WHAT´S WRONG WITH THE IBARRETXE PLAN

Ibarretxe uses permanently the following catchphrase to try to silence criticism of his manipulating proposals: "what´s wrong with that?". He refers to what´s wrong with putting an end to plurality in the Basque society, by marginalising whatever is non nationalist; what´s wrong with denying and breaking up the complex economic, political, social and personal ties that link the Basque with the rest of the Spaniards; what´s wrong with wanting to break away from Spain, a democratic State that, unlike Ibarretxe´s Government, guarantees the freedom and equality of its citizens and protects them from being persecuted because of their ideas; what´s wrong with obtaining illegitimate advantages exploiting the effects of terrorism; what´s wrong with opposing the process of the European Union, trying to split its founding States into unfeasible ultranationalist small states, the perfect breeding ground for war and international lack of solidarity.

We will sum up in twelve major points the main contents of the Ibarretxe Plan, set out in the "Estatuto de la Comunidad Libre Asociada de Euskadi" (Statute of the Free Associated Community of Euskadi). In our opinion, there are many aspects which are wrong:

1- Rights based upon myths

The Basque political rights would not derive from the constituent will of the citizens, they are rather the compulsory heritage received from mythical ancestors: a very old and unique community, the Basque Country (Euskal Herria) that exists since prehistory. However, nationalism hides the fact that there has never been a Basque State such as the one it intends to set up resorting to purely imaginary "historic rights" and to a fantastic prehistory.

2- Pro-annexation nationalism

The Basque People would have territories currently located in three communities: the CAV (Basque Autonomous Community) or Euskadi, Navarre and the "Basque Territories" of France. The Plan intends to achieve the political unity of these three territories as the natural and ancient possessions of the Basque People. The fact that Basque nationalism is a minority in Navarre (around 20% of the votes) and marginal in the French Basque Country (around 5% of the votes) is not taken into account, nor are the unavoidable tensions derived from interference in the Navarre and Basque-French matters.

3 – Self-determination as a unilateral decision

The Free Associated Community of Euskadi (CLAE) intends to use the exercise of self-determination granted by international laws to colonies and territories separated from the mother country by the sea. However, self-determination is considered a unilateral act by Basque nationalists, free from obligations with other parties and from any restrictions: the Basque can decide anything, and the others have to work to make their decision come true without raising any objections or reservations.

4 – The “Free Association” as an imposition

Ibarretxe may think that his “Free Association” is a consequence of the freedom to choose, but –in the way it is formulated in the Plan- it is actually an imposition on two States –Spain and France- and on the European Union. The Free Association Statute replaces the Spanish Constitution as a legal source: the Statute declares that Spanish, European and international laws will be subordinated in any case to the Basque laws. The CLAE, although formally included in Spain as a “Free Associated Community”, would be an entity comparable to the Spanish State: this entity would have actually all the advantages and none of the disadvantages of a State. The Ibarretxe Plan foresees a reform of the Spanish Constitution: a bilateral committee -created to this end- and a Special Chamber in the Constitutional Court -consisting of six judges appointed equally by both parties- would settle differences between the State and the CLAE. To avoid the suspension of certain CLAE proceedings, the Plan envisages the abolition of article 155 (stipulating the potential intervention of autonomous institutions) and article 145 (banning the federation of autonomous communities) of the Spanish Constitution.

5 – Blood Right and ethnic nationalism

The Basque nationality would be granted automatically to any foreign individual descendant of Basque people who would apply for it. Citizenship would carry all the political rights that go with it. In this way, the “natural” community or ethnic group –the blood heritage- would be the source of political rights.

6 – An unlimited Basque sovereignty incompatible with the European Union

The CLAE is an entity with full sovereignty. In the Statute there is no mention to any source of legitimacy other than the (unlimited) will of the Basque people. The Ibarretxe Plan comes into conflict with the European process of union and the Draft Constitution based, among other things, on the intangible nature of the Union founding States, including their borders and political systems, as well as on the cession of sovereignty from the States to the Union. On the contrary, the Plan intends to gain the maximum sovereignty from Spain without sharing or giving up anything in return.

7 – An exclusively Basque Judiciary

The creation of their own judicial system, separated from the present constitutional rule of law only makes sense as part of a secession process. Here is another rupture with Spain (and the European Union), indeed in the highly sensitive issues of the juridical equality of the citizens and the independence of the judges. Thus, the Higher Court of Justice of Euskadi replaces both the Supreme Court and the Constitutional Court, assuming their authority. A Basque Judicial Council is also to be created to assume the authority of the Spanish one. A justification for this rupture is the need to give the Basque institutions an exclusive right to ban or authorise political parties and public entities. The key point is to avoid the banning of Batasuna -that works for ETA- by the Spanish Supreme Court, and its inclusion in the international lists of terrorist organisations. It is an effort to protect the terrorist part of the Basque nationalist family from international jurisdiction.

8 – The residual role of the Spanish State

Both the presence and the powers of the State are reduced to a minimum. Even some powers that are acknowledged to be an exclusive task of the State are actually shared, such as those regarding immigration and foreign citizens, or international relations that could be deemed interesting for the Basque authorities. Other powers have already been delegated to the European Union, such as the monetary system or the tariff system. In short, what remains of the State in the CLAE?: the regulation of the Spanish nationality, the merchant navy, the armed forces, the control of the air space, and the surveillance of weapons and explosives. That is all.

9 – The appropriation of the welfare and social-labour policy

The CLAE has all powers on legislation regarding labour, trade unions, business, and social security issues. The CLAE also deals with the collection and investment of contributions. Financial resources that are part of the State system, such as the pension fund -where the Euskadi figures show a negative balance- will be regulated by the Accord system. This system clearly favours Euskadi, since it is being currently used for the State to subsidise the Basque deficit with contributions from other territories with a lower economic development.

10 – Financial, tax and economic sovereignty

The CLAE assumes all powers regarding planning and organisation of economic activities, including the creation of public monopolies, Government intervention, and trade and business legislation in every field, including relevant management and consultancy bodies. In addition, the CLAE will attend international fora and bodies affecting their business, financial and economic interests. Naturally, economic sovereignty is supported by its own financial system and tax autonomy.

11 – An exclusively Basque foreign policy

Within the European Union, the CLAE is expected to have a status similar to that of the founding States, recognising a Basque European constituency. But the European Draft Constitution admits constituencies only for the founding States. This means that any European MP could be Basque, but no MP will represent only the Basque people. Besides, the Ibarretxe Plan makes the Spanish Government responsible for including the special status of the CLAE in the European Treaties. And the CLAE itself reserves the ability and legal authority to sign international agreements. To that end, a Basque Service of Foreign Relations will be created. This Service will be the seed of a Ministry of Foreign Affairs, along with its proper embassies and diplomatic staff, and will enforce the implementation of international Treaties -approved or endorsed by the Basque institutions- in the Basque territory.

12 – A unilateral ultimatum disguised as an effort of dialogue and negotiation

The aforementioned is offered as a project that can be discussed and negotiated. But the truth is that the project -that began taking for granted the eventual subject of dialogue (the Basque sovereignty, according to the nationalists)- ends up by stating an approval procedure that is, once again, unilateral, imposed and previously established. The purpose of this negotiation is to impose the plan elaborated by the nationalists or, in case of disagreement, to provide the arguments justifying a final rupture: independence.