| Political Development |
| No.6 Convent Place,
Gibraltar |
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History
During the Second World War, the bulk of
Gibraltars civilian population was evacuated for security reasons. An initial
evacuation to French Morocco had to be terminated after a few months due to the
deterioration of relations between Britain and the Vichy Government of France. The
civilians were then re-evacuated to Britain, Jamaica and Madeira. Some went to Tangier and
Spain under their own steam. Repatriation began in 1944, but due to accommodation
difficulties in Gibraltar the last repatriates did not return until 1951.
The experience gained by some evacuees in the fight for better
conditions for themselves and for their compatriots gave a substantial impetus to the
demand for greater self-government in the Colony. The Association for the Advancement of
Civil Rights was formed at the end of 1942 and in 1945 the City Council was reconstituted,
for the first time with an elected majority.
The Governors monopoly of legislative authority ended 5 years
later with the formation of a Legislative Council, and subsequent amendments allowed for a
majority of elected Members in this assembly.
The post-war years were also marked by considerable expansion and
progress in the social and economic spheres. In the social sphere, Medical, Educational,
Housing and Social Security Services were developed.
The building of an airfield on the isthmus, the great construction
achievement of World War Two, was to have important repercussions in peacetime. That
airfield is now used extensively by civilian operators and, combined with the existing and
expanding land and sea travel facilities, has made Gibraltar a centre of communications
for the Mediterranean between Europe and Africa. It also helped to make tourism an
important pillar of the Rocks economy.
Early in September 1963, the United Nations Special Committee on
Decolonisation considered a proposal, sponsored by a number of members, that the future of
Gibraltar should be discussed between Britain and Spain. On the 17 September, the
Committee having agreed that representatives from Gibraltar should appear before it as
petitioners, the Chief Member of the Legislative Council Joshua Hassan and the Member for
Education Peter Isola flew to New York to explain the wishes of the people of Gibraltar.
The delegation made it clear to the Committee that Gibraltar had
already achieved a very large measure of internal self-government, that further
constitutional changes were under discussion, and that the ultimate aspiration of the
people was to achieve full internal self-government by means of a free association with
Britain. The suggestion that the sovereignty of Gibraltar should be discussed with Spain
was vigorously resisted.
On their return from New York the delegates were welcomed by a massive
demonstration of support in which virtually the whole population took part.
The debate was resumed in September 1964. The representatives from
Gibraltar once again made it clear to the Committee that the people of Gibraltar had
achieved a very large measure of internal self-government and that they wished to continue
in close association with Britain. They again strongly resisted the Spanish claim to
Gibraltar.
On 16 October, 1964, the Committee adopted a consensus which did
not however, meet with the full agreement of either the British or the Australian
delegates to the effect that Britain and Spain should hold conversations in order
to find a negotiated solution to the problems raised by Spain concerning Gibraltar.
On the 17 October, the Spanish Government began a series of restrictive
measures at the Gibraltar frontier which were later gradually intensified, and which
compelled Britain to state that the conversations recommended by the Committee of 24 could
not be held so long as the Spanish attempt to influence the situation through the
application of the restriction continued. Spanish measures against Gibraltar were
subsequently intensified.
In July 1965 the elected members in the Legislature agreed that, in the
situation created by the Spanish restrictions, a political truce would be in the best
interest of Gibraltar and a coalition was formed.
Another result of the Spanish campaign politics, was that the question
of Gibraltars future constitutional relationship with the mother country aroused
great public interest and a number of alternative forms were suggested and debated in the
Press and elsewhere.
In November the United Nations Fourth Committee in the course of their
consideration of the report of the Committee of 24, began a debate on Gibraltar. The Chief
Minister and his deputy went to New York once again to be present during the discussions
and to act as advisers on the situation in Gibraltar to the United Kingdom Mission to the
United Nations. In December the General Assembly passed a resolution submitted to it by
the Fourth Committee once again calling on Britain and Spain to hold talks on Gibraltar.
An economic survey was carried out in April 1965, with a view to the
preparation of a master plan for the comprehensive development of Gibraltar. As a result
of discussions in London £1m was made available over a 3-year period under the Colonial
Development and Welfare Acts together with Exchequer loans. A further special grant of
£100k was made in recognition of the additional expenditure incurred as a result of
Spanish measures. Local taxation measures were also introduced.
In January 1966, NATO aircraft were banned from overflying Spain if
bound for Gibraltar. This ban was later extended, in August, to all British military
aircraft.
In August 1966, some 2,000 Spanish females formerly commuting to
Gibraltar daily to work were prohibited by Spain from entering Gibraltar. The frontier
gates were finally closed to all vehicular traffic in October 1966. The ban on exports
from Spain to Gibraltar was made total by extending it to fish, fruit and vegetables. The
British Government, as in 1965, made a further special grant of £100k to help meet the
additional expenditure incurred by the Gibraltar Government as a result of Spanish
measures.
In October, Mr Fred Lee, the Secretary of State for the Colonies,
visited Gibraltar for consultations on political and financial matters. During this visit
he announced the grant of a first instalment of £600k for development projects.
During 1966, the British Government agreed to hold talks with Spain
over Gibraltar. This followed the 1964 consensus of the Committee of 24 endorsed by a
resolution passed by the General Assembly in December 1965.
The talks began in London on the 18 May 1966. Further sessions were
held in July, September and October. Throughout the talks the British Government made it
clear that it had no doubt about its sovereignty over Gibraltar and that it would protect
the interests of the inhabitants. At the talks held in October the British Government
proposed that the legal issues in the dispute be referred to the International Court of
Justice at the Hague. This proposal was later rejected by Spain.
In December the question of Gibraltar, which had once again been under
consideration by the Committee of 24, came before the Fourth Committee of the General
Assembly. The Chief Member and his deputy appeared again as petitioners on behalf of
Gibraltar. Eventually a Resolution was adopted which made specific reference to the need
to take into account the interests of the people of Gibraltar. The resolution, which both
Britain and Spain supported, called on Britain to expedite, in consultation with Spain,
the decolonisation of Gibraltar and to report to the Committee of 24 not later than the
next session of the Assembly.
Following the UN resolution passed in December 1966, it was decided
that the views of the people of Gibraltar on their interests could be best determined by
referendum and this was announced in the House of Commons on the 14 June. The people of
Gibraltar were invited to say which of the following alternative courses would best serve
their interest:
To pass under the Spanish
sovereignty in accordance with the terms proposed by the Spanish Government to her
Majestys Governor on 18 May, 1966, or
Voluntarily to retain their
link with Britain, with democratic local institutions and with Britain retaining its
present responsibilities.
Sir Robert Fowler, KCMG, was appointed
Referendum Administrator and the Commonwealth Secretary-General, at the invitation of the
British Government, appointed a team of observers from four Commonwealth countries. Two
members of the team paid a preliminary visit to Gibraltar in August to observe the earlier
stages of the arrangements and the whole team were in Gibraltar from the 4 to the 13
September. The Referendum was held on the 10 September 1967.
The Referendum was enthusiastically welcomed by the people of Gibraltar
as an opportunity to express their own views as to their future. Those qualified to vote
in the Referendum were all persons over 21 who were registered as Gibraltarians and were
ordinarily resident in Gibraltar. 12,138 were in favour of retaining the link with Britain
while 44 voted for Spanish sovereignty.
The Commonwealth Observers team reported:
"It is our unanimous view that the actual conduct of the
Referendum fully conformed with the requirements for the free expression of choice through
the medium of the secret ballot".
The Director General of the United Nations Association in London, who
was also present in Gibraltar for the Referendum, informed the Secretary General of the
United Nations that the result genuinely reflected the wishes of the electorate and should
be respected by the United Nations.
In pursuance also of the General Assembly Resolution, talks between
British and Spanish officials were due to take place in April, 1967. They were however
postponed by Her Majestys Government when the Spanish Government announced its
intention of declaring a prohibited air zone which was clearly designed to interfere with
access to Gibraltar by air. The prohibited air zone came into operation on 15 May. The
whole question was referred by the British Government to the International Civil Aviation
Organisation. Signs of further harassment by the Spanish authorities were seen towards the
end of the year when Spanish warships began anchoring in British waters around the Rock.
In October the British Government informed the Spanish Government that
they were prepared to hold future talks on Anglo-Spanish relations, including the question
of Gibraltar, in November. The Spanish Government replied that they would be prepared to
resume talks in 1968 once the questions of Gibraltar had been dealt with by the United
Nations which were due to do so in December. When the discussion on Gibraltar was resumed
by the United Nations the Chief Minister and his deputy once again appeared before the
Fourth Committee as petitioners. After a long debate the Fourth Committee adopted a
resolution based on the provisions of a resolution passed by the Committee of 24 in
September declaring that the Referendum was in contravention of a former resolution and
inviting Spain and the United Kingdom to resume their negotiations on Gibraltar. The
British Government made it clear that decolonisation could not mean the handing over of
the people of Gibraltar to Spain against their wishes and that they considered the
resolution to be inconsistent with the provisions of the Charter.
In April 1967, the Legislature approved the Development Programme for
the period 1967-70, involving expenditure of over £3.8m. Later in 1967 an Exchequer Loan
of £200k was approved for electricity development. In February 1968, the Ministry of
Overseas Development announced a grant of £1m to help finance the building of 560 flats
over a 4-year period. In December, the Ministry stated that a sum of £600k would be
provided for a further hotel development over a similar period. On the 6 May the Spanish
Government closed the frontier with Gibraltar to all persons except Spanish nationals
entering Gibraltar daily to work and civilian residents of Gibraltar who wished to apply
for special passes to cross the frontier. As a result, the only remaining unrestricted
communication with Spain was the ferry across the bay to Algeciras.
Also in May the Chief Minister and the Deputy Chief Minister left for
London for preliminary talks on the proposed new Constitution and to discuss the latest
restrictions at the frontier. These talks were continued during a visit to Gibraltar later
in the month by Mr George Thomson, Secretary of State for Commonwealth Affairs. The formal
constitutional talks opened on the 16 July and ended on the 24th. They were
held in Gibraltar under the Chairmanship of the Minister of State at the Commonwealth
Office, Lord Shepherd, and were attended by all the elected members of the Legislative
Council and City Council and by representatives of the integration with Britain Party.
The Gibraltar City Council met for the last time in August. Its
functions, assets and liabilities were transferred to the Government, the staff of the two
bodies were merged into a single public service and a start was made on the process of
merging the two administrations.
Further restrictions were imposed by the Spanish Government during
1969. On the 9 June, the Spanish labour force of 4,666 men who had previously entered
Gibraltar daily to work was withdrawn; on the 27 June, the Algeciras Gibraltar passenger
sea ferry services the last remaining link with the mainland of Spain was also withdrawn.
On the 1 October, telephone and telegraph links with Gibraltar were
cut.
Lord Shepherd held a series of discussions with His Excellency the
Governor and Gibraltar Ministers in Gibraltar in August 1969. These were followed by
further talks in London on Gibraltar development proposals in December. As a result of
these talks the British Government agreed to make available a sum of about £4m over the
three year period 1970/73.
In 1973 Gibraltar entered the European Economic Community, as a
dependent territory in Europe, under Article 277(4) of the Treaty of Rome but was
excluded, at the request of the Government of Gibraltar, from the common external tariff,
the common agricultural policy and value added tax. 1973 also saw Gibraltars
re-inclusion in the Scheduled Territories of the Sterling Area.
HMGs Development Aid to Gibraltar for the programme period
1978/81 amounted to £14m, and was largely directed towards port development, education
and housing. For its own part, the Gibraltar Government contributed £20m for the
construction of a new power station, a new IDD telephone system and social projects,
notably housing.
In late 1981, a £4m tranche of Development Aid was agreed for urgent
projects forming part of the 1981/86 Development Payment. In December 1982 a further £9m
of Aid was granted, raising HMGs contribution to the Development Programme to £13m
for the period 1981/86.
In November 1977 the Spanish Foreign Minister and the Secretary of
State for Foreign and Commonwealth Affairs met in Strasbourg to discuss the Gibraltar
question. The Chief Minister Sir Joshua Hassan and the Leader of the Opposition Maurice
Xiberras attended the meeting as part of the British delegation.
A further meeting was held in Paris on 15 March 1978 and, as a result,
joint working parties of officials were set up to study the questions of
tele-communications, social security benefits for Spaniards formerly working in Gibraltar
and maritime communications between Spain and Gibraltar. The working parties met in London
in July 1978 and in Madrid in December.
For some years, the Internal Trunk Service with Gibraltar had been
temporarily restored by Spain during festive seasons. When the Service was restored during
Christmas 1977 it was not subsequently withdrawn.
In September 1979 the Secretary of State for Foreign and Commonwealth
Affairs had a meeting with the Spanish Foreign Minister whilst they were in New York
attending the United Nations General Assembly. During this their first meeting they had a
preliminary discussion on Gibraltar. They agreed that it was in the interests of both
Britain and Spain to seek ways of resolving their differences on the question and to
consider possible ways forward.
On 10 April 1980, after talks in Lisbon between the Secretary of State
for Foreign and Commonwealth Affairs and the Spanish Foreign Minister a joint statement
was issued in which both Governments agreed to start negotiations aimed at overcoming all
the differences between them on Gibraltar. The statement recorded the Spanish
Governments decision to suspend the application of the measures at present in force.
It was envisaged that the preparations to implement the Agreement would be completed not
later than 1 June 1980.
The arrangements on the Gibraltar side were completed by the date, but
the Spanish Government did not signify a date for the implementation of the Agreement. On
15 December 1982, the Spanish Authorities partially opened the frontier for pedestrians
only, but restricted this to British Passport holders resident in Gibraltar and Spanish
nationals. Persons crossing the frontier were not allowed by Spanish Customs to export
goods from Gibraltar.
Elections were held in January 1984 and eight members of the Gibraltar
Labour Party/Association for the Advancement of Civil Rights and 7 of the Gibraltar
Socialist Labour Party were elected. The Gibraltar Labour Party/Association for the
Advancement of Civil Rights accordingly formed Government for the fourth consecutive term
with Sir Joshua Hassan as Chief Minister.
On the 27 November 1984 the Brussels Agreement was signed by the
British and Spanish Foreign Ministers. This Agreement prepared the way for the lifting of
all Spanish restrictions on Gibraltar and for talks on sovereignty.
The Brussels Agreement was condemned by the GSLP which had 7 opposition
seats and the Democratic Party of British Gibraltar which had no seats but obtained 17.8%
of the vote.
Spain opened its border on 5 February 1985. There were meetings of
working groups of officials periodically prior to meetings between the Spanish and British
Foreign Ministers. Spain, however, refused to restore the sea ferry removed on 25 June
1969 or to remove the air exclusion zone introduced in 1967.
The question of air communications was discussed between Spanish and
British co-ordinators throughout 1985 and 1986. The position of the Gibraltar House of
Assembly was set out in the following motions passed unanimously on 24 March 1986 and 17
December 1986 respectively:-
"This House affirms, that should proposals
be put forward in connection with greater civilian use of the Gibraltar airport, which
might in the view of the Gibraltar House of Assembly make it possible to represent or
interpret such use as being an encroachment on British Sovereignty over the isthmus, such
proposals would be unacceptable to this House and to the people of Gibraltar. It calls on
her Majestys Government to note this view and make it known to the Government of the
Kingdom of Spain."
"This House declares that the views and
wishes of the people of Gibraltar in respect of the use of the Airport are: (a) that it
should continue under the exclusive control of the British and Gibraltarian authorities
and (b) that any flight from or to any foreign country should be governed by the rules
applicable to international flights."
Independent of bilateral talks between the United Kingdom and Spain,
the EC agreed on a package of liberalisation which was an extension of the one agreed in
1983 in which Gibraltar had been included as a British regional airport. In July 1987, in
Luxembourg, when the new liberalisation agreement was about to be ratified, Spain used its
veto to make its support of the agreement conditional on Gibraltar being left out of it.
On 6 July 1987 the House of Assembly passed the following motion unanimously:-
"This House
- Notes the refusal of the Government of the Kingdom of Spain to
ratify the agreement to liberalise air travel within the European Community because it
applies to Gibraltar.
- Notes that the provisions of the Treaty of Rome apply to
Gibraltar, as a territory in Europe for whose external relations Britain is responsible,
by virtue of Article 227(4) of the Treaty, subject to the exceptions agreed by the
Community, and that those provisions have applied to Gibraltar since 1 January, 1973.
- Notes that Gibraltar is obliged to comply with community
directives and regulations as required by its terms of membership.
- Notes that Gibraltar is entitled to the privileges and benefits
deriving from its terms of membership.
- Notes that the Kingdom of Spain applied for membership of the
European Community and achieved accession on 1 January, 1986, in the full knowledge of
Gibraltars rights and obligations under the Treaty of Rome.
- Considers the position adopted by the Government of the Kingdom of
Spain in relation to the liberalisation of air travel totally unwarranted and an attempt
to deprive Gibraltar and its people of their rights as members of the Community.
- Warmly welcomes the resolute stand adopted
by Her Majestys Government and urges them to continue to maintain this stand.
- Requests Her Majestys Government to transmit the views
herein contained to the Governments of the other 11 Member States as the views of the
people of Gibraltar expressed through their democratically elected Parliament."
The British Government sent a senior
official to Gibraltar to sound out local opinion on a proposed agreement on the joint use
of the Gibraltar Airport. A mass public demonstration of 16,000 persons led by all members
of the House of Assembly was held on the 10 November 1987 which rejected any agreement
giving the Spanish Government a measure of control over the Gibraltar airport. On 17
November 1987 the following motion was unanimously passed at the House of Assembly:-
"This House
- applauds the initiative of the Action for Gibraltar Group and the
Gibraltar Trades Council in organising a demonstration on the question of the airport in
support of the stand taken by the House of Assembly and thanks the representative bodies
and the thousands of persons who signed the petition and participated in the
demonstration;
- reiterates the views expressed by this House in the resolution
adopted on 25 March and 16 December 1986;
- calls on her Majestys Government not to conclude an
agreement with the Spanish Government, on the question of the Gibraltar airport, which
would involve any concessions being made to Spain or which would in any way establish, or
at any time in the future lead to, any form of joint control of the airport; and
- rejects the following proposals made by the Spanish negotiators as
published in El Pais on the 29 October 1987, ie
- Access for Spaniards to the airport without passing through
British Customs and Immigration
- Construction of another terminal
- Spanish participation in the control of Gibraltar Air Space
- Possible presence of Spanish Air Traffic controllers in the
Gibraltar Control Tower
- Spains eventual association with the management of the
airport."
Notwithstanding the fact that public opinion was diametrically opposed
to a bilateral deal treating Gibraltar differently to all other European airports, the
British and Spanish Governments went ahead and announced an agreement in December 1987 for
the joint use of the airport. The Agreement left it up to the legislature of Gibraltar to
pass the necessary legislation to enable it to come into force.
The Brussels and Airport Agreement featured prominently in the March
1988 election campaign. The GSLP sought a mandate against both Agreements.
The Gibraltar Socialist Labour Party won the election obtaining 58.2%
of the vote compared to 29.3% obtained by the Gibraltar Labour Party/AACR. Mr J J Bossano
was appointed Chief Minister.
In September 1989, the Gibraltar Government filed an application under
Article 173 of the EC Treaty before the European Court of Justice challenging the legal
validity of Gibraltars suspension from the EC Air Liberalisation Regime as enshrined
in the 1987 Anglo/Spanish Airport Agreement. The ECJ heard the case on the 6 May 1992. The
Court later ruled, on the 29 June 1993, that Gibraltars case was inadmissible on the
grounds that the dispute between the UK and Spain, as evidenced by the bilateral airport
agreement, represented an obstacle of an objective nature to the implementation of the EC
Directives having regard to their aims.
At meetings in Luxembourg on 26 June and 1 July 1991, all the EC Member
States came close to agreement on a convention on the demarcation of the Communitys
external frontier, a key step in completing the objectives of the free movement of persons
provisions in the EC Treaties. Spain opposed the text for political reasons because it
included Gibraltar within the Communitys external frontier. The UK maintained that
Gibraltar was part of the EC under Article 227(4) of the Treaty of Rome and exempting
Gibraltar, or making it subject to a separate bilateral agreement, would be contrary to
Gibraltars status within the EC. To date, there continues to be deadlock over final
agreement on the Convention.
A General Election was held on 16 January 1992. The GSLP Government
sought a new mandate based on its record since 1988 and on the need to reform the 1969
Constitution to take account of the impact on Gibraltars status following
developments in the European Union, as these affected both domestic and non-domestic
affairs. The Government was re-elected by a 73% majority vote.
In his inaugural address to the House of Assembly of 9 February 1992,
Mr Bossano said that it was the intention of his Government to change the Territorys
Constitution and shed its colonial status. He proposed that in so far as EC had a
collective defence and foreign affairs policy, the Community should become involved in
these matters on Gibraltars behalf. However, to the extent that defence and foreign
affairs were not co-ordinated through the Community, the United Kingdom should remain
responsible. Mr Bossano said that Gibraltar was seeking to reform its 1969 Constitution.
He told the House of Assembly:
"The time has come for Gibraltar to be seen
as a territory whose people are fully entitled to the right of self-determination. We
reject entirely the argument that an eighteenth century treaty can limit or inhibit the
right of European people to exercise self-determination when that right is not denied to
another single human being."
On the 28 July 1992, Mr Bossano appeared before the UN Committee of 24
after a Gibraltar absence going back some 25 years. He reiterated the need for a new
constitutional relationship with the UK in the context of Gibraltars status within
the EC.
Mr Bossano returned to the UN in 1993 where he addressed both the
Committee of 24 on the 14 July and the Fourth Committee on the 12 October. He asked for
recognition of Gibraltars right to self-determination and sought the protection of
the UN to ensure that this right was not denied to the Gibraltarians who were committed to
ending their colonial status in keeping with the UN Declaration on the Granting of
Independence to Colonial Countries and Peoples and the Eradication of Colonialism by the
year 2000.
On the 10 September 1993, Gibraltar celebrated its first ever National
Day which drew a massive turn-out of some 16,000 persons at a public rally, supported by
all the local political parties, demanding recognition of the right to self-determination.
Mr Bossano again addressed the Committee of 24 and the Fourth Committee
on the 12 July and 11 October 1994. He made it clear that it was impossible to have
decolonisation without self-determination. He repeated the need for UN support to ensure
that Gibraltar did not remain the one remaining colonial territory which was not
de-colonised by the year 2000.
On the 21 November 1994, Mr Bossano presented Gibraltars case for
self-determination before the UN Committee on Economic, Social and Cultural Rights in
Geneva. In its conclusions, the Committee stated.
"
.calls upon all parties to the
existing situation to ensure full respect for all the rights recognised in the Covenant
(ie 1976 Covenant on Economic, Social and Cultural Rights) in relation to future
developments concerning Gibraltar."
A General Election was held on the 16 May 1996. The Gibraltar Social
Democrats won the election with 51% of the vote. Mr Peter Caruana was appointed as Chief
Minister. The new administration has pledged to establish a politically secure British
Gibraltar with a modern Constitution In an address to the UN Committee of 24, the
Chief Minister explained the Gibraltar Governments policy of seeking dialogue with
Spain but only on the basis of Gibraltar having its own separate voice and representation.
This theme was developed in a similar address before the UN Fourth Committee on the 7
October 1996. The Chief Minister called upon the Fourth Committee to support
Gibraltars right to having a voice and representative separate from that of the
administering power.
On the 6 June 1997, the Chief Minister, Peter Caruana, once again
addressed the UN Committee of 24, again seeking a clear recognition of Gibraltars
inalienable right to self determination.
The Chief Minister questioned that a colonial people should be deprived
of self determination simply because another State, ie Spain, asserts a historical
territorial claim. He added that it defies all logic for a third party to be able to
frustrate the right of self determination of the inhabitants of a colony when this is not
done by the administering power itself.
Even though Gibraltar continued to seek the Committee of 24s
declaration of the right to self determination, the Chief Minister told the Committee that
his Government does not make acceptance by Spain of his Governments position a
pre-condition for dialogue with her. What Gibraltar does insist on is that any dialogue
should recognise Gibraltars right to represent its own position in its own right
with a distinct voice.
The Chief Minister referred to the UNs Special Committees
target for the eradication of colonialism by the year 2000. If Gibraltar is to have any
chance of progress, let alone success, he said the Special Committee must inject new life,
a catalyst, into the issue. The catalyst is the recognition of the supremacy of the wishes
of the people of Gibraltar coupled with a call for Gibraltar to be allowed to represent
itself in its own right at dialogue.
The arguments were reiterated when Mr Caruana addressed the Fourth
Committee on the 9 October 1997 calling upon it to recognise that the people of Gibraltar,
like the people of all non-self governing territories on the UN list, have the right to
self determination and that any talks about Gibraltar must include the elected
representatives of the people of Gibraltar in their own right.
The Chief Minister stressed that there can be no progress in resolving
our differences with Spain if they continue to insist that the matter must be resolved
bilaterally between the UK and Spain thus denying Gibraltar of its fundamental human right
of self determination.
The Gibraltar Government was again absent at a further round of
Anglo-Spanish talks under the Brussels Agreement held in London on the 10 December 1997
issuing a public statement detailing its conditions for participation in future talks as
follows:
- A single composite British delegation comprising internally
separate Gibraltar and UK representative parts, led by the Foreign Secretary with the
Chief Minister as deputy leader.
- The Chief Minister, and (where appropriate) other members of the
Gibraltar part of the British delegation, to be present throughout all parts of the talks.
- HMG should not agree, without the chief Ministers prior
specific endorsement, to any new arrangements under the Brussels Agreement on any matter
affecting Gibraltar.
Once again, the Chief Minister appeared before both the Committee of 24
and the Fourth committee of the United Nations during 1998. On these occasions the Chief
Minister stressed Gibraltars right to self determination stating that the
constitutional relationship involving Gibraltar and the administering power, the UK,
should not be an obstacle to better relationships between Gibraltar and Spain.
Running on a par with the Governments continued attempts to
obtain a voice for Gibraltar in Anglo-Spanish discussions over the Rock is a process set
in motion by the Chief Minister, Peter Caruana, for Gibraltar to modernise its
constitutional relationship with the UK.
The new administration has also been instrumental in rebutting Spanish
attempts to preclude Gibraltar from accruing any benefits from its membership with
Britain of the European Union. The Chief Minister has led two official Gibraltar
Government delegations to Brussels for this purpose and a Gibraltar Office now functions
in the European capital.
On 18 February 1999, the European Court of Human Rights ruled that in
denying citizens of Gibraltar the right to vote in European elections, the United Kingdom
was in violation of its European Union obligations. Arrangements are now proceeding to
correct the anomaly through which European citizens in Gibraltar were disenfranchised.
The Chief Minister informed the Fourth Committee of a publicly stated
desire by the Spanish Foreign Secretary, Mr Abel Matutes to meet the Chief Minister of
Gibraltar which had been reciprocated by Mr Peter Caruana in also showing a willingness to
meet. Unfortunately the meeting has not yet taken place. |
On June 22nd 1999, the
Foreign Affairs Committee of the House of Commons published a report on Gibraltar. This
followed the taking of extensive evidence on the subject which included question and
answer sessions at ministerial level with both the Rt. Hon Joyce Quinn, Minister of State
at the Foreign and Commonwealth Office and with the Hon Peter Caruana QC, Chief Minister
of Gibraltar. The reports summary of conclusions
and recommendations were generally well received in Gibraltar.
Gibraltar went to the polls on
February 10 2000. The Gibraltar Social Democrats who continued to be led by Peter Caruana
were re-elected into office with an increased majority obtaining over 58 per cent of the
vote. An alliance led by Joe Bossano between the Gibraltar Socialist Labour Party and the
Gibraltar Liberals obtained 40 per cent of the vote and formed the Opposition.
Soon after the elections, in which
the Gibraltar Social Democrats led by Peter Caruana QC were returned to office for a
second term, an agreement acceptable to the Gibraltar Government was reached between the
British and Spanish governments which enabled the unblocking of a number of European Union
issues. Specifically these related to Gibraltar's inclusion in the UK's participation in
the Schengen Agreement, the recognition of Gibraltar issued identity cards, police
co-operation under the Schengen Agreement and problems which were being faced by Gibraltar
in the administration of EU matters.
During the course of the year, the
Chief Minister addressed the UK Committee of 24 (21 June) and the 4th Committee (27
September).
Mr Caruana reiterated Gibraltar's
right to self determination and its readiness to see the United Nations test whether this
right is denied to the Gibraltarians by virtue of the Treaty of Utrecht as claimed by
Spain. Since the Gibraltar Government is advised that it does not itself have legal
standing to do so, the Chief Minister invited the Committee of 24 to refer this point to
the International Court of Justice.
The Chief Minister told the
Committee of 24 that whilst Gibraltar is open to dialogue with Spain this is not seen as
an alternative to proceeding with the natural aspiration as a people to be decolonised.
"Gibraltar's political
evolution cannot stand like a rabbit caught in the headlights of Spain's territorial
claim. We do not accept, as Spain asserts, that the options open to us, are to remain a
colony of the UK or to become part of Spain."
The Chief Minister went on to inform
the Committee of 24 that parliament in Gibraltar had recently established a select
committee on constitutional reform with a view to achieving a consensus on constitutional
proposals to submit to the UK such as would put an end to the colonial status of Gibraltar
in manner acceptable to the people of Gibraltar in an act of self-determination.
When he appeared before the Fourth
Committee in September, the Chief Minister followed up by proposing a four-point plan for
the UK to pursue on Gibraltar, as follows:-
1. The despatch of a
visiting delegation to Gibraltar.
2. The proclamation,
for the avoidance of doubt, of the Special Committee's belief in the existence of the
inalienable right to self-determination of the people of Gibraltar.
3. If the Committee
has any doubt whatsoever in that respect it should recommend to this Committee the
referral of the legal points of conflict relating to our rights of self-determination to
the International Court of Justice for a declaratory ruling, and
4. The annual call
for dialogue by the UN should be with a proper and distinct voice and representation for
the people of Gibraltar.
In terms of newsworthy events the
year was dominated by the arrival in Gibraltar in May of a defective Royal Navy nuclear
submarine, HMS Tireless, which has remained on the Rock whilst it is being repaired. The
submarine's presence in Gibraltar has been a cause for concern expressed by
environmentalists both in Gibraltar and across the border in Spain. Throughout the
Government of Gibraltar has impressed upon the Ministry of Defence that the exercise
should not pose any threat to public safety, public health or to the environment. For the
purpose of monitoring this the Gibraltar Government appointed a panel of independent
nuclear experts who have closely followed the Ministry of Defence's repair plan and
advised the Government on a step by step basis.
The Government followed the advice
of the panel who gave the go-ahead for the repairs to be effected in Gibraltar. These went
ahead and HMS Tireless finally left the Rock on Monday 7 May, a year or so after she had
first arrived. Her reactor was safely and successful switched on once she was in open
seas.
Once again Gibraltar's Chief
Minister Peter Caruana addressed the UN Committee of 24 (16th June) and the Fourth
Committee (October 11). In addition, along with the Gibraltar Government's Chief Secretary
Mr Ernest Montado OBE, the Chief Minister attended the UN's Caribbean Regional Seminar in
Cuba in May.
The Chief Minister stressed that
despite his repeated addresses, year after year, the Special Committee continued to
promote bilateral talks, as if Gibraltar's decolonisation could be negotiated between
Britain and Spain, without Gibraltar participation, in any manner that would be even
remotely consistent with the Charter of the UN or the Declaration of Decolonisation.
Surely - the Chief Minister insisted - the Special Committee exists to help the people of
Gibraltar and not to balance the positions of Spain and the UK - or even to adjudicate
between them.
He told the Committee of 24 that the
Cuba seminar had not been good for Gibraltar since everything he had said had been ignored
and everything which had been said by the representative of Spain and Argentina had been
diligently included in the "Conclusions and Recommendations" Mr Caruana added
that he was therefore obliged to condemn these Conclusions and Recommendations and to
disassociate Gibraltar from them. The Chief Minister was again critical of the Special
Committee for allowing interested member states such as Spain and Argentina a still
further opportunity to wield their obviously greater power and influence within the UN and
to frustrate the very objectives of the Special Committee and the principles which bind
it.
Over 12000 Gibraltarians (65% of the
entire population) took part in a public demonstration in Gibraltar to protest at the UK's
decision to agree to exclude Gibraltar from the EC Single Skies measures, as demanded by
Spain, and to signify their support for a political declaration of unity signed by all
present and past members of Gibraltar's Parliament of all parties and domestic political
views. In essence the declaration stated that the people of Gibraltar will never
compromise, give up or trade their sovereignty or their right to self-determination; that
Gibraltar wants good, neighbourly, European relations with Spain; and that Gibraltar
belongs to the people of Gibraltar and is neither Spain's to claim or Britain's to give
away.
In July 2001 the UK and Spain jointly announced that they were giving "a fresh
impetus" to discussions between them under the Brussels Agreement to resolve all the
differences between them.
In connection with this Chief
Minister told the Fourth Committee that whilst the people of Gibraltar did not wish to
turn their backs on dialogue this should not be bilateral in which Gibraltar's presence is
relegated to some secondary or supporting role because that is inherently inconsistent
with Gibraltar's right to self-determination.
Peter Caruana made it clear that
Gibraltar should be present at dialogue with its own separate voice and that such dialogue
should be safe for Gibraltar i.e. nothing should be agreed between the other two
participants over Gibraltar's head.
2002 could well be described as a
momentous year for Gibraltar which culminated with a referendum called by the Government
of Gibraltar on November 7 which resulted in 99 per cent of Gibraltarians rejecting the
concept of Anglo-Spanish joint sovereignty over the Rock as set out by the British Foreign
Secretary Jack Straw as a British Government aim of policy at the House of Commons on July
12.
The Government and people of
Gibraltar concentrated their political efforts during the year on opposing what became
known as 'the done deal' through which Britain and Spain would come to an 'in-principle'
agreement - not to be implemented until the people of Gibraltar would approve by
referendum - to share the sovereignty of the Rock.
It became clear that the idea had
been to agree in principle and delay implementation well into the future. It was within
this context that the Gibraltar Government chose to hold its own referendum making clear
the overwhelming opposition to the idea.
From the outset the Government of
Gibraltar made the point that the proposed Anglo-Spanish declaration of principles, even
if not implemented, would amount to a betrayal of the political rights of the people of
Gibraltar including the right to decide the future of themselves and of their homeland.
During the course of the year the Chief Minister Peter Caruana conducted hundreds of
interviews in the leading international media denouncing the proposed deal. This also
became the main theme in his two appearances at the United Nations at the Committee of 24
and the Fourth Committee in June and October respectively.
Mr Caruana had first expressed his
opposition to the proposed arrangements when he appeared before the House of Commons
Select Committee on Foreign Affairs in November 2001 as did the Minister of State for
Europe, Peter Hain. The Committee has since publicly upheld the Chief Minister's position
and to date the 'in principle' agreement has not been reached, the Spanish Foreign
Minister Josep Pique (since replaced by Ana de Palacios) having alluded to three red lines
which prevent agreement; the fact that Spain will not agree to a deal for joint
sovereignty being the conclusive outcome (Spain would still want full sovereignty);
Britain's insistence that the military base in Gibraltar would remain exclusively in
British hands; and Spain's non-recognition of any referendum by the people of Gibraltar to
approve the deal.
Independently to the 'red-lines'
issue, the Gibraltar Government led campaign established massive opposition to the deal in
both Gibraltar and the United Kingdom. Prior to the resounding referendum result the
Gibraltar Government had called for a demonstration on March 18 in which virtually the
whole of Gibraltar attended signalling their opposition to the proposed Anglo-Spanish
'done-deal'. The Chief Minister undertook dozens of speaking engagements in Britain and in
Spain and the Gibraltar Government conducted an extensive media advertising campaign in
the UK involving the placing of full-page adverts in all the national newspapers and the
painting of 50 London taxis in Gibraltar colours. The campaign also included numerous
international press conferences and the sending of a political briefing note to every
Labour MP as well as Mr Caruana's high profile attendance at political party conferences
in the United Kingdom.
The campaign succeeded in mobilising
British public opinion in favour of Gibraltar. A staggering 650,000 people responded in
writing to the press adverts with messages of support; various UK opinion polls placed
support for Gibraltar between 80% and 90%; opinion polls among MPs showed 75% in support
of Gibraltar's right to decide its own future; the Conservative Opposition swung fully
behind Gibraltar's position and a petition in support of Gibraltar at the Labour Party
Conference obtained a massive 3000 signatures from delegates and visitors.
On November 8 - the day after the
referendum - the Gibraltar Government received the most favourable ever report from the
Foreign Affairs Committee of the House of Commons finding in Gibraltar's favour on all
aspects concerning the proposed deal.
During the
year 2003, Gibraltar finally staved off the attempt by the UK and Spain
to try and deal with the Rock’s future bilaterally. Chief Minister
Peter Caruana QC concluded that; “there now appears to be a realisation
and acceptance in London that, since this is our homeland, we have to be
primary players in all discussions, processes and decisions about
future.”
He added:
“If only the UK could persuade Spain to show similar respect for our
undeniable political and democratic rights as a people, then this would
auger well for helpful dialogue and greater friendship and normality in
our relations with Spain.”
Once again
Mr Caruana travelled to New York to address the UN’s Committee of 24 in
June and subsequently to speak before the Fourth Committee on
decolonisation in November.
During the
course of the former intervention mention was made of the momentous
events of the previous year, which culminated in a 99 per cent
rejection, by the people of Gibraltar of the Anglo-Spanish plan for
joint sovereignty. The Committee of 24 was told that like all other
non-self governing territories Gibraltar is intending to proceed with a
process of constitutional reform and modernisation which will take it to
the level of self government justifying its delisting from the UK list
of remaining colonies. In fact proposals to this effect put together by
a Select Committee of the House of Assembly in Gibraltar have now been
despatched to the UK for the British Government to examine. In his
speech before the Fourth Committee to visit Gibraltar and se the reality
for themselves with the Gibraltar Government offering to pay the costs
involved if need be. As in past years the Committee was urged to amend
the UN’s annual resolution for the talks on Gibraltar’s future so that
it reflects the primacy of Gibraltarians’ wishes and affords it a proper
status in discussions. During the course of the year 2003 arrangements
were finalised for Gibraltar’s first ever participation in elections to
the European Parliament which will be participating as part of a
combined electoral region (the South West of England) with part of the
United Kingdom. This represents quite an achievement for the people of
Gibraltar who have long struggled both politically and in the courts for
this to materialise.
General
elections were held in Gibraltar towards the end of the year with the
Gibraltar Social Democrats being returned to office for a third
four-year term. Peter Caruana was again re-elected Chief Minister after
topping the polls. The GSD obtained 51 per cent of the vote. The
Gibraltar Socialist Labour Party in alliance with the Liberal Party
obtained 40 per cent to take all Opposition seats. Joe Bossano
therefore continues as Leader of the Opposition.
The year
2003 ended, and the year 2004 started, festively as Gibraltarians
gathered at Casemates (the main City square) to see in the New Year with
2004 marking the tercentenary of British sovereignty. Gibraltar was
conquered by a joint Anglo-Dutch force on August 4, 1704 and special
events are being planned in both Gibraltar and Britain for the
anniversary. A visit by HRH Princess Anne to Gibraltar is expected to
be the highlight of the year.
In the year 2004, the Tercentenary was
celebrated with a series of successful and enjoyable events both in
Gibraltar and the United Kingdom. The highlights were street parties, a
ceremony to grant the Freedom of the City to the Royal Navy, a Rock
concert at Gibraltar’s sports stadium by Elton John and a British Royal
Family visit by Princess Anne. There were dozens of cultural and
sporting events carried out by schoolchildren and a major event was the
encircling of the Rock itself by its 20,000 plus inhabitants.
Among the celebratory events, which took
place in London, was a church service at St Clement Danes and the
celebration of Gibraltar Day at the Guildhall. In addition the
Government of Gibraltar invited nearly 500 World War II veterans from
Britain to visit Gibraltar during 2004.
During the course of the year the land transfer from the
Ministry of Defence (UK) to the Government of Gibraltar took a great
impulse with the transfer of 40% of MOD lands to Government without
affecting MOD jobs or operations.
This land will offer housing space and
opportunities for commercial development.
Three major projects features highly during
the course of the year 2005: - a new hospital (£55 million investment)
becomes operational as from February; a housing scheme for the
construction of 400 affordable homes; and a youth leisure centre.
There were important developments on the
political front too. Gibraltar’s Chief Minister Peter Caruana addressed
the UN’s Committee of 24 in June and the Fourth Committee again in
October once again impressing upon them Gibraltar’s aspirations for
self-determination.
Later in the year the UK and Spain introduced, an albeit
small modification to the text of the UN Consensus resolution to include
a reference to the aspirations of the Gibraltarians. Mr Caruana noted
that whilst this is still a very long way from a proper recognition and
respect of our inalienable political rights as a people, it is at least
a small first step in the right direction, after years of Gibraltarian
appeals to the United Nations.
For the first time ever too, Gibraltarians
took part in European Parliamentary elections.
A very major political development was the agreement in
December between the governments of the UK, Spain and Gibraltar to set
up a new, trilateral process of dialogue outside the Brussels Process.
This followed meetings between the Chief Minister Peter Caruana and the
directors for Europe of both the UK and Spanish Foreign Offices,
Dominick Chilcott and Jose Pons respectively.
Another important development was the start of formal
constitutional negotiations with the British Government to modernise
Gibraltar’s constitutional relationship so that it ceases to be colonial
in nature.
In his New Year message the Chief Minister
Peter Caruana announced a contribution of £100,000 to the victims of the
Tsunami disaster on behalf of the people of Gibraltar.
In his
subsequent appearance before the Committee of 24 at the United Nations
the Chief Minister, Peter Caruana described the setting up of the
trilateral process of dialogue as “a significant breakthrough” He
stressed that the forum which had been established was separate from the
Brussels Process.
The
trilateral forum had been established in the form of a Joint Statement
issued by the British Foreign and Commonwealth Office, the Spanish
Ministry of Foreign Affairs and the Government of Gibraltar. In this
new forum, dialogue is on an open agenda basis, each of the three
parties will have its own separate voice and participate on the same
basis; and any decisions or agreements reached within the forum must be
agreed by all three participants. The three sides have already met on
three occasions. Once in Malaga (Spain), another in Faro (Portugal)
where the Gibraltar delegation acted as hosts and the third in Mallorca
(Spain). First main subjects which have come under discussions have
been the possibility of expanded use of Gibraltar’s airfield the issue
concerning pensions of Spanish workers formally employed in Gibraltar
(they left the Rock when General Franco shut the Spanish Border in
1969); and a normalisation of telephonic communications between
Gibraltar and Spain.
Before the
UN Committee in June last year, Mr Caruana applauded the decision of the
Kingdom of Spain to facilitate the establishment of this new trilateral
process of dialogue, also Spain’s declared wish to normalise its
relations with Gibraltar and its people, even though what Gibraltarians
ultimately want is for Spain to recognise their right as a people to
self-determination, and a withdrawal of her claim to the sovereignty of
“our homeland against our wishes.”
He added:
”We take Spain at her word when she declares a wish to improve relations
with the people of Gibraltar, but the people of Gibraltar will judge Her
by Her actions, not by Her words.”
The Chief
Minister reported good progress formally acknowledging Spain’s removal
of restrictions on cruise ships sailing directly between Gibraltar and
Spanish ports, and also the removal of the ban on Gibraltar-bound
civilian air flights diverting, in the event of bad weather, to nearby
Spanish airports. Although the Chief Minister described these as
restrictions, ”which should never have been imposed in the first place”,
he said these were welcomed first steps. . He concluded that the
Government of Gibraltar would certainly continue to take part in the new
process of dialogue, which is not incompatible with Gibraltar’s right to
self-determination and which, he described, as safe. But, he added, that
Gibraltarians will never compromise on “our right to freely and
democratically decide our own political future in accordance with our
right to self-determination.”
At the
United Nations some progress from the Gibraltar perspective was recorded
with a new draft consensus adopted by the Fourth Committee in October
2005.
Chief
Minister Peter Caruana welcomed the change in the terms of the consensus
saying it represented a considerable step in the right direction adding
however that there is still further to go in achieving a realistic and
sensible wording. The Gibraltar Government will continue to press for
this in future addresses to the United Nations.
Another breakthrough to report was the commencement of talks exclusively
between the UK and a cross party representation from Gibraltar led by
the Chief Minister and including the leader of the Opposition Joe
Bossano aimed at modernising Gibraltar’s Constitution so that Gibraltar
would remain British but in a non-colonial relationship with Britain.
The outcome of these discussions are expected to be known during the
first few months of this year (2006).
During the current year Gibraltar’s economy has continued to perform
well with public finances keeping in good shape. The economy grew by 8%
in real terms having doubled in size over the past nine years. Since
1996 the growing economy has produced over 3000 extra jobs. Latest
statistics show there are now 16,000 jobs in Gibraltar’s economy mainly
concerned with shipping, tourism and financial services.
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