The Kurds and The Basques

Here you have this interesting essay published by Kurdish Media:

Democratic Transition within the Spanish Constitutional Framework: The Case of the Basque Country

KurdishMedia.com - By Welat Lezgin
10/07/2002 00:00:00

There are many similarities between the opressed Basque and Kurdish ethnic-nationalisms. Both the Basque and the Kurdish issues are heavily influenced by the global changes and are trans-national. Although this essay concentrates specifically on the Basque question, Kurds can draw some useful conclusions from it.

However, there is one thing that should be kept in mind when reading this essay. The process of the erosion of the nation-state, and in paralell to that the rise of regionalism, which has been gaining pace in Europe, has not reached the states that control Kurdistan. The states that occupy Kurdish territories manage their Kurds with the same policies as Franco managed its Basque population during his ruthless reign. The biggest difference is that while the oppressive regime of Franco is long gone leaving his place to a vibrant Spanish civil and democratic society, unfortunately the Kurds are still heavily oppressed, probably by the most backward regimes this planet has ever seen.

Introduction

During the past decade we have witnessed intensifying ethnic conflicts, serious suffering and loss of lives from Bosnia, Kosovo and Kurdistan to Chechenya and beyond in many conflict areas around the world. As Anthony Smith argues, ‘it has become commonplace to recognise the 1990s as the decade of recrudescent ethno-nationalism’.[1] With the development of modernisation through industrialisation, liberal democracy, capitalist economy and universal literacy, nationalism emerged and nation-states were established in the 18th and 19th Century European politics as one of the historical consequences of the French Revolution. Later on, in the wider world through colonial expansion and incorporation, the extension of nationalism and the international system brought together various population groups within the same political units.

For some of these political units the historical progress has not been easy, however. In those countries both in Europe and beyond, where the state-building process has been problematic, the dominant or colonising ethno-nations either supplanted or absorbed the subordinate ethno-nations through a structural assimilation process. They created a system of exploitation by their exclusionist policies, forced assimilation and the denial of civil rights for the other nationalities. This oppression and inequality of citizenship rights contribute to the development of a collective political consciousness and ethno-nationalism by the subordinate ethno-national communities. The denial of identity and ethnic differences, as it happened during the Franco regime in Spain the consequences of which will be examined in detail here, create a political ground for the suppressed communities to seek their self-determination by ousting the foreign rulers and by trying to reshape the states’ despotic political structures, in the case of the Basque Country after the 1978 Spanish constitution for example.[2]

Some ethnic identities with their own distinctive cultures and identity feel on the verge of extinction and aim to save their political future. The regionalist movements can choose violent methods and carry out an armed struggle to establish a more independent political future for themselves, as it has happened in the case of the emergence and continuation of the ETA movement for the same example we study here. Even beyond this European context in the international world, ethnic violence and the regionalist autonomy movements created a system where the modern wars have become intra-, rather than inter-, state since the end of the Second World War.[3] Although it is hoped that the advent of a global culture will inspire peace, prosperity and a general lessening of conflicts, it is not easy to achieve this as a quick glance at the world map of ethnic conflicts would show.[4]

The Basque Autonomy and the 1978 Spanish Constitution

In relation to nationalism in Spain, as Conversi argued, and in parallel with the explanation we gave earlier about the reasons for ethnic conflict, modernity replaces the traditional markers of ethnicity through the subsequent processes of nationalism, namely state centralisation, assimilation of the local elites, and finally the mass migration.[5] In many other cases as well as in the Spanish context, this erosion of traditional societies has created difficult historical memories and caused the development of the aim of independence, despite the cultural assimilation attempts we referred to above. Taken together, these changes in the cultural and political life of the nations give rise to ethnic conflicts, further nationalist mobilisation and the separatist regional movements.[6]

Since we aim to examine the Basque case, we first need to look at the state response for the recognition of the Basque identity in detail here. We will specifically concentrate on the current Spanish Constitution and discuss the position of the minorities, and the Basques in particular. In this context, we will argue that support for secession and independence can diminish if there is a genuine democratic transformation, if the regional ethnic identity is well represented and an advanced level of self-government is allowed.

The landmark 1978 Spanish Constitution was the product of the consensus achieved between the main political parties, which arose out of the fall of the Franco regime. One of the important problems to tackle there was the issue of ethno-nationalism. It is not surprising, therefore, to see in the Constitution that nearly one-tenth of the text is specifically concerned with the regional issues.[7] Also, during the sixteen months of constitutional debates, the autonomy issue for the Basque country became by far the most controversial topic for the discussions.[8]

A key point in this constitutional discussion was the respect for regional languages and the provision for the public awareness of linguistic diversities in the country. The acceptance of this fact, as well as the formal State language, can be seen in the Article 3 of the 1978 Spanish Constitution, which stipulates that:

“Castillian is the official language of the State. All Spaniards have a duty to know it and the right to use it. The other Spanish languages will also be official in their respective Autonomous Communities according to their own Statues. The richness of the distinct linguistic modalities of Spain represents a patrimony, which will be the object of special respect and protection.”

The Constitution also stipulated the national integrity of Span and it warned against any possible misinterpretations in this respect. According to the Article 2:

“The Constitution is based on the indivisible unity of the Spanish Nation, common and indivisible fatherland of all the Spaniards. It acknowledges and guarantees the right to Autonomy of the nationalities and regions, which form it and the solidarity among them.”[9]

An important note for the above stipulation of Article 2 can also be found in the Article 145 of the Constitution, which explains that no federation between Autonomous Communities can be permitted under any circumstances.[10] The most fundamental aspect of the Constitution was its acknowledgement of the existence of other ‘nationalities’ only within the boundaries of one and indivisible Spanish ‘nation’. The three other nationalities, not explicitly mentioned in the Constitution, were Catalonia, the Basque Country and Galicia. But the obvious difficulty was to extend decentralisation to most other regions and, using Conversi’s word, ‘relativising’ the potential impact of the Basque and Catalan autonomies.[11]

In one way or another, a balance had to be struck between the parties of the Right and the autonomist movement to overcome the fear that any reference to the nationalities of Spain and the preference of the Left for a federal-type solution represented a threat to the national unity. The need to obtain the support of the both sides generated endless discussions in the writing of the constitution and it contributed to the lack of precision and incoherence in some parts of the text, especially in the sections regarding the historical nationalities. Nevertheless, in the end of this process, and for the first time in the nation’s history, Spain would have a constitution which was not the consequence of the opposition of any significant political force against the others. No one agreed with the entire constitutional text, but almost no one felt it was absolutely unacceptable, either.[12] . More importantly, the fascist character of Spanish nationalism defended by Francoism was seriously questioned by the 1978 Constitution, which not only aimed at the transformation of Spain into a democratic state, but also admitted the existence of national minorities within its territory as a crucial part of this democratisation process.

Another positive point for the tolerance of the other ethnic groups was that at each stage of its approval large majorities supported the Constitution, which in the end created the belief that this was a Constitution ‘of all the people for all the people’. It is also important to note that when Spaniards went to the polls on 6 December 1978, the Constitution was approved by 87.8 percent of the voters. While the percentage of abstentions, 32 percent in Spain as a whole and 56 percent in parts of the Basque Country, gave the government and the major opposition parties some cause for concern, the Spanish people seemed to have voted convincingly to open a new democratic chapter in the country’s history.[13]

By emphasising the indissoluble unity of Spain, while recognising and guaranteeing the right to autonomy of the nationalities and regions, the Constitution put forward a radically new model of the state, which rejected the Francoist centralism. But even more importantly, as we have seen earlier, the Article Two attempted to reconcile the two opposing conceptions of Spain, which were at stake during the Spanish Civil War. ‘Unity’ had to be preserved even though it was dramatically challenged by the recognition of the existence of ‘nationalities and regions’ within Spain. In this context, the reference to ‘the Spanish nation’ as the ‘common patria’ of all Spaniards seemed compatible with the existence of the other ‘little patrias’, such as Catalonia or the Basque Country.[14]

The Constitution also recognises and protects the right to ‘express and disseminate freely thoughts, ideas and opinions by word, in writing or any other means of reproduction’ (Article 20.1). In the following paragraph, the Article 20.2 forbids any form of prior censorship, something that was widely practised during the greater part of the Franco regime. Article 20.3, in a highly significant statement, ensures that the means of communication belonging to the state or other public entities shall be subject to parliamentary control and that access shall be guaranteed to all the social and political groups by ‘respecting the pluralism of society and the various languages of Spain’. On the right of assembly, which is another critical issue for the tolerance of ethno-nationalist differences, the Article 21.2 recognises the right of assembly provided that it is peaceful and it does not involve the use of violence. Assemblies in the public places and demonstrations require the permission of the authorities but can only be forbidden when there is a serious risk to public order or to the safety of the people and property.

Finally, on the right of association, the Article 22 recognises the right of association for all organisations, except for those whose objectives include activities declared to be of a criminal nature. Secret or paramilitary organisations are also banned in the same provision, which has particular relevance to political parties and workers’ organisations and trade unions. Over the last century the groups in Spain, as well as in other European countries, have waged an often one-sided battle to have these political and economic rights recognised. This development in Spanish history was also significant since it came after forty years of illegality for any organisation which did not conform in its aims and ideology to the narrow views of Franco’s National Movement.[15]

Overall, the 1978 Constitution rejects exclusive nationalism, whether it is the Spanish nationalism to the exclusion of the other group rights, or peripheral nationalism which rejects the State sovereignty with the probable inclusion of the other communities against the Central State nationalism on the basis of their claim to difference. But all the seventeen autonomous communities are now subject not only to the Constitution but also their own statues of autonomy, which govern all aspects of political life at regional level. In effect, they constitute regional constitutions. At the simplest level, a statue enables a region to organise its own institutions of self-government and establish the parameters of its own particular relationship with the central authorities.

It is interesting to note that, although these statues have many features in common, because each is the result of a long process of political negotiation, they all have individual features which reflect their own special relationship with Madrid. The Basque Statue, enshrines the restoration of the economic agreements, involving certain tax-raising privileges, while the Catalan Statute grants the region considerable freedom in matters related to education, culture and language. In common with the federal systems, with which the structure of the state had so much in common, the autonomous communities were granted the right of legislation and to execute and administer the laws through their provincial delegations. With this establishment of Autonomous Communities, the Basque and the Catalan regions also received the right to establish autonomous education systems, separate police forces and independent television networks. Additionally, the Basque and Catalan languages gained an official status alongside the Castillian in their own regions.[16]

These steps were taken to ensure a smooth democratic transition for all the peoples of Spain after the Second World War and its aftermath. However, given the expectations surrounding this programme of regionalism amongst the historic nationalities, and the economic climate for any territorial settlement in the 1970s and 1980s, it became inevitable that the reforms would fail to satisfy all the national and regional interest groups in the Spanish territory. The process of devolution has often been muddled and indecisive, although by the late 1980s major reforms had been implemented. Overall, this historic decentralisation process was probably unparalleled in terms of speed and scale elsewhere in the Western Europe.

Authentic autonomy also required the control of the financial resources. Article 156 of the Constitution recognised the right of the autonomous communities to financial autonomy, which is guaranteed in the Statues of Autonomy. The regional governments have been granted considerable freedom in spending and drawing up their own budgets, but were also subjected to strict limitations for levying their own taxes (or to share the taxes levied by the state). Over the past decade (in the 1990s), the regional governments had to take responsibility for increasingly large budgets and they managed substantial human, material and financial resources.[17]

On the issue of funds, while fifteen of the autonomous communities rely largely on the state to transfer funds in their direction, the Basque Country and Navarre enjoy the benefits of their historic rights (fueros). The Basque populated provinces (Alava, Guipuzcoa and Vizcaya) and the single province of Navarre, have the right to levy and collect all taxes, except for the custom duties and the taxes on petroleum products and tobacco. Furthermore, with respect to public security, Article 149 allowed fully autonomous regions to create their own regional police forces. The first region to take advantage of this was the Basque Country, which in 1980 created its own force, the Ertzaintza.

As it is seen in the examination above, the modern Spanish State has become highly de-centralised and extensive powers have been devolved to the regions, especially the Catalan and Basque regions due to their historical background and the level of ethnic consciousness. What we will be examining and discussing now is the development of Basque separatism and its continuation despite the democratic transition and the devolved powers for the region. What we are aiming to understand is how the democratic change has undermined the support for separatism and the armed struggle. We will also aim to explain why, despite the extensive devolution of power from the core to the peripheries, the radical Basque separatist organisation ETA (‘Basque Homeland and Freedom’) has been persistent in pursuing the political aim of creating an independent Basque Country by violent means.

Notes

Smith, A. 1999. ‘Ethnic election and national destiny: some religious origins of nationalist ideal’, Nations and Nationalism 5 (3), p.331-55. Ignatieff takes this further by arguing that ‘the key language of our age is ethnic-nationalism’. Ignatieff, M. (1994) Blood and Belonging: Journeys into the New Millennium. New York: Farrar, Strauss and Giroux. p. 5.

2 Smith, A. (1991) National Identity. Reno, NV: University of Nevada Press.

3 This was pointed out by Wilson, R. ‘The politics of contemporary ethno-nationalist conflicts’, in Nations and Nationalism. 7 (3), 2001, p.368. The role of the state oppression is also important here as it helps to radicalise the movement of that specific identity.

4 For a general, global overview of ethnic conflicts, see Gurr, T. R. (1993). Minorities at Risk: A global View of Ethnopolitical Conflicts. Washington. DC. United States Institute of Peace Press.

5 See the analysis in Conversi, D. (1997) The Basques, the Catalans and Spain: Alternative Routes to Nationalist Mobilisation. London: Hurst & Company. p. 257.

6 The role of the nationalist elites has been to use such ‘slumbering’ human material and raise a set of popular myths and perceptions in the process. On this significance of the intellectuals for the nationalist interpretation of ethnic origins of nations, see Smith, A. (1986) The Ethnic Origins of Nations. London: Basil Blackwell.

7 The Spanish Constitution can be found online at http://www.uni-wuerzburg.de/law/sp00t___.html (the English translation) and at http://constitucion.rediris.es/CodigoConst/Codigo.html(the Spanish original).

8 Heywood, P. (1995). The Government and Politics of Spain: Comparative Government and Politics. London: Macmillan Press. p.143.

9 This basic principle is developed in detail in Section VIII of the Constitution entitled ‘The Territorial Organisation of the State’. Article 13.1 spells out this territorial integrity when the establishment of the self-governing regions becomes an issue: “Exercising the right to autonomy recognised in article 2 of the Constitution, adjoining provinces with common historical, cultural and economic characteristics, the islands and the provinces with a historical regional identity will be able to accede to self-government and form autonomous communities in accordance with the provisions of this section of the Constitution and of their respective statues.”

10 The aim of this article was to prevent the possibility of unification between the regions themselves. For example, the pan-Catalanism made reference to the importance of Valencia and the Balearic Islands, while the question of Navarre began to fuel nationalism in the Basque Country. (Conversi, p.144)

11 Conversi, D. (1997). p.144. There are now seventeen ‘Autonomous Communities’ on the official map, some entirely invented. Thus the modern Spanish State has become one of the most decentralised countries in Europe, as argued by Colomer, M. J. (1999), p.40

12 This was observed by Colomer, M. J. (1999). ‘The Spanish State of Autonomies: Non-Institutional Federalism’ in Politics and Policy in Democratic Spain. (Ed.) Paul Heywood. London: Frank Cass Publishers, p. 41 in particular. As Carr and Fusi put it at the time, this was the first Spanish constitution which was a result of ‘neither the unilateral imposition of a particular party nor the expression of a single ideology’. Carr, R. and Fusi, P. (1979) Spain: Dictatorship to Democracy. London: George Allen. p. 244.

13 The Basque nationalists urged their electorate to abstain from the constitutional referendum, arguing that the pre-existence of the Basque rights or fueros had not been clearly recognised. Michael T. Newton and Peter J. Donaghy (1997) Institutions of Modern Spain: A political and Economic Guide, Cambridge: Cambridge University Press, pp. 15-16.

14 Smith, G. (1995) ‘Federation: The multiethnic challenge’, in Montserrat Guibernau, Spain: Federation in the making? London: Longman.

15 Newton, T. M with Donaghy J. P. (1997) Institutions of Modern Spain: A political and Economic Guide. Cambridge, Cambridge University Press. p. 22.

16 These measures were particularly important in meeting the demands of the Catalans cultural autonomy. Del Rion, J. and Williams, A. (1999). ‘Regionalism in Iberia’ in Regionalism in the European Union. Peter Wagstaff (ed.) Exeter: Intellect. p. 179.

17 ibid. p.130.

Bibliography

Aguero, F. (1995) Soldiers, Civilians and Democracy: Post-Franco Spain in Comparative Perspective. London: Johns Hopkins University Press.

Carr, R. and Fusi, P. (1979). Spain: Dictatorship to Democracy. London: George Allen.

Clark, R. P. (1990) Negotiating with ETA. Reno: University of Nevada Press.

Clark, R. P. (1984) The Basque Insurgents. ETA, 1952 - 1980. Madison: University of Wisconsin Press.

Conversi, D. (1997) The Basques, the Catalans and Spain: Alternative Routes to Nationalist Mobilisation. London: Hurst & Company.

Del Rion, J. and Williams, A. (1999). ‘Regionalism in Iberia’ in Regionalism in the European Union. Peter Wagstaff (ed.) Exeter: Intellect.

Desfor Edles, L. (1998) Symbol and Ritual in the new Spain: The Transition to Democracy after Franco. Cambridge: Cambridge University Press.

Fanon, F. (1963) The Wretched of the Earth. London: Penguin Books.

Guibernau, M. (1995) Spain: Federation in the making? London: Longman

Gilmour, D. (1985) The Transformation of Spain. London: Quartet Books.

Gurr, T. R. (1993). Minorities at Risk: A global View of Ethnopolitical Conflicts. Washington. DC. United States Institute of Peace Press.

Heywood, P. (1995). The Government and Politics of Spain: Comparative Government and Politics. London: Macmillan Press.

Heywood, P. (ed.) (1999) Politics and Policy in Democratic Spain. London: Frank Cass Publishers.

Ignatieff, M. (1994) Blood and Belonging: Journeys into the New Millennium. New York: Farrar, Strauss and Giroux.

Irvin, L. C. (1999) Militant Nationalism: Between Movement and Party in Ireland and the Basque Country. Minneapolis: University of Minnesota Press.

Isaacs, H. R. (1989). Idols of the Tribe: Group Identity and Political Change. Cambridge, MA: Harvard University Press.

Maries, J. (1990) Understanding Spain. San Juan: University of Puerto Rico Press.

Mar-Molinero, C. and Smith, A. (Eds.) (1996) Nationalism and the Nation in the Iberian Peninsula: Competing and Conflicting Identities. Oxford: Berg.

Medrano, J. D. (1995) Divided Nations: Class, Politics, and Nationalism in the Basque Country and Catalonia. London: Cornell University Press.

Moxon-Brown, E. (1989). Political Change in Spain. London: Routledge.

Newton, T. M with Donaghy J. P. (1997) Institutions of Modern Spain: A political and Economic Guide, Cambridge, Cambridge University Press.

Ross, J. C. (1997) Contemporary Spain: A Handbook. London: Arnold.

Smith, A. (1991) National Identity. Reno, NV:University of Nevada Press.

Smith, A. (1986) The Ethnic Origins of Nations. London: Basil Blackwell.

Sullivan, J. (1988). ETA and Basque Nationalism: The Fight for Euzkadi, 1890-1986. London: Routledge.

Woodworth, P. (2001) Dirty War Clean Hands: ETA, the GAL and Spanish Democracy. Cork: Cork University Press.

Zirakzadeh, C. (1991) A rebellious people. Reno. University of Nevada Press.

Journals

Smith, A. 1999. ‘Ethnic election and national destiny: some religious origins of nationalist ideal’, Nations and Nationalism 5 (3).

Wallace, W. 1999. ‘The sharing of sovereignty: the European paradox’. Political Studies. Vol. 47.

Wilson, R. ‘The politics of contemporary ethno-nationalist conflicts’. Nations and Nationalism. 7 (3), 2001

Other sources

Documentaries:

States of Terror: The Organisation ETA, BBC1, 01/12/93.

Internet:

http://constitucion.rediris.es/CodigoConst/Codigo.html

http://www.uni-wuerzburg.de/law/sp00t.html

Is obvious that things are so bad for the Kurdish that when it comes to sovereignty, the crumbles that Spain has given to Euskal Herria seem like gold bars to them.

.... ... .