenge by asserting its own values. The denial of these values means denying our very selves, what we are today, and the painful lessons that this continent learned from its own history.

If it sometimes makes sense to call for a new form of multilateralism - which I made you participants of at the start of my speech - that must be effective and needs to be new, then it is precisely now, on the verge of the new technological revolution and with evidence of the environmental fragility of our planet.

Never before has so much been in play in such a short time span. And never before have we been so aware that by doing nothing we are condemning the generations to come. We are facing moral dilemmas that are not new, although the challenges we now face are.

More than two centuries ago, Benjamin Franklin reminded us of something that has always stuck in my mind, which is that societies that sacrifice liberty in exchange for security deserve neither one, nor the other. And finally, they end up losing both: security and liberty. This is a most opportune reflection in these times, on the verge of a debate on fourth generation rights; rights designed for new disruptive borders in the fields of cyberspace, new technologies, robotics and artificial intelligence.

The vision of a Europe that does not deny its essential values will need to be present at this debate; that does not sacrifice individual rights on the altar of a new digital authoritarianism; and that invokes a 21st Century humanism to tackle new horizons and borders of science without having to sacrifice liberty in exchange for security; democracy for authoritarianism; or economic growth for an inequality which is unfortunately on the rise.

Once again, I wish to call on young people in this time of transformation and change of era. Each generation has the right and the obligation to star in its own period drama. In conquering new rights let us allow young people to find a purpose. Let them star, in short, in their own period drama, as generations previously did in conquering other rights.

Everyone, at some time in our youth, in discovering idealism, has dreamed of a planet with a single sovereignty: that of human rights. Let's allow today's young people to continue to dream of this. And let's give them the instruments to continue being idealistic.

Ladies and gentleman, I will end now. I started my speech by recalling the role of the Council of Europe at a critical time in the history of my country, of Spain. Without that group action, without the encouragement of institutions and multilateral forums such as this, Spain would have had to go down a much more uncertain path to achieve full democracy. Without its support, Spain would not be the full democracy that it is today. It was the inspirational force of institutions such as the Council of Europe that helped us to move forward, to achieve the goal of building a State - and I don't tire of repeating this - a social and democratic State under the rule of law. Spain's commitment to this institution thus arose out of its own experience.

Hence, and I will end on this note, Madam President, there is no better way to pay tribute to the Council of Europe than by renewing our ties, the ties of Spain to this institution, to the defence of human rights which is undoubtedly its most emblematic feature.

Thank you.

Non official translation