Under the current constitution of the Spanish state no constituent autonomous region may secede nor even hold a direct consultation with its people. In the Lehandakari's words "there is no point in being Lehandakari of the Basques if I may not ask the Basques how they want to solve the problem". Such nobel sentiments sound quaint to those who have grown used to not being consulted by their first or prime ministers on anything. Although those sentiments barely cover the cracks of the Basque problem & its obviously political nature which is based for much part on the role and nature of public participation. A region which has endured the longest armed campaigns, 9 failed peace processes, one of the highest levels of voter abstention outside the UK in Europe, has seen almost all leftwing pro-independence political parties illegalised.......

The Basques are to be asked two questions this October 25th.

1) are you in agreement with supporting a process of final dialogue and ending violence if beforehand ETA manifests in inequivocal terms the will to put an end to one and the same.

Sí / No = Bai / Ez = (Yes / No)

2) are you in agreement that the Basque parties without exclusions begin a process of negotiation to reach a democratic agreement over the right to decide of the Basque people if they so concur to be offered a referendum before the end of 2010.

Sí / No = Bai / Ez (Yes / No)

The second questions shows how deftly Basque nationalists and perhaps seperatists too - wish to sidestep the Spanish state prohibition of such referenda. Regardless the government of Zapatero has rejected the plans as unconstitutional and referred the consultation to the courts. Their future decision is all but taken for granted.
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The Lehendakari has long proposed a variety of solutions from his base as leader of the largest centre right nationalist party to the "Basque / Spanish" problem. These have included proposals for "external association" (akin to De Valera's pre-Eire state fudge) and during and after the last ETA ceasefire (March 22nd 2006) for a joint statelet of the current Basque region and Navarra as an interim body of institutions before independence.

The similarities seen from afar suited both the strategy of the incredibly perverse opposition of the right wing PP and RC church in the Spanish state to both Zapatero's first government as well as Basque, Catalan and to a lesser extent Galician nationalism in lumping both moderate nationalists of the Lehandakari and the socialist independence parties of the "armed struggle tradition" in the Basque together whilst also causing mutual incrimination and distrust between the Basque parties.

There are numerous mechanisms used for consultations or referenda in multi-national states. The examples of Scotland 1979, 1999 and of the 1998 all Ireland votes involved in the the "Peace Process" come to mind. & it remains to be seen what shape or form a future Scottish referendum on similar issues might take..,

Some of the Catalans prepare for a "referendum in deed but consultation in practise" on Independence in 2014. Their solution is to open a vote to all holders of a Catalan Health Service card (a population which includes one million non-"Spanish" registered Europeans or extra-European migrants) whereas the Lehandakari has had to skirt the ludicrous hems of constitional legality in the wording and placing of his own consultation.

Thus the idea of a "referendum on a referendum" which now turns as perhaps was always the intention to a European rights case for a referendum.

Understanding these strains within the pluri-national and pluri-lingual Spanish state helps to explain why the Spanish government never recognised Kosovo's unilateral declaration of independence.

the launch of the vote idea :  http://news.bbc.co.uk/2/hi/europe/7477303.stm
today's development :: http://www.eitb24.com/new/en/B24_109616/politics/CONSULTATION-Basque-tripartite-to-sue-Spanish-government-in/