'
Gibraltar' is a
British overseas territory on the southern tip of the
Iberian peninsula subject to a disputed
irredentist claim by
Spain.
Gibraltar was conquered by Britain from Spain in
1704, during the
War of Spanish Succession (
1701-
1714). Spain formally ceded the territory under article X of the
Treaty of Utrecht in perpetuity to the British Crown in
1713. This was confirmed in later treaties signed in Paris and Seville.
Spain later attempted to recapture the territory, resulting in a number of failed sieges, and the reclamation of the territory by peaceful means remains Government policy.
For their part, the
Gibraltarians reject any claim and no political party or pressure group in Gibraltar supports union with Spain. In a referendum in 2002 the Gibraltarian people soundly rejected a joint sovereignty proposal.
[1]
Despite this, an overwhelming majority of the population holds the view that better relations are desirable. In a mass demonstration held in March 2002, whilst condemning the idea of joint sovereignty, called for ''Good, neighbourly European relations with Spain based on reasonable dialogue and mutual respect.''
[2]
The territorial claim was restarted by
Franco in the 1960s and has been continued by successive Spanish Governments. They have insisted that the Gibraltar dispute is a purely
bilateral matter and that the current Gibraltarians are mere settlers whose role and will are irrelevant. This vision underlays the
UN resolutions driven by Spain on the decolonisation of Gibraltar in the 1960s, which focused on the "interests" and not the "wishes" of the Gibraltarians. However, the strategy of ignoring the Gibraltar people has proven to be a dead end for Spain. Speaking to the UN C24 in 2006, Peter Caruana stated:
25,000 people demonstrated in Gibraltar
''It is well known and documented and accepted by all that, since 1988 Gibraltar has rejected the Bilateral Brussels Process, and will never be content with it.''
[3]
In 2002 an agreement in principle on joint sovereignty over Gibraltar between the governments of United Kingdom and Spain was reached. There was a robust campaign to reject these proposals by the Government and people of Gibraltar, culminating in a referendum which soundly rejected the proposal. Gibraltarians have further argued that one cannot claim to be acting in the "interests" of a population, while at the same time ignoring its wishes and democratic rights.
With the election of a moderate left-wing government in Spain (2004), Spanish officials noted that, even if Spain does not give up its claim to assume the sovereignty of Gibraltar, no advance could be achieved without taking into account the wishes of the Gibraltarians. The result of this new approach was the creation of a tri-partite forum with the participation of the Gibraltar government. Such movement was qualified by Spanish right-wing parties as a surrender. Gibraltarians remain suspicious of Spain, despite improved relations, and note Spanish intransigence demonstrated with issues like the opposition to
Gibraltar's membership of
UEFA.
[4]
The Capture of Gibraltar and the Treaty of Utrecht
An Anglo-Dutch force led by Sir
George Rooke seized Gibraltar in
1704 on behalf of the Archduke Charles, pretender to the Spanish Throne. The territory was eventually ceded to
Great Britain by
Spain in the
1713 Treaty of Utrecht as part of the settlement of the
War of the Spanish Succession. In that treaty, Spain ceded Great Britain "the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging … for ever, without any exception or impediment whatsoever."
The treaty stipulates that no overland trade between Gibraltar and Spain is to take place, except for emergency provisions in the case that Gibraltar is unable to be resupplied by sea.
In a reversion clause, should the British Crown ever wish to relinquish Gibraltar, Spain was promised it will be offered to it first ("And in case it shall hereafter seem meet to the Crown of Great Britain to grant, sell or by any means to alienate therefrom the propriety of the said town of Gibraltar, it is hereby agreed and concluded that the preference of having the sale shall always be given to the Crown of Spain before any others").
The UK and Spain are both members of the European Union, with Gibraltar joining under the UK treaty of accession. The EU is committed to free movement of goods and services and respect for human rights, thus the UK government and Gibraltarians claim that this supersedes any outdated 'restrictions' contemplated in 1704.
Differing positions
The traditional Spanish position relies on claiming the right to its territorial integrity. According to the Spanish interpretation, as the UN is comprised by states, the concept of territorial integrity complements and constrains the right to self-determination, citing UN resolution 1514 (XV) from 1960 which says:
''Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.''
1514 (XV)
During the sixties, the UN General Assembly passed two resolutions on the issue (2231 (XXI), "Question of Gibraltar" and 2353 (XXII), "Question of Gibraltar"). The latter states that ''any colonial situation which partially or completely destroys the national unity and territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations and especially with paragraph 6 of Resolution 1514 (XV) of the General Assembly ... Invites the Governments of Spain and the United Kingdom of Great Britain and Northern Ireland to resume without delay the negotiations provided for in General Assembly Resolutions 2070 (XX) and 2231 (XXI), with a view to putting an end to the colonial situation in Gibraltar and to safeguarding the interests of the population''.
From such a point of view, Gibraltarians would be mere settlers from Britain and other places and only their interests, not their wishes (as the right to self-determination would involve), need be safeguarded.
With the arrival of the democracy, such a "traditional" position seems to have been softened and aimed to some sort of temporal or permanent joint sovereignty (similar to the agreement announced between the Spanish and British governments in the Spring of 2002, which was eventually shelved after sustained and united opposition by the Gibraltarians).
The UK government and Gibraltarians state that the Spanish claims are baseless, pointing to the right to
self-determination of all peoples, guaranteed and enshrined by the UN, according to the UN Charter (its article 1 states that ''The Purposes of the United Nations are [...] to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples'') or to the same resolution
1514 (XV). Specifically, section 2 (''all peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development''). Furthermore, resolution 2231 (XXI) itself recalls and demands implementation of Resolution 1514(XV) (guaranteeing Gibraltar's right to self-determination) and therefore the Spanish claim for its territorial integrity (which would not be affected by Gibraltar's decolonisation) cannot displace or extinguish the rights of the people of Gibraltar under resolution 1514(XV) or under the Charter.
Furthermore, any additional right that Spain could claim by virtue of the "reversionary" clause contained in the Treaty of Utrecht, the UK government and Gibraltarians point out that article 103 of the
UN Charter (''In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail'') overrules and annuls such a "reversionary clause".
Finally, they point out that there is in fact no principle in International Law or UN doctrine that can displace the inalienable right to self determination, and that the UN itself and the International Court of Justice have repeatedly stated that "in the process of decolonisation there is no alternative to the principle of self-determination". The Gibraltar Government has also argued that Gibraltar as a colony and therefore by definition not an integral part of any other state, that Spain's territorial integrity cannot be affected by anything that occurs in Gibraltar. Consequently the decolonisation of Gibraltar cannot affect the territorial integrity of a country of which it does not form part. It further points out that it is not possible to respect the "interests" of the people of Gibraltar, while at the same time ignoring their wishes, and their democratic rights. They consider it hypocritical for the Spanish Government to claim to respect democratic values while at the same time stating that the democratic wishes of 30,000 Gibraltarians are irrelevant. The Gibraltarian point of view can be extensively seen in the speech of Chief Minister Joe Bossano at the United Nations in 1994.
In a referendum held in Gibraltar in 2002, the people of Gibraltar united to reject the concept of even partial Spanish sovereignty.
[5]
The isthmus
Main articles: Disputed status of the isthmus between Gibraltar and Spain
The Gibraltar territory nowadays contains an 800-metre section of the isthmus that links the Rock
[1] with mainland Spain.
Spain does not acknowledge British sovereignty over Gibraltar beyond the fortified perimeter of the town as that of 1704. The United Kingdom claims that its title to the southern part of the isthmus is based on continuous possession over a long period.
As well as the airport, there are two substantial housing estates, the sports stadium and a school built on this land, which is considered an integral part of the territory of Gibraltar.
Territorial waters
The Treaty of Utrecht did not specify territorial waters, because like many other things, the concept had not been developed at the time.
By the first half of the 18th century the concept of the three-mile (6 km) wide sovereign territorial sea emerged, this was eventually adopted by most countries as the basis of marine jurisdiction, until the UN Convention on the Law of the Sea 1982, which entered into force in 1995, set a new standard of 12 nautical miles (22 km). Gibraltar's territorial waters currently extend up to 3 nautical miles (6 km), but could be extended if required — the
UN Convention on the Law of the Sea set a standard of the latter distance for all of its signatories. However, the positions of
Spain and the
UK are opposite on this issue:
The Spanish statement
''"2. In ratifying the Convention, Spain wishes to make it known that this act cannot be construed as recognition of any rights or status regarding the maritime space of Gibraltar that are not included in article 10 of the Treaty of Utrecht of 13 July 1713 concluded between the Crowns of Spain and Great Britain. Furthermore, Spain does not consider that Resolution III of the Third United Nations Conference on the Law of the Sea is applicable to the colony of Gibraltar, which is subject to a process of decolonization in which only relevant resolutions adopted by the United Nations General Assembly are applicable."''
The British statement
''"With regard to point 2 of the declaration made upon ratification of the Convention by the Government of Spain, the Government of the United Kingdom has no doubt about the sovereignty of the United Kingdom over Gibraltar, including its territorial waters. The Government of the United Kingdom, as the administering authority of Gibraltar, has extended the United Kingdom's accession to the Convention and ratification of the Agreement to Gibraltar. The Government of the United Kingdom, therefore, rejects as unfounded point 2 of the Spanish declaration."''
The dispute over territorial waters, which was rekindled over the fishing dispute seems likely to become more important with the discovery of a British treasure ship,
HMS Sussex, and the
Black Swan Project controversy. Questions about the waters have previously been asked in the House of Commons, and answered as follows:
"Under international law, States are entitled, but not required, to extend their territorial sea up to a maximum breadth of 12 nautical miles. Where the coasts of two States are opposite or adjacent, the general rule is that neither is entitled, unless they agree otherwise, to extend its territorial sea beyond the median line. The UK Government considers that a limit of three nautical miles is sufficient in the case of Gibraltar."
1953: rekindling the dispute
In
1953, after
Her Majesty The Queen visited Gibraltar,
Generalisimo Francisco Franco renewed Spanish claims to the Rock. Based on British
National Archives files dating back to
1953, it seems that Franco believed Spain had been promised the Rock in return for not attacking the territory during the
Second World War. During the war, the civilian population of Gibraltar was evacuated, and the territory turned into a military base, with an airport being built over the racecourse. Gibraltar was a key supply line and controlled the straits of Gibraltar at the western end of the
Mediterranean.
The British civil service conducted a full review of their files
to see whether Franco's claim had any foundation, and none was found.
Economy
Main articles: Economy of Gibraltar
Repeated stories in the Spanish media that Gibraltar banks are used for
tax evasion and
money laundering have been determined to be baseless after an inquiry by the
House of Commons Foreign Affairs Committee. This found that Gibraltar has always complied with all international and EU requirements to prevent such activity.
:''We conclude that the series of allegations which Spain makes against Gibraltar appear almost wholly to be without substance. In many cases, it is not just the Government of Gibraltar but the British Government as well which is traduced. It is deeply regrettable that allegations are made that cannot be sustained by a basis in fact. If concrete evidence of wrong-doing were produced, the British Government should act promptly to deal with the problem. But so long as allegations are unsubstantiated, the British Government should continue to rebut them promptly and decisively.''
[6]
Similarly positive assessments have been made by international bodies such as the
IMF.
[7] [8] [9] [10]
According to the executive summary of a 2007 IMF Report:
:''Gibraltar has a well-regulated financial sector. The Gibraltar authorities are concerned with protecting the reputation and integrity of Gibraltar as a financial center, and are cognizant of the importance of adopting and applying international regulatory standards and best supervisory practices. Gibraltar has a good reputation internationally for cooperation and information sharing.''
[11]
Along with the Isle of Man and Cyprus, Gibraltar has been used as an international finance centre by the Russian conglomerate
Yukos/Menatep.
[12]
The Spanish Government has also accused Gibraltarian motorboats of engaging in
tobacco smuggling. However, since
1996 there has been a law in Gibraltar controlling fast launches licencing their ownership and importation and prohibiting the entry of unlicenced craft into Gibraltar waters.
Referendums
In a
1967 referendum organised by the British government, Gibraltarians ignored Spanish pressure and 99.6% of voters voted to remain a British dependency.
More recently, in a second referendum held in November
2002 by the Gibraltar government, 98.5% of the voters rejected any proposal to share
sovereignty between the UK and Spain. (The wording of the question being "Do you approve of the principle that Britain and Spain should share sovereignty over Gibraltar?"
[13]; result: 17,900 NO, 187 YES
[14]).
For their part the Gibraltarians are seeking a more modern status and relationship with the United Kingdom reflecting the present level of self-government. A new constitution was approved in a referendum in 2006 which moved Gibraltar to a more
Crown dependency-like relationship with the UK, rather than the previous colonial status.
[15] The new constitution came into effect in January 2007
Recent disputes
A more recent issue of contention was the repair of the nuclear powered submarine,
HMS Tireless. The Government of Spain expressed its concern about the effective safety for the inhabitants of Gibraltar and those living in the ''
Campo de Gibraltar'' the adjacent area in Spain—some 250,000 people (
Press conference of the Spanish Foreign Secretary, Mr. Pique in London, of 2001 January 24).
The inhabitants of the area saw this repair as a precedent of future repair operations in Gibraltar rather than the one-off emergency the British government has claimed (as of December 2005 no other nuclear submarine has been repaired in Gibraltar). On the other hand, the Gibraltar Government accused Spain of using this incident as an excuse to justify its 300 year old sovereignty claim to Gibraltar. Despite many protests, the Gibraltar Government allowed the work to be done after employing its own experts to confirm it could be undertaken safely. The submarine was in Gibraltar for a year before leaving, during which the repair was completed without incident.
Subsequently Spanish politicians have complained about every nuclear submarine visit to Gibraltar, and have tried unsuccessfully to get a reassurance that this would stop totally. There have been no further protests against nuclear submarines in Gibraltar. Commenting, the Gibraltar Government said :
''Nuclear submarine visits to Gibraltar are a matter for UK and Gibraltar. Visits for operational or recreational purposes are welcome by the Gibraltar Government ... To our knowledge, it is not the position of the present Spanish Government or any previous Spanish Government, that it is opposed to visits by nuclear submarines.''
Statement on visit of HMS Trenchant
A visit by
HRH The Princess Royal in June 2004, the brief return of HMS Tireless in July 2004, together with the tercentenary celebrations of the capture of the Rock were subjects of complaint by the Spanish government.
In the months that predated the referendum called by the Gibraltar government on the joint sovereignty agreement (July - Aug 2004) disagreements could be categorised as:
★ Control of the Military Installations. Spain wished to control the military installations of the territory, even in the event of joint sovereignty. This pretension was considered unacceptable by the
British Ministry of Defence.
★ The Referendum itself. Both the Spanish and British governments stated that the referendum had no legal effect, but it clearly indicated the democratically expressed will of the people of Gibraltar to “not be Spanish”. As the United Kingdom Government is committed to respect those wishes, the idea of a joint sovereignty deal has been abandoned.
A new round of negotiations was proposed (October 2004) to discuss regional co-operation. In February 2005, the first talks took place on a tri-lateral basis at a meeting held in Malaga, and subsequently in Portugal and London. This is the first sign of formal recognition of the Gibraltar Government, and has been generally welcomed. The main issues of the talks are a new agreement on the
airport, the pensions of the Spanish workers that worked in Gibraltar during the sixties., and the removal of Spanish restrictions on telecommunications.
The talks were successfully concluded in September 2006, with the Cordoba Agreement which addressed the above issues.
Spanish Restrictions
Despite both Gibraltar and Spain being members of the EU, Spain continued to place restrictions on communications with Gibraltar, which affect telecommunications (see
Gibraltar telecom dispute) and blocks any EU or international agreements, like the
Hague Convention 1996 that mention the Gibraltar Airport. Under the Lisbon agreement of
1980:
[16]
:''Both Governments have reached agreement on the re-establishment of direct communications in the region. The Spanish Government has decided to suspend the application of the measures at present in force.''
This was to include re-instatement of a ferry service from Algeciras, which (like normalisation of telecommunications) has yet to happen.
At the end of 2006, the restrictions on the airport were removed as a result of the Cordoba Agreement (2006) and direct flights from Madrid by Iberia started operation.
Sources
British sources
★
Rock of Contention. A History of Gibraltar, , George, Hills, Robert Hale, 1974, ISBN 0-7091-4352-4 George Hills was a BBC World Service broadcaster, Spanish Historian and Fellow of the Royal Historical Society. Although listed as a British source, Hills supports the Spanish view of Gibraltar, his first book was Franco - The Man and his Nation in 1967. In researching this biography, he had been granted rarely given interviews with the General.
★
The Rock of the Gibraltarians. A History of Gibraltar, , William, Jackson, Gibraltar Books, 1990, ISBN 0-948466-14-6 General Sir
William Jackson was Governor of Gibraltar between 1978 and 1982, a military Historian and former Chairman of the Friends of Gibraltar Heritage.
Gibraltar sources
Spanish sources
★
Gibraltar. La razón y la fuerza (Gibraltar. The reason and the force), , Isidro, Sepúlveda, Alianza Editorial, 2004, ISBN 84-206-4184-7 Chapter 2, "La lucha por Gibraltar" (The Struggle for Gibraltar) is available
online (PDF). Isidro Sepúlveda Muñoz is a Contemporary History Professor in the UNED ("Universidad Nacional de Educación a Distancia"), the biggest Spanish university.
★
Ceuta, Melilla, Olivenza y Gibraltar. Donde termina España (Ceuta, Melilla, Olivenza y Gibraltar. Where Spain ends), , Máximo, Cajal, , 2003, ISBN 84-323-1138-3 Máximo Cajal is a Spanish diplomatist, ambassador in different countries and currently the special representant of the Spanish Prime Minister, José Luis Rodríguez Zapatero, in the
Alliance of Civilizations. He was the only survivor of the assault of the Embassy of Spain in Guatemala by the forces of the Guatemalan dictatorship in 1980.
Notes
#
Resolution 2231(XXI). Question of Gibraltar UN General Assembly
#
Resolution 2353(XXII). Question of Gibraltar UN General Assembly
#
The Fight for Self - Determination. Joe Bossano at the United Nations Joe Bossano
#
First Iberia flight
See also
★
Disputed status of the Falkland Islands between the
United Kingdom and
Argentina
★
Disputed status of Olivenza between
Portugal and
Spain.
★
Sea of Japan naming dispute between
Japan &
North and
South Korea.
★ The
Spanish enclaves of
Ceuta and
Melilla, disputed by
Morocco.
★ The
History of Gibraltar
External links
★
"Gibraltar: The Legal Issues" academic paper by J. E. S. Fawcett in International Affairs (Royal Institute of International Affairs), Vol. 43, No. 2 (Apr., 1967)
★
BBC – Files reveal 1953 Gibraltar row
★
Map of Gibraltar and the isthmus (PDF file). In green the area that according to Spain was not ceded by the Treaty of Utrecht.
★
A legal opinion on the issue of territorial waters, by a Gibraltar lawyer with an official map
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