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

  • Country/entity
    Spain
    Basque Country
  • Region
    Europe and Eurasia
    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) )
  • 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.


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.