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The law of historical memory will recognize all the “victims” of Franco

  • The political parties Jon Podemos and PNV and PSE that make up the Basque Government have reached an agreement to approve the Law on Historical Memory, which is under discussion in the Basque Parliament and which has tabled over 60 amendments to the draft.

09 February 2023 - 10:48
Last updated: 12:25

Watch Gorrotxategi, spokesman for Jon Hernández and Jon Hernández, IU parliamentarian, have explained at a press conference that the Basque Country’s Historic Memory Act will recognize victims as “comprehensive” reparation: “All victims, not only the dead,” Gorrotxategi explains.

Thus, the census of victims will also recognize many of the survivors of the dictatorship who previously remained “out”: wounded, retaliated, guerrillas, women… In addition, if necessary, these victims will be guaranteed compensation, as they will not be subject to budget. According to Hernández, the new law will take account of European legislation, which says that crimes against humanity do not prescribe, and measures will be taken to suspend sentences imposed during the dictatorship.

The agreement also includes an article of its own to promote policies in favor of those who suppressed by the mere fact of being women, greater participation of memory associations… With these changes, Gorrotxategi says that there will be “the possibility of making a more just historical memory”.

Many parliamentary incidents

The process of prosperity of the Historical Memory Act has had many vicissitudes. In the last legislature, several proposals were brought to the Basque Parliament, including the one that gathered the core of the Popular Legislative Initiative promoted by the Basque Platform against Francoist Crimes in 2019, jointly presented by EH Bildu and Jon Podemos. Among other things, it allowed the crimes of Franco to be prosecuted.

But the initiative did not go through the parliamentary bureau, because the Basque Government had already said that it was preparing another law. The now agreed text says Gorrotxategi that it “improves” that law announced by the Government.

Taking steps beyond “moral” recognition is always beneficial to achieve complete repair in the field of historical memory. But, as members of Jon Podemos have acknowledged, there are still gaps. Large gaps

Deficiencies and risks

Taking steps beyond “moral” recognition is always beneficial to achieve complete repair in the field of historical memory. In this sense, putting the victims who have been put off, in many cases women, on an official census is not a cough of half a goat's night either. But, as they themselves have acknowledged, there are still gaps. Big gaps.

On the one hand, the lack of clarity or concreteness in granting compensation may put this paragraph on hold, which would not be the first time it has happened. On the other hand, the autonomous law, for the time being, cannot overcome the wall of Spanish justice and the 1977 Amnesty Law.

PP, C’s and Vox have already tried to paralyse law enforcement. And the far right has prepared a machine gun to justify the crimes of Franco; there is nothing more to see than how quickly the Spanish Democratic Memory Act has brought to court. This Tuesday the Constitutional Court has admitted Vox’s appeal against this law because “it uncovers the memory of some Spaniards and rejects the memory of others”.

Against this background, it cannot be said that this agreement does not pose a risk to its termination on printed paper.


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