The Basque Parliament has given the green light to an amendment by the PNV and PSE-EE that calls on the regional government to "strengthen" policies of recognition, truth, justice, and reparation aimed at victims of terrorism and other human rights violations. The text also urges it to analyze the implementation of new measures in the educational, social, or sanctioning fields "in order to prevent re-victimization and consolidate an inclusive, critical, ethical, and democratic memory".
The amendment was approved in the plenary session of the Basque Chamber, which this Thursday addressed this issue at the initiative of the PP. The original proposal of the 'popular' party was rejected, garnering 66 votes against (PNV, EH Bildu, PSE-EE, and Sumar) and only eight in favor (PP and Vox).
The PP's non-binding proposal, in line with another initiative that was already rejected last year, requested the Basque Government to submit to Parliament, within a maximum of six months and in coordination with associations of victims of terrorism, a Bill to Amend the Law on Recognition and Reparation for Victims of Terrorism.
According to the PP's defense, that reform should incorporate a specific chapter with a system of infractions that would consider as serious offenses conduct such as the use of "offensive, humiliating, or dignity-violating expressions against victims of terrorism in any media, speeches or public interventions or digital platforms, as well as any manifestation that constitutes glorification of terrorism when such conduct does not reach the definition of hate crime".
The 'popular' party's text also proposed to classify as a serious infraction "the organization, promotion, or celebration of acts and tributes of any nature, and in whatever form, that have as their object or purpose the commemoration, exaltation, recognition, public reception, or individual or collective glorification of terrorism".
Majority for the PNV and PSE-EE amendment
The alternative amendment registered by PNV and PSE-EE has passed with 39 votes in favor, versus 34 against (EH Bildu, PP and Vox) and one abstention (Sumar). Through this text, the Chamber reaffirms "the need for public authorities to guarantee policies of recognition, truth, justice, and reparation for victims of terrorism and human rights violations, avoiding grievances and any form of offense, humiliation, or revictimization".
Furthermore, the Parliament calls on the regional Executive to "continue developing and strengthening said policies, in collaboration with Basque society, as well as exploring, with the participation of the affected agents, the incorporation of new educational, social, or sanctioning measures in current legislation, in order to prevent revictimization and consolidate an inclusive, critical, ethical, and democratic memory based on the recognition of the injustice of terrorism, of all violence, and of human rights violations".
The PP parliamentarian Laura Garrido has denounced that "it is unacceptable that nothing has been done" and has accused the Basque Government of resorting to "excuses" to not include a sanctioning regime in the law of victims of terrorism.
Criticism of a "discriminatory loophole" and cross-accusations
In this regard, Garrido has pointed out the existence of a "discriminatory loophole" with respect to the Law of Historical and Democratic Memory of Euskadi, "in which there is indeed a specific sanctioning regime for certain offensive behaviors towards certain victims".
On behalf of the PNV, the parliamentarian Xabier Barandiaran has accused the PP of using victims for "political profitability". "There is a political perversity using a supposed moral superiority, especially looking at Spain," he snapped at the Basque 'populars'.
Barandiaran has added that public acts of support or exaltation of terrorism "are gradually fading away". In his opinion, the welcomes that are offered today to ETA prisoners upon leaving prison after serving their sentences "have nothing to do" with those of previous eras. "This means that EH Bildu is also making progress in that area," he stated.
Debate on memory, coexistence, and rights
The EH Bildu parliamentarian Eraitz Sáez de Egilaz has reproached the PP for intending to "monopolize pain," recalling that in Euskadi "there have been very diverse sufferings." After admitting that "many steps still need to be taken on the path of justice, truth, and reparation," she warned that progress cannot be based on measures that seek to "prohibit, point out, and punish in the name of coexistence."
"Attitudes that may generate re-victimization can be identified and the necessary measures can be taken, but this cannot be an excuse to maintain the persecution against the civil and political rights of society, nor to violate freedom of expression," she stated.
From the PSE-EE, Miren Gallastegui has highlighted that the amendment agreed with the PNV reflects "unequivocally and without room for manipulation or misrepresentation" the commitment of both parties to "an inclusive, critical, ethical, and democratic memory based on the recognition of injustice, terrorism, and all victims."
Legal Doubts and Accusations of Political Use
Gallastegui has accused the PP of continuing to "deepen polarization and confrontation" through a "political and systematic use of terrorism victims." She maintained that the 'popular' proposal is "flawed" and generates "many legal doubts," as there is a European Union directive that "includes explicit safeguards to prevent the fight against terrorism from criminalizing freedom of expression, political dissent, or the right of assembly."
The representative of Sumar, Jon Hernández, has reproached the PP for continuing to try to achieve "electoral gains" with terrorism victims, even going so far as to describe those who "not only suffered it, but fought against it" as "terrorist whitewashers."
For her part, the Vox parliamentarian, Amaia Martínez, has described as "outrageous" that in Euskadi there is "absolute impunity" towards those who "roam all over our territory with ETA's paraphernalia."