Pro-freedom and anti terrorism agreement

Madrid, December 8, 2000. The Popular Party (PP) and the Spanish Socialist Workers' Party (PSOE), determined to strengthen their unity in order to ensure the fully effective exercise of freedoms and put an end to terrorism, understand that they have a responsibility toward Spanish society to adopt the following Agreement.

ETA's resumption of terrorist violence after the temporary ceasefire announced in September 1998 has dramatically highlighted the situation in the Basque Country. It has likewise evidenced the failure of the strategy promoted by the PNV and EA, who withdrew from the Pact of Ajuria Enea in order to put a political price on the abandonment of violence, in accordance with ETA and EH. That price consisted in imposing self-determination in order to attain the independence of the Basque Country.

ETA's strategy could not be plainer: it is attempting to arouse widespread fear so that citizens and institutions abandon their principles, ideas and rights, thereby enabling it to achieve its minority, exclusionist and xenophobic objectives which would never gain acceptance under the rules of democracy.

The definitive withdrawal of both PNV and EA from the Pact of Estella and from the bodies established therein, by means of formal severance, is an obvious and necessary condition for these political forces' return to the framework of democratic parties united in their fight against terrorism. The full restoration of this unity in order to combat terrorism must take place in the framework of the Constitution and the Statute of Guernica, the meeting ground of the great majority of Basque citizens. The severance of the Pact of Estella and the withdrawal from its bodies likewise constitutes, for the Popular Party and the Socialist Party, an essential requirement for reaching any political agreement or institutional pact with the Basque Nationalist Party (PNV)and Eusko Alkartasuna (EA).

Having agreed on the diagnosis and the political consequences deriving therefrom, we, the Popular Party (PP) and the Spanish Socialist Workers' Party (PSOE), wish to state explicitly to the Spanish people our firm resolve to defeat terrorist strategy, using all the means available to us under the rule of law. We also wish to strengthen our unity in order to defend the right of the Basque people, which is that of all Spaniards, to live in peace and freedom in any part of our country.

AGREEMENT

1. Terrorism is a problem of the State. It is the responsibility of the Spanish government to lead the fight against terrorism, but the task of combating terrorism falls to all the democratic political parties, whether in government or opposition. We hereby express our will to eliminate anti-terrorist policies from the sphere of legitimate political or electoral confrontation between our two parties.

2. Violence is morally abhorrent and essentially incompatible with the exercise of democratic political action. Those who practice it, those who make attempts on the lives of people who do not think as they do deserve only the condemnation and contempt of the democratic political parties and of society as a whole. In a democracy, no political objective can be legitimately pursued through coercion or assassination. The only democratic deficit of Basque society, the true conflict, is that those who do not believe in democracy exert terrorist violence in order to impose their objectives on the majority. We, the PP and PSOE, therefore undertake to work towards the disappearance any attempt at direct or indirect legitimisation of violence. Accordingly, we also affirm publicly that, under no circumstances, will political capital be made out of terrorist violence.

3. During the course of over two decades of democracy, the Basque people have developed their capacity for self-government within the framework of the Constitution and the Statute of Guernica. This framework has allowed the political, cultural and social expression of the plurality which Basque society displays. Any existing political disagreement between Basques can and should be addressed in this institutional framework. Any political projects, even those which aim to review the very institutional framework, should respect the rules and procedures established therein. The dialogue that is characteristic of a democratic society should take place between the legitimate representatives of its citizens, in the framework of, and according to the rules set forth in, our Constitution and Statute and, indeed, without the pressure of violence. Peace, free co-existence and respect for human rights are non-negotiable values.

4. The defence of human rights and public freedoms falls, primarily, to the state security forces: the Civil Guard, the National Police Force and, in their area of responsibility, the Ertzaintza (Basque regional police). The eradication of the violence, threats and blackmail of the terrorists and of those who support them depends on the capability and efficiency of these forces. Therefore, we will reaffirm our confidence in their work and will back their being endowed with sufficient human and material resources to perform the task entrusted to them. We likewise wish to extend this confidence, support and commitment to judges and prosecutors and to all those who work at the service of justice to ensure our free and peaceful co-existence.

5. The offences committed by terrorist organisations are particularly serious and reprehensible as they aim to subvert the democratic order and spread fear among all citizens. Our system of penal law provides an appropriate legal response for repressing these offences. However, if new types of offences or attitudes and behaviour objectively constituting collaboration with, or incitement to, terrorism should require legal reforms, we undertake to promote these in the framework of mutual agreement.

Penitentiary policy is part of the strategy for bringing the weight of law to bear on terrorist organisations and therefore belongs within the framework of agreement between our two parties and with the Government. Under the Spanish legal order, penitentiary legislation must be applied by ensuring the fullest and severest punishment for those convicted of acts of terrorism. Penitentiary policy will envisage ways of rehabilitating those who abandon the terrorist organisation and display unequivocal attitudes of repentance and the will to be reintegrated into society, as established in the Constitution.

6. The experience of police action has repeatedly highlighted the importance of international co-operation in fighting against terrorism. We, the signatory parties, undertake to work to reinforce our co-operation initiatives, particularly with France and within the European Union. To this end, both our parties believe in the need for ongoing informative activities at the international level and between institutions and political and citizens' organisations.

7. The victims of terrorism are our main concern. It is they who have suffered most directly the consequences of fanaticism and intolerance. We know that democracy will never be able to return to them what they have lost, but we are willing for them to receive the recognition and attention of Spanish society. The Solidarity with the Victims of Terrorism Act is a unanimous and qualified expression of their moral and material recognition. But our duties do not end there. We must strive to preserve their memory, to establish a system of daily, ongoing attention. Their collaboration with Spanish society in the battle against terrorism continues to be necessary, as there is nobody better than the victims to defend the values of co-existence and mutual respect which those who have inflicted such suffering upon them wish to destroy.

In order to promote this collaboration, both our parties undertake to foster, together with the victims' associations, the establishment of a Foundation representing those associations, which will co-ordinate its activities with the existing foundations.

8. But the task of eradicating terrorist violence in Spain for good does not fall solely to the democratic political parties. It requires an active commitment from everyone, institutions, governments and citizens, in the constant assertion of civic and democratic values. PP and PSOE reaffirm their determination to encourage and support the mobilisation of citizens against terrorist violence and in condemnation of the assassins. Both parties express their support for the media and the professionals who work in this sector, and underline the importance of their mission of conveying the values that guarantee co-existence among Spaniards and which are enshrined in our Constitution. Freedom of expression and plurality of information are an essential part of our democratic heritage as opposed to the coercion, threat and imposition of silence sought after by the assassins and their accomplices.

Our commitment in Spain and particularly in the Basque Country is to put all our energies as democratic parties into encouraging citizens to giving a major impetus to safeguarding the freedoms and rights of all. This is not a provisional commitment. We want our agreement to be relevant to the present and oriented towards the future. We will accordingly work together to ensure that the values and principles enshrined in this agreement achieve the maximum support of society and of the institutions, in which both our parties undertake to uphold them.

9. The aim of this Agreement, the joint promotion of freedoms and an anti-terrorist policy, requires ongoing co-operation between the Popular Party and the Spanish Socialist Workers' Party; this involves the exchange of information, concerted action in the areas specified in this Agreement-legislative reforms, penitentiary policy, international co-operation, mobilisation of citizens and institutions-and the pursuit of joint positions with respect to all events which affect anti-terrorist policy. For this purpose, a follow-up committee will be set up and will meet periodically; this committee will be made up of representatives of both political forces and, with the agreement of the Government, representatives of the latter.

10. By signing this Agreement, we, PP and PSOE, wish to ratify publicly our firm commitment to work together to defend the right to life and to freedom of all Spanish citizens. Both of our political groups agree on the principles which should inspire the fight against terrorism and on the policy which should be pursued under the terms set forth herein.

Lastly, we call on the other democratic forces to share these principles and this policy, convinced as we are that they are an appropriate means of expression of their will to collaborate in eradicating the scourge of terrorism.