The Insubordinate movement (Spanish: Movimiento insumiso or Insumisión, Catalan: Moviment d'insubmissió, Galician: Movemento insubmiso, Basque: Intsumisio mugimendua) was a mass antimilitarist movement of civil disobedience to compulsory military service in Spain, the movement lasting from the early 1970s until the abolition of conscription on 31 December 2001.
History
The immediate predecessor of insubordination was the movement of conscientious objectors initiated in the last years of the Francoist regime, a movement seeking legal recognition of the right not to perform the, then, compulsory military service on conscience or moral grounds. Conscientious objectors, therefore, refused to join the Spanish Armed Forces, but were nevertheless prosecuted and tried by it, and in many cases ended up in military prisons.
In 1984, the Congreso de los Diputados passed a law on conscientious objection, which recognised the rights of objectors, establishing an alternative civilian service of 18 months, called "Prestación Social Sustitutoria" (Substitutionary Social Service, PSS), as an alternative to 12 months compulsory military service. The previous objectors were then amnestied and freed from military obligations. A few of them, however, considered that the longer duration of the PSS penalised objectors, amounted to forced labour, and deprived ordinary workers of their jobs; they demanded complete abolition of military service. Those objectors therefore rejected the amnesty and returned to Spain apparently ready to be called up.
When the army tried to enlist them again, the so-called "Insumisos" (insubordinates) refused to join either the army or the PSS. By doing so they committed a crime and were tried again, but the existence of a largely unfavourable public opinion to compulsory military service made the judicial proceedings, especially when the penalty included imprisonment, a considerable political cost for the government.
Refusal to perform military service was punishable under the military penal code, and was part of the jurisdiction of the army, with a minimum penalty of a year in jail. Refusal to perform PSS was punished by the ordinary penal code, with two years, four months and one day in prison.
In subsequent years the number of young people refusing to join the army or, once recognised as conscientious objectors, refused to perform PSS, exponentially increased. If repression of the "insumisos" was difficult, given the broad social support that they had, it was even more difficult when undertaken by the military courts, because the military courts were denounced by antimilitarists as "judge and jury" in the army's own cause, and because the accused were not part of the army, but remained civilians. Also, the adjudication of civilians by military courts and sending them to prison evoked for many the Franco era. Thus, the army asked the government to release it from the task of repressing the insubordination movement, which was finally agreed by the government. From then the "insumisos" were tried by ordinary courts. Despite this, in the first years the ordinary courts continued applying military law. Later the ordinary courts judged the "insumisos" by applying a reformed version of the ordinary penal code that included the crime of refusing to perform military service, with an increased penalty to equate it to that applied for refusing to do PSS.
The Insubordination was a grassroots, nonpartisan and decentralised movement. Despite the nonpartisan character it was supported by several left-wing parties, like the United Left, Herri Batasuna, Republican Left of Catalonia, Galician Nationalist Bloc, Auzolan, Popular Unity Candidates, Socialist Party of Mallorca, Galician Socialist Party-Galician Left, Valencian Nationalist Bloc, Unitarian Candidacy of Workers, Communist Movement, LCR and many others. In all the major cities there were assemblies of "insumisos", co-ordinated with each other in different antimilitarist fora. The most important groups were the Conscientious Objection Movement (MOC), close to the ideas of nonviolence, and a constellation of groups generically called Mili KK, more linked to the extra-parliamentary left, although the dividing lines were never totally clear. Anarchist groups also played an important role in the antimilitarist struggle, promoting most of them total disobedience tactics (such as the CNT, CGT and FIJL organisations). In the late 1980s and the 1990s many antimilitaristic, magazines and groups appeared. On the eve of the disappearance of compulsory military service the number of "insumisos" exceeded the tens of thousands, probably more than the number of "no-insumisos".