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Negotiations and mediation: Lessons from Basque Country
Amanda Atwood, Kubatana.net
February 28, 2008

On 29 March 2008, Zimbabwe will hold "harmonised" elections for President, House of Assembly, Senate and local government offices. The conditions for this election are as unfree and unfair as the elections which have preceded it since 2000. This is despite a protracted mediation process which was spearheaded by South Africa at the insistence of Southern African Development Community (SADC), after the violent police crackdown on the opposition on 11 March 2007.

The opposition Movement for Democratic Change was never an equal partner in these negotiations, and it gave away dramatic concessions both in regard to the Constitution and around repressive legislation. The Constitution was amended to provide for the elections to be held at the end of March 2008. The ruling Zanu PF has held fast to its timeline of a March election despite protests by the opposition that the elections should be delayed to give the parties, and the newly formed, supposedly independent, Zimbabwe Electoral Commission time to prepare for the polls. Repressive legislation such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, and the Broadcasting Services Act, have seen superficial amendments, but there has been no real change to the spirit, substance, or enforcement of these laws.

In frustration with the stagnated mediation process, civil society is insisting on a new Constitution, and believes that genuinely free and fair elections should be held later, under more democratic conditions. In an effort to educate the people and advocate around these demands, they developed a People's Charter which they will be seeking popular support for.

Both the Movement for Democratic Change and pro-democracy forces in civil society can learn from the experiences of the Basque separatists in Spain, specifically Elkarri. According to "Society as a Mediator for Conflict Resolution," Elkarri is an organisation trying to construct a space within which the people of the Basque Country can mediate for their own well being. Over the past ten years, Basques have increasingly been rejecting violence (a tactic used by separatist groups such as Eta) as a means to achieving political aims. They are rather moving towards dialogue as the path to resolve their concerns.

For more than twelve years, Elkarri has been trying to promote a culture of dialogue and peace. To do so, they have deliberately targeted society as whole, including the citizens, the media, political parties, and institutions - not only political parties or civil society leaders.

To move beyond political polarisation, Elkarri has developed a new outlook and language of understanding, balance and participation. They have developed a social movement with a range of possible ways for people to be involved. Their "a la carte" approach provides many different ways in which one can be involved in the movement. This means there is something for everyone, depending on the time, energy and resources one is able to give to the movement.

Among other things, Elkarri held a Peace Conference in 2001-2. This Peace Conference was the culmination of a year-long, four part process. Among the general population, Elkarri held a signature and fundraising drive which resulted in 50,000 signatures on their petition of demands, recruited 4,000 members and 1,200 volunteers, and raised a total of US$500,000 in small donations.

Elkarri recognised that, for their efforts to be successful, conditions first had to improve so that they were conducive for dialogue. Their first step was to solicit public support for a dialogue towards peace, revolving around the theme "equality." They asked people to sign on to this, and in so doing collected contact information for the signees. They could then email and post more information to these participants, and encourage them to sign on more people. Elkarri organised more than 180 local events in this first phase.

They then moved into an eight-month phase to prepare for their October 2001 Peace Conference, which had 2,500 participants. They deliberately sought participation from a diverse range of representatives, so that they could build the widest possible consensus for the dialogue process. To do this, Elkarri drew on the membership database they had developed over 12 years in existence, as well as the many directories they had developed with contact information for political parties, members of parliament, government officials, human rights organisations, etc.

With this initial support in place, Elkarri deepened its activities and produced the Book, the Dossier and the Page. The Book is a compilation of 36 opinions gathered at 12 roundtable events. The Book features the reflections of victims of violence, politicians, social players, and opinion leaders who have been involved in the peace process. The Dossier summarises and groups the opinions of more than 5,000 citizens gathered in opinion surveys conducted from October 2001-May 2002. It outlines both principles for the peace process, and recommends ways in which these principles can be implemented. Finally, the Page is couched in positive language, and makes a proposal for the rules under which the peace process would be held.

To bring together as many participants as possible, Elkarri operated at the social level (involving individual citizens, conducting surveys, welcoming small donations, and encouraging people at the grassroots to participate in whatever way they could), political level (asking each party in the conflict to recommend their mediator - and ensuring that all parties agreed to work with one another's mediator), and the international level (seeking cooperation with regional and international institutions as well as high profile international figures).

As it says in "Society as Mediator for Conflict Resolution," "To transform society from collective victim or powerless bystander into empowered protagonist, it is essential to identify the areas of consensus that can energise the majority and empower the people in their role as active mediators."

Elkarri attributes its success to its promotion of general societal participation. It also recognises that its activities were proactive, not reactive. Elkarri avoided symbolic gestures or rhetoric, focussing instead on creating opportunities and spaces for a genuine exchange of dialogue. It also maintained its independent character, both through economic independence (fundraising among members), and by avoiding being aligned to any one party or institution.
While the tension in the Basque Country persists, the violence associated with it has declined in recent years, largely thanks to the efforts of Elkarri. All parties in the conflict are now closer to reaching a negotiated settlement that genuinely reflects the people's will, not simply selected political interests.

Read "Society as Mediator for Conflict Resolution," the New Tactics tactical notebook on Elkarri at www.newtactics.org

Visit the Kubatana.net fact sheet

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