"I have presented an initiative for coexistence. We have
started the process. I want to express myself very clearly
and convey to Basque society my personal undertaking to go
down that road. We know that it will not be a simple matter,
but we have the right to hope. We have the right to find solutions.
We have the right to a future".
----------
"We know where we want to go and we have a valid alternative.
But, what is more important, we are convinced we have the
support of Basque society to attain our goal ".
These two paragraphs summed up the last section that ended
my presentation to this Parliament at the General Policy Debate
held exactly one year ago. In a nutshell, these paragraphs
contained the three principles that have characterised the
political policies of the Government of which I am President
- Our firm resolve to complete the process we have started.
- Our awareness of the difficulties and barriers ahead.
- Our confidence that the majority of Basque society will
have back our proposals in order to press forward.
A retrospective and unhurried glance at the events that
have occurred since the last General Political Debate was
held, will allow us to see to what extent these three elements
have had an impact on the political and social development
of the Basque Country and Spain. Moreover, it will help us
to pinpoint some of the key issues which will help us understand
the difficult and complicated scenario in which the Basque
Government has had to fulfil the undertakings made to Basque
society:
- A commitment to the defence of human rights and the social
construction of the Basque Country.
- A commitment to the development of the basic premises
for a new Political Agreement for Coexistence.
1.- The key issues of twelve months that have
left their mark on the political and social scene.
I do not intend to give a detailed description of all the facts
that have marked what has been a dramatic year, but I believe
it is necessary to highlight those events that, due to their
social importance and influence on the political scene, have
marked a point of inflection and whose effects, therefore, will
extend well into the new future.
Some of these events are no longer a surprise to anyone in Basque
society. A society which, in spite of its difficulties, has
been an example of maturity and serenity worthy of the highest
praise.
Our society wishes to put an end to a period marked by violence
and lack of political normalisation. Our society wishes to make
progress on the road towards finding a solution based on a respect
for the individual human rights of everyone and on the respect
for the collective decisions of the Basque People.
The key issue that has shaped the events that have marked the
political and social scene over the last year is the struggle
between Basque society's wish to make progress and those that
insist on blocking the road towards finding a solution. These
events are, in my opinion, as follows: a) Presentation
of the Proposal for Coexistence. Beginning of a new political
and social era.
The Basque Country is a country on the move, it is not rooted
in the past.
Ours is not an immobile society, but a society on the move.
In the second part of my talk, we will have the opportunity
of analysing in greater detail the process of debate and social
participation that has come about as a result of our Proposal
for Coexistence, presented in order to respond to the desire
for change in Basque society, but no one can deny that the
Proposal has marked the beginning of a new political and social
era and has become the central axis on which the strategies
of all the political players, both in the Basque Country and
in the State, are turning now and will turn in the future.
b) The violence of ETA. A constant infringement of the
most basic and elementary of human rights, the right to life.
Unfortunately, the continuing violence of ETA is a dramatic
feature of the last 40 years, with the exception of the truce
propitiated by the Lizarra Agreement.
ETA continues to be the maximum exponent of the violation
of the most basic and elementary of human rights, the right
to life, and for this reason, is rejected by the immense majority
of Basque society, which demands that it disappear forever.
The violence of ETA is a cancer that attacks the concept of
coexistence, destroys the life of innocent families and does
terrible damage to the image of the Basque People throughout
the world.
ETA continues to ignore the opinion of the people of this
country and provoke pain and human suffering. But it is clear
that the time when it shaped the political and social agenda
of this country has gone. Basque society has put its faith
in political and democratic channels in order to resolve conflicts.
We have placed a firm and well-conceived proposal on the table,
based on a respect for the wishes of the Basque People, and
this is going to make a decisive contribution to closing the
doors on violence and expelling ETA from our lives.
From this viewpoint, the presentation of this political proposal
initiates a new era, the post-ETA era. ETA is aware of this,
and has taken advantage of the media attention given to its
terrorists attacks in order to reject this way forward, because
it knows that any progress that is made in the process of
political normalisation will herald its definitive demise.
c) The crisis of the "Prestige" and support for the
War in Iraq. Two examples of a policy of the Spanish Government
far removed from the wishes of Basque society.
The environmental catastrophe of the "Prestige" and the
humanitarian catastrophe of the War in Iraq are linked by
a common factor: they are two of the most significant examples
of the enormous golf that exists between Basque society and
Spanish Government.
The first of these events has become the biggest ecological
catastrophe to affect the Atlantic coastline of Europe, and
was caused by the negligent decision of the central government
which house adopted an indifferent, distant and arrogant attitude,
more characteristic of an era which is now a thing of the
past than of a serious and responsible government. Faced with
this attitude of blatant inefficiency, the Basque Government
and our fishermen have had to work hard in order to clean
our beaches and coastline. No one has compensated us for the
more than €40 million which, up to June 30, the Basque Government
has had to advance in order to pay for the cost of cleaning.
And this figure will clearly continue to increase.
No one has apologised to Basque society for the environmental
damage or for the nuisance caused to thousands of people this
summer who have visited our beaches. But what is even more
serious, no one of responsibility in the Spanish Government
has been able to provide real information on the effects of
this catastrophe and its consequences for the future.
With regard to the enthusiastic support of the Spanish Government
to the war against Iraq, which was waged, supposedly, in order
to eliminate weapons of mass destruction (which, incidentally,
have still not been found), it only remains for me to say
that this decision was taken unilaterally by the Partido Popular
and Sr. Aznar
I wish to say categorically that it was an unlawful, unjust
and erroneous decision which continues to cause death and
suffering for thousands of human beings. I will simply state
that the decision to support the invasion of Iraq was done
without the backing of the United Nations, against the wishes
of our European allies and against the wishes of Basque society.
With regard to this war and its effects, we did not feel then,
nor do we feel now, represented by the Government of Spain,
as I informed the General Secretary of the United Nations,
Mr Kofi Annan.
d) The reduction in fundamental liberties and rights.
A step backward in the democratic process.
The Government of the Partido Popular, under the guise of
the "struggle against terrorism" is engaged in a systematic
reduction of liberties and represents a serious step backwards
in the democratic process.
This strategy, promoted by the Partido Popular with the inexplicable
support of the Partido Socialista, under the inappropriately
named "Agreement for Freedom and against Terrorism", has made
finding a solution to this problem even more difficult. The
solution is not to weaken democracy but to develop it still
further.
The passing of the Political Party Law and the subsequent
outlawing of Batasuna have led to a reduction in the freedom
of association and prevented thousands of Basque citizens
from freely exercising their right to vote for a specific
political option. And rather than helping to resolve the problem,
this makes the search for solutions even more difficult.
Moreover, the Political Party Law was rejected by this Parliament
and by Basque society itself. Consequently, we have presented
our appeal to the European Court of Human Rights, not in order
to defend a specific political group which, moreover, voted
in this House against appealing to the Constitutional Court,
but because we considered that both the aforementioned Law,
and the sentence of the Constitutional Court which endorses
this, contravene the fundamental rights contained in the European
Agreement for the protection of human rights, and represents
an unacceptable reduction of democratic liberties that is
of great concern to Basque society and should also be of concern
to Spanish society.
On the other hand, obedience to the strategy designed and
executed by the Partido Popular is destroying the credibility
of Basque society in one of the pillars of the Spanish democratic
system, in other words, the independence and objectivity of
the judicial power and specifically, the body that governs
the work of judges in Spain, i.e., the General Council of
Judicial Power.
The serious institutional conflict that the Supreme Court
has initiated against the Basque Parliament and the subsequent
lawsuit brought by the Director of Public Prosecutions before
the Higher Court of Justice of the Basque Country, against
the President and some of the members of the committee of
this Parliament, far exceeds what is politically, legally
and institutionally imaginable. To the point that this initiative
has even led to a confrontation with the Higher Court of Justice
of the Basque Country itself.
This is just one more example of the increasing politicisation
of the justice system and irrefutable proof of the ever wider
separation of powers existing in Spanish democracy, which
is not only perceived by Basque society and a part of Spanish
society, but also by the world. The survey “Economic Freedom
of the World 2003”, carried out by the Fraser Institute, points
out that Spain has dropped no less than 14 positions in the
economic freedom ranking since the Partido Popular has governed
with an absolute majority, and this is due mainly to a serious
and ever-greater reduction in judicial independence.
In the light of these events, I wish to express publicly once
more my absolute rejection of what I consider to be an unjustifiable
interference of the Judicial Power in the competences of the
Basque Parliament. I also wish to express my solidarity with
the President of this House and the members of its committee,
who have been unjustly accused, simply for defending the sovereignty
and economy of this Institution, the legitimate representative
of the wishes of Basque society and pledge the full support
of this entire Government. I wish to extend this solidarity
and support to all the civil servants and workers of this
Parliament whose work has been curtailed and whose professionalism
has been put into question.
Although this action has been the most controversial, it has
not been the only one. The extraordinary modification of the
penal code to increase the sentence for terrorist crimes up
to 40 years, is a step towards "life imprisonment" in the
words of Gesto por la Paz. This decision, together with the
creation of the Central Surveillance Court to ensure, from
Madrid, that the sentences imposed by the Supreme Court are
fully completed, represents the end of the policy of re-insertion,
one of the main premises of the Ajuria-Enea Agreement.
On the other hand, the closing of the Egunakaria newspaper,
followed by serious accusations of abuse and torture inflicted
on its Director and another nine people, not to mention the
added suspicion of a violation of the human rights of the
persons detained, is a clear infringement of the right to
information and an excessive measure against a Basque language
newspaper.
All these actions are only a few of the issues in the minds
of everyone and represent links in a heavy chain which, under
the guise of security and the struggle against terrorism,
is seriously limiting the freedom and rights of people. A
chain which is being built against the majority of the Basque
Parliament and the wishes of Basque society.
e) The May 25 elections. Ratification by Basque society
of a road towards a solution.
The municipal and provincial elections, held on May 25,
were preceded by a series of circumstances and special connotations
that put the results in a special light.
The Partido Socialista and the Partido Popular had presented
themselves for election as a kind of retaining wall in order
to derail what they call the " Ibarretxe Plan ".
By using the loophole in the D’Hont Law left by the outlawed
votes of Batasuna, they tried to prevent most of Basque society,
represented by the PNV-EA coalition and Izquierda Unida, from
continuing to move forward.
Well, Basque society accepted the challenge and responded
positively.
Firstly, despite a scenario weighed down with difficulties,
the number of abstentions was the lowest of all the municipal
elections held since the fall of the dictatorship. Seventy-one
per cent of Basques went to vote.
Secondly, the immobile policies of their Partido Popular,
Unidad Alavesa and the Partido Socialista, who rejected any
modification of the current situation, obtained 37% of the
total number of votes cast.
Thirdly, the PNV-EA coalition was the winner in the three
Basque Territories. For its part, Izquierda Unida, the third
partner of the Government, virtually doubled the votes it
obtained in the 1999 elections.
2. Two conclusions following this look back
at the last 12 months:
a) The first basic conclusion: Basque society has put
its faith in the concept of coexistence.
The five key points or events that have shaped the political
scene of the last twelve months held us to interpret the current
situation and to draw, in my opinion, a first, basic conclusion:
most of Basque society has put its faith in the concept of
coexistence and rejects proposals that only increased tension,
resistance to change and violence. This is borne out not only
by the election results that by all the opinion surveys that
have been conducted.
In short, Basque society:
- Supports Peace and rejects terrorism, war and
all violations of the right to life.
- Supports democracy and a respect for a plural society and
opposes democratic regression, the exclusion of a part of
our society and the violation of the fundamental civil and
political rights of people.
- Supports dialogue and does not understand threats and insults.
Because, he who rejects dialogue rejects the solution.
- Supports the solutions. Accepts and supports change because
it is not willing to prolong the conflicts of the past. It
is the moment to provide solutions. That is the majority requirement
of Basque society.
b) Second conclusion: Basque society is capable of overcoming
obstacles and of continuing to advance along the road towards
a solution.
This is the second conclusion drawn from a trajectory that
began with the Kursaal undertaking in February 2001. At that
time, a movement began which most of Basque society has seconded,
evermore enthusiastic about the change. This was demonstrated
in the May 13 2001 elections and has been ratified recently
in the May 25 elections of this year. Basque society has been
capable of overcoming all the is obstacles and difficulties
that have been placed along the road to a solution.
A road built on:
- The ethical commitment to the defence of human rights
of everyone.
- The commitment to the social construction of the Basque
Country upon the binomial of solidarity and sustainable
development.
- The commitment to the proposal for coexistence based on
our respect for the right of Basque society to decide its
own future.
The government over which I preside is determined to continue
advancing along the road in order to respond to these three
undertakings. In my account of how this has been achieved,
I am going to divide my talk into two parts.
In the first
part, I will highlight the main actions of the Government
in order to respond to our commitment to a defence of human
rights and the social construction of the Basque Country.
I will dedicate the second part to an exposition of the
bases of our proposal for a new Political Agreement for
Coexistence, as well as the subsequent process of debate
and processing.
_ _ _ _ _ _ _ _ _
Second Part:
Our commitment to developing a new Political Agreement for
Coexistence
Section I The road travelled up to now
a) Offer of an open dialogue …
One year ago, I pointed out the complete willingness
both of my government and myself to establish a political,
institutional and social dialogue that would enable us to
find a common ground, between all of us, based on mutual respect.
I have not only maintained, unwaveringly, this offer of an
open, nonexclusive and democratic dialogue, but wish to take
this occasion in order to reiterate my offer once more before
this House. The doors of Ajuria-Enea, my official residence,
have been, and will continue to be open at all times.
b) In response to my offer there has been a systematic
strategy of obstruction and impediment.
A strategy of obstruction that has been divided into
a number of different stages, each one of which has represented
an additional rung on the escalating ladder of tension with
the sole aim of preventing any kind of normal debate on the
Proposal for Coexistence.
One of the runs in the ladder has
been to reject dialogue and to manipulate the Proposal. The
Partido Popular is the only party that has the doubtful honour
of having refused to speak with the Lehendakari for the last
two years. But that is not all. They also have the nerve to
spread lies, branding it as the “Independence Plan”, “Associated
Free State” or “ETA's Plan”.
This strategy of obstructionism
has represented another attempt to create an atmosphere of
increasing tension. Phrases such as“we will build a wall in
front of the IbarretxePlan”, or even the proposal made by
Sr. López Aguilar, Justice Affairs spokesman of the PSOE,
to “use the secret services against the Ibarretxe Plan”, quoted
officially in the "El Socialista" magazine, represent some
of the manifestations uttered during the days leading up to
the municipal elections.
Contrary to the declared aims of
obstructionism, the results of the municipal elections have
created a new rung in the ladder of insults and threats. Public
messages such as “the Law shall be applied whatever the consequences”,
“it will be necessary to resort to exceptional measures to
make the Basque Government see reason”, or “we will stop the
referendum at any price”, can be found in the newspaper and
periodicals libraries for the shame of those who claim to
defend democracy.
The most serious rung on this strategic
ladder of tension is the attempt to destabilise our institutions,
and the latest episode represents a direct attack on the sovereignty
of the Basque Parliament.
We do not know what the next step
will be in the escalation of tension, the aim of which is
to prevent the normalised debate of political projects, but
what we can say is that we are going to defend the respect
for and sovereignty of our Institutions with all the political,
social and legal instruments at our disposal. Peacefully and
with propriety, but also with determination.
c) In spite of
everything, the proposal “has set Basque society alight” …
Because we are a progressive country, not a country anchored
in the past, and in spite of all the lies, calumnies and defamatory
remarks, the Proposal for Coexistence is deeply rooted in
Basque society. A society that looks upon this proposal as
an intrinsic part of the solution.
For this reason, society
has responded positively and made thousands of contributions.
The Proposal has been thoroughly analysed and debated in the
universities, professional and social circles, and as a result,
a large number of contributions have been made to the debate,
many of which have been published.
Likewise, more than 33,000
Basque families have taken a direct part in this process,
and have sent us their thoughts and questions and this has
allowed us to widen the debate and respond to more than 130
questions relating to this matter.
The efforts being made
in the Basque Country, the State and abroad, have allowed
us to develop a widely participative process and include thousands
of contributions for the development of the basic premises
that I am going to set out now.
Section II Fulfilling a commitment:
Developing the bases for a new Statute of Free Association
with the Spanish State.
As a result of the process of debate
and the contributions that have been received, the Government,
in the exercise of its powers and responsibility, has made
a concerted effort to reach a level of internal consensus,
allowing us to respond to the commitments we made to society
in September of last year. In this regard, I am going to set
out, in the name of the Government, the Proposal for a new
Political Agreement with the State, based on the ten basic
premises that I disclosed to this House during the last Debate
on General Policy.
Nevertheless, I wish to announce that all
the aspects and contents that have been included in this proposal
in a well-defined and clear manner, will be set out later
in the articulated text of a new Basque Political Statute,
which will be passed by the Cabinet of the Government on October
25 as a Bill to reform the Statute currently in force, and
shall be later put to this House for its information, examination,
debate and vote.
Before I begin to set out the contents of
the Proposal for a new Political Agreement for Coexistence,
please let me make a number of observations to provide a setting
for this Proposal:
First Observation
The Basque Government has the legitimate
right to present a proposal for reforming and modifying the
Statute passed in 1979.
And it does this in accordance with
the provisions contained in article 46 of the Statute itself,
that entitle the Basque Government, the Basque Parliament
or the Parliament of the Spanish State, to take the initiative
for statutory reform.
In the same way that the Basque Government
does not deny the authority of the other two legitimate institutions
to exercise this right, in return, we demand a respect for
and recognition of our legal legitimacy to carry out this
initiative.
Second Observation:
The Basque Government has
every political and social right to make this Proposal.
This
Government, made up of three parties with very different political
outlooks, i.e., the PNV, EA and Izquierda Unida, is the repository
of the democratic and institutional legitimacy, conferred
upon it by the fact that it is a Government supported with
the votes of 684,000 inhabitants of the Basque Country, representing
47.7% of the total number of votes cast. In comparison, the
present Government of Spain, which has an absolute majority,
has the support of 42.2% of voters.
The Proposal, in short,
has complete social legitimacy, because it responds to the
demands for change of a large majority of Basque society,
on the basis of mutual respect and freedom to decide our own
future.
Third Observation:
The Proposal represents a commitment of
the Government and the Lehendakari to Basque society. This
Proposal is not, therefore, something we have invented, nor
is it our "Midsummer night's dream", but an undertaking made
to all the citizens of the Basque Country, contained in our
Government Agreement. It is, moreover, an institutional undertaking
that responds to the parliamentary mandate passed on July
12 2002 in a plenary session of this House.
Fourth Observation:
The Proposal is not put forward in terms of breaking off,
but of coexistence.
It is not presented, therefore, to force
a separation but to coexist according to terms of mutual respect.
We propose friendly relations between the Basque Country and
the Spanish State in an open and flexible interpretation of
the Constitution, under its first additional provision and
its second derogatory provision, and in agreement with the
stipulations contained in the additional provision of the
Statute of Gernika.
The fundamental basis of our proposal
is a new political model of relationship based on the democratic
will of Basque society and on the respect and modernisation
of the historical rights of the Basque People, contained in
the Statute and in the Constitution.
Any legal difficulties
can be overcome if there is the political will to do so. It
is not true that the legal texts prevent a new political Agreement
from being reached. Let us not hide behind legal barriers.
The majority will of Basque society can and must be incorporated
into the legal code. Rules and regulations must respond to
the democratic will of citizens and of peoples, because the
law is an instrument at the service of societies to improve
coexistence.
Fifth Observation:
This is a Proposal open to
debate and to contributions.
The Proposal we present here
is not the political project of the PNV nor is it the project
of Eusko Alkartasuna, or of Izquierda Unida, nor does it replace
any of its statutes. It is the institutional proposal of the
Basque Government, with all the importance that this involves
and, therefore, does not impede political debate or social
debate It is an important part of the solution, but it is
not the entire solution. All the political parties represented
in Parliament, including the parties that form part of this
Government, have the legitimate right to put forward their
own thoughts and contributions at all stages of parliamentary
debate. The Proposal is a starting point presented by the
Government and its entire contents, from first to last, can
be changed, if these modifications achieve a larger consensus
than the one presented initially.
Sixth Observation:
It is
a democratic Proposal.
The democratic spirit presides over
the entire process and its final results.
In a democracy,
any project may be presented and defended peaceably and democratically,
because in the end it will be Basque society, each and every
one of the citizens of the Basque Country, who will, with
our personal and untransferable vote, ratify, in the last
analysis, the model of relationship and coexistence that we
wish to achieve, both internally and with the Spanish State.
Seventh Observation:
It is a modern Proposal for the Basque
Country's relations with the State, with Europe and the world.
European regulations do not in any way prevent or prohibit
the model of internal relationship between the Basque Country
and the Spanish State, based on free association and shared
sovereignty. Not only does it not prevent this, but fosters
and encourages relationships of cross-border co-operation
between regions and territories, with cultural, historical
or common economic ties, belonging to different States.
Let
us not use Europe as a subterfuge, therefore.
The normalised
presence of sub-State entities and nationalities and regions
in the different decision-making bodies and processes of the
European Union, are set out expressly in community regulations
and are being applied in a totally natural manner by many
member states.
Eighth Observation:
It is a Proposal that rejects
nothing, nor does it oblige other nations and regions located
within the Spanish State to do anything.
The proposal does
not prejudge or condition the development of the current model
of the Spanish State.
It is a Proposal compatible with the
future development of a pluri-national, asymmetric State and
it is not for us to prejudge the development of the State
model mark the tendency that other Peoples legitimately wish
to impose. We do not put forward this Proposal in order to
oblige others to follow suit, nor to prevent them from going
their own way. We do so because we wish to find a formula
of coexistence that will allow us to respond to the wishes
of Basque society and to guarantee a respect for our national
identity within the Spanish State.
Ninth Observation:
It is
a proposal that respects the wishes of Navarre and Iparralde.
The Proposal we are putting forward involves exclusively the
Community of the Basque Country, made up of the provinces
of Araba, Bizkaia and Guipúzcoa, in a new Political Agreement
for relations with the Spanish State. From this standpoint,
the proposal sets out clearly a respect for the citizens of
Iparralde and the Autonomous Community of Navarre, to decide
freely upon the framework of internal and external relations
they wish to have. A Proposal which is, without doubt, more
respectful of the democratic decisions of everyone involved
than the provision for "incorporation" in the Spanish Constitution.
Tenth and last Observation:
The Proposal respects the right
that assists the Basque People to decide freely and democratically
its own future.
The right of peoples to decide their own future
is one of the basic premises for coexistence and democracy,
and is contained expressly in other international agreements,
in the Universal Declaration of Human Rights, in the Constitutive
Charter of the United Nations Organisation and the International
Agreement of Economic, Social and Cultural Rights, as well
as in the International Agreement of Civil and Political Rights,
ratified by the Kingdom of Spain.
With regard to the Basque
Country, this right was, moreover, proclaimed institutionally
by absolute majority of the Basque Parliament on February
15 1990
_ _ _ _ _ _ _ _ _ _ _ _ _
Based on these observations,
I am now going to set out the contents of the new Political
Agreement for Coexistence.
1.- Introduction
The new Political Statute of the Community
of the Basque Country shall contain an Introduction outlining
three basic premises and our Political Declaration.
The Basic
Premises of the New Agreement:
First Premise:
The existence
of the Basque People or Euskal Herria as a People with its
own identity within the community of European peoples, repository
of a singular historical, social and cultural heritage, distributed
geographically in seven Territories, currently articulated
in three different legal-political regions, and located in
two different States.
Second Premise:
The Basque People have
the right to decide their own future, a motion passed by absolute
majority of the Basque Parliament on February 15 1990, and
in accordance with the right to self-determination of all
peoples, recognised at an international level in the International
Agreement of Civil and Political Rights and in the International
Agreement of Economic, Social and Cultural Rights, among others.
Third Premise:
The exercise of the right to decide their own
future, which corresponds to the Basque People, is based on
a respect for the right of the citizens of the different legal-political
regions in which it is currently articulated, to be consulted
in order to decide their own future. In other words, by respecting
the decisions of the citizens of the present Autonomous Basque
Community, the decisions of the citizens of the Autonomous
Community of Navarre, and the decisions of the citizens of
the Basque Territories of Iparralde.
_ _ _ _ _ _ _ _ _
Political
Declaration:
In accordance with these three premises and forming
an integral part of the Basque People, the citizens of the
present Autonomous Community of the Basque Country, made up
of the Provinces of Araba, Bizkaia and Gipuzkoa, in exercise
of our democratic will and in virtue of the respect for and
modernisation of our historical rights set out in the Gernika
Statute and in the Spanish Constitution, declare our wish
to draw up a new Political Agreement for Coexistence.
This
Political Agreement is based on the proposal for a new political
model of relationship with the Spanish State based on free
association and compatible with the possibilities for the
development of a pluri-national and asymmetric State.
2.-
Articulated development of Basic Premises of the new Agreement:
The legal recognition of our national identity, the right
to decide our own future and the defence of the basic rights
and obligations of Basque citizens….(Basic premise no. 1).
The Basque People have existed as a People, with their own
identity, since the dawn of civilisation. For this reason
and as an integral part of the Basque People, the citizens
of the Provinces of Araba, Bizkaia and Guipúzcoa, that make
up the present Community of the Basque Country, claim the
right to decide our own future.
This is an essential democratic
right, because anyone who denies us the right to decide shall
first have to deny us our identity as a People and afterwards,
once such a claim has been ruled out by the evidence, will
have to reject democratic principles in order to continue
denying us the right to decide our own future.
Consequently,
the development of this basic premise involves including the
official recognition of Basque nationality, as well as the
right of Basque citizens to decide their own future.
Likewise,
this basic premise develops the commitment of Basque Institutions
to safeguard, defend and guarantee the exercise of the basic
rights and liberties of all Basque citizens, especially those
with direct links to human rights, the participation of society
and the right to good government and an efficient administration.
For this purpose, the articulated regulation of the proposal
includes, among others, the following aspects and contents:
Articulation of the democratic exercise of the right to decide:
As an essential instrument to exercise the right of Basque
citizens to take decisions, the Basque Parliament has the
right to regulate and manage democratic soundings of public
opinion through referendums.
Clearly, the right to carry out
democratic soundings of public opinion does not constitute
an essential element in the structure of the State. Therefore,
the exercise of our right to decide is coherent with the first
additional provision of the Constitution and with the democratic
desire of Basque society to attain self-government.
In accordance
with the decision of the Supreme Court of Canada, which interprets
current international law, the commitment not to exercise
unilaterally the right to self-determination and the explicit
recognition of the obligation to open the process of negotiation
and agreement with the State, is an inherent feature of international
law.
In this sense, when the soundings of public opinion propose
complete or substantial changes in the model and regime of
political relations with the Spanish State, as well as relations
with Europe and the international community, regulated in
the new Statute, and Basque citizens, in the democratic exercise
of their free decision, declare their clear and unequivocal
will in this respect, the Basque Institutions as well as those
of the State, will consider themselves committed to guaranteeing
the process of negotiation in order to establish the new political
conditions that will allow the democratic will of Basque society
to be materialised by common agreement.
Recognition of Basque
citizenship
Basque citizenship is formally recognised for
all those persons resident in one of the municipalities of
the Basque Community. Thus, all Basque citizens shall enjoy
the same rights and obligations without any kind of discrimination.
For this purpose, the public authorities of the Basque Country
shall safeguard the exercise and defence of the basic rights
of Basque citizens within the Basque Community.
Likewise,
the Basque Parliament shall be responsible for the constitutional
development of fundamental rights relating to the participation
and right to representation of Basque citizens in the political,
economic and social life of the Basque Community, by regulating
the creation and recognition of political parties, trade union
organisations and business associations.
Recognition of Basque
nationality
We try to avoid false demagogic accusations relating
to the existence and recognition of a Basque nationality,
in accordance with the pluri-national nature of the Spanish
State. In this sense, the recognition of Basque nationality
for all Basque citizens, with the same validity as Spanish
nationality, is officially established. No one may be discriminated
against because of their nationality nor be arbitrarily deprived
of this.
The Law of the Basque Parliament that regulates Basque
nationality, shall abide by the same requirements demanded
by the State for the acquisition, loss and accreditation of
Spanish nationality. Basque nationality shall be totally compatible
with Spanish nationality, so that it will not be necessary
to renounce Spanish nationality in order to enjoy Basque nationality
and vice versa.
Human Rights and Liberties
The new Political
Statute establishes, as a priority issue, the defence and
protection of human rights and liberties.
For this purpose,
the Basque Parliament shall contain a specific chapter to
deal with the defence and protection of human rights and liberties,
within the framework of the approval of a Charter of Civil
and Political Rights and Obligations of Basque citizens, which
will include the rights and obligations set out in the Constitution
and in the Treaties of the European Union, as well as those
included in International Treaties of Human Rights.
Likewise,
a Parliament Development Law will regulate the creation of
an Observatory of Human Rights and Liberties as an independent
instrument to safeguard the defence of human Rights of all
persons, without distinction.
Participation of society
Among
the rights of Basque citizens, the new Political Statute articulates
the participation of society not only in the socio-economic
sphere, but also in the other social, cultural and educational
areas included in the political activities of Basque Institutions.
Likewise, the mechanisms that enable citizens of the Basque
Country to submit legislative proposals to the Basque Parliament
will be established.
Right to Good Government and Good Administration
A specific chapter shall be included in which all Basque citizens
shall be guaranteed the transparent operation of the Administration,
the right to information and obligation to guarantee efficiency
and efficacy in the management of public services.
Freedom
of relations with the Autonomous Community Navarre and with
the Basque Territories of Iparralde (Basic premises 2 and
3).
The development of these bases is based on the right of
other citizens of the Basque Community, of the Autonomous
Community of Navarre and of Iparralde, as members of the Basque
People, to establish any political links and internal relationships
they consider to be appropriate for their development and
well-being, without any other limitation than their own will.
From the democratic point of view, what arguments are there
to impede, hinder or forbid the citizens of the Basque Community,
of the Autonomous Community of Navarre and Iparralde to create
closer political, social and cultural ties, if they wish to
do so? Who do we harm by doing so?
Based on this premise of
respect for the democratic decisions of all individuals, we
propose something which is really very simple:
First: That
the Basque Community and the Autonomous Community of Navarre
may establish any political links and internal relationships
at a municipal and territorial level that they consider to
be the most appropriate, without any other limitation than
the will of the citizens of each respective Community.
Second:
That, in consequence, the State should not place restraints
on the democratic will and should respect the Co-operation
Agreements and Accords between both Communities.
Third: Although
the current Gernika Statute and the Spanish Constitution include
the possibility for Navarre to join, should it so wish, the
Autonomous Basque Community, I wish to announce that it is
our intention to improve these provisions in terms of respect
for the wishes of all the parties. Thus, we wish to point
out that no one will have to join anyone else's political
project. Consequently, should the citizens of the Basque Community
and those of the Autonomous Community of Navarre decide freely
and democratically at any time in the future, to construct
joint political projects and political structures, whatever
these may be, of whatever nature and intensity, it will only
be because, firstly, each one of us will have decided to do
so on an individual basis and after that, a joint decision
will have been taken.
Fourth: With regard to the relationships
with Iparralde in the new Political Statute, the capacity
to sign bilateral treaties and agreements is proposed to enable
closer relations and develop instruments of co-operation at
a municipal and regional level, using the potential of cross-border
co-operation, which is being applied so profusely throughout
Europe.
The configuration of an autonomous Basque Judiciary
(Basic premise no. 4).
In the development of this basic premise,
the articulation of an autonomous judiciary is proposed, in
order to complete, together with the executive and the legislature,
the powers of Basque self-government.
Our desire is to express
our political singularity, in a sensible and rational manner,
in the form of an autonomous Judiciary. So that the Basques
can decide how we want to improve the organisation and management
of the administration of the legal system, so that Basque
judges and magistrates can have their own organs of government,
and so that Basque society can have, in short, a more natural
relationship with the legal system.
The regulation of an autonomous
Judiciary involves acknowledging the Higher Courts of Justice
of the Basque Country as the highest level of the Basque Judiciary,
reserving for the Supreme Courts powers relating to the unification
of doctrine and resolving conflicts of authority and jurisdictions.
This reservation of powers for the Supreme Court, together
with the guarantee of applying the same procedural laws as
in the State as a whole, ensure, without doubt, a scrupulous
respect for jurisdictional unity and independence, providing,
furthermore, the framework of coordination with the State
and Europe.
On the basis of these considerations, the articulated
regulation of the proposal includes, among other things, the
following aspects.
- The highest authority in the Basque Judiciary
is the Higher Courts of Justice of the Basque Country.
- The
powers of the jurisdictional bodies in the Community of the
Basque Country extend to all orders, authorities and levels,
irrespective of the law applied, and without exclusions, that
is, including the current powers of the Supreme Court.
- The
Supreme Court will be responsible for unifying doctrine and
resolving conflicts of authority and jurisdictions. Likewise,
recognition is given to the jurisdiction of the Constitutional
Court and the European Court of Human Rights, concerning the
protection of basic rights.
- A Basque Judicial Council as
the organ of government of the Judiciary in the Community
of the Basque Country, which will exercise its functions and
powers in collaboration with the General Council of the Judiciary
of the State.
- The Basque Judicial Council shall appoint
the President of the Higher Court of Justice, of the senior
members of the Court and shall be responsible for developing
and applying the essential criteria established in the Organic
Law of the Judiciary, in matters dealing with the selection,
provision, training, disciplinary regime and retributions
of Secretaries, Judges, and Magistrates and Public Prosecutors
in the Community of the Basque Country, taking into consideration
the preferential nature of the knowledge of Basque law and
the Basque language.
- The composition of the Basque Judicial
Council shall be regulated by the Law of the Basque Parliament,
with criteria of independence and mixed composition.
- The
Attorney General of the Higher Court of Justice of the Basque
Country shall be appointed by the Basque Judicial Council.
A Law of the Basque Parliament shall regulate the operation
of the Attorney General's Office within the Community of the
Basque Country, who will be responsible for the defence of
all aspects of the law.
- With regard to the administration
of Justice, the Community of the Basque Country shall exercise
all executive powers, in application of the same procedural
principles by which these are governed in the State, establishing
a framework of co-operation with the Spanish Ministry of Justice
to guarantee coordination with the State and Europe.
- Civil
servants at the service of the Justice Administration shall
be controlled by a Law of the Basque Parliament.
- The Basque
Police shall act as a Judicial Police Force at the service
of the Judiciary.
In short, we do not dispute jurisdictional
unity, nor the figure of the Supreme Court, which will be
responsible for unifying doctrine and resolving conflicts
of jurisdiction between the judicial bodies of the Community
of the Basque Country and those of the State.
We make this
proposal, in the awareness that what we are proposing will
involve changes in the organic laws relating to the Judiciary.
However, no one can claim that proposing changes in the organic
laws is unconstitutional or contrary to the substantial structure
of a democratic State, because that would untruthful.
Moreover,
many of the measures proposed have been considered in some
way in the studies of the Judiciary made by the General Council
itself, in order to improve the public Justice service of
the State.
Guarantee our identity and strengthen our self-government
(Basic premises 5, 6, 7 and 8)
.
I am going to deal with the
four basic premises that make up the fundamental core of the
exercise of Public Power in the Community of the Basque Country
under the same heading. These basic premises contain aspects
more directly related to internal institutionalisation, our
own identity and with a strengthening of our self-government.
In short, with the well-being of our society.
We aspire to
securing more powers than we have at this time because we
consider that this is the wish of the majority of Basques
society. But we aspire to obtaining not only more quantity,
but especially more quality in our self-government.
We want
the right of Basque Institutions to plan their own political,
economic, infra structural, cultural, labour and social organisation
to be a truly objective reality and not merely a nominal declaration
subject to the vicissitudes of unilateral interpretation by
the State.
For this reason, we are going to propose in the
new political Statute a clear definition of what policies
and powers the State exercises on an exclusive basis in the
Basque Country. What policies and powers are exercised exclusively
by the Basque Institutions and what exclusive policies and
powers are subject to a specific system of collaboration.
All this in accordance with a spirit of mutual respect, in
order to avoid a doubling-up of functions and in order to
improve, as a consequence, the efficiency in the way that
public services are managed and provided for the citizens
of the Basque Country.
Let no one try to present our approach
as a unilateral attempt to establish the distribution of powers.
We present a proposal which, whatever happens, should be debated
in this House, for subsequent approval by an absolute majority
of the Basque Parliament, and then negotiated with the State
and, finally, ratified by Basque society.
In accordance with
this approach, we propose that the exercise of the public
power between the State and Basque Institutions be distributed
according to the following terms
I.- Exclusive Public Policies
of the State in the Community of the Basque Country
I. 1.-
In the Community of the Basque Country the following policies
and issues are reserved exclusively for the State:
- Spanish
nationality, immigration and the right to asylum, notwithstanding
the shared nature of emigration and immigration policies,
in accordance with their effect on the social policies of
the Community of the Basque Country.
- Defence and the Armed
Forces.
- The production, sale, possession and use of weapons
and explosives.
- The monetary system.
- Customs and import
duties.
- Merchant Navy, registration of ships and aircraft,
control of airspace.
- International relations, notwithstanding
actions with external repercussions for which the Community
and the Basque Country has authority as set out in this Statute.
I. 2.- Likewise, in the Community of the Basque Country,
the State is responsible for drawing up common legislation
in the areas listed below, notwithstanding the capacity of
Basque institutions to develop and adapt this legislation
to their substantive law, as well as for exercising their
authority to impose these.
- Penal, penitentiary and procedural law,
notwithstanding the particular nature of Basque substantive
law.
- Mercantile law, notwithstanding the development of
the bases of contractual obligations of a mercantile nature,
as well as the bases of contracts and administrative concessions.
- Civil legislation, notwithstanding the Basque Country's
own private law.
- Intellectual and industrial property legislation.
- Weights and measures, verification of metals and determination
of official time.
The Community of the Basque Country shall
contribute general costs corresponding to the exclusive policies
of the State within its territory, by means of an overall
quota within the framework of the Economic Agreement.
II.-
Exclusive Public Policies of Basque Institutions Basque Institutions
Basque Institutions shall have direct responsibility for public policies not expressly
reserved for the State in the new Political Statute.
Thus,
the Community of the Basque Country shall have exclusive authority
for all subjects and powers with reference to the following
exclusive public policies:
- Self-organisation and internal
institutionalisation policies.
- Educational and cultural policies.
- Linguistic policy. The Basque language.
- Treasury and Patrimony. Fiscal, financial and taxation policy.
- Territorial planning, housing and environmental policies.
- Natural resources, infrastructures and transport policies.
- Economic activity planning policies.
- Economic-financial sector policies.
- Social and health policies.
With regard to Legislative Authority,
the Community of the Basque Country shall have the following
powers:
- In public policies of an exclusive nature, the Community
of the Basque Country shall have the right to draw up and
to develop legislation. Laws put forward by Basque Institutions
shall be the only ones applicable in the Community of the
Basque Country, notwithstanding, when appropriate, the direct
application of European law.
- Likewise, in their policies
of an exclusive nature, Basque Institutions shall also be
responsible for transposing the provisions of the European
Union that require this to the Basque Country's own legal
system, notwithstanding their direct application, if appropriate.
- The State may not reserve for itself the regulation by organic
laws of public competences and policies attributed to the
Community of the Basque Country on an exclusive basis.
- The
Community of the Basque Country shall exercise legislative
powers in all those public policies and areas not expressly
ascribed to the State.
With regard to executive powers:
- Basque Institutions shall have sold responsibility for applying
all laws and public policies in their territory.
- Basque
Institutions shall have the right to manage and administer
public services and other kinds of services required to play
laws, including inspection and revision functions.
- The regulations
and instructions announced by Basque Institutions shall be
applicable only within the territory of the Community the
Basque Country.
- Should the exercise of powers by the Basque
Institutions affect other external Communities, the corresponding
agreements of corporation and collaboration will be drawn
up with them.
- The Basque Institutions may assign representatives
of the administrative organisations, financial institutions
and Spanish public companies, whose actions affect the competences
or interests of the Community of the Basque Country.
III.-
Specific Public Policies
Lastly, specific regulations are
included for three exclusive public policies of the Basque
Institutions which, in view of their characteristics, require
a special system of collaboration with the State.
The Public
Safety Policy.
In accordance with this policy, the Basque
Institutions are provided with government and safety functions
for the protection of persons and properties, as well as their
own police corps or Ertzaintza.
Likewise, the public function
which, within the Community of the Basque Country, must be
carried out by the security forces of the State, is recognised
inasmuch as they are responsible for providing public Safety
services associated with public policies attributed to the
State on an exclusive basis in the Community of the Basque
Country.
For the purpose of guaranteeing the coordination
between both public safety forces with regard to those crimes
that affect both the Community of the Basque Country and the
State, a mixed Safety Council is established.
Socio-employment
policies:
The Community of the Basque Country has the legislative
power and the power of enacting laws in the fields of employment,
training, and the prevention of hazards in the workplace.
The Community of the Basque Country shall exercise its exclusive
powers in socio- employment matters in accordance with the
rights and essential obligations of workers and owners contained
in State and European legislation.
Likewise, instruments of corporation will be established with
the State and with the European Union for the exercise of
the aforementioned competences by the Community of the Basque
Country.
On the basis of these instruments of corporation and collaboration,
Basque Institutions may determine the representativeness of
union and owner organisations in accordance with strict criteria
of democratic representation. Likewise, Basque Institutions
shall determine the system of collective negotiation and its
efficiency, based on the respect for agreements made between
union and owner organisations.
Social protection policies:
The power of Basque Institutions to develop the legislation
of the State in matters dealing with social insurance and
social security, as well as the management of the public system
of social security itself. For this purpose, the Community
of the Basque Country shall have its own social security budget
which will include the collection of contributions. In all
cases, the consolidation of the public system to ensure sufficient
social care and services for all Basque citizens, in accordance
with the principles of non-discrimination and solidarity with
the rest of the State, is guaranteed.
Likewise, the principle
of unity of the financial resources of the system as a whole
will be guaranteed by means of the formula of the Economic
Agreement, through which the economic flows, inspection mechanisms
and guarantees and obligations of solidarity with the social
security system as a whole will be regulated.
The Basque Country
in Europe and in the world, with its own voice (Basic premise
9).
The Basque People have formed part of Europe since its
beginnings and the European Union is configured today as the
space into which our own personality and our own framework
of internal and external relations must be incorporated.
The
Community of the Basque Country, as an integral part of the
Basque People, has the right to participate with its own voice
in Europe and to develop any social, economic, political and
cultural relationships on the international stage that maybe
necessary to defend its self-government and in order to project
its identity on the international stage.
We, the Basques feel
a sense of participation and solidarity with the State, Europe
and the international community. We are not an isolated people,
nor have we ever been so. We are an open and supportive people.
We live in a globalised and interrelated world in which the
problems of others are also our problems, and the problems
that affect as, also affect other peoples and nations throughout
the world.
Consequently, the articulated regulation of this
basic premise inclusive following aspects and contents:
Relations
with the diaspora
The new Basque Political Statute recognises
all persons resident abroad whose last place of residence
was in the Community at the Basque Country, as Basque citizens
with all the rights inherent to this condition. Likewise,
it includes the commitment of Basque Institutions to foster
social, economic and cultural links with members of Basque
Community's abroad.
Relations with the European Union:
The
recognition and respect for the new Basque Political Statute
in Europe is included as the framework of the relationship
between the Community of the Basque Country and Spanish State.
Likewise, it includes the right of the Community of the Basque
Country to defend its interests and competences directly before
the organisations of the European Union in accordance with
Community regulations. Likewise, the representatives of Basque
Institutions shall form part of delegations of the State in
the Council of Ministers of the European Union in those subjects
that affect the exclusive policies of the Community of the
Basque Country and the Basque Institutions shall have the
right to access the European Court of Justice, with the guarantee
of the State.
Lastly, the Community of the Basque Country
shall represent a single constituency for elections to the
European Parliament.
Foreign relations:
Recognition is given
to the official character of the delegations and offices representing
the Community of the Basque Country abroad.
Basque Institutions
may sign accords, agreements and protocols with international
institutions and organisations in defence of Basque citizens.
Likewise, the Community of the Basque Country may have a direct
presence in international organisations that allowed the participation
of stateless nations.
With regard to the signing of international
treaties and agreements, for which the State has authority,
the Community of the Basque Country shall give its prior authorisation
when such treaties represent an alteration or unilateral restriction
of the competences included in the new Political Statute.
Solidarity and co-operation for development
Basque Institutions
may develop their own policy of solidarity and co-operation
with developing countries.
Establishment of a system of bilateral
guarantees with the State preventing any unilateral modification
of the Agreement. (Basic premise 10).
This Proposal does not
speak of superiorities but of mutual respect For this reason,
the model of guarantees proposed is based on the basic principles
of a bilateral relationship, as the technique recommended
by many constitutionalists in order to articulate differential
policies in the organisational structure of a plurinational
state. This, precisely, is the solution for coexistence that
has historically characterised the Basque regime in its relations
with the Spanish State.
In this way, the bilateral system
of guarantees is articulated based on the recognition of the
political structure of the State and on the respect for the
Basque differential fact policy which establishes a clear
procedure of modification and renovation of the Agreement
reached.
The main measures and initiatives proposed in order
to establish an efficient system of guarantees for the agreement
are as follows:
- The establishment of a Basque Country-State
Commission as a forum of bilateral political debate in order
to prevent conflicts and for the harmonisation of public policies,
especially in those in matters that require specific collaboration,
such as foreign relations.
- An adaptation of the Constitutional
Court by means of setting up a specific court to resolve conflicts
in which Basque Institutions are involved. The members of
this Court will be assigned equally by the Constitutional
Court and by the Basque Parliament, and appointed by the King.
- The undertaking of the State not to apply coercive measures
or those that represent the unilateral suspension of policies
or regulations drawn up by Basque institutions in the exercise
of the competences attributed to them in the new Political
Statute.
- A new procedure of modification and modernisation of the
Political Statute, clearer and open to negotiation. The procedure
includes, firstly, the initial approval of the proposal for
modification by an absolute majority of the Basque Parliament,
the initiation of a process of negotiation with the State,
the subsequent approval of the State Parliament and the Basque
Parliament and the definitive ratification by Basque society
in a referendum. If the process of negotiation planned with
the State should fail and no agreement should be reached on
the proposal approved by the absolute majority of the Basque
Parliament, this may be referred to Basque society by means
of a referendum. Should this be ratified, it will be necessary
to initiate a process of negotiation with the State in order
to incorporate the democratic will of Basque society in the
legal code.
_ _ _ _ _ _ _ _ _
Based on the
recognition of our own identity and the democratic will of
Basque society to achieve self-government, I have presented
clearly to this House the basic aspects of the new Basque
Political Statute, which the Basque Government will pass on
October 25.
This Proposal does not speak of superiorities
but of equilibrium and mutual respect. It does not speak of
privileges, but of rights and obligations. It does not speak
of breaking off but of coexistence. It does not speak of legal
impediments, but of political will. It does not deny the right
of other Peoples in Spain to establish their own model of
relationship within a pluri-National State, but respects their
wishes.
It does not prevent the development of a new model
of joint State, based on the federalism of free adhesion,
but opens the way to the configuration of the State of the
21st century.
It is a proposal open to dialogue, to debate
and negotiation.
Basque society is not willing to continue
receiving insults, threats and "slaps in the face", just because
its government, in the exercise power of its social, legal,
institutional and political legitimacy, presents a proposal
for coexistence. I demand, on behalf of Basque society, respect
and consideration. If we are not capable of facing up to a
legitimate and normalised debate, we run the risk of the large
majority of Basque society losing interest in agreeing to
a model of coexistence with the Spanish State. Can anyone
really believe that in the 21st century a modern State can
be constructed by imposition and against the majority will
of the Peoples who make them up?
Sincerely, I do not think
so. For this reason we are condemned to understand each other
if we want our shared project to be the fruit of a relationship
to the liking of both parties and not an imposed relationship.
Section III An open road to parliamentary debate and political
and social contribution
We have completed the first stage
of the journey. We have before us a proposal that will affect
the future of an entire generation and which represents a
fundamental contribution to Basque political normalisation,
in order to articulate our coexistence with Spain. We are
aware that there are urgent matters and important matters,
but we are convinced that our proposal contains a fundamental
part of the solution which we are capable of finding if we
work together.
In life, there are urgent matters and important
matters. This debate we propose to open with regard to our
model of future coexistence is one of the "important matters".
It is not the time, therefore for rushing matters. It is time
for everyone concerned to add our own vision of things and
legitimate projects to the debate.
This Government has put
forward a sensible proposal. For this reason, we wish to claim
the right to a sensible, open, flexible and, especially, democratic
debate. No one should be self excluded from this debate and
no one can fear the results, because, in every case, it must
be the citizens of the Basque Country themselves who, in a
scenario free of violence and without exclusions, validate
the results of this debate with their vote in referendum.
Anyone who fears the wishes of Basque society, who threatens
to prevent Basque society from deciding freely and democratically
their own future, shows very little faith in their own arguments.
For this reason, as Lehendakari, I should like to invite Basque
society and all the political parties that represent the different
outlooks of those who coexist in it, to participate actively
in the debate on our future.
A peaceful debate, in which arguments
and proposals are put forward sensibly and reasonably. Based
on respect and good manners. There is no place for threats,
insults and defamatory remarks. We must stop shouting and
begin to talk.
An open debate, from which no one can be excluded,
because we all represent a part of the solution. We should
not be worried by the fact that each political party makes
its own legitimate contributions. The aim is to reach a consensus
of opinion that represents the reasonable synthesis of the
different viewpoints that represent the plurality of Basque
society.
Moreover, I wish to claim the right to a debate open
to all of Basque society and its economic and social agents.
Basque society is the leading actor in its own future. Therefore,
we must open however many channels may be required in order
to facilitate their participation in the design of a new model
of coexistence.
A flexible debate, without rushing, without
nervousness. Let us first make an in-depth study and an unhurried
analysis of the proposals. Let us discoverer the motives and
arguments of the other and after that, set out our own. There
are no magical solutions at the end of the road, the road
is the solution.
A democratic debate, this is the basis and
fundamental issue of the process Without impositions and without
blackmail. No one has the right to take away the key to the
future, that each one of us, each Basque citizen, have in
our hand. That is the nobility of democracy. Because if I
am absolutely convinced about anything, it is that Basque
society will be what it wants to be in the future, and nothing
and no one will prevent this from happening.
Based on these
premises, the proposal I wish to convey to Basque society
and to the parliamentary groups present in this House, is
to continue completing new stages on this journey until the
project which has the majority backing of Basque society finally
reaches its climax.
We have nothing to hide. Just the opposite,
I consider that it is a right of Basque citizens to know what
the next steps will be in this process.
1st Articulated text
of the new Basque Political Statute
As I have pointed out,
it is the intention of the Government to draw up the articulated
text of the new Basque Political Statute during October, in
accordance with the contents I have set out in the last section
of my talk. The new Statute will be passed on October 25 at
an extraordinary session of the Council of the Government,
and referred to the Basque Parliament as a bill to reform
the Gernika Statute.
2nd Examination and Parliamentary Debate
The unique and exclusive right to decide on the articulated
procedure used by Parliament to process this Project lies
with the competent organs of this House. Clearly, the government
shall accept the decisions to be adopted in this regard.
Nevertheless,
and with complete respect for the powers of Parliament to
decide the debate procedure it considers to the most appropriate,
the government and I, as Lehendakari, sincerely believe that
we should take into consideration that this is not an ordinary
Bill, such as the Roadways Law, for example.
What we have
here is a proposal for a new model of coexistence for a new
generation. I understand that this proposal requires, therefore,
a serene and sensible debate. An unhurried process of examination
and analysis, without urgency and open to the participation
of all economic and social agents, that will give way to the
presentation of contributions and modifications in order to
debate and vote on in accordance with the provisions of article
46 of the Gernika Statute. In this regard, as members of this
Government, we should like to submit for consideration by
Parliament the possibility that this debate and voting procedure
be conducted at the beginning of the Parliamentary session
next year, September 2004.
3rd Negotiation with the Spanish
Government and referral to the Madrid Parliament
Once this
procedure has been completed, and while the project is being
referred to the State Parliament, we will initiate a process
of negotiation with the Spanish Government which must be completed
within a maximum period of six months.
4th Ratification in
referendum by Basque society
When the aforementioned procedures
have been completed, the Political Agreement reached with
the State or, if appropriate, the project passed by absolute
majority of the Basque Parliament, shall be definitively ratified
in referendum by Basque society, in a scenario bereft of violence
and without exclusions.
_ _ _ _ _ _ _ _ _
A final thought: Rejecting dialogue is tantamount to rejecting
the solution:
My final thought on this matter is directed,
respectfully, to all the Parliamentary groups present in this
House. Let us finally open the door to dialogue. Every one
of us can offer a part of the solution and only through dialogue
will we be able to resolve this issue.
Recently we have learnt,
through the mass media, of a proposal by the Socialist Party
called "More Statute" the specific contents of which, I understand,
will be explained in detail in the debate this afternoon.
In any case, I respectfully welcome this initiative of the
Socialist Party as a contribution the dialogue. I consider
that the presentation of this party's own proposal which may
be defended in the debate process on our model of future coexistence,
as perfectly legitimate. The only thing I ask from the Socialist
Party is the same respect and consideration towards the Proposal
that I have put forward on behalf of the Government.
With
regard to the Partido Popular, I also accept and respect any
proposal they might wish to contribute, because I believe
they are totally entitled to do so. But, please, I ask them
only to be coherent. If what they intend is to encroach on
our right to self-government, I ask them not to do this by
the "back door", with basic laws and regulations that make
this irreconcilable. What they must do is to clearly propose
a modification of the Gernika Statute, proposing the devolution
of the exclusive powers contained in it to the Central Government.
Both their Parliamentary group and the Madrid Parliament itself,
in which they have the absolute majority, have the legitimate
right to present a proposal of these characteristics to the
Basque Parliament. If the proposal is passed by the absolute
majority of this House and is ratified in referendum by Basque
society, we shall, naturally, all accept the will of Basque
society.
With regard to the Parliamentary Group Sozialista
Abertzaleak, I also ask them not to resort to the easy and
demagogic NO. They must be courageous and present their own
alternative. They represent the legitimate right of 143,139
Basque citizens who have put their trust in them to represent
their interests in this House. Not one more, nor one less.
The proposal presented by the Government is an Institutional
Proposal put forward in accordance with the right to propose
initiatives of this kind set out in the Statute. Clearly,
the three Parties that make up the Government have their own
political projects, but, beyond the legitimate contributions
that each may make to the corresponding Parliamentary debate,
the three Parties that make up the Government have made great
efforts to reach consensus as a starting point for the Proposal
for a New Statute of Free Association, based on three central
principles:
- Respect for the Human Rights and Liberties of
all.
- Dialogue and political and democratic channels as the
instruments to resolve conflicts.
- Respect for the right
of the Basque People to decide their own future.
On October
25, the Government has undertaken to provide this Parliament
with a starting point for a solution. The final solution shall
be the one that we are capable of finding by working together.
The coming months are extremely important. Let us not lose
this opportunity by rejecting dialogue.
I wish to conclude
this presentation by reiterating my formal invitation to all
the Parliamentary groups represented in this House to find
a joint solution to the problems of coexistence suffered by
this society.
We, as the Government, can contribute a part
of the solution to the debate, not the entire solution. The
rest must be the result of effort and contributions from everyone.
It is a time for dialogue. It is a time for respect. It is
a time for providing solutions.
Eskerrik asko.
