The 1936 Basque Statute of Autonomy: Origins, Content, and Context
The 1936 Basque Statute of Autonomy
Type: Statute of Autonomy. Form: Legal text/Political content. Author: Junta formed by Parliament (I. Prieto=President + J.A. Aguirre=Secretary) and confirmed by the Cortes. Addressed to: Inhabitants of the Basque territories (especially the nationalists). Objective: Establish a new legal framework for the new autonomy composed of Álava, Bizkaia, and Gipuzkoa. Location and Date: Approved in Valencia on January 1st and published in the Gazette of Madrid on January 7th during the time of the Second Republic and the first months of the Civil War, in the Popular Front Government (Largo Caballero=President). Introduction: Statute of Autonomy 1936
Divided into 3 sections: introduction, articles, and transitory provision.
- In the introduction, the authors of the text, “The Congress of Deputies,” are presented.
- Articles divided into 3 (each article develops 1 idea):
- Article 1: Explains that Bizkaia, Gipuzkoa, and Álava form an autonomous region within the Spanish state, respecting the rights of the Constitution of 1931. The name adopted by the territory is Basque Country. Apart from having its own government, the official languages are Basque and Spanish.
- Article 5: Certain powers are recognized for Basque autonomy (internal protection and own police to ensure public order = Ertzaña).
- Article 10: Powers of the Basques are based on the people (idea of national sovereignty). The bases are also established in relation to the legislative and executive power (the legislative power would be elected by universal suffrage (can see them in section a)-e). The executive is under the control of the legislative board, with the Lehendakari as the main representative that will maintain relations with the Republic.
- Transitory provision: It is made known that a provisional government will be formed, conditioned by the extraordinary situation (that elections cannot be called) “as long as…circumstances produced by the civil war last.” For this, first of all, after eight days of having approved the statute, the councilors of the towns (city council under the control of the Republic) will freely vote for the election of the Basque Government’s Lehendakari. This process will be certified by the civil governor of Bizkaia (in other provinces, the war situation did not allow it). Later, the formation of government would be in the hands of the Lehendakari. The condition that the government has at least 5 members is imposed.
Context
Thanks to the Pact of San Sebastián (PNV participated), the Second Republic was proclaimed, a new stage with a lot of reforms when the new Constitution of 1931 was written. The right of autonomy was approved, and a new movement in the Basque Country in favor of self-government emerged. Due to that, Eusko Ikaskuntza (society that studied Basque subjects) wrote the Statute of Lizarra in 1931, approved by nationalists and Carlists. But it did not fit well with the Constitution, and PNV participated in the Pact of San Sebastián, so it was rejected. A new attempt was made by Juntas Gestoras in 1933. Carlists did not approve it, wanting out of autonomy and separation from the Basque Country. It continued, even if at a lower level of autonomy, but was rejected (CEDA won elections, opposing all kinds of autonomy).
The victory of the Popular Front meant the right of autonomy was recovered. I. Prieto and Aguirre negotiated the terms of the Statute of 1936 (approved by the Cortes). Due to the Civil War, it was limited (only the basis – 14a). Secondary terms would be negotiated later (which did not happen). Aguirre was elected Lehendakari by unanimity of all councilors (impossible vote). The Basque government had control of areas not under Franco’s control. Álava already, Gipuzkoa rapidly, Bizkaia and few territories.
The Basque government was formed at a very difficult time and did not get any help from the Republic (more interested in defending Madrid and Barcelona), so the Basque government had to make it by itself, becoming almost an independent state. They were in charge of almost all the issues and departments. They created the Ertzaña (to ensure public order) and Eusko Gudaros and the Iron Belt to defend Bilbao. The Basque oasis had some differences with the Republic: nationalists and the bourgeoisie were on the side of left parties. The Church did not suffer repression (was on the side of PNV), except against the national side.
After Franco’s failure in Madrid, the entire offensive was directed to Bilbao (to control the industry), with the help of Italian brigades and the Condor Legion (new techniques). They bombed civil cities and entered Bilbao in June 1937. Basque battalions went to exile (Pact of Santoña).
Conclusion
This text is important because it supposes a long and complex process that ends with the approval of the present Statute of Autonomy of the Basque Country. It is also the first time that Euskadi appears as a political subject. In addition, it must be taken into account that it was totally conditioned by the Civil War and, therefore, has a special structure (articles and additional provision) and that it would only be applied in territories controlled by the Republic (Bizkaia).