The Francisco Franco Foundation has announced a change in its statutes in an attempt to prevent its illegalization, which the government has confirmed will happen in the near future. The private entity that defends the dictatorship revealed this change on their website in an article titled “Freedom of Thought: The National Francisco Franco Foundation protects itself and avoids its illegalization”. The foundation now promises to act with “maximum respect for the victims of any significance from the historical period of Spain between 1931 and 1977” in their statutes, in hopes of legally protecting themselves from the Democratic Memory Law.
This announcement comes after the Minister of Territorial Policy and Democratic Memory, Ángel Víctor Torres, stated on the radio that, “If a foundation, space, or place commemorates, pays tribute to, or glorifies someone who was a repressor, it has no place in democracy.” He emphasized that they are not going to illegalize the foundation, but rather extinguish it, as any association that openly praises the dictatorship cannot continue to operate in accordance with the Democratic Memory Law. Government sources clarified that the illegalization process is not imminent and several procedures still need to be carried out.
First, the Ministry of Culture must modify the law regarding foundations and associations to specifically include as a cause for extinction the “disregard and humiliation of the dignity of the victims” or “incitement to hatred”. Subsequently, the foundations protection office, under that ministry, would legally push for the extinction of the Francisco Franco Foundation due to the reasons mentioned in the memory law. The court could then, either on its own or at the request of a party, temporarily suspend their activities until a verdict is reached.
The process is still in its early stages, and the change in the foundation’s statutes may not be decisive if their actions and events continue to promote Francoism. In their latest article, the Franco Foundation argues that in a democracy, the consideration of ideas, regardless of their origin, should prevail freely and respectfully towards those who think differently. They also mention that a report by the General Council of the Judiciary on the Democratic Memory Law had already limited the government’s efforts to dissolve the Franco Foundation. However, the foundation’s dissolution does not appear in the Government’s 2024 Annual Regulatory Plan.
The foundation believes that their inclusion of respecting victims of the historical period between 1931 and 1977 in their statutes, as well as their commitment to avoid disrespect, discredit, or humiliation towards them or their families during their activities, will contribute to their legal protection. They claim that these changes have been approved by the government, as there has been no response to them. Despite their efforts to rebrand and present themselves as a legitimate entity, the government has made it clear that the foundation will eventually be extinguished in compliance with the law.
