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ESTATUTU POLITIKO BERRIA

The 's statement for a New Statute for

In his statement before the of I appear before you by express request of the Basque Deputies in defense of the Proposal for a to defend the new Political Statute for the Basque Country, a proposal which belongs neither to the New Statute for the Basque Country, the Government nor to this particular Basque President, but Lehendakari wanted to say a few words which was passed by absolute majority of votes in the to members of Congress in Euskara ,representing the absolute majority of before underscoring the spirit of Basque society; and in doing so, I bring to this Chamber dialogue and negotiation that brought the spirit of dialogue and negotiation which has prevailed in the feelings and customs of the Basque people from him to the Spanish capital. But before time immemorial. focusing on the matter at hand, Juan José Ibarrexe pointed out that the Two preliminary matters plenary session was being conducted "hastily and with little political debate" I would like to express two concerns before dealing with the matter in greater depth. and that the Basque problem, "whichever name you prefer, is not new The first is that this plenary session is being conducted to this Chamber, nor is the debate hastily and with little political debate. Negotiation has surrounding the issue." been denied. Offers put forward by the to the Spanish Government, and by the Basque Parliament to this have been turned down. The whole matter is expected to be Introduction substantiated in this session, as if this were an in-depth debate,which it clearly is not.There is a sense of rushing to Speaker of the House,Leader and Members of the Senate, finish,and this debate calls for a great deal of serenity and President and Members of the Government, Eusko composure. Legebiltzarrearen Presidentea giltzakideok, Sailburuok,ladies and gentlemen of this Chamber. The second concern I would like to put on record here is that the Basque issue, or Basque problem, whichever On behalf of the Basque Parliament I would like my first name you prefer,is not new to this Chamber,nor is the words to be in Euskera, the official language of our debate surrounding the issue. I am not the first person to country, an ancient language which the Basque people broach the subject and will surely not be the last. have used for generations to express their yearning for freedom and their desire for friendship with other peoples With regard to this issue,I want to make it clear,especially with whom they have coexisted throughout history. to the Spanish public,that it is not related to the existence of ETA perpetrated violence.ETA’s campaign of violence Eusko Legebiltzarraren izenean etorri naiz hona, is malicious and inhumane, and, needless to say, the Espainiako Gorteetara, defendatzeko Euskadik eta damage it causes is immense. It harms people in general euskaldunok eskubide osoa dugula gure etorkizuna and causes grief for the families of its victims;it damages askatasun osoz erabakitzeko. Basque society and the image of Basque people. Nothing causes greater damage to a peaceful hardworking society I have come to this Chamber as a representative of the as does ETA violence. Basque Parliament to defend the right of the Basque people to decide their own future. But this should not be confused with the political problem surrounding the relationship between the Basque Country

6 Issue 67 Year 2005 NEW POLITICAL STATUTE in defense of the Proposal the Basque Country

and , an issue that goes back much further than the existence of ETA’s brutal and inhumane campaign of violence.The political relationship between the Basque «I have come with a proposal for a Country and Spain has been the subject of debate for Statute, a new Political Statute nearly two hundred years.Almost two hundred years have gone by since the conflict over the Bonaparte Constitution passed by absolute majority in the in 1808, or the Constitution of Cádiz in 1812, and the disputes in 1839 and 1876 on the laws abolishing the Basque Parliament, and I come with . After all, this led to the Spanish Constitution guaranteeing the protection and respect of the historic my hands outstretched, with a rights of the foral territories in its First Additional Provision. willingness to negotiate, to start a process of negotiation» At this time in history, 166 years later at the dawn of the 21st century, we have the opportunity to repeal the

Issue 67 Year 2005 7 ESTATUTU POLITIKO BERRIA

«We demand a greater level of self-government because we want to improve the quality of life for all Basque citizens»

Therefore, what we face is a problem of coexistence which we have not managed to resolve over the years.

We have not invented anything new.The Basque Parliament did not invent anything when it approved the new Political Statute for the Basque Country. Lehendakari Agirre said here in the plenary session of 5 December 1935 amidst staunch protest and murmurs: "We have come to the Cortes with a spirit of cordiality which you do not appreciate.We have come with a Statute voted by the people, and what has happened? The Cortes are agonizing over the matter while our Statue waits."

This is precisely the same feeling I have today as representative of the Basque Parliament in this abolitionary laws once and for all and recover a Chamber.I have come with a proposal for a Statute,a new framework of coexistence based on free association, Political Statute passed by absolute majority in the consensus and shared sovereignty. It is in our hands to Basque Parliament, and I come with my hands create a solution scenario. Are we not talking here about outstretched, with a willingness to negotiate, to start a historic rights,about foral territories,about a people with process of negotiation. As I understand it, this Chamber a certain way of mixing with first with the regions of Spain cannot say no to the will of the Basque Parliament without first and then with the Kingdom of Spain? How else are we acknowledging the need to negotiate.We have come with to understand 166 years later that the Constitution our hands outstretched with a desire to negotiate,and it is embraces the existence of those rights it claims to protect my heartfelt hope that you do not reject our offer when the and respect? And is it not true that the Statute of time comes to vote at the end of the day. Autonomy of Gernika contains an additional provision whereby the acceptance of the system of autonomy Right to decide and obligation to reach an agreement established therein does not imply that the Basque people waive the rights that as such may be due them by virtue of The first message is that I sincerely believe that there is a their history? way to achieve our goals; I sincerely believe there is a

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Today I am presenting a proposal agreed upon by the absolute majority of the Basque Parliament. We have «Basque society is dynamic, complied with the legal procedures set out in the Statute of Gernika, so it is no good to talk about the rules of the modern and plural, and looks game and then question them when they have been respected.You are sending us a message that says you are not willing to negotiate, that this Chamber will say no to toward a hopeful future. We are a the will of the absolute majority of the Basque Parliament and Basque society without even starting a process of negotiation. And I ask you these questions:What are you sensible society that has come of afraid of? Why are we afraid to create a Joint Commission of the Basque Parliament the to initiate age. We are old enough to make a negotiation process? What is there to be afraid of? What is this Chamber afraid of?

our own decisions and this is I believe in dialogue; that is why I have come here to this Congress on behalf of the Basque Parliament,despite the fact that through the media it is already public knowledge what we want to do. Today the that you have decided on how you are going to vote prior to any debate. As I said at the beginning, I have serious Basque Country is a society which doubts as to whether, in a session of this nature, with interventions defined by regulation and by the spokespersons of the parliamentary groups, it is possible is moving forward» to conduct an in-depth debate on the matter.

But in any case, I want you to know that I came here because I believe that as long as we are given the solution; I sincerely believe there is a meeting point.The opportunity to speak, we will assert time and time again, crux of the debate lies in the right to decide and the in the name of the absolute majority of the Basque obligation to reach a consensus. Parliament, the right of Basque society to decide its own future.That is why I feel it is extremely important,in spite 25 years ago the Statute of Autonomy of Gernika was of all the difficulties,to be here today. passed in this Chamber and ratified by the Basque people; today it is a law that has yet to be upheld in spite of the A mature society agreements, in many cases unanimous, adopted by the Basque Parliament I represent here today. Second message: the Basque Country is a mature society. But I came here to talk mainly about the future, not the past. And we are genuinely excited about developing the Basque society is dynamic,modern and plural,and looks self-government set forth in the Statute of Gernika and in toward a hopeful future.We are a sensible society that the new Political Statute because in the Basque Country has come of age.We are old enough to make our own we have demonstrated that self-rule is synonymous with decisions and this is what we want to do. well-being.We demand a greater level of self-government because we want to improve the quality of life for all Today the Basque Country is a society which is moving Basque citizens. forward.In this we have once again managed to lead Spain in terms of disposable income;we have the We are pushing for a future that says ‘yes’ to the right of highest employment rate in our entire history; we have the Basque people to decide for themselves; we are we have lowered the unemployment rate to below the pushing for a future that says ‘yes’ to a pact between the European average; we have created more than four Basque Country and Spain; we are pushing for a future thousand companies in this legislature and we are more that says ‘yes’ to negotiations with the Spanish attractive than ever; in 2004 more people came to visit Government.We are pushing for a future that accepts us than ever before, beating our record year marked by rather than rejects an outstretched hand, a future that the cease-fire. believes in the right to decide and in the obligation to negotiate. In the view of the Basque Parliament, as Therefore we are a country on the move;we are a modern manifested by the majority, this is the key to the and supportive country with a progressive economy.We democratic solution to a conflict that has dragged on over are,in short,a serious country and we are convinced that the past two hundred years. there is a clear relationship between self-government

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FUNDAMENTAL ASPECTS OF THE «We are a plural society in terms of NEW POLITICAL STATUTE FOR THE BASQUE COUNTRY political ideologies, in terms of language and in terms of our The defense of human rights and freedoms, and the right to feelings of identity, but we have a decide our own future. least common denominator – we are Freedom to establish relations with Navarra and the Basque all » provinces of Iparralde.

Increase self-government to Basque Country today, no matter where we were born – promote welfare and quality of whether in , Sevilla, Bucharest or Dakar; it is life among all Basques. those of us who live and work in the Basque Country – whether we vote for the Popular Party, the Socialist Party, the , or Judicial power, together with ; it is the Basque people living and legislative and executive working in the Basque Country today who will decide branches, to complete self- our future. government in Euskadi. A proposal for coexistence

Have our own voice in Europe Third message:The proposal I am presenting today on and in the world. behalf of the Basque Parliament is a proposal for coexistence.

A system of guarantees that You can convey whatever messages you see fit, but in all prevents the unilateral sincerity I have come to bring you the view of the majority modification of the new of the Basque Parliament.The driving force behind this Statute. proposal is coexistence not detachment.In exercising our democratic right to decide,the Basque Parliament passed by absolute majority, as stipulated in the Statute, a proposal for coexistence between the Basque Country and and well-being for the Basque people in general, the Spanish state, based on the principles of free regardless of the political party they vote for.That is why association and mutual respect. we call for more self-government, not looking for confrontation with or the Spanish Government, Therefore,we demand our right to decide,not with a spirit or with this Chamber.No,in the Basque Country we want of separation but one of coexistence. In the new Statute greater self-rule in order to live better and to improve the you will find nothing that refers to breaking away, only level of well-being among Basque citizens. words of coexistence.We want to exercise our right to decide in terms of free association,not imposition.You will We are a plural society in terms of political ideologies,in find no insults, but rather tolerance; you will find no terms of language and in terms of our feelings of identity, tension or agitation,but rather a political formula marked but we have a least common denominator – we are all by affectivity. Basques.Today more than eight out of ten Basques feel it should be up to them to define and decide their own In the 21st century,projects for coexistence are based on future.We therefore insist on having the power to decide free association, not on imposition.Today your children as the cornerstone of a plural Basque society. And we don’t even live with you if they do not share your project. will decide.The future of self-rule in the Basque Country will not be decided at meetings. Neither you, Mr. The Basque Country is not a subordinate part of the Zapatero, nor you, Mr.Rajoy, can replace the will of the Spanish state. I want to tell you that here with complete Basque people. It is those of us who live and work in the clarity,as a representative of the Basque Parliament.The

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Spanish state will be a shared process between a delegation from project only if the constituent parts «We are not dealing the Basque Parliament and a so desire and only if that is what we delegation from the Cortes all decide upon. Our proposal for with a legal problem. Generales. It is legitimate, coexistence does not deny other democratic and open to negotiation. nations and regions of the Spanish The problem we are state of anything and demands The Basque Parliament was the nothing from them. Our purpose is facing here is a lack of base camp for dialogue for four not to force other regions of Spain years. Anyone interested in to follow our example, nor to political will» contributing did so, including prevent them from taking own political parties, economic and paths. Our proposal is therefore social stakeholders, and twenty-six compatible with a truly plurinational state.Through the Basque families who expressed their viewpoints on the economic agreement and quota system it is also Statute I am presenting here today.The process has been supportive of other regions in Spain, as it establishes our permanently open and backed by a plural, tripartite contribution to general state revenues,and particularly to Basque Government represented by two nationalist solidarity programmes,to which we are net contributors. parties – the Basque Nationalist Party and Euko Alkartasuna – and a non-nationalist federalist party, A legal, legitimate and democratic proposal Ezker Batua. In the May 2001 elections the Basque Government was voted in by 48% of the electorate. Fourth message:This is a legal,legitimate and democratic proposal. Throughout these years the only ruling associated with the proposal was the Constitutional Court decision, which, It is a proposal that complies with all of the legal incidentally,supported the arguments put forward by the requirements set forth in the Statute, openly submitted Basque Government and Basque Parliament,and rejected here by the Basque Parliament to be negotiated bilaterally the arguments of those who asserted that the with the Cortes Generales, as envisaged in the Constitutional Court should prevent the debate from even Constitution. It is legal because it was passed in taking place in the Basque Parliament.The court decision accordance with article 46 of the Statute and legally was, therefore, against the arguments advocated by the remitted to the Cortes Generales to initiate the negotiation Popular Party and the Socialist Party.

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In April 2004, it was the Constitutional Court that decided that the proposal was legitimate and democratic, «I have come to offer the that the Basque Government’s competence could not be outstretched hand of Basque questioned if it wanted to propose a reform of the Statute or remit any type of proposals to the Basque Parliament society to negotiate a new for debate.Any other interpretation would simply imply a lack of understanding of the logic of the democratic framework of coexistence with , one of whose foundations is that the Parliament should serve as the seat for political Spain for the 21st century. Do not debate. let this opportunity escape by Ladies and gentlemen, for years you have turned to the Constitutional Court to make sure these issues are not closing the door on a Proposal debated in the Basque Parliament.It is very important for passed by the absolute majority of this to be known in the Basque Country, but is also particularly important for it to be known in Spain. the Basque Parliament»

I want to stress again the fact that the only judgement passed by the Constitutional Court regarding the Political Statute I represent here today was favourable to the Despite the transition from dictatorship to democracy, a Basque Government and Parliament and not to the historical issue remains unresolved. 166 years passed Popular Party and the Socialist Party, ruling that the since the first law repealed the fueros by force.Today the Basque Parliament first, and then this Chamber,could Spanish Constitution itself recognizes the existence of the hold debate on the matter. rights of foral territories,also embraced in the Statute of Gernika.We have before us today an historic opportunity, What type of negotiation is possible, I ask myself, with but only if you chose not reject the outstretched hand that people who for four years have not even wanted to sit I offer on behalf of all of the democratic Basque down and talk? institutions and the Basque Parliament.

We are not dealing with a legal problem.The problem we This proposal,ladies and gentlemen,is not a problem,it is are facing here is a lack of political will.We are convinced an opportunity. I do not agree with those of you who feel that the Spanish Constitution,based on the instruments I that political debate weakens us.What political debate referred to earlier – the First Additional Provision, the does is bolster democracy.Political debate does not divide Second Repeal Provision,and the Additional Provision of us; in fact, it prevents division. What divides us is not the Statute of Gernika – provides a space for the right of debating and negotiating. Neither Basque nor Spanish the Basque people to decide their own future. We are society would be annoyed if we came out of this meeting convinced of this, and I want to say this here loud and today having decided to initiate serious negotiations clear. We want to take an active part in useful between the Cortes Generales and the Basque Parliament. constitutionalism,not the other type of constitutionalism What would annoy them is to see the door slammed shut on which uses the Constitution as a closed-ended regulation negotiations.We should not be afraid of democracy.We and a tool for preventing political agreements. should not be afraid to consult societies.Why should we be afraid of consulting Basque society? What is it we we fear An historic opportunity – the very idea of asking Basque society its opinion,or the answer it might give when it is asked? My fifth message is that we have an historic opportunity today to pave the way for a solution to the Basque issue.I Final thoughts have come to offer the outstretched hand of Basque society to negotiate a new framework of coexistence with Since I have very little time left,Mr.President,I would like Spain for the 21st century. to convey four last messages:

Do not let this opportunity escape by closing the door on a The first is to say to this Chamber that in spite of Proposal passed by the absolute majority of the Basque everything, I am optimistic, because whatever happens Parliament.Do not reject dialogue and negotiation.Let us here in this Chamber today, whichever way this Chamber not miss the historic opportunity we have before us.We decides to cast its vote, this will be neither the beginning have the chance to look the problem in the eye, to solve a nor the end of a dead-end process.At some point the road point of dispute that has been with us since the 19th will lead to a democratic consultation of Basque society, century. preceded, hopefully, by an agreement which grants it full legal effect.

12 Issue 67 Year 2005 NEW POLITICAL STATUTE

Lehendakari Juan José Ibarretxe at a meeting with Manuel Marín, Speaker of the .

The second message is for you, Mr.President, and you, the obligation to reach a consensus,which are now being Mr.Rajoy.You have already agreed on the decision that introduced by such progressive societies as Canada, will be taken today. A representative of a peaceful Québec,Ireland,Flanders and Wallonia. civilized people stands on this rostrum asking for dialogue and for you to respect the democratic decision The fourth message is to the people of Spain.I would like of his fellow citizens. You have already made a pact to let you know that it is perfectly possible, if we put our regarding negotiations,and you are certainly within your minds to it, to find a political model for coexistence and rights to do so. But you will have to explain to all of the take part in Europe together,based on mutual respect. I Basque men and women that the two of you have already firmly believe this and want to express it here, in all agreed on our future and that the democratic decision honesty, in the name of the Basque Parliament. I know expressed by the Basque people is in vain, as you have that a lot of people in Spain – many, many people – feel already made their decision for them. that the Basques should be the ones to decide the future of the Basque Country. On behalf of the Basque My third message goes out to the European Union and Parliament,I would like to take this opportunity to thank the international community.I would like to tell them that so many of you for all the support and affection that has I am here on behalf of the parliament of a country that is poured in from all corners of Spain, and most asking respectfully and courteously for the democratic particularly from the people of Andalucía, and decision of its citizens to be heard. Catalunya.

We have not come here to impose anything on anyone,but I will finish with a message for Basque society: I am rather to offer our outstretched hand to negotiate an proud of the Basque people; I am proud of our long agreement of friendly coexistence with Spain. Appeals history and language, Euskara, one of the oldest in such as ours do not cause strife in any first-world country Europe. But I am even more proud of all of the men and today with a tradition of democracy. It is normal for the women who live and work in the Basque Country, clear and unequivocal decision of a society to be taken wherever you were born and whatever political party you into account.What would indeed be horrible would be for vote for.It is primarily to you that I say that the future is the will of a society that expresses itself clearly and ours;we will write it ourselves,in agreement with others, unequivocally not to be taken into account when it comes but in our own handwriting. to deciding its own future.We broach the issue backed by modern legal and political instruments from the 21st not Beste barik eskerrik asko zuen arretagatik. the 19th century, which are there to interpret and develop.There is common ground:the right to decide and Thank you very much,Mr.President.

Issue 67 Year 2005 13 ESTATUTU POLITIKO BERRIA

The Lehendakari’s reply to party representatives

During the time set aside next to the seats occupied for the leadership of the by deputies from the parliamentary groups to Popular Party. reply to Ibarretxe’s Following their presentation, the comments, Juan José Lehendakari remained Ibarretxe was allotted ten seated in the chamber minutes to respond.

ook," said the Lehendakari at the beginning of his "There was one thing you bragged about that I really reply "we have been talking about these issues for liked," Ibarretxe went on to say to Rajoy. "It’s curious four years and I’m supposed to try and give you a that you say you are not at all afraid of the Lcomplete and rational response to all of the points referendum, that you’d win it hands down (...) but brought up throughout the afternoon in ten minutes.This you’re the ones who don’t want to convoke it. It’s an gives us an idea of the type of debate we have here." . odd contradiction." (...) Referring to members of the Popular and Socialist Parties, the Lehandakari In his answer to the representative of the Socialist asked: "Are you really afraid to negotiate, or what Party, he said he disagreed "with virtually everything problem do you have with a commission from this in your presentation (...). You said, Mr. Rubalcaba, Congress sitting down with a commission of the that you did not want Basque society to conceive your Basque Parliament to study this project over the next position as a categorical no, but spent your entire two months?" time – half an hour – saying no, never, absolutely not. We are only allowed to talk about the sovereignty of The need for minimal agreement Spain; we cannot not talk about shared sovereignty (...). What you are doing by not accepting the concept "Be courageous, Mr. Zapatero. Tell the Spanish people of shared sovereignty is to reject the Constitution (...) that we must come to a consensus, that you must when refers to accepting the system of autonomy negotiate with the Basque institutions; tell them this without prejudice to the historical rights of the in spite of being hounded by the Popular Party. Tell Basque people." the people of Spain that it is essential to reach an agreement on political terms because consensus and Addressing the head of the Popular Party, Mariano negotiation are the only path if we want to move Rajoy, the Lehendakari said "the language of forward and take advantage of this opportunity. Open democracy has made you repeat the same discourse as up this path because if not, Mr. Zapatero, how can you Fraga’s 25 years ago when he tried to do away with the expect us to believe your arguments for dialogue in Statute of Autonomy of Gernika. It makes me wonder the future? Today you have an opportunity. Initiate what has happened between then and now? And it is the political process for negotiation, because not what you’ve boasted about here, that the law has otherwise we might think, rationally and honestly, that been respected, no, no; in fact, you have modified the in the future when you talk about dialogue, the new Statute of Autonomy of Gernika, you and the Socialist dialogue starting tomorrow, what you are offering us Party (...) making pacts among yourselves, like the is a suitcase of empty promises." agreement to say no at today’s session."

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Lehendakari Juan José Ibarretxe during his reply to the statements made by members of the Spanish parliament.

"Mr. Rubalcaba, yesterday a leader of your party, Mr. Blanco, said 'let’s democratically bury the ' (...) And I say this to you: Wouldn’t it be more intelligent «If this Chamber decides to say "let’s democratically solve the Basque issue? (...) Do you know what you’re going to end up doing to Basque to shut the door on the society as a whole, represented in this decision by the majority of the Basque Parliament, if you say no and slam the door? What you are going to do is raise a monument absolute majority of the to our need, tomorrow even more so than today, to solve issues by talking and negotiating. The decision taken by the Basque Parliament cannot be imposed, it cannot be Basque Parliament and imposed; I firmly believe it can’t be imposed. But neither can the Congress simply shut the door on the Basque Basque society (...) what I Parliament and say no without even negotiating.

"Therefore, I want you to know that if this Chamber will do is simply keep my decides to shut the door on the absolute majority of the Basque Parliament and Basque society (...) what I will do word, move forward and is simply keep my word, move forward and inform the people. Why? So that we all see how the Basque people clamour for a negotiated solution, for a model of friendly inform the people» coexistence between the Basque Country and Spain for the 21st century."

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