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Issue 67 Year 2005

SPECIAL MONOGRAPHIC ISSUE

NewNew PoliticalPolitical Statute,Statute, aa proposalproposal forfor coexistencecoexistence Issue 67 Year 2005

Aguirre, AURKIBIDEA / TABLE OF CONTENTS centenario del primer vasco

GAURKO GAIAK / CURRENT EVENTS: New Basque Statute

3 • Opening letter. A proposal for coexistence. 4 • Chronicle of a proposal.

Issue 67 - Year 2005

AUTHOR Eusko Jaurlaritza-Kanpo Harremanetarako Idazkaritza Nagusia Basque Government-General Secretariat for Foreign Action

C/ Navarra, 2 01007 VITORIA-GASTEIZ Telephone: (+34) 945 01 7900 [email protected]

DIRECTOR Josu Legarreta Bilbao 6 • The Lehendakari's EDITOR statement to the Eusko Jaurlaritzaren Argitalpen of Deputies in in Zerbitzu Nagusia defense of the New Statute Servicio Basque Government Central Publication Service for the Basque Country.

COORDINATION AND 14 • The Lehendakari's EDITORIAL OFFICE reply to party A. Zugasti (Kazeta5) representatives. LAYOUT AND DESIGN didart 16 • 100 questions . . . 100 answers.

PHOTOGRAPHS Photo Archive, Office of the President and EFE

PRINTING Xxxxxxxxxxx ISSN: 1579-4210 Further information and the complete texts of the articles cited in this issue are available by visiting: www.nuevoestatutodeeuskadi.net NEW POLITICAL STATUTE

Aurkezpena Introduction

n a plenary session held on Covenant on Economic, Social, December 30th, the Basque and Cultural Rights. passed by an The right of the Basque people Iabsolute majority the to decide their own future is proposal to reform the based on respecting their right Political Statute for the as citizens of the different Basque Autonomous legal and political spheres Community. Under Spanish A proposal for making up the Basque region, law statutory amendments to be consulted when it comes may be introduced under to deciding their own future. certain conditions. On coexistence In other words, this implies February 2nd the Basque respecting the decision of the executive, Juan José citizens of the Basque Ibarretxe, defended the accord words pronounced by the Autonomous Community, the adopted by the Lehendakari before the Congress decision of the citizens of the at a plenary session of the of Deputies, as well as learning Community of Navarra, and the in Madrid. A about the main points of a decisions of the citizens of the large majority of the Congress, document that has been in the Basque territories of Iparralde – consisting of statewide political mouths of so many commentators Lapurdi, Behe Nafarroa and parties, defeated the proposal and leading political pundits. The Zuberoa. spearheaded by the Lehendakari. prologue to the New Statute for In agreement with these three Nevertheless, the entire political the Basque Country reads as pillars, and as an integral part of process revolving around this New follows: "The Basque Country, or the Basque nation, the citizens of Political Statute has generated Euskal Herria, is a nation with its the Basque Autonomous major interest from the media and own identity and a member of the Community, comprising the an unusual amount of expectation, community of European peoples. territories of Alava, Bizkaia and even beyond our border, regarding It has a unique historic, social and , in exercising our the demands of Basque cultural heritage, geographically democratic will and consistent with institutions. In order to respond to spread over seven territories respecting and updating our such expectation and to the governed today in three political historical rights set forth in the clamor for information from divisions in two different states. Statute of Gernika and the Spanish Basque communities, Euskal The Basque people have the Constitution, hereby express our Etxeak magazine is featuring a right to decide their own future, as wish to formalize a new political special issue with the the most approved by an absolute majority covenant for coexistence. pertinent documents on the of the Basque Parliament on 15 The political covenant subject. February 1990, and in accordance envisages a new relationship with The information in this issue with the right to self- Spanish state, based on free will provided readers with an determination internationally association and compatible with understanding of the history and recognized in the the International the possibilities of development of background surrounding the Covenant on Civil and Political a composite, plurinational debate. You will also find the exact Rights and in the International asymmetric state.

Issue 67 Year 2005 3 ESTATUTU POLITIKO BERRIA The chronicle of a proposal

Joan zen otsailaren 2an Madrilgo buruzko eztabaida ireki nahiean parlamentuan atzera botatako eta bide batez, akordioari proposamena ez zen, askok hala ateak zabaltzeko eztabaida uste bazuten ere, bezperako proposatzen. Hona hemen azken gauza. Urteak zeramatzan bost urte hauetako kronologia Lehendakariak marko politikoari laburra.

23 FEB. 2000 "Common ground for coexistence": conference given by the Lehendakari at Club Siglo XXI in Madrid Basque President Juan José Ibarretxe analyzes the outcome of the elections held on March 12th 2000. According to the Lehendakari, in spite of election results, the so-called "Basque problem" or Basque issue, and Euskadi's place in , were unsolved issues, regardless of the country's transition to democracy. At this conference the Lehendakari presents a model for coexistence and normalization in Basque society.

1 JUNE 2000 "A road to peace". The Lehendakari speaks in Bilbao a political initiative founded on Lehendakari Juan José Ibarretxe At a conference held on June 1st three different commitments in underscores what he sees as the crux 2000 at the Palacio Euskalduna terms of approach and of the political situation:peace is not entitled:"A road to peace:a common development. The first commitment sovereignty; peace is not nation- ground for coexistence," Juan José calls for principals of governing building; peace is not the Ibarretxe analyzes the current based on the right to life and Constitution.The Lehendakari makes political situation in the Basque individual freedom. Secondly is the a commitment to working towards Country, and explains the steps that democratic commitment to defend building a new road to hope,based on need to be taken to promote peace the decisions made democratically his threefold commitment. and political normalization. In by Basque society. The third Ibarretxe's view, to attain commitment is to promote dialogue 25 OCT. 2000 normalization and coexistence in between all political parties for the A democratic commitment to Basque society, a forum for dialogue purpose of work together to carry comply with the Statute of between all of the Basque political out the decisions of Basque society Gernika in its entirety parties needs to be created in an with regard to their future. To mark the twenty-first atmosphere of non-violence. anniversary of the Statute of 19 OCT. 2000 Gernika, during the debate on self- 22 SEPT. 2000 An initiative for peace and government, Lehendakari Juan General Policy Debate coexistence José Ibarretxe insists on the need In the 2000 debate on General In an October 19th 2002 address for a democratic commitment to Policy, Juan José Ibarretxe presents before the Basque Parliament, comply with and respect the

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Statutory Agreement in its society. During the second session, and sufficient capacity to establish entirety. He therefore makes a Ibarretxe was re-elected its own framework of relations. In threefold democratic commitment Lehendakari with the votes from line with this argument, the to recapture the spirit of EAJ/PNV, EA and EB/IU. Lehendakari sets the guidelines for consensus, mutual respect and a new political agreement. tolerance that prevailed in the 28 SEPT. 2001 Statutory Agreement and bore Debate on Pacification, Political 27 SEPT. 2002 fruit in the form of the Statute of Normalization and Dialogue Parliamentary Debate on General Gernika. At a plenary session of the Basque Policy Parliament held to debate the subject Lehendakari Juan José 20 DEC. 2000 of pacification, Lehendakari Juan Ibarretxe presents his new Political An ethical commitment to José Ibarretxe says that ETA can no Agreement for Coexistence at a defend the right to life and longer be a reason for stifling plenary session of the Basque liberty for all people political debate on issues in the Parliament. The Lehendakari As President of the Basque Country Basque Country. He adds that by explains how to ensure full and in response to the making political normalization compliance of the Statute of overwhelming sentiment of Basque dependent upon an end to violence Gernika and advance towards a new society, in this manifesto Juan Jose provides ETA with the key to the political agreement with Spain. Ibarretxe makes an ethical future of Basque society. Ibarretxe commitment in defense of the right expresses his belief that the solution Among the central principles of of all people to life and liberty. The to the political problem in the Basque his proposal are recognition of the purpose of this undertaking is to Country must be approached through Basque people's national identity repudiate all forms of violence and dialogue. and the right to decide their own to express the commitment of future. Ibarretxe proposes that an Basque society to defend personal 19 OCT. 2001 autonomous Basque judiciary be set freedoms and respect the spirit and Institutional Manifesto in up, and expresses his conviction principles enshrined in the Universal defense of the right to life, liberty that the Basque Country should Declaration of Human Rights. and security for all people have its own voice and a direct Lehendakari Juan José Ibarretxe, in presence in institutions of the 08 FEB. 2001 the name of the Basque European Union. Kursaal Declaration Government, and the heads of Lehendakari Juan José provincial and local Basque 1 FEB. 2005 Ibarretxe presents in Donostia his governments, on behalf of a Plenary Session of the Congress manifesto "For a social majority of the citizens they of Deputies commitment to non-violence and represent, sign the Institutional The Congress of Deputies debate dialogue - the road towards a Manifesto in Defense of the Right the New Political Statute for the solution", based on four basic to Life, Liberty and Security of all Basque Country in plenary session. principles. People. The document underscores Lehendakari Juan José Ibarretxe a priority commitment to defending addresses the chamber in Madrid to Lehendakari demands that ETA the right to life as a fundamental defend the proposal, previously abandon all weapons definitively, principle for coexistence. From passed by an absolute majority of and makes a plea in defense of all their different areas of the Basque Parliament. The human rights. Ibarretxe proposes a responsibility, they undertake to Congress of Deputies voted against multi-party forum for political develop and apply all of the means the proposal. dialogue without exclusions, and available by the rule of law to insists that any decisions made by guarantee the security and 2 FEB. 2005 Basque society in the future must freedoms of each and every Basque Institutional declaration by be respected. Lastly, the citizen. Lehendakari Juan José Ibarretxe Lehendakari sees the need for calling for elections on 17 April building an open, plural and 25 OCT. 2001 After the Congress of Deputies supportive Basque society. Parliamentary Debate on Self- defeats the proposal for the New government Political Statute, approved by 11 JULY 2001 Juan José Ibarretxe denounces the absolute majority in the Basque Investiture speech failure to comply with the Statute Parliament, Lehendakari Juan José During his investiture speech, Juan of Gernika during the debate on Ibarretxe decides to let the people José Ibarretxe sets out his threefold self-government in the Basque have a voice, and calls for elections commitment to life, dialogue and Parliament. Ibarretxe declares the on April 17th 2005 in the Basque respecting the decisions of Basque Basque Country has its own identity Autonomous Community.

Issue 67 Year 2005 5 ESTATUTU POLITIKO BERRIA

The Lehendakari's statement for a New Statute for

In his statement before the Congress of I appear before you by express request of the Basque Deputies in defense of the Proposal for a Parliament 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 Basque Parliament,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 Basque Government 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 eta 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 Spain, 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 Fueros. 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

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«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

Issue 67 Year 2005 9 ESTATUTU POLITIKO BERRIA

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 Basques» provinces of Iparralde.

Increase self-government to Basque Country today, no matter where we were born – promote welfare and quality of whether in Bilbao, 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 Madrid 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.

Issue 67 Year 2005 11 ESTATUTU POLITIKO BERRIA

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.

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

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."

14 Issue 67 Year 2005 NEW POLITICAL STATUTE

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 Ibarretxe Plan' (...) 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."

Issue 67 Year 2005 15 ??? ??? ???100 questions . . .

During the Basque Parliament debate on general policy on September 27th, in the name of the Basque Government the Lehendakari presented a Political Agreement for Coexistence to political party leadership. A summary of the document was written up and sent to families residing in the Basque Autonomous Community, along with a questionnaire aimed at identifying the areas of most concern, and asking the public for their opinions and input.

proposing a new pact for In the case of Ulster, the coexistence with Spain based on Downing Street Declaration, issued General respect rather than imposition. by the British and Irish Prime Ministers, reaffirmed the right of clarification 3. Are there other examples of the people of Northern Ireland to 1. Is this a proposal of the the 'free association' formula in decide whether they preferred to Lehendakari, the PNV or the Europe? maintain their status as part of the Basque Government? Yes. The European Union is based United Kingdom or a join the This proposal was presented to the on the free will of its members. It sovereign united Eire, or Ireland. In Basque Parliament last September is also a formula that is similarly either events, there was never any by the Lehendakari on behalf of the practiced in different European question as to whether Ulster would entire Government. Therefore, it states. For example the Federal remain a partner in the European represents the least common Republic of Germany and the Union.Why should our situation be denominator of the three political Swiss Confederation are founded any different? parties that comprise the Basque on a respect for the identity and Government, namely PNV, Eusko personality of their component 5. What is the difference Alkartasuna and Izquierda Unida regions, in these two cases, länders between a status of free (United Left).The proposal is open and cantons. association and a free associated to contributions, amendments and state? suggestions, not only from the 4. Does the proposal fit in with A status of free association would governing parties but from all the Treaty on European Union? political parties and community Of course it does. We are already mean starting from the present leaders in general. part of the European Union through situation and establishing a new Spain. Our aim is to change our compact between Euskadi and 2. You introduced a new status scope of relations with Spain,based Spain. It does not propose breaking or statute for Euskadi based on on mutual recognition. off with Spain to form a new state, free association with Spain. Similar phenomena are taking in the first place, because it's not What exactly does that mean? place in other parts of the EU: necessary; and secondly, because It means that we, the Basque Shared sovereignty between the right now it would just be another citizens, should be the ones to German länders and the federal stumbling block to finding a decide what kind of relationship government, reorganization of the solution founded on coexistence. we wish to have with Spain. Kingdom of Belgium, devolution of It is about having the right to power to the Scottish Parliament, 6. What is co-sovereignty? Why decide our own future. In and perhaps the clearest case of all, would Spain want to share exercising this right, we are Northern Ireland. something it considers its own?

16 Issue 67 Year 2005 ??? ??? 100 answers ???

A total of 35,000 families took part in this initiative, sending in their responses as well as a huge number of thoughts and concerns. In view of the resounding response by Basque society, in this monographic issue of Euskal Etxeak we decided to include a hundred FAQ- type sample questions organized by topic. The Lehendakari personally answered each and every question in the survey, hoping to provide the public with a clearer understanding of the Political Agreement for Coexistence.

setting the agenda, deciding when, channeling the center of the river, Shared sovereignty is a modern where and how we should develop they become two separate banks formula for establishing our politics. We need to put or currents. The proposal backed relationships between people and forward our own initiatives in by the three political parties in the states. Today's Europe speaks of order to promote normalization Government is built on two sharing, not conquering like in the and coexistence in our society. fundamental principles that Middle Ages. In the final analysis, represent the center of Basque sovereignty does not belong to 8. Is this proposal actually legal? society: states and people but to the Yes. The proposal was introduced One principle is the respect for majority decision of the men and and since strictly followed all of the life and human rights of women who comprise them. Spain the legal channels laid down in the individuals. should also be built according to Statute of Autonomy of Gernika. The other principle is the 'bottom-up' approach. For that The Basque Government has the respecting the human rights of reason, we feel it should be up to power to amendment or update the groups, in this case the will of the the peoples or nations forming statute. This is the path we have majority of Basque society at any part of Spain to decide, if they so decided to take. It will eventually given moment in their history. wish, to live together in shared or be up to Basque society - in this The two currents are willing to co-sovereignty. case the citizens of the Basque defend one of the two principles, If Spain can share sovereignty Autonomous Community - to ratify but have great difficulties dealing with other independent nations in or defeat the final proposal by way with both. the scope of the European Union, of a referendum. No one is going to I sincerely think the solution it should be even easier to share take away society's right to can't possible come from any sovereignty with nations and democratically decide. Each and group of people that refuse to peoples within its borders. every citizen of our community will respect either of the two be able to express his or her principles. 7. Doesn't it seem inopportune opinion on the subject. to make this proposal while ETA 10. Is there a place for this is still killing people? 9. If Ajuria-Enea wasn't the proposal in the Constitution? It is precisely when things are bad solution, and either was Lizarra, Yes, if there is political will on the that it is most opportune for why do you think this new part of the Spanish Government. political leaders to bring ideas and proposal is going to provide new The Constitution provides for solutions to the attention of the solutions? formulas for establishing unique public. If not, we would be Ajuria-Enea and Lizarra were bilateral relationships like the one shackled hand and foot by legitimate attempts that failed. It we're proposing between Euskadi violence. ETA would always be may have been because instead of and Spain. Highly regarded

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champions of the Spanish on the principle of free association. this proposal; neither the Basques Constitution attest to this. In This does not mean that Basque who defend an independent short, we are proposing a flexible society cannot make other Euskadi, nor the Basques who interpretation of the Constitution decisions it might consider defend its integration with the rest which allows the peculiarities and appropriate in the future. No one of Spain. Everyone here counts; we differences of the Basque nation has to renounce anythin. all have to work together to build to fit into a multinational state; if Euskadi.There's room for everyone the Constitution needs to be 12. What will become of the in this proposal because the idea is amended to do so, what's wrong Catalonians, Galicians, for all of us to make a commitment with that? Castillians, etc. who live in to respect the democratic decisions As I see it, it would be better Euskadi? of Basque society, both past, to adapt the Constitution and If they live in Euskadi they are present and future. If we take into achieve a true framework of Basque citizens, regardless of account the multicultural nature of coexistence than to maintain a their origin or feelings of national Basque society today, I sincerely tight grip on an inflexible identity, and therefore have the believe that the proposal put Constitution to the point where it same rights and obligations as forward here can serve as a new becomes a "prison of nations.". anyone else. I realize that some common ground for a new stage in politicians can be manipulative, history. Needless to say, respecting 11. According to the nationalist trying to spread unfounded fears Basque national identity remains a parties, the proposal is for into the Basque public. But anyone key issue. independence, and according to who has had the experience of the so-called abertzale or living in this country knows patriotic left, the proposal sets perfectly well that Basques society out to integrate us definitively is open and supportive, and has into Spain? So, which is it? always welcomed people from all The Basque People Neither one.The bottom line of the over the world. The day we lose 14. When you talk about the proposal is that it is up to Basque sight of this quality is the day we Basque people or nation, what society to decide its own future. are no longer Basque. exactly are you referring to? That is the cornerstone. In I'm referring to one of the oldest exercising this democratic right and 13. Does the proposal leave peoples in Europe, a nation with to devise a new scenario, our behind those of us who want to its own identity and culture that proposal is not to break away from see Euskadi become an has the right to exist and to have Spain but rather to create a independent nation one day? its own voice among the peoples relationship of coexistence based No one is meant to be left out with and nations of Europe.

18 Issue 67 Year 2005 100 questions . . . 100 answers ?

15. What makes up the Basque nation? From a territorial perspective, since prehistoric times the Basque nation has occupied a more or less extensive area stretching inland from the Atlantic on both sides of the Pyrenees Mountains. Today it comprises what are now the territories of Alava, Bizkaia, Gipuzkoa and Navarra on the Spanish side of the Pyrenees, and Laburdi, Zuberoa and Behenafarroa - or Basse - on the French side.

16. Do only the people who have always lived in these territories and whose ancestors were Basques belong to the Basque nation? referring to the right to self- 20. Is there a difference between No. The Basque nation has never determination passed by the the right to self-determination been a closed society. The Basque Basque Parliament? pursued by the abertzale left and nation is an open, non-exclusive Yes. The right to self- position presented in this social reality to which all people determination is nothing more proposal? living in the different Basque than the right of a people to make Yes. The crux of the proposal is territories and regions can belong, decisions on matters which affect recognizing the Basque people's regardless of gender, origin, social their own future. The Basque right to decide their own future, condition, religion or political people also have the right to but based on honoring the will of ideology. Being Basque does not influence their own future. From a the three political divisions depend on people's surnames, democratic perspective, I don't currently comprising the Basque origins or political leanings; it is a understand how anyone can be nation - in other words, the will of question of sentiment and the denied this right, nor who is being the citizens of the Basque voluntary decision to belong. harmed by the oldest nation in Autonomous Community, Navarra Europe demanding that it be and Iparralde. 17. Do Basques living abroad protected. The abertzale left, on the other also belong to the Basque hand, defends exercising the right nation or are they excluded 19. Is the right to self- to self-determination for the entire because they don't live in determination the same thing Basque nation as a single unit Euskal Herria? as independence? from the top down and with no Evidently, no one stops being No. The fact that a people have distinctions or nuances. I sincerely Basque or ceases to be part of the the capacity to make their own feel that we are all a part of the Basque nation when they cross a decisions regarding their same peoples, but that each of us geographic boundary; we carry relationships with other peoples should have the freedom to our feelings of belonging in our means that it can freely choose progress at our own pace and in hearts, not in our wallets or among the different alternatives line with our different passports. available. It can become part of circumstances. When push comes an existing state, associate itself to shove, we cannot impose any with other peoples to coexist kind of legal relationship, either within a state, or negotiate its internal or external, against the secession and continue freely as a wishes of the citizens of Navarra The right to sovereign nation. or Iparralde. Not unlike marriages, the fact that divorce exists does not 21. Could you sum up in a few self-determination necessarily mean that when words the basic pillars of the 18. When you talk about the couples have difficulties they have proposal? Basque people's right to decide to decide to separate or end the The proposal defends human their own future, are you relationship. rights for all people and furthering

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the pursuit of dialogue to find solutions to political problems; it is founded on three basic premises:

1.- The Basque nation is a people with its own identity. 2.- The Basque people have the right to decide their own future. 3.-The decisions made by the citizens of the Basque Autonomous Community, Navarra and Iparralde must be respected.

Territorial scope 22. Does the proposal for free association embrace today's Basque Autonomous Community, or does it also include Navarra, or is it meant to affect all of Euskal Herria? Are you speaking provides for Navarra to become Herria,if the citizens so desire. on behalf of all Basques? part of an autonomous region As Lehendakari, I represent the made up of Alava, Bizkaia, 25. If the people of Navarra citizens of the Basque Autonomous Gipuzkoa and Navarra if that's should decide to establish a Community. I am not entitled to what the people of Navarra want. common framework with us, speak on behalf of the people of It's a matter of acknowledging would the only option be to Navarra or the citizens of the and respecting this reality. Of become part of the Basque French Basque region, nor should I course the proposal leaves the Autonomous Community? be.They have their own legitimate door open to any type of union No. If in the future Navarra representatives and institutions; between the Basque Autonomous decided to create a common it's up to them to decide how Community and Navarra; it framework of relations with the quickly they want to move forward depends entirely on the free and BAC, there are different ways to and whether they're interested in democratic will of the citizens of go about it. One option would be a promoting self-government in their both regions. Compact for Free Association; communities. another might be a process of Therefore, the proposal is 24. Can Spain prevent the jointly drawing up a new legal and limited to the Basque Autonomous creation of a permanent body of political regulation to replace the Community. From this perspective, cooperation between the BAC rules currently in force in the two as an integral part of the Basque and Navarra? regions; and there might be other nation, we want to exercise our Only the people of Navarra can formulas for collaboration for the right to decide our own future by decide their future. From this two to study together. offering Spain a new compact for perspective, in my opinion, there is free association based on mutual no democratic reason for the 26. With this proposal would respect and recognition of our Spanish Government to take issue there be a way to strengthen national identity. with the the will of the citizens of bonds with Iparralde? either region, assuming it is backed Yes. The regulations governing 23. What happens with Navarra? by their own . autonomous communities could be If Navarra is excluded from the The proposal for free used in the broadest way possible proposal, does that mean the association maintains that Spain to strengthen bonds of cooperation territorial division of Euskal should respect this commitment with the territories of Iparralde, Herria will be consolidated? and that it must pledge not to focusing on economic, social, Legal regulations can't take all interfere with or prevent the cultural and linguistic relations, by the blame for the "territorial creation of relations between means of establishing instruments reality." We should remember that citizens of the BAC and other of permanent cooperation at the the Statute of Autonomy in force territories or regions of Euskal municipal and regional level.

20 Issue 67 Year 2005 100 questions . . . 100 answers ?

How far could our No. No one can be discriminated Community the requirements and relationship actually go? As far against because of their procedures for acquiring or losing as the citizens of the Basque nationality. All Basque citizens, Basque citizenship are the same territories on both sides of the by virtue of their citizen ship, as for Spanish nationality. Pyrenees want to take it. shall have the same rights and freedoms; no discrimination of 34. Will Basques who have had 27. Are we going to forget about any kind shall be made on the to move to other parts of Spain Trebiño and Trucíos? basis of place of birth, gender, for work purposes be entitled to No. The enclaves and race, religion or any other apply for Basque citizenship? municipalities located entirely personal or social condition or Yes. We will regulate the tie with inside the boundaries of the circumstance. Basque nationality so that cases Basque Autonomous Community of this type will be include may join the BAC, provided that 30. Will you have to renounce without any problems. For the majority of their inhabitants Spanish citizenship in order to instance, your place of legal make the democratic decision to attain Basque citizenship? residence can be in Madrid and do so. No. Basque citizenship is you are still entitled to apply for The compatible with Spanish Basque nationality provided that must accept once and for all that citizenship. In today's world it is your previous place of residence if the people of Trebiño and possible to have shared feelings was in one of the municipalities Trucíos freely and legitimately of identity. The idea that in of the BAC and that you did not decide they wish to become part Euskadi people should feel renounce that place of of the Basque Autonomous comfortable with themselves and residence. Community, there is no be able to enjoy the same rights democratic reason why they as everyone else; this goes for 35. Will Basque immigrants or shouldn't. those who feel exclusively Basque descendents thereof be entitled as well as those who also feel to apply for Basque nationality? Spanish. Yes. Basques living abroad, and their descendents can apply for 31. Can people who were born Basque nationality. Basque nationality in other parts of Spain but have 28. Why introduce the idea of been living in Euskadi for years 36. Will those of us who live in Basque nationality? also attain Basque nationality? Navarra or Iparralde and feel Because if Spain is a state made Of course. Basque nationality can Basque be entitled to claim up of nationalities and regions, as be held by anyone who works and Basque citizenship? enshrined in the constitution, then lives in our country, regardless of Recognition of Basque nationality it's only logical for all of the a person's origin. The important in other regions or territories will nationalities, including Basque, to thing is not where we come from depend on whether the enjoy official recognition. In but where together we want to institutions and citizens of those Euskadi there are two official take this we aimed at building a regions endorse the proposal. In languages, Euskara and Spanish; better future for ourselves and any event, to answer your in a similar fashion, we are our children. question, in my opinion, anyone suggesting that two nationalities living in any of the territories in be recognized: Spanish and 32. Are you going to impose Euskal Herria should in one form Basque. In Europe the matter of Basque nationality on those of or another be entitled to hold nationality as a personal option is us who live in Euskadi? Basque nationality if they so being discussed, so why can't Basque nationality is a right to desire. However, the Basque citizens have the which all Basques are entitled, representative institutions in each nationality they want? In any but it cannot be imposed. Anyone region are ultimately responsible case, we will all have the same who wishes to hold Spanish for such regulations. rights and responsibilities. As I nationality can continue to do so; see it, the only way to respect we are all Basques with the same 37. Will only those holding plurality is to not impose on rights and responsibilities. Basque nationality be able to personal liberties. vote? 33. As foreign immigrants, will All citizens included on the 29. Will people who hold Basque the requirements for attaining electoral register in any of the nationality have more rights Basque nationality be stricter municipalities of the Basque than people with Spanish than for Spanish nationality? Country have the right to vote. nationality? No. In the Basque Autonomous Nothing had changed in this

Issue 67 Year 2005 21 ? Ehun galdera, ehun erantzun

regard. There's no room for with Spain a process of Spanish Constitution or in the demagoguery here. negotiation will be put into Universal Declaration of Human practice to incorporate the results Rights. in the legal system. 44. Will Spanish speakers have 42. Can the citizens of the BAC be the same rights as Basque The right to decide consulted about the framework of speakers? 38. How do you expect the right relations they want to establish Yes. All Basque citizens are of Basques to decide our own with Navarra and Iparralde? entitled to political and social future to become a reality? Yes, and this would mark the rights regardless of the language By virtue of this Compact for Free position of the BAC; at the same we use to express ourselves. Association, the Basque time, however, it is up to the In any case, we must continue institutions will have full powers people of Navarra and Iparralde to move forward in our efforts to to regulate and supervise to decide on the framework of normalize the use of Euskara so democratic consultations, in our relations they want to have with that anyone who wants to use our case by referendum, in the Basque the BAC. language in any aspect of daily life Autonomous Community. can do so naturally and thus effectively exercise their rights. 39. Who will regulate the procedure of consultation in the 45. Will official Basque BAC? Rights and authorities also safeguard the The Basque Parliament, through rights of minorities? the enactment of a specific law. Yes. All democratic official responsibilities authorities safeguard the rights of 40. Will the outcome be binding? minority groups; Basque All Basque institutions with of Basques institutions have been exemplary exclusive powers in their areas will in this aspect. We will continue to be required to comply. 43. Will we enjoy the same rights place absolute priority on as other citizens of Spain? defending all human rights 41. Will the central government Yes. The proposal contains no entrenched in the International be forced to accept the outcome differences or discrimination of Charter of Human Rights, the of the referendum? any type when it comes to International Covenant on Civil When the will of the Basque safeguarding rights with the and Political Rights and in people has an affect on relations guarantees enshrined in the International Covenant on Economic, Social, and Cultural Rights. Judiciary 46. Will the BAC have its own Judiciary? Yes. We think that the judicial branch should enjoy the same autonomy as the executive and legislative branches do in the Basque Autonomous Community. Do we not have our own Basque Government and our own Basque Parliament? Neither of these institutions have caused any problems. So, what we're proposing is to have an autonomous Basque judiciary to complete the three pillars of our self-government.

22 Issue 67 Year 2005 100 questions . . . 100 answers ?

monies we spend on the areas still pending transfer will be taken into account when negotiating with the central government on the annual quota we have to pay. In any event, our primary objective is to improve the welfare of our citizens. No decisions will be made, either economic or legal, that will put what we have achieved so far in jeopardy or harm our citizens in any way.

53. Why hasn't anyone denounced the failure to comply with the Statute of Gernika denounced? We've been condemning non- compliance of the Statute for years, so long, in fact, that it's hard to keep track. It is no longer even a struggle of this particular government or the political parties comprising it. The Basque 47. Will the same laws be The organization and operation of Parliament itself has denounced applied as in the rest of Spain? the Public Prosecutor's Office in the failure to comply with the The important thing is for the the Basque Country would be Statute. And in Madrid they act as Basque courts to administer regulated by the Law of the Basque if failing to implement the justice by applying all the laws in Parliament. Our proposal is for the agreement reached in 1979 had force in Euskadi; this includes Basque judiciary to independently nothing to do with them. They've Basque legislation as well as select the Basque High Court tried to impose a model of relations mutually applicable Spanish, Attorney General, who would be and self-government different from European and International laws. responsible for the defense of the the one negotiated initially. After legal system as a whole. 23 years the time has come not 48. Will we have our own Court only to condemn the situation, but of Justice? 51. Who will name the judges and for the Basque people to go back to In fact, there is already a Basque magistrates in the Basque the negotiation table to create a High Court of Justice. The Country? pact with the state that will be proposal is to extend the powers The organization in charge of honored. and authority of the court so that governing the judicial branch of it becomes the highest appellate the Basque Country in accordance 54. How will the distribution of court, or last resort, responsible with the provisions of the Organic powers work out with the central for handing down decisions on Law of the Judiciary. government? regional and state law. In the new agreement with Spain we have to change the inertia that 49. What powers will the has distorted Basque self-rule and Spanish Supreme Court hold? Powers invalidated many of the capacities As the highest court of justice in 52. If the Basque Government is that were supposedly granted to us Spain, the Supreme Court will be going to invest in the areas under the Statute of Gernika. It responsible for unifying legal contained in the Statute of has to be made clear which doctrine and resolving conflicts Gernika that have not yet been administration is accountable to between the judicial bodies of the devolved from the state, does citizens of Euskadi. Public Basque Country and the rest of that mean we will be paying services aimed at the Basque Spain. more taxes? public should fundamentally be No. It won't be necessary to provided by our own institutions; 50. Who will designate the increase taxes. Instead we will this way we can be ensured that Attorney General of the Basque more effectively manage our they correspond to the demands High Court? resources. In addition, whatever and needs of the Basque people.

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I advocate taking exclusive government policies in 59. Don't we run the risk of responsibility with regard to Euskadi. What exactly does being expelled from the Spanish certain policies, including areas that mean? How does this football league? connected to our own personality: affect the public? Well, it would certainly be a and culture, I'm talking about the need for full means of punishment and education, local and foral autonomy in the design and blackmail incomprehensible to institutions and administrations, organization of our institutions of Basque society. The Welsh football tax levying system and civil law. self-government and to be able to league, for example, plays in The decisions made in these areas create our own democratic rules, international matches, and as far are essential to thefuture of without interference or imposition. as I know their teams take part in Basque identity; it is unreasonable No one has to tell us how to run the English league with no major for the state to be constantly our parliament, or how to regulate problems. If Andorra plays in the interfering, denying us exclusive our political parties, or how our Spanish league, why shouldn't powers. We don't argue about municipal elections should be Basque teams be able to play? decisions affecting areas over organized, or how our local, In any case, personally I think which they have exclusive provincial, or regional councils that in the medium term the best competence. should be managed. Nobody needs Basque teams will end up playing to tell us how to manage our own in a European league. 55. In areas of shared house. competence, how will the 60. With this new pact, would responsibility be apportioned 57. Will we have our own civil laws that unilaterally reduce the between the central government law? autonomy of our education and the Basque Autonomous Yes. In fact, right now in the system be applicable in Euskadi? Community? Basque Autonomous Community No. The Basque Autonomous So far, Spain has used basic Foral civil law of the Basque Community, according to our legislation as a tool for curtailing Country is in force in addition to proposal, would have authority our ability to act, unilaterally common civil law. In this way we over all aspects, levels and degrees misusing such concepts as equality, have our own laws which regulate of education. In all cases, areas of economic unity and general such important aspects as responsibility would be determined interest. inheritances, successions and by the constitutional principles of This is why we want to testaments. Our aim is to maintain guaranteeing equal access to increase our capacities in areas and develop Basque Foral civil law. education and free choice in with the most serious shortfalls so education, with all of the inherent that we can successfully face the 58. When will we have our own rights. It will also provide for all of challenges of the future. We need national sports teams? the mechanisms for coordination to have greater capacities in The proposal specifically includes and evaluation . public security; we need to have this commitment. In today's world the power to legislate in areas without borders, in which so many 61. Will Euskara be compulsory? which affect the economy, stateless nations, such as Scotland Euskara is the official language, employment and labor relations; or Wales, compete internationally together with Spanish, of the we need to manage our own social with their own national teams, we Basque people and everyone has security benefits without don't understand why Euskadi is the right to know and express negatively affecting our principles not allowed to have its own team. themselves in both languages. We of solidarity; and we should have There is no article in the will continue to take whatever the final say in matters regarding Constitution that prohibits such a steps are necessary to make this natural resources and thing. OK, we're a stateless nation, right effective for the Basque- infrastructures located in our but sports are not the birthright speaking community and for people territory. Our proposal is for of states; FIFA has 23 partner who continue to express themselves Euskadi to have laws of its own football from stateless in Spanish. It should also be kept in that are compatible with Spanish nations. mind that our aim is not to have a and European legislation, and for This will be an important bilingual society, but a multilingual us to be responsible for such laws aspect in the new Political one. In the future we should be able since they are crucial to the Agreement for Coexistence with to speak Euskara - our ancestral welfare of Basque society. Spain, not only because it's a language - as well as Spanish and matter of national identity and French, which are also our 56. In your proposal you talk dignity, but because Basque languages. And as an international about the need to guarantee society so overwhelmingly clamors language, we should also be the institutionalization of self- for its own team. capable of speaking English.

24 Issue 67 Year 2005 100 questions . . . 100 answers ? The economy and labor relations 62. Aren't we putting the Basque economy at risk with this proposal for greater self- government? I sincerely believe that the extended self-rule proposed here rather than being a risk, in fact provides additional guarantees for the development of the Basque economy. Euskadi has no problems in terms of economic viability; on the contrary, the more competences and resources we can manage ourselves, the greater our welfare and economic growth. We have proven this fact over the past 23 years by managing our 64. How can this proposal reach an agreement for free self-government with integrity and benefit our region economically? association. There is no talk of efficiency to the benefit of all As I mentioned before, we are breaking away,only of coexistence. citizens, nationalists and non- convinced that assuming greater nationalists alike. powers and reinforcing our self- 66. When it comes to Very few people know that government will benefit economic strengthening our competiti- today the Basque Country is one growth and increase the overall veness, why don't we look more of the ten leading countries, not in welfare of Basque society. toward Europe instead of Europe but the entire world, in Increased self-government Madrid? terms of human development. In increased greater well-being. We Euskadi has been looking toward Euskadi greater self-government have demonstrated this so far, the Europe for decades. We look to has meant greater well-being; this most solid piece of proof being the the North because we want to be a is something all Basques feel quality of life enjoyed by the developed country in Europe with inside, regardless of political Basque people thanks to self- all due respect to the societies in leanings. government run by our own the South. Our efforts to converge institutions. But I also staunchly with Europe have allowed us to 63. Can the Spanish Government believe that the road signposted by exceed the mean disposable pursue a policy of punishment this proposal will lead us to peace. income per capita of a European and make things difficult for I wouldn't be defending this citizen. Our goal is to continue Basque companies? proposal otherwise, and I have no down this path and keep improving I don't see why.After all,what we're doubt whatsoever that a scenario to consolidate ourselves as a proposing is coexistence, not to of peace would be the greatest modern, competitive and, most breaking away. But in any case it is benefit we could hope for and pass importantly, supportive country. better to get rid of any type of fear on to our children. We are ready to be leaders in and talk clearly about these issues. Every morning we all ask Europe in this aspect, and we can Waving the banner of impoveris- ourselves what this country would do it. hment and the high cost of being be like without ETA perpetrated 'anti-Spain' is used excessively to violence and with a pact in place 67. Will we finally be able to intimidate us every time Basque that would allow us respectfully have our own policy on research society demands their rights be coexist. and science? respected.The Spanish Government In fact, we already do, despite the knows only too well that in spite of 65. How would separating from fact that the transfer of power in the heavy weight of violence, Spain affect us economically? this area, as provided for in the terrorism and threats, Euskadi's Would we be poorer? Statute, has not taken place. industrial and economic fabric is We are not suggesting that Euskadi Thanks to our own efforts, with no robust. separate from Spain; our aim is to help from the central government,

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over the past 20 years our people without jobs, particularly of labor relations, as put forth investment in R+D has increased young people, have a greater down in the proposal, there would twenty-fold chance to enter the labor market. be greater guarantees for the The proposal not only stipulates conditions stipulated in the exclusive policies on research and 71. Does the proposal provide collective bargaining agreement to development; the new agreement for a Basque INEM (public be better adapted to our companies would mean devolving all of the employment office)? and the Basque work force. powers that have yet to be Yes. Definitively we have to have transferred,among them,research. all the instruments available to us to develop a genuine public system 68. Will we be able to establish aimed at reducing unemployment, Social welfare, our own framework of labor defining qualifications and relations? integrating men and women into Yes. The proposal calls for Basque the labor force. pensions and social institutions to develop areas of responsibility and initiatives that 72. Would labor conditions security would enable us to have our own improve? framework of labor relations. We Yes. If we had our own framework 73. Will your proposal improve would also strengthen our own the lives of the most labor organizations, such as the disadvantaged? Council for Labour Relations, and Absolutely. Being able to manage priority would be placed on all of the powers in the area of collective agreements reached social protection and welfare will between labor unions and business allow us to build a truly social organizations in the Basque state in Euskadi on order to Country. better meet the needs of the less fortunate members of society. All 69. Are we going to have our Basque citizens of legal age with own labor law separate from no income will be ensured a Spanish law? universal basic income allowance Not separate, no. We can have our in order to lead a decent life. own capacity to legislate labor law, while respecting the essential rights 74. Will our quality of life and obligations of workers and improve, remain the same, or get business on the Spanish and worse? European levels. For this purpose, Without a doubt, it will be the appropriate bilateral enhanced. Self-government has been instruments will be set in place with and will continue to be synonymous Spain and the European Union to with greater well-being for all cooperate in the area of labor Basques. It is so evident that it relations. needs no major explanations. I don't understand why people who, 70. Will all Basques be for purely partisan reasons, try to guaranteed dignified work? frighten or frustrate the public. If What more could we possibly ask self-rule has offered all of us for! There are no guarantees in greater social well-being, why life; we have to work hard to get shouldn't we work toward making ahead. In any case, we are going sure it continues to do so, despite to reinforce programs geared individual ideas, if we're all going to toward training and entry into the benefit? labor force, in an effort to bring unemployment down to a bare 75. Would pensions be paid by minimum, and, in any event, below the Basque Government or the the EU average. Moreover, our Spanish Government? commitment is to use increased The Basque Government. An self-government and the transfer agreement would be reached with of powers to promote social the Spanish Government by which employment programs so that all the Basque Government would

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collect all payments and 79. Will pensioners collect the our own social security sytem; and contributions to the social security same benefits as in the rest of that doesn't mean we would no scheme in the Basque Country and Spain? longer be supportive of the other would then pay benefits attached In principal, all Basque citizens citizens of Spain. to the social security system in the will enjoy the same rights, BAC, including pensions. obligations and social benefits as 83. I contributed to the Social any other Spanish citizen in the Security system for 35 years 76. Will retirement benefits be same personal situation. and am now retired. For health affected in any way? In any event, the idea is that by reasons I spend six months a Absolutely nothing will happen to managing our own social security year in Alicante. Who should retirement benefits.The only change system it will be better and more pay my pension benefits, the might be a more efficient way of efficient. Running the system more Basque Government or the collecting benefits. If Basque efficiently means saving money Spanish Government? institutions could manage our own that can be used to bolster The agreement on social security Social Security system, there would guarantees for pensions in the administration reached between be greater guarantees for collecting future, and to meet the needs of the Basque Government and the pensions in the future - simply the more disadvantaged people in Spanish Government will have to because we would manage them our society. cover situations in which people, better. The proposal for a new for whatever reason, have to either agreement for coexistence has no 80. How can Basques be leave the Basque Country or come intention of jeopardizing the right supportive of the rest of Spain here to live. which so many people have worked in the area of social security? Throughout your working life years to earn. We will not endanger We will contribute our share in you have paid into the social the security of anyone's pension. financing the needs and deficit in security system and therefore you Our self-government has shown that the Spanish Social Security system. are entitled to receive a pension, administering our own powers has whether it is paid by the Basque always led to improvements for our 81. Would the deficit or surplus Government or the Spanish citizens. in the Basque Social Security Government. system be automatically 77. With the low birth rate, transferred to Spain? 84. Will the Basque Government won't the pension system be That would depend on the guarantee a public pension unsustainable? agreement reached with Spain on system similar to that of the Let me just underscore one thing: I how we manage our own social rest of Spain or will it be have no intention of allowing the security system. But other options replaced by a private social system of intergenerational could also be contemplated, such as security account scheme? support, which hinges on the a mixed scheme or shared-risk The Basque Government will pension system, to go bankrupt. system. guarantee a public pension system We are not going to toy with Looking into other options similar to the system used this issue. In fact, we're going to would be an incentive to improve throughout Spain; but in addition improve the pension system, just management. to the minimum guaranteed level, like we have done with our health additional social security schemes service. If we can manage to 82. Do you think it's a good idea for will be promoted and developed so provide better health service why each autonomous region to have its that all retired persons can enjoy shouldn't we be able to do the own regulations and pension better standards of living. same with our pension system?. system? It's not a matter of the BAC having 78. Is there a shortfall in the a set of rules different from the rest Basque Social Security System? of Spain. I think it is reasonable for The environment According to the accounts a person with the same work, family available from Social Security in and personal circumstance who's Euskadi, we have a balanced social contributed the same amount and infrastructure security budget. In other words, during his or her lifetime to collect 85. Will we finally have the those who say that it is impossible the same retirement benefits. Equal power to deal with ecological for Euskadi to manage its own contributions, equal pensions. It's catastrophes like the Prestige oil social security system because it's perfectly possible to have spill? nonviable or shows a deficit, are regulations that are analogous to Yes. The new agreement not only either wrong or have dishonest Spain, but at the same time includes strengthening our self- intentions. managed on the regional level by government; it lays down the

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commitment to comply with all of level, like so many other local Spain, as has been the case until the provisions contained in the entities in Europe. now. Negotiations will take place Statute signed in 1979. Therefore, prior to any project in a joint taking into account that this area 87. Won't the Spanish commission of the Basque was already included 23 years ago, Government want to hold on to Government and the Spanish the first thing we are going to many of the public works Government. demand is compliance. Authority in projects, claiming they are in the the area of marine rescue and the general public interest? 88. What will happen with the struggle against pollution in According to the proposal, high speed train project? territorial waters off the Basque 'general public interest' status will LThe proposal provides for coast are decisive in protecting our not be unilaterally determined by exclusive powers over all railway environment and being able to use infrastructure in the BAC. In all possible resources to deal with cases where such infrastructures catastrophes such as the Prestige. affect other regions or connections with the state- and Europe-wide 86. Would Basque ports and system, such as the so-called airports continue to be in the Basque "Y" rail project, pertinent hands of the central coordination and connection government? criteria will be drawn up to ensure The central government would internal and external accessibility continue to have authority over to the rest of Europe. certain port and airport If the high-speed railway operations, such as air traffic infrastructure had been our control, immigration, border exclusive competence, the Basque control and customs. However, the "Y" would probably be finished by actual ownership of ports and now. For 15 years, the Spanish airports in the Basque Country, Government didn't move a finger and their management, should be until the Basque Government in the hands of Basque expressed its willingness to be institutions. responsible for the project. The And I can't see why Spanish Government prioritized management couldn't even be other lines, leaving Euskadi on the delegated to a joint body with fringe of the European high-speed participation on the municipal system.

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have the necessary instruments in with EU regulations, shall Foreign relations, place to defend and promote guarantee the direct presence of Euskadi's interests abroad. Euskadi in the European Union.

Basque clubs and 91. Will the Spanish Government 93. Will the Basque Country be be able to sign international able to have its own policy of centers treaties that affect the exclusive cooperation with developing powers of the Basque Country? countries? Are we going to meet 89. Will the Basque Country be Our idea is that no international the commitment to 0.7% of our able to have a presence in treaty or agreement signed by Spain budget to international international bodies? can affect the exclusive powers and cooperation? Yes. The Basque Country will ask authority of the Basque Country Yes. In fact, the Basque Country is to join all international without the pertinent authorization already developing its own policy of organizations, such as UNESCO, by the Basque Parliament. cooperation with underdeveloped whose bylaws accept the presence In short, no international countries. We are going to sustain of stateless nations. In addition, treaty signed by the Spanish and broaden this policy and the pact offered to Spain will Government can bring about a establish agreements with these include the possibility for the unilateral modification of the countries so that the aid and Basque Country to sign political agreement; any collaboration efforts of Euskadi are agreements or protocols with amendment must be previously more effective. other international bodies and negotiated and ratified by mutual If we had exclusive power in this institutions in the areas over agreement. area, in addition to the amount of which it has exclusive powers. money Basque institutions already 92. Will the Spanish Government earmark for cooperation projects, 90. Are we going to have our have the right to continue we could directly manage the funds own ambassadors? blocking the presence of Euskadi that Euskadi transfers to the central The Basque Government will have in European institutions? government for financing foreign delegations and offices, the The proposed Compact for Free development projects. In this way, I legal status of which are regulated Association involves the mutual am convinced that we would be by the Law of the Basque recognition and respect and better able to design our own global Parliament. reciprocal loyalty. In this regard, policy for cooperation based on a We are looking at having under one of the clauses, the figure even higher than 0.7% of our ambassadors per se, but we will Spanish Government, in compliance general budget.

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there are discrepancies, how are clearly established, laws Guarantees of will they be resolved? emanating from the Basque A pact is a pact, and it should be Country should be the only ones complied by both parties. If one applicable. Only in the absence self-government. party repeatedly fails to comply thereof would Spanish law be with the agreement we would be applicable. Conflict solution dealing with a scenario of mistrust, which could end up in 99. What happens if there are 94. Will we have to go back and conflict; that is not the path we discrepancies between Euskadi renegotiate the unsettled want to take. To prevent this and Spain with regard to their powers? there would have to a fair and respective powers? Won't we 23 years after having signed the independent authoritative body end up spending days on end in agreement, it's about time it was that could resolve any possible the Constitutional Court? fully respected. We can't rely on discrepancies in the It would be a mistake if we formalizing a new pact with interpretation of the agreement, weren't capable of establishing Spain if the previous one still in accordance with the procedure an instrument that tried to solve hasn't been complied with. This is previously laid down by both why the basis of the new parties. the conflicts before bringing them proposal for coexistence is to court. In my opinion we would founded on fully complying with 97. Until now, Spain has used need to set up a bilateral agency the agreement made in 1979. basic law to weaken the powers for conflict prevention and One of the priority points for already devolved to Euskadi. solution. The agency would negotiation of the new agreement How is this type of interference necessarily handle any between the Basque Country and going to be dealt with in the discrepancies or conflicts that Spain will be to the complete future? might arise between Basque and transfer of powers agreed on in It is true that Spain has abused its Spanish institutions. 1979 in a non-extendable period power in the application of basic of time determined by both law in certain sectors and policies, 100. What good are all the parties. and that this has meant less guarantees if in the end the capacity for self-government. Constitutional Court has the 95. If a new agreement was Therefore, it is important for the last word? Doesn't that mean reached, wouldn't we run the new agreement to also include the that Euskadi will always be at a risk of having to spend another central government's limits on disadvantage? 23 years insisting it be basic legislation, at least in its I don't deny the powers and role respected? application to the Basque of the Constitutional Court; The new agreement would Autonomous Community. Basic however it is true that a bilateral obviously contain not only the law, as its very name implies, agreement between Euskadi and formal points of agreement should be strictly limited to Spain, as we see it, calls for themselves, but also the regulating aspects and principles specific,unique and more balanced instrument, procedure and of a general nature which treatment than the Constitutional deadline by which the pact must guarantee the fundamental rights Court can offer as a legal agency be put into practice. In other and freedoms provided to all designed to pass judgement words, a political commission of residents of Spain. In any case, the regarding conflicts between the the Basque Government and best way of preventing two parties. Spanish Governments at the interference and unwanted conflict highest level would be set up to in the future would be to clearly For this reason, one solution ensure compliance of the define, in the form of an official would be to create a special court agreement in a previously agreement, our own powers, and to attached to the Constitutional stipulated time frame. We need to provide us with guarantees that Court to solve conflicts that have clear guarantees so that the prevent unilateral interpretation. cannot be previously resolved same thing doesn't happen again. through other non-legal channels. 98. Can Spain pass laws in the This special court would be 96. If an agreement is reached Cortes Generales which comprised of Constitutional Court and the Spanish Government unilaterally affect the exclusive magistrates and magistrates does not comply within a powers of the Basque Country? designated by the Basque certain period of time, or if No. Once our exclusive powers Parliament.

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Photo album

The woman in the picture selling snacks in a square in San Sebastian was my great-grandmother, and the boy next to her is my father; I think the picture was taken around 1967. Best wishes Natxo (Ignacio Martínez, Argentina)

DO YOU HAVE A PICTURE TO ADD TO THE ALBUM? If you do, and would like to see it published here, sent it by e-mail to following address: [email protected]

Eusko Jaurlaritzaren Argitalpen Zerbitzu Nagusia Basque Government Central Publication Service