Agreement for the normalisation and Pacification of Euskadi (Pact of Ajuria-Enea)

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Country/entity: Spain
Basque Country
Region: Europe and Eurasia
Agreement name: Agreement for the normalisation and Pacification of Euskadi (Pact of Ajuria-Enea)
Date: 1 Jan 2000
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Basque Conflict (1959 - 2011)
Since 1959, the Basque National Liberation Movement, with the separatist group Euskadi Ta Askata-suna (ETA) being the most important armed group, engaged the Spanish and French governments in a political and armed conflict in an attempt to gain independence in the Basque region. Known as Europe's longest running war, the conflict killed over a 1,000. Peace talks were not formally held until 1989, but fell through and violence resumed until another ceasefire was announced by ETA in 1996. Successive Spanish governments rejected talks with ETA until 1998, nonetheless the Spanish government refused to discuss any demands for independence. However, when the government prematurely blamed ETA for the Madrid train bombing in 2004, the conservative government lost to the socialist party who began peace talks. In 2006 ETA announced another ceasefire, and talks continued into 2007 despite the explosion of a car bomb at Madrid airport in 2007. The end of negotiations in 2007 led to an intensified crackdown on ETA by the Spanish government. In 2010, ETA announced an end to armed conflict after intense crackdowns. An international peace conference held in October 2011 resulted in a plea for ETA to renounce violence. Since then violence has ceased. ETA’s official disarmament began in April 2017 and formal disbandment of the group was finalized in May 2018.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Spain - Basque internal process
Parties: The Document does not list parties, but records show that it was signed by all Basque political parties other than Herri Batasuna.
Third parties: -
Description: A short agreement reaffirming support for existing Basque political structures and rejecting political violence and terrorism.

Agreement document: SP-B_980112 Agreement for normalisation.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1,
... From this perspective, the political parties signing this agreement wish to stress the fact that any reference made in the AGREEMENT to the political problems in the Basque Country, to the development of the Statute, or to the relations the Autonomous Community of the Basque Country may have with the Community of Navarra, may in no case be understood as an attempt to justify terrorism nor as a condition, compensation or exchange for the ending of terrorist violence, which lacks any kind of justification in this society. The Basque political parties’ condemnation and rejection of ETA is based on the legitimacy conferred on them by their democratic, peaceful defence of the principle of self-government for our people.

Page 1-2,
... Thanks to the positive dispositions it contained and these reservations, together with the First Additional Disposition and the possibilities offered by Article 150.2 of the Spanish Constitution, the Basques accepted that the Statute of Gernika was a valid instrument for the gradual satisfaction of their aspirations and endorsed it by an ample majority.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 1,
... The recovery of democratic freedoms and, in particular, the approval via referendum of the Statute of Gernika, were two decisive events that brought about a radical change in the political situation in the Autonomous Community of the Basque Country.

Page 1-2,
... Thanks to the positive dispositions it contained and these reservations, together with the First Additional Disposition and the possibilities offered by Article 150.2 of the Spanish Constitution, the Basques accepted that the Statute of Gernika was a valid instrument for the gradual satisfaction of their aspirations and endorsed it by an ample majority.

Page 2,
... Some sectors that had continued to use violence to achieve their political ends also understood the novelty of the situation created by the approval of the Statute and abandoned the use of violence and decided to go into normal political activity within the framework approved by the majority.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1,
... Because the Statute of Gernika - itself the result of long and, at times, arduous negotiations, which eventually led to a genuine pact between the representatives of the Assembly of Basque Parliamentarians and those from the Constitutional Commission of the Spanish Parliament - is the focal point of the will of the majority of the Basques and the legal framework which Basque society, at a particular historical juncture, provided itself with to gain access to self-government and to regulate its peaceful coexistence. It therefore represents the legitimately endorsed expression of the will of the Basques and is also an unprecedented achievement in their contemporary history, despite the fact that it does not satisfy each and every one of the claims made by a number of different sectors representing the broad range of society’s interests.

Page 1,
... The text of the Statute also contains the mechanisms, duly endorsed by the democratic expression of the people’s will, required for its reform. Further, as an expression of the respect for and acknowledgement of the aspirations to self-government the Basques have held throughout their history, in an Additional Disposition, the Statute expressly reserves the rights to which the Basques might have been entitled to by virtue of their history. The Additional Disposition also states that the acceptance by the Basques of the present system of autonomy does not mean that they thereby relinquish their claim to have those rights updated, through the expression of their will at each moment and in accordance with the stipulations of the legal system.

Page 2,
... Besides being a particularly dramatic expression of intolerance and sectarianism, besides being a demonstration of unacceptable contempt for the will of the majority and an attack on the fundamental rights of the individual, the illegitimate and reprehensible use of violence continues to have disastrous consequences for Basque society in moral, social, political and economic terms. The substantial distortion and deterioration of these aspects of our civil society is the only practical result of such violence.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1,
... The recovery of democratic freedoms and, in particular, the approval via referendum of the Statute of Gernika, were two decisive events that brought about a radical change in the political situation in the Autonomous Community of the Basque Country.

Page 1,
... Because the Statute of Gernika - itself the result of long and, at times, arduous negotiations, which eventually led to a genuine pact between the representatives of the Assembly of Basque Parliamentarians and those from the Constitutional Commission of the Spanish Parliament - is the focal point of the will of the majority of the Basques and the legal framework which Basque society, at a particular historical juncture, provided itself with to gain access to self-government and to regulate its peaceful coexistence. It therefore represents the legitimately endorsed expression of the will of the Basques and is also an unprecedented achievement in their contemporary history, despite the fact that it does not satisfy each and every one of the claims made by a number of different sectors representing the broad range of society’s interests.

Page 1,
... The text of the Statute also contains the mechanisms, duly endorsed by the democratic expression of the people’s will, required for its reform. Further, as an expression of the respect for and acknowledgement of the aspirations to self-government the Basques have held throughout their history, in an Additional Disposition, the Statute expressly reserves the rights to which the Basques might have been entitled to by virtue of their history. The Additional Disposition also states that the acceptance by the Basques of the present system of autonomy does not mean that they thereby relinquish their claim to have those rights updated, through the expression of their will at each moment and in accordance with the stipulations of the legal system.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 1,
... The text of the Statute also contains the mechanisms, duly endorsed by the democratic expression of the people’s will, required for its reform. Further, as an expression of the respect for and acknowledgement of the aspirations to self-government the Basques have held throughout their history, in an Additional Disposition, the Statute expressly reserves the rights to which the Basques might have been entitled to by virtue of their history. The Additional Disposition also states that the acceptance by the Basques of the present system of autonomy does not mean that they thereby relinquish their claim to have those rights updated, through the expression of their will at each moment and in accordance with the stipulations of the legal system.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1,
Almost eleven years after the first democratic elections, the phenomenon of terrorism remains with us. So, clearly, eradicating terrorism continues to be a major objective for all our institutions and democratic agents. The fight against terrorism is, above all, the struggle of right against wrong, of life against death, of freedom against imposition. It is the effort made to ensure that the ethical principles on which coexistence in a civilised society is based prevail over those who deny them.

Page 1,
... The recovery of democratic freedoms and, in particular, the approval via referendum of the Statute of Gernika, were two decisive events that brought about a radical change in the political situation in the Autonomous Community of the Basque Country.

Page 1,
... From this perspective, the political parties signing this agreement wish to stress the fact that any reference made in the AGREEMENT to the political problems in the Basque Country, to the development of the Statute, or to the relations the Autonomous Community of the Basque Country may have with the Community of Navarra, may in no case be understood as an attempt to justify terrorism nor as a condition, compensation or exchange for the ending of terrorist violence, which lacks any kind of justification in this society. The Basque political parties’ condemnation and rejection of ETA is based on the legitimacy conferred on them by their democratic, peaceful defence of the principle of self-government for our people.

Page 1,
... The text of the Statute also contains the mechanisms, duly endorsed by the democratic expression of the people’s will, required for its reform. Further, as an expression of the respect for and acknowledgement of the aspirations to self-government the Basques have held throughout their history, in an Additional Disposition, the Statute expressly reserves the rights to which the Basques might have been entitled to by virtue of their history. The Additional Disposition also states that the acceptance by the Basques of the present system of autonomy does not mean that they thereby relinquish their claim to have those rights updated, through the expression of their will at each moment and in accordance with the stipulations of the legal system.

Page 2,
... Today, however, eight years after the approval of the Statute, certain sectors continue to use violence against the will of the majority - clearly and repeatedly expressed by the Basques - as a means of imposing alternative political models that have still not been given coherent political form and which have won no more than minority support in all elections held.

Page 2,
... Besides being a particularly dramatic expression of intolerance and sectarianism, besides being a demonstration of unacceptable contempt for the will of the majority and an attack on the fundamental rights of the individual, the illegitimate and reprehensible use of violence continues to have disastrous consequences for Basque society in moral, social, political and economic terms. The substantial distortion and deterioration of these aspects of our civil society is the only practical result of such violence.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1,
Almost eleven years after the first democratic elections, the phenomenon of terrorism remains with us. So, clearly, eradicating terrorism continues to be a major objective for all our institutions and democratic agents. The fight against terrorism is, above all, the struggle of right against wrong, of life against death, of freedom against imposition. It is the effort made to ensure that the ethical principles on which coexistence in a civilised society is based prevail over those who deny them.

Page 2,
... Some sectors that had continued to use violence to achieve their political ends also understood the novelty of the situation created by the approval of the Statute and abandoned the use of violence and decided to go into normal political activity within the framework approved by the majority.

Page 2,
... Today, however, eight years after the approval of the Statute, certain sectors continue to use violence against the will of the majority - clearly and repeatedly expressed by the Basques - as a means of imposing alternative political models that have still not been given coherent political form and which have won no more than minority support in all elections held.

Page 2,
... Besides being a particularly dramatic expression of intolerance and sectarianism, besides being a demonstration of unacceptable contempt for the will of the majority and an attack on the fundamental rights of the individual, the illegitimate and reprehensible use of violence continues to have disastrous consequences for Basque society in moral, social, political and economic terms. The substantial distortion and deterioration of these aspects of our civil society is the only practical result of such violence.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: Page 1,
Almost eleven years after the first democratic elections, the phenomenon of terrorism remains with us. So, clearly, eradicating terrorism continues to be a major objective for all our institutions and democratic agents. The fight against terrorism is, above all, the struggle of right against wrong, of life against death, of freedom against imposition. It is the effort made to ensure that the ethical principles on which coexistence in a civilised society is based prevail over those who deny them.

Page 1,
... From this perspective, the political parties signing this agreement wish to stress the fact that any reference made in the AGREEMENT to the political problems in the Basque Country, to the development of the Statute, or to the relations the Autonomous Community of the Basque Country may have with the Community of Navarra, may in no case be understood as an attempt to justify terrorism nor as a condition, compensation or exchange for the ending of terrorist violence, which lacks any kind of justification in this society. The Basque political parties’ condemnation and rejection of ETA is based on the legitimacy conferred on them by their democratic, peaceful defence of the principle of self-government for our people.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Agreement on file with author.

Agreement for the normalisation and Pacification of the Basque Country, 1998

January 12, 1998

Almost eleven years after the first democratic elections, the phenomenon of terrorism remains with us.

So, clearly, eradicating terrorism continues to be a major objective for all our institutions and democratic agents.

The fight against terrorism is, above all, the struggle of right against wrong, of life against death, of freedom against imposition.

It is the effort made to ensure that the ethical principles on which coexistence in a civilised society is based prevail over those who deny them.

The recovery of democratic freedoms and, in particular, the approval via refere ndum of the Statute of Gernika, were two decisive events that brought about a radical change in the political situation in the Autonomous Community of the Basque Country.

From this perspective, the political parties signing this agreement wish to stress the fact that any reference made in the AGREEMENT to the political problems in the Basque Country, to the development of the Statute, or to the relations the Autonomous Comm unity of the Basque Country may have with the Community of Navarra, may in no case be understood as an attempt to justify terrorism nor as a condition, compensation or exchange for the ending of terrorist violence, which lacks any kind of justification in this society.

The Basque political parties’ condemnation and rejection of ETA is based on the legitimacy conferred on them by their democratic, peaceful defence of the principle of self-government for our people.

Because the Statute of Gernika - itself the result of long and, at times, arduous negotiations, which eventually led to a genuine pact between the representatives of the Assembly of Basque Parliamentarians and those from the Constitutional Commission of the Sp anish Parliament - is the focal point of the will of the majority of the Basques and the legal frame work which Basque society, at a particular historical juncture, provided itself with to gain access to self-government and to regulate its peaceful coexistence.

It therefore represents the legitimately endorsed expression of the will of the Basques and is also an unprecedented achievement in their contemporary history, despite the fact that it does not satisfy each and every one of the claims made by a number of different sectors representing the broad range of society’s interests.

The text of the Statute also contains the mechanisms, duly endorsed by the democratic expression of the people’s will, required for its reform.

Further, as an expression of the respect for and acknowledgement of the aspirations to self-government the Basques have held through out their history, in an Additional Disposition, the Statute expressly reserves the rights to which the Basques might have been entitled to by virtue of their history.

The Additional Disposition also states that the acceptance by the Basques of the present system of autonomy does not mean that they thereby relinquish their claim to have those rights updated, through the expression of their will at each moment and in accordance with the stipulations of the legal system.

Thanks to the positive dispositions it contained and these reservations, together with the First Additional Disposition and the possibilities offered by Article 150.2 of the Spanish Constitution, the Basques accepted that the Statute of Gernika was a valid instrument for the gradual satisfaction oftheir aspirations and endorsed it by an ample majority.

Some sectors that had continued to use violence to achieve their political ends also understood the novelty of the situation created by the approval of the Statute and abandoned the use of violence and decided to go into normal political activity within the frame work approved by the majority.

Today, however, eight years after the approval of the Statute, certain sectors continue to use violence against the will of the majority - clearly and repeatedly expressed by the Basques - as a means of imposing alternative political models that have still not been given coherent political form and which have won no more than minority support in all elections held.

Besides being a particularly dramatic expression of intolerance and sectarianism, besides being a demonstration of unacceptable contempt for the will of the majority and an attack on the fundamental rights of the individual, the illegitimate and reprehensible use of violence continues to have disastrous consequences for Basque society in moral, social, political and economic terms.

The substantial distortion and deterioration of these aspects of our civil society is the only practical result of such violence.