The Council of Ministers has approved the Royal Decree that establishes the procedure for the preparation of the catalogue of symbols and elements contrary to democratic memory and also creates the Technical Commission of symbols and elements contrary to democratic memory.

This Royal Decree complies with the legal mandate of article 36 of Law 20/2022, on Democratic Memory, which entrusts the General Administration of the State (AGE), in collaboration with all public administrations, with the preparation of a Catalogue that will incorporate the data provided by the autonomous communities and contain the list of symbols and elements that must be removed or eliminated, in accordance with the provisions of the aforementioned Law.

Withdrawal of symbols reminiscent of the coup d’état, war and dictatorship

The Law mandates the public administrations, as a duty of democratic memory, to develop those measures aimed at preventing the human rights violations that occurred during the coup d’état, the war and the dictatorship from being repeated. Among them, the elimination of symbols and elements contrary to it is contemplated, obliging the competent public administrations to adopt the appropriate measures for its withdrawal.

In short, all those buildings, shields, badges, plates, etc. Attached to public buildings or located on the public highway, as well as references in place or street, in which commemorative mentions are made in personal or collective exaltation of the military uprising and the dictatorship, of its leaders, participants in the repressive system or of the organizations that supported the dictatorship must be withdrawn.

This legal purpose is based on the fact that, in a democratic and advanced society such as ours, public symbols are an element of encounter of citizens in peace and democracy and never an expression of offense or grievance, suppressing elements of division and promoting cohesion and solidarity between the various generations of Spanish and Spanish people around constitutional principles, values and freedoms.

Technical Commission with participation of CCAAs and local authorities

With the aim of ensuring the full effectiveness of the legal mandate, objectivity and guarantees, and strengthening the coherence and coordination of public policies on democratic memory, the Technical Commission on symbols and elements contrary to democratic memory is created as an advisory body to the Ministry of Territorial Policy and Democratic Memory, which will have the objective of studying, monitoring, reporting and making proposals that are requested of it in matters relating to symbols and elements contrary to democratic memory, as well as to Places of Democratic Memory.

The Technical Commission contemplates the participation of representatives of the autonomous communities and local entities, as a guarantee of the necessary institutional cooperation and will have among its members a large group of professionals of recognized prestige, linked to the university environment and with an accredited trajectory in the fields of democratic memory, contemporary history, art history, architecture, political sciences and the conservation of cultural heritage. Their knowledge and commitment will be fundamental to guarantee the rigor, plurality and technical quality of the work carried out within the framework of this specialized body.

The AGE, since the entry into force of the Democratic Memory Act, has made progress in the removal of symbols and elements contrary to democratic memory within its sphere of competence. However, experience has shown the persistence of significant difficulties, both in public administrations as a whole and in privately owned property, which have prevented effective compliance with the rule. The elaboration of the Catalogue, which this Royal Decree establishes, will contribute to overcoming these obstacles, providing clarity and security to future actions and their fulfillment.