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Spain: Madrid threatens withdrawal of Basque autonomy
By Paul Bond
8 July 2003
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Relations between the Spanish government in Madrid and the
local government of the Basque Autonomous Region have worsened
since the recent local elections.
Madrid has threatened to suspend the regions autonomy
for the first time since it was granted under the 1979 Constitution.
Criminal charges have been filed against members of the Basque
parliament.
The tension has been mounting for some time. The Basque region
has been used by the Popular Party (PP) government of Jose-Maria
Aznar as a test bed for a widespread assault on democratic rights.
Aznars active support for the American-led onslaught against
Iraq alienated him from a large part of the Spanish population
(up to 91 percent opposed the war). He had also been an enthusiastic
supporter of the post-September 11 War on Terror,
seeing in it an opportunity to suppress finally the Basque separatist
terror group).
Repression against Basque separatist parties has been mounting
steadily. Last years Political Parties Law allows
the state to ban any political party that supports,
justifies or covers for terrorists. (Significantly,
application of this law is not restricted to the Basque region.)
ETA was already a proscribed organisation. In March, however,
the government attacked the parliamentary Basque separatist party
Batasuna, describing it as a front for ETA. Batasuna is widely
seen as being the parliamentary party representing ETA, although
there is no direct evidence linking the two organisations. The
government used the Political Parties Law to ban Batasuna.
When Batasuna supporters tried to re-form under the name Autodeterminaziorko
Bilgunea (AuB), the Constitutional Court took steps to ensure
that any new organisation would also be banned. Aznar had effectively
secured the banning of 1,500 separatist candidates in the run-up
to the local elections, as well as asserting that any future attempt
by them to stand would also be suppressed.
One of the first rewards Aznar received from the Bush administration
for his support of the war against Iraq was its active assistance
in this assault on democratic rights. ETA had long been on the
USs blacklist of proscribed terrorist organisations. Aznar
now requested that the US State Department also add Batasuna to
the list. They were happy to oblige.
Aznar flew to Washington, where Secretary of State Colin Powell
delayed making an announcement until his arrival. The timing of
the announcement was described even by the centre-right, pro-government
Spanish paper El Mundo as an ugly manipulation of
information. In an agreement signed on April 30, Powell
added Batasuna (and two of its predecessor groups) to the blacklist,
meaning that any assets in the US can now be seized. Aznar declared
the ban on Batasuna the first consequence of Spains
relationship with the United States, and described it as
a very important decision for the struggle against terrorism.
The support of the US emboldened Aznar further, and he made
a subsequent appeal to the European Union (EU) to add Batasuna
to its own list of terrorist organisations. The EU duly obliged
at the end of May. The EU list requires all member states to give
the broadest possible assistance to police and prosecutors,
although it leaves decisions on dealing with an organisations
assets up to national governments.
In the absence of any concrete link between Batasuna and ETA,
this amounts to granting Aznar a free hand in the suppression
of any domestic regional parliamentary opposition. It was already
being suggested that the Spanish police had returned to torturing
their opponents. In February, the left-leaning Basque-language
paper Egunkania was closed down for refusing to join the
attacks on ETA. Its editor Marcelo Otamendi was arrested. He accuses
the police of torturing him in custody.
Riot police wielding batons broke up demonstrations opposing
the governments ban on Batasuna. There were also calls for
the banning of a Basque-language television station simply for
reporting an ETA statement.
The scale of the assault on democratic rights can be seen from
the fact that some 10 percent of the regional electorate were
effectively disenfranchised at the local elections. Mayors of
more than 60 towns and villages were unable to stand. This marked
the first time since the death of the fascist General Franco in
1975 that Basques were not able to vote for a pro-independence
party.
Aznar made it clear that the government was not just clamping
down on pro-independence separatists. Madrid had also started
threatening the conservative ruling Basque Nationalist Party (PNV).
Aznar called the PNV soft on terrorism for suggesting
the measures would force youth away from the political process.
One senior Basque politician said that Aznars policies assumed
that all Basques supported ETA. Aznar was simply stating his governments
refusal to tolerate any opposition at all.
Far from ending terrorist activity, the decision to ban AuB
was followed immediately by an increase in ETA bomb attacks. The
Batasuna candidates have formed a new organization, Sozialista
Abertzaleak (SA), and around 10 percent of voters cast home-made
ballot papers that were declared null votes. There were 127,335
null votes, which compares broadly with the 10 percent of the
vote Batasuna won in the 2001 elections to the Basque parliament.
(Its highest return was 20 per cent during the 1999 municipal
elections, during an ETA ceasefire.)
The Aznar government had seen the banning of Batasuna/AuB as
an opportunity to undermine the coalition Basque government of
the PNV and the EA (Eusko Alkartasuna, a moderate separatist party
which split from the PNV in 1986). The PNV-EA had been proposing
an extension of the regions autonomous powers. The results
of the election have actually left the PNV-EA coalition as the
dominant electoral force in the region.
Of the three territories in the Basque autonomous region, Vizcaya
and Guipuzcoa have historically been the heartland of the nationalist
and separatist parties. However, even in Alava, which has been
controlled by a coalition of the PP and the social democratic
PSOE, the PNV-EA (which stood together) was the single biggest
electoral grouping. The PP and PSOE have been trying to come to
some agreement in order to keep the PNV-EA from a position of
power.
Gorka Knorr, a senior member of the PNV-EA coalition, said
that Batasuna remained a political force. The PNV-EA
are actively negotiating for support from Batasuna for their proposals
for greater autonomy. Knorr stated, The key to the whole
process remains in the hands of Batasuna.
Batasunas Arnaldo Otegi has promised the beginning of
a campaign of civil disobedience in protest. Under electoral legislation,
Batasunas former deputies will continue to sit in the parliament
until the end of its legislature.
Following the election, the Spanish Supreme Court demanded
that the regional assembly disband the new grouping Sozialista
Abertzaleak immediately. The Court called on the regional assembly
to seize the SAs assets, suspend its funding, close its
offices and prevent its representatives from participating in
parliamentary activities. Both PP and PSOE representatives within
the regional parliament supported this call.
A meeting of the parliaments party leaders, however,
voted 3-2 (with one abstention) to reject the demand. The Spanish
justice minister Jose Maria Michavila immediately announced that
the court would set in motion the penal mechanisms to demand
the penal responsibilities of those who want to collaborate with
terrorists.
The PNVs Joseba Egivar denounced the Supreme Court decision
as being about the submission of the Basque parliament. The president
of the Basque parliament, Juan Maria Atuxa, argued that any dissolution
of the SA would require changes to parliamentary rules. These
could only be agreed by all parties. The regional minister of
justice, Joseba Azcarraga, argued that the Supreme Court ruling
was unenforceable because it contradicted autonomous legislation.
Jaime Mayor Oreja, the PPs spokesman in the Basque parliament,
took a hard-line, stating that the solution to the problem would
begin with the withdrawal of any proposals for self-determination.
Jose Luis Rodriguez Zapatero rejected a proposal to negotiate
a solution, saying that the only solution was to comply with the
Supreme Courts ruling. The PPs secretary general Javier
Arenas said that it was a matter of obeying the law, and the negotiation
of court rulings would only be possible in banana republics.
With the Basque parliament refusing to comply with the ruling,
the public prosecutor filed criminal charges against Juan Maria
Atutxa and two other senior politicians for defying authority.
The regional court must decide whether to prosecute the three
politicians. If they were to be found guilty, they could be fined
around 2,000 (US$2,338) and barred from holding office for
up to two years.
It was Oreja who expressed the PPs determination to assert
its authority no matter what the opposition. If there is
uninterrupted defiance then clearly there will come a point when
it will be possible to apply the famous constitutional clause
allowing the suspension of autonomy.
The threat to withdraw autonomy met with anger in the parliament.
In a clear reference to the dictatorship of General Franco, Josu
Jon Imaz, a Basque government spokesman, said that autonomy was
not a gracious concession from the PPs government
which can be installed or eliminated by decree in a manner reminiscent
of past times.
See Also:
Spain to outlaw Basque
nationalist party
[16 September 2002]
Spanish government
moves to ban Basque separatist party
[17 August 2002]
Basque nationalists
win regional elections
[16 May 2001]
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