Basque Autonomy Statute of 1936: Historical Analysis
The Basque Statute of Autonomy of 1936
This text presents a commentary on the Basque Statute of Autonomy, whose title is “The Basque Statute.” The articles were approved by the Congress of Deputies on October 4, 1936. The following commentary follows this procedure: location of the text, analysis, contextualization, and finally, conclusions, signaling the importance of the text.
1. Location
We begin by describing the nature of the text. In this sense, we can indicate that it is an informational text, its content is legal-political, and its origin is a primary historical source.
The author is collective since it was presented by the Courts, and the intended audience is public and national. It is dated October 4, 1936, and was surely published in the Official Gazette in Madrid.
2. Analysis
As the title indicates, the central theme is the Statute itself. Three main topics are covered: the scope of application of the Statute, the competences with respect to the citizen, and the distribution of powers. A transitional arrangement establishes a provisional government while the war lasts.
The first part develops how the constitution of Alava, Guipuzcoa, and Vizcaya makes sense as the first autonomous region of the state. It is indicated that the legal sources are based on the Constitution of the Republic and the Statute itself. It also indicates that each of the three territories will govern autonomously, following the *foral* tradition, and that both Castilian and Basque will be official languages.
Article 5 allows the Basque government to maintain its own public order, putting its jurisdiction as a condition, restricted to the autonomous territory.
In Article 10, two fundamental principles are delivered: popular sovereignty and the division of powers. It qualifies that both state matters must be exercised according to the Constitution and that the president of the autonomous community is the representative of the region in relations with the Republic.
The first transitional provision reflects the instability of the moment when the Statute was adopted (under an urgent procedure and under the influence of Indalcio Prieto). The Francoist troops actually owned a large part of Alava and Guipuzcoa. It would take nine months to conquer the rest of the territory. This refers to the phrase “as long as the abnormal circumstances last,” which is why a series of measures are taken. Among them, we highlight the formula for electing the president of the Provisional Government (by the mayors who may vote freely) and the number of members of the government (not less than five).
3. Contextualization
The abolition of the *fueros* in 1876 by Canovas del Castillo and the industrialization of the then-called Basque provinces gave rise to two broad movements that sought the same thing: the restoration of privileges. These movements were the *fueristas* and the traditionalists. Their aspirations never saw the restoration of political action. The negative action of both groups and the official change of the century provoked the birth of Sabinian nationalism.
The main peculiarity of this nationalism is that it fundamentally collects what is in the old *fueros*. However, their efforts were in vain until the proclamation of the Second Republic, when the coalition of Republicans and Socialists won the 1931 elections, and the Catalan Statute was soon approved. This motivated the Basque Country to also start drafting its Statute. The delay was due to the absence of Basque nationalism from the Pact of San Sebastian.
There were several draft statutes promoted by the nationalists. However, the rise to the government of the center-right, with Lerroux, paralyzed their approval. During the biennium that these forces were in power (1933-1936), politics, in general, suffered a turn from previous moments. Only the arrival of the Popular Front (1936) and the tough stance of the nationalists of Vizcaya and Guipuzcoa against the Francoist military uprising led the Congress of Deputies to approve the first Statute of Autonomy, from which this text presents three articles.
This Statute, approved with the war already underway, was only applied in a small strip of Vizcaya and another of Guipuzcoa, since the rest of the territory had been conquered by Francoist troops. On the other hand, its life was ephemeral since, one year after these territories were also conquered, the Statute was abolished, together with the Economic Agreement. This agreement was only respected in the territory of Alava.
4. Conclusions
We finalize the commentary with some brief points by way of conclusion:
- The memory of the provincial loss in 1876 remained in force throughout the Restoration period. The influence of industrialization pushed for the elaboration of a Statute.
- The arrival of the Second Republic and the support given to the Popular Front by nationalism in the Civil War led to the successful approval of the first Statute in 1936.
- The articles studied above show us some of the aspects recognized in it: scope of application, official language, the nature of the Basques, and the competences of the legislative, executive, and judicial powers.
- Finally, it should be noted that the aforementioned Statute had a very short life (nine months). It not only served to objectify the Basque sentiment but is also currently in force.