Recognizing the Rights of Victims in Peace Processes: A Question of Justice and Dignity in the Basque Country

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1 Recognizing the Rights of Victims in Peace Processes: A Question of Justice and Dignity in the Basque Country Aitor Ibarrola Armendariz University of Deusto, Bilbao IP Programme, Olomouc, June 2016

2 Preliminary Notes I As many of you may know, the Basque Country (Euskal Herria) is divided in two states (Spain and France) and three main institutional bodies (BAC, Foral Com. of Navarre, and part of the 64 th Dept. of the French State, Pyrénées Atlantiques). Population: 3.1 million. Territory: Approx. 21,000 km 2. During the 20 th century, both the French and Spanish state have repeatedly refused to hear about any claims for selfdetermination coming from the region. This has given rise to various responses and forms of identitary self affirmation ranging from civil disobedience to the (sadly) well known armed conflict. The armed conflict, which lasted almost 50 years ETA was born in 1959, during Franco s dictatorial regime, has taken a very heavy toll in terms of casualties (over 800, out of which more than 300 were civilians), injured victims, and kidnappings.

Preliminary Notes II After long years of bloody confrontation and political stalemate, ETA announced in 2011 a permanent ceasefire and an indefinite cessation of violence.

3 Preliminary Notes II After long years of bloody confrontation and political stalemate, ETA announced in 2011 a permanent ceasefire and an indefinite cessation of violence. Thus, a peace process was started that we can happily say today is moving on slowly but surely towards a definitive closure of the armed conflict. One must admit, however, that this process has not been without its serious tensions and difficulties.

4 Preliminary Notes III On the one hand, the Spanish Government and several national parties are justifiably suspicious that the cessation of violence and the plan of disarmament are not as definite as ETA claims. Earlier unsuccessful attempts have not helped much in this regard. Furthermore, there is the fear that pro independence parties and coalitions may gain followers in the new political scenario. On the other hand, the abertzale (pro independence) parties defend that, in the post conflict context, issues such as the prisoners situation, the illegalization of some organizations and political parties or the question of the (il)legitimacy of the right to decide should now be tackled. Nevertheless, my presentation today will focus on yet another prickly issue that has caused much controversy in recent years: WHAT ROLE SHOULD VICTIMS PLAY IN THIS PEACE PROCESS?

Structure of the Presentation A few antecedents. Peace processes revisited. Main stakeholders and actors in the BAC. International involvement.

5 Structure of the Presentation A few antecedents. Peace processes revisited. Main stakeholders and actors in the BAC. International involvement. The vulnerable position of victims in post conflict sits. Private and public spaces. The importance of social dialogue and mutual trust in reconciliation processes.

6 A Few Antecedents It is important to know that since the return of democracy to Spain back in 1976 practically all governments (sometimes rightwing, other times socialist) have tried to hold negotiations with the terrorist group, although with very poor results. Perhaps the best known efforts took place in the late 1980s when the Conversaciones de Argel between the socialist government and the organization brought about a couple of short lived ceasefires. But still victims kept falling As several books and reports have recently shown, during all those decades victims were mostly forgotten if not utterly ostracized by a social tissue apparently insensitive to the need of justice and reparation (see Rodríguez Uribes). It has only been in the new millennium that with the increasing visibility of the victims finally humanized and dignified, the terrorist organization saw its fight very much delegitimized.

Peace Processes Revisited Of course, it has not just been the more active roles that victims and victim associations have taken these last 15 years that have accelerated the peace process though they

7 Peace Processes Revisited Of course, it has not just been the more active roles that victims and victim associations have taken these last 15 years that have accelerated the peace process though they ve been critical! The terrorist attacks in other places around the globe (New York, London & Madrid [11 M]) and the peace process in Northern Ireland also affected the perceptions and situation in the BAC. Last but not least, both the Spanish and the French police forces collaborated in the disarticulation of some of the most violent cells of the organization.

8 Main Stakeholders and Actors According to Ioannis Tellidis (transconflict.com), one of the major changes in the last few years has been that Basque civil society has taken a step forward not to let the whole process in the hands of some highly placed political figures. Serious risks! A. Bartoli and B. Manojlovic argue in an assessment report of the Basque Plan for Peace and Coexistence that one of its main strengths is precisely that it offers the Basque society the opportunity to write a new page of history (5). The Plan integrates the following components: 1. Solidarity with and voice to the victims of terrorism; 2. Historical memory of Franco s regime; 3. Protection of civil and political rights; 4. Education for peace and human rights. Naturally, politicians will still have a very central role to play but, ideally, through a collaborative discursive and dialogic process.

9 International Involvement The international community has been a fundamental player in consolidating the peace process. An International Contact Group was formed to facilitate the dialogue among Basque political parties. Also, an International Verification Commission has been set to assess the fulfillment of ETA s commitments. In October 2011, an International Conference was held in Aiete with well known figures who produced the Declaration of Aiete, which was supported by important pol. leaders.

10 The Vulnerable Position of Victims As pointed out above, victims of terrorism in the Basque Country have not only suffered the physical, psychical, and relational wounds of the attacks but, most importantly, they saw their very condition as citizens profoundly damaged. The vulnerable position occupied by victims becomes evident both in their private sphere (basic civil rights) and in their public life (affecting their rights to take part in socio political events). The transformation from passive victims into active actors in the peace process can only take place if they receive the due support, recognition and reparation from society which will, hopefully, allow them to achieve a certain closure of the past. In the Basque Country, several projects (Plazas, art collections, institute, ) have been launched in an attempt to preserve and manage their memories of a painful past.

Private and Public Spaces In their private spheres, victims usually need care, protection, solidarity, and recognition to get over their incalculable pain.

11 Private and Public Spaces In their private spheres, victims usually need care, protection, solidarity, and recognition to get over their incalculable pain. It is in the social spaces, in which civic organizations do their work, where victims can prove most effective. Claiming for their rights as citizens: reparation, presence in forums, part of processes, etc. A bit more problematical is the victims participation in public (political) life, where they may be sometimes instrumentalized.

12 Social Dialogue and Mutual Trust In order to succeed, the reconciliation process needs to keep its focus on the past, the present and the future. Education. Processes of the past (especially regarding victims) need to be closely studied (without exclusion or equation) and responsibility assumed to then make proper reparations. Initiatives to create safe spaces where the testimonies and voices of the victims are represented should be critical. They need to feel that they are playing a part in the constructive social dialogue. Institutional support and civic participation. As remarked earlier, citizen participation and collaborative agreements with local administrations have been essential to seek common ground and include all social actors. Strengthening cooperation with the EU and the UNHRC will facilitate the process and make it gain legitimacy.

Closing Remarks Fortunately, in this last decade victims of terrorism in the BAC have begun to receive the support and recognition they need to heal their wounds and regain their civil/human rights.

13 Closing Remarks Fortunately, in this last decade victims of terrorism in the BAC have begun to receive the support and recognition they need to heal their wounds and regain their civil/human rights. Both legal and administrative tools, but also social spaces have been provided both to do justice and to repair the damage caused to victims. As explained by several authors (see Etxeberria), true reconciliation will only occur when all parties involved take responsibility for their actions in the past and sit together as equals to plan a new future.

14 A Few References Etxeberria, Xabier La participación social y política de las víctimas del terrorismo. Bilbao: Bakeaz. Gómez Isa, Felipe El derecho a la memoria. Zarautz: Diputación Foral de Gipuzkoa. Rodríguez, M. Pilar Imágenes de la memoria: Víctimas del dolor y la violencia terrorista. Madrid: Editorial Biblioteca Nueva. Rodríguez Uribes, J.M Las víctimas del terrorismo en España. Madrid: Dykinson. Sáez de la Fuente, Izaskun La opinión pública vasca ante la violencia de ETA. Bilbao: Bakeaz. Webpages: basquefriendshipfiles.wordpress

15 Thank you very much for your attention and patience and of course I will be very happy to answer any questions or comments on the topic.

The Forum for Peace in Muslim Societies, Abu Dhabi (Convener and Co-Partner)

4 December 2014 The Forum for Peace in Muslim Societies, Abu Dhabi (Convener and Co-Partner) Religions for Peace: Rejecting Violent Religious Extremism and Advancing Shared Wellbeing Categorical Rejection