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The Basque Parliament and Government by Iban Bilbao Few Americans understand the background and intricacies of the current political situation in Spain which accords a degree of home-rule to the Basque Country. We have therefore asked Iban Bilbao, former staff member of the Basque Studies Program and currently employed by the Institute of the Basque Diaspora in Vitoria, to provide an overview of the contemporary political scene. When General Francisco Franco died on November 20, 1975, one way of understanding Spain expired as well. That day was the beginning of the end of a political system that was born in the turbulent decade of the 1930s and which shared much in common with the German and Italian fascist orders of the period. The Spain of one single party, the Movement, under the iron rule of one man, Franco, was a classic contradiction of the principle of one man – one vote. Dominated by a rigid centralist view of the makeup of the nation and its government, the Franco regime ignored all that was peculiar to the different regions of Iberia, whether with respect to its inhabitants, cultures or languages. Consequently, in those areas where the sense of distinctiveness was most pronounced, as in the Basque case, the repression of the regime was brutal and harsh. That November of 1975, Spain, the leadership of which had devolved upon a young Bourbon king, Juan Carlos the First, began its own particular journey towards democracy. It was a democratic order profoundly desired by a Spanish society that has slowly evolved social concepts and an economic order similar to those of neighboring western European countries, but which lacked the corresponding political freedoms. With all of the tensions that accompany changes of such magnitude, Spain opted for a new democratic Constitution, that is, a fundamental, democratically inspired law of the land that would inform the rest of the Spanish legal system. Toward this goal elections were held to select representatives to a constitutional convention. This was the first free election that had been held in Spain in forty years. The Constitution was framed in 1978 and put to a national referendum. It was approved by the Spanish electorate as a whole and went into effect immediately. Under this new legal charter, Spain abandoned the rigid centralism of the Franco regime. Rather, there was formal recognition of the existence in the country of “regions and nationalities.” Basque political parties were in basic agreement with this approach, but felt that the Constitution failed to specify sufficient details and guarantees. Consequently, Basque leaders urged their partisans to abstain or to vote against approval. The low voter turnout (about half of the electorate abstained) and high percentage of negative votes (20 percent of the ballots cast) in the Basque areas served notice upon the nation that the Constitution had failed to resolve the longstanding “Basque question.” Though recognizing regions and nationalities, the Constitution was in no way meant to divide Spain into sovereign states that were independent of one another. To the contrary, it specifies that Spain is one nation, one state and one people. In fact, during the deliberations regarding the text of the document, one Basque political party, Euskadiko Ezkerra, tried to inset an article recognizing a Basque right of self-determination, that is, creation of an independent state should the majority of the inhabitants of the Basque Country so desire. The proposal was soundly rejected. Consequently, recognition of “regions and nationalities” under the Spanish Constitution is in no way to be construed as tolerance of separatism, political independence or self-determination. Rather, it confers upon a region, should its inhabitants so desire, the right to form an Autonomous Community (Comunidad Autónoma). Such autonomous communities can be created by “bordering provinces with common historical, cultural and economic characteristics.” Under this new Spanish state structure that which is permitted to regions and nationalities, constituted into autonomous communities, is the right to administer those affairs which are germane to their own individual makeup. That is, they are autonomous because they self-administer their internal affairs. The fact that some of these Autonomous Communities are designated “regions” while others are termed “nationalities” is not of particular importance. Rather, it is formal recognition of certain historical and linguistic realities, but without any intention that such recognition translates into practical distinctions. Both types of Autonomous Communities are treated equally in the Constitution. The document does, however, anticipate that the aspirations for self-government are not the same in all of the Autonomous Communities. For example, they were clearly greater in the Basque Country and Catalonia than in Extremadura. Consequently, there is recognition of different degrees of autonomy. In principle, the Constitution details a series of functions that are the sole purview of the central state, i.e., the Madrid government. Fundamentally, these are matters of interest to the nation as a whole such as monetary policy, foreign relations, and defense. In order to constitute an Autonomous Community its proponents must first promulgate a Statute of Autonomy (Estatuto de Autonomía) which delineates the participating territory, elaborates the proposed political administrative structure and specifies its powers. The initiative must be local and the Statute must be in accord with the Spanish Constitution. Once prepared, the Statute of Autonomy is subjected to a popular referendum of the inhabitants of the proposed Autonomous Community. If it passes it is then submitted to a vote of the Spanish Parliament for final approval or denial. To achieve its autonomy, the Basque Country has had to follow this lengthy procedure. On December 29, 1978 a Statute of Autonomy was approved in Guernica, the town which symbolizes Basque liberties. It was approved in a referendum held in the three provinces of Alava, Vizcaya and Guipuzcoa on October 25 of 1979. The lower house of the Spanish Parliament ratified the Statute on November 29 of the same year and the Senate followed suit on December 12. Prior to approval of the Statute, Basque political autonomy was maintained by a government-in-exile with headquarters in Paris. This government was itself the fruit of a former Statute of Autonomy approved under the Spanish Republic in 1936. Consequently, Jesus Maria de Leizaola, the Basque president-in-exile and successor of President José Antonio de Aguirre, traveled to Guernica to confer the legitimacy of his historical mandate upon the new government (December 16, 1979). Since late 1979 the three Basque provinces have constituted an Autonomous Community. Under the provisions of its Statute, political powers are vested in a Parliament freely elected by the Basque people. This Parliament elects the Basque president, or lehendakari, who is the chief executive in the Basque government. The Basque government administers an autonomous community which is legally known as Euskadi, a name that was proscribed under the Franco regime. In Euskadi, Basque and Spanish have equal status as the official languages and the red, white and green ikurrina, or Basque flag, is the official standard. Alava, Guipuzcoa and Vizcaya currently constitute Euskadi. The ancient kingdom of Navarra has the right to join at some future date if so chooses. However, the Navarrese are very divided over the issue. While many support union with Euskadi, the province currently constitutes its own Autonomous Community. The Statute of Autonomy concedes to the Basque Parliament and government exclusive domain in certain affairs. In these areas of concern Basque public authorities are free to make the decisions they deem desirable. A full listing of these powers would be excessive, however, suffice it to say that they encompass agriculture to industry; from culture, arts and libraries to railroads and highways. One of the greatest concerns in the Basque Country is local control of the forces of public order. During the Franco dictatorship the police were hated and feared in Euskadi. Despite the new democratic trends in Spain there has been little change in the organization of the police force, and the Basque people retain their deep enmity for it. Given this fact, one of the chief accomplishments of the Statute was to establish in the Basque Country local police empowered in all matters not exclusively beyond local concern (such as regulation of customs, passports, foreign residents, etc.). In addition to the foregoing powers, the Basque government is authorized to implement many of the planning decisions that are made by the Madrid government. Which is to say, that even in areas where the decisions ultimately rest with Madrid, their application is actually effected through Basque agencies. Vitoria (Alava) is the capital of Euskadi, that is, the seat of Parliament and the Basque governmental ministries. Once the Statute was approved, the government was faced with a formidable organizational task. In 1980 a general election within the Autonomous Community was convoked to name a Parliament of sixty representatives (20 from each province). Once elected, the Parliament selected the president, the Navarrese Carlos Garaikoetxea. President Garaikoetxea is a leader within the Basque Nationalist Party (Partido Nacionalista Vasco), which is a moderate party of Christian democratic principles. To implement the Statute, the Basque government has developed departments each with a counselor at its head. These include the Departments of Education, Culture, Interior, Labor, Industry, Political Territory, Commerce, Health, Agriculture, Economy, and the Secretariat of the Presidency. By April of 1980, most of the agencies were in place and it could be said that the Basque government had begun to function. However, this signaled the beginning of the real challenge. One must distinguish clearly between the powers conferred upon the Basque government by the Statute, on the one hand, and the effective assumption of them on the other. To empower the Basque government with broad areas of responsibility in the abstract is a necessary first step, the actual transfer of authority and funds is another matter. The process of shifting thousands of jobs and billions of pesetas from the former entrenched Madrid bureaucracy to the fledgling Basque one is fraught with difficulty. The details must be carefully negotiated at every step of the way. Not surprisingly, there have been disappointments, disagreements, and tensions as the authorities in Vitoria and Madrid work through the transitional period. The present Basque government has had the misfortune of living through difficult times. It is faced with a divided country in which politics are highly radicalized. There have been too many years of dictatorship, struggle and violence for there to be an immediate return to tolerance and moderate dialogue. The armed, militant group ETA and its political counterparts maintain their opposition to a Statute of Autonomy produced by a Spanish Constitution that was itself rejected by the Basque people at the ballot box. For ETA members and sympathizers, acceptance of Autonomous Community Status is rejection of the ideal of an independent Basque nation. As if such political confrontation were not enough, the world economic crisis particularly adversely affected the Basque economy, given its reliance upon an antiquated heavy metallurgical industrial base. For its part, Madrid has failed to pursue an intelligent policy with respect to Euskadi. At times poor decisions and impolitic statements from the Spanish capital have served to exacerbate political tensions in the Basque Country. With all of its ups and downs, the work of the Basque government becomes increasingly evident. For example, the highways of Euskadi are now in magnificent shape compared to just four or five years ago. There is also a major effort underway to modernize Basque factories. Numerous Basque students are now studying abroad. The promising National Symphonic Orchestra of Euskadi has begun to perform. There is now a Basque television channel. The Spanish police force continues to maintain public order, but traffic functions are under control of the new Basque police, the Ertzaina, whose red jackets and berets are now commonly seen on the highways of Euskadi. So, despite the difficulties, progress is being made. In the words of one prominent Basque nationalist leader, “astiro, baña aurrera goaz” (“Slowly, but we go forward”). |
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