Disputed status of Gibraltar
Encyclopedia
Gibraltar is a British overseas territory, near the southernmost tip of the Iberian peninsula
, which is the subject of a disputed irredentist claim by Spain
.
Gibraltar
was captured in 1704, during the War of the Spanish Succession
(1701–1714). Spain formally ceded the territory in perpetuity to the British Crown in 1713, under Article X of the Treaty of Utrecht
. This was confirmed in later treaties signed in Paris and Seville. Spain later attempted to recapture the territory militarily by a number of failed sieges
, and reclamation of the territory by peaceful means remains its government's policy.
The Gibraltarians
themselves reject any such claim and no political party or pressure group in Gibraltar supports union with Spain. In a referendum in 2002 the people of Gibraltar soundly rejected a joint sovereignty
proposal on which Spain and Britain were said to have reached "broad agreement". The British government has committed itself to respecting the Gibraltarians' wishes.
Despite this, an overwhelming majority of the population holds the view that better relations with Spain are desirable. 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.
The territorial claim was formally reasserted by the Spanish dictator Francisco Franco
in the 1960s and has been continued by successive Spanish government
s. 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 principle appears to have been reflected in the United Nations
resolutions on the decolonisation of Gibraltar in the 1960s, which focused on the "interests" and not the "wishes" of the Gibraltarians. Speaking to the UN C24
in 2006, the Chief Minister of Gibraltar
, Peter Caruana
, stated: "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." Gibraltarians argue that one cannot claim to be acting in the "interests" of a population, while at the same time ignoring its wishes and democratic rights.
In 2002 an agreement in principle on joint sovereignty over Gibraltar between the governments of United Kingdom and Spain was announced. There was a robust campaign against these proposals by the Gibraltarian government and individuals, culminating in their decisive rejection in a referendum. The British Government now refuses to discuss sovereignty without the consent of the Gibraltarians.
With the election of a moderate left-wing government in Spain
(2004), a new Spanish position has been adopted. The result of this new approach was the creation of a Tripartite Forum with equal participation by the Government of Gibraltar. The Spanish government says it is a new way to resolve a 300-year-old problem. On the other hand, such movement was regarded by Spanish right-wing parties
as a surrender.
This resulted in a visit by the Spanish foreign minister, in July 2009, Miguel Ángel Moratinos
to Gibraltar to discuss a range of mutual issues. This was the first official Spanish visit since Gibraltar was ceded. During the press conference, he said that the claim to sovereignty could not be given up by Spain.
captured 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 to Great Britain:
Should the British Crown
ever wish to relinquish Gibraltar, a reversion clause holds that the territory would first be offered to Spain:
However, the Treaty stipulates "that the above-named propriety be yielded to Great Britain without any territorial jurisdiction" and 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. The British Government and the Government of Gibraltar today argue that the membership of both Gibraltar and Spain in the European Union
(EU) - Gibraltar was included as a Special Member State territory when the United Kingdom
joined the EU in 1973; Spain joined the EU in 1986 - supersedes such restrictions as the EU is committed to free movement of goods and services.
. On the other hand, Gibraltar remains on the United Nations list of Non-Self-Governing Territories
. Spain opposes any attempt to remove it from this list and Spanish commentators still commonly describe Gibraltar as a colony
.
and the Great Siege
, between 1779 and 1783). The Spanish decline and the British world preeminence during the 19th made any recovery attempt unthinkable. The claim was reactivated during the 1950s and especially during the 1960s by the Spanish dictator Francisco Franco
, as a means of cohesion of public opinion and obtaining support for the dictatorship. However, the quest for Gibraltar is largely a cross-ideology issue having being supported by politicians and public figures of any political sign for more than three centuries. In that sense, the president of the Spanish Republic in exile, Claudio Sánchez Albornoz graphically said:
Reclaiming the territory by peaceful means remains the policy of successive Spanish governments.
The traditional Spanish position is based on territorial integrity
, which according to UN Resolution 1514 (XV) (1960) complements and constrains the right to self-determination
:
During the 1960s, the UN General Assembly passed two resolutions on the issue (2231 (XXI), "Question of Gibraltar" and 2353 (XXII), "Question of Gibraltar"). The resolutions on the decolonisation of Gibraltar focused on the "interests" and not the "wishes" of the Gibraltarians. The latter resolution states that:
From such a point of view, Gibraltarians are seen as mere settlers from the United Kingdom and other countries and only their interests, not their wishes (as the right to self-determination would involve), need be safeguarded. This point of view is supported by the fact that after the Capture of Gibraltar
by Anglo-Dutch troops, only 70 out of the original 5,000 Spanish inhabitants remained in Gibraltar. Therefore, Spain has insisted that the Gibraltar dispute is a purely bilateral matter with the United Kingdom and has ignored the role and will of Gibraltarians.
The first formal proposal on how to achieve the return of Gibraltar to Spain was made on 18 May 1966 by the Spanish Minister of Foreign Affairs, Fernando Castiella
. The proposal comprised three clauses:
The proposal was rejected by the British Government and by the Gibraltarians, which overwhelmingly voted to remain under British sovereignty in a referendum held in 1967 (12,138 to 44).
No further progress in Spanish claims were achieved for the following 40 years. With the failure of this point of view to achieve progress, the position seems to have been softened and aimed to some sort of temporary or permanent joint sovereignty, which has been proposed by Spain and discussed with the Government of the United Kingdom. A first proposal was tabled by the Spanish Minister for Foreign Affairs, Fernando Morán, in 1985. The details of the proposal were not made public, but information released showed an offer on a treaty with the United Kingdom in order to "re-integrate" Gibraltar with Spain, while preserving Gibraltarians' way of life. They would keep its British nationality as well as political and labour rights, self-government and institutions. A condominium
or leaseback arrangement should be agreed on over a 15- or 20-year period. The proposal was not formally rejected by Douglas Hurd
, the then British Foreign Secretary, until 1993.
A second proposal was put in 1997 by the Spanish Minister for Foreign Affairs, Abel Matutes
, foreseeing a 100-year joint sovereignty period before the definite transfer to Spain. A similar schema was agreed on between the Spanish and British governments in the Spring of 2002, which was eventually shelved after further sustained and united opposition by the Gibraltarians.
Foreign Affairs Committee in 2008, Jim Murphy
MP, Minister of State for Europe
stated:
On the other hand, the British Government has ruled out both the independence of Gibraltar and its integration
into the United Kingdom. With regard to the independence, it refers to the Treaty of Utrecht
as, according to the British view, it would require Spanish consent.
The option of Integration was rejected on 26 June 1976, when the British Government issued the Hattersley Memorandum
rejecting the integration in order to:
of all peoples, guaranteed and enshrined by the UN, according to the UN Charter. Its article 1 states that:
To the same section 2 of Resolution 1514 (XV) states:
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. From this point of view, any additional right that Spain could claim by virtue of the "reversionary" clause contained in the Treaty of Utrecht is overruled and annulled under article 103 of the UN Charter:
Finally, it is argued that there is in fact no principle in International Law or UN doctrine that can displace the inalienable right to self-determination. In this regard, in 2008, the UN 4th Committee rejected the claim that a dispute over sovereignty affected self-determination, affirming it to be a basic human right.
The Gibraltar Government has also argued that Gibraltar is a British territory and therefore by definition not an integral part of any other state, implying that Spain's territorial integrity cannot be affected by anything that occurs in Gibraltar:
In a referendum held in Gibraltar in September 2002, Gibraltan voters rejected even partial Spanish sovereignty.
Speaking to the UK Parliament Foreign Affairs committee in March 2008 Peter Caruana
the Chief Minister of Gibraltar noted:
Gibraltarians seem to remain mistrustful of Spain despite improved relations.
The growth of Gibraltar onto the isthmus began with the construction of two forts in the northernmost part of the ceded territory. In 1815, Gibraltar suffered a yellow fever
epidemic. This led to a Spanish concession so a temporary health camp could be built on the isthmus. After the plague was over, Gibraltar did not remove the camp. In 1854, a new epidemic prompted more health camps, gaining Gibraltar another 800 meters. The occupation of the isthmus culminated in 1938 with the construction of the airport during the Spanish civil war
.
The Treaty of Utrecht
does not acknowledge British sovereignty over Gibraltar beyond the fortified perimeter of the town as it was in 1704. The United Kingdom claims that its title to the southern part of the isthmus is based on continuous possession over a long period (Prescription (sovereignty transfer)).
.
By the first half of the 18th century the concept of the 3 nautical miles (5.6 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 (22.2 km). British claimed territorial waters currently extend up to 3 nautical miles. Spain
included a declaration, the content of which was rejected by the UK. The Chief Minister of Gibraltar
, Peter Caruana
noted:
The Spanish statement upon ratification of the Convention was:
The British statement upon ratification of the Convention was:
Article 310 of the 1982 Convention specifies that "such statements and declarations cannot exclude or modify the legal effect of the provisions of the Convention" in their application.
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:
The Government of Gibraltar for its part holds that there is no economic or social need for more than three nautical miles of territorial water.
At the end of 2008, the European Commission included most of the territorial waters that surround Gibraltar under a marine conservation area known as the "Estrecho Oriental" that will be maintained by Spain. Spain's actions were seen by most in Gibraltar as the EU being duped by Spain into recognizing Spanish sovereignty over Gibraltar's waters. The UK has initiated legal proceedings with the support of Gibraltar, which were initially rejected by the General Court on procedural grounds but are now subject to appeal...
There have been disputes concerning Spanish patrol boats inside these claimed territorial waters. In May 2009 there were a number of Spanish incursions into British claimed waters around Gibraltar, leading to intervention by the Police and a diplomatic protest by the UK.
had renewed claims to The Rock. Based on British National Archives files from 1953, Franco claimed that Spain had been promised The Rock in return for not attacking the territory during the Second World War
. British Prime Minister
Sir Winston Churchill
denied that he promised to give Gibraltar to Spain.
The Foreign and Commonwealth Office
conducted a full review of their files to see whether Franco's claim had any foundation. A confidential memo called the Spanish communiqué "a flimsy and unconvincing document", and the Government put an end to the dispute by refusing to comment on the claims.
, Gibraltar has not signed a mutual agreement with Spain to exchange fiscal information. Another concern is that each day thousands of Spaniards buy goods at cheaper prices in Gibraltar due to exchange rates and lack of VAT
, contributing to the Gibraltar economy instead of that of Spain.
The Spanish government wants to increase the exchange of fiscal information in order to prevent Gibraltar banks being used for tax evasion
and money laundering
. The United Kingdom House of Commons Foreign Affairs Select Committee has directed an inquiry that determined that Gibraltar has always complied with all international and EU requirements to prevent such activity.
Referred to as an International Finance Centre, Gibraltar was among 35 jurisdictions identified by the Organisation for Economic Co-operation and Development
(OECD) as a tax haven
in June 2000. As a result of having made a commitment in accordance with the OECD's 2001 Progress Report on the OECD's Project on Harmful Tax Practices, Gibraltar was not included in the OECD's list of uncooperative tax havens. However, in its April 2009 progress report, the OCDE listed Gibraltar in the list of jurisdictions which, although committed, had not "substantially implemented" yet the internationally agreed tax standard. Following Gibraltar's signing of 12 additional Tax Information Exchange Agreements
(TIEAs), as of October 2009, with jurisdictions including the UK, USA and Germany, Gibraltar was listed in the OECD "white list", and is now considered a jurisdiction that has substantially implemented the tax standard. It therefore shares the same status as OECD member states such as the UK, the USA, Spain or Germany.
Along with the Isle of Man
and Cyprus
, Gibraltar has been used as an international finance centre
by the Russia
n conglomerate
Yukos
/Menatep
.
Some Spaniards have also mentioned that Gibraltarian motorboat
s could be engaging in tobacco smuggling. However, since 1996 there has been a law in Gibraltar
controlling fast launches licensing their ownership and importation and prohibiting the entry of unlicensed craft into Gibraltar waters.
has historically been the most important use of Gibraltar, allowing Britain to defend its trade lanes to the East. The British admiral Lord Fisher stated that Gibraltar
was one of the five keys that locked the world, together with Dover
, Alexandria
, Cape of Good Hope
and Singapore
, all of which were once controlled by Britain. It has been useful for the UK to maintain its position as world power
.
Its military relevance has reduced with the end of the Cold War
, but it is still an important position as more than one quarter of the global maritime traffic transits through the strait every year. Controlling the strait is of vital importance to NATO. The task of controlling the strait has been traditionally assigned by NATO to the UK, but the recent advances that Spain has made in its armed forces and the bases Spain has in the zone have made NATO reconsider this. However, the tense relations that Spain had with the American administration under George W. Bush
and the special friendship of the US with the UK have caused NATO to take a more favourable position towards the UK and Morocco for control of the strait.
For Spain, the military aspect of Gibraltar is not very important apart from denying advantages to the UK, as it has other more spacious bases in Algeciras
, Tarifa
, Cadiz
or Rota
to control the strait. Its importance to Spain derives mostly from claims of national integrity
and the economic influence Gibraltar holds as a tax haven.
In a second referendum on sovereignty held in November 2002 by the Government of Gibraltar, 187 voted yes (1%) and 17,900 voted no (99%) on the proposal of sharing sovereignty with Spain. The question put was:
Spanish reaction varied from questioning the validity of the process, to observing that no Spanish government has done enough to make joint sovereignty or integration with Spain an attractive prospect.
It is reported that Spanish "secret funds" were used to create a favourable opinion in Gibraltar to the Spanish sovereignty claim. How the money was spent remains uncertain.
, 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.
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 (no other nuclear submarine has been repaired in Gibraltar since). On the other hand, the Government of Gibraltar accused Spain of using this incident as an excuse to justify its 300 year old sovereignty claim to Gibraltar. Despite many protests, the Government of Gibraltar 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 totally stop. There have been no further protests against nuclear submarines in Gibraltar. Commenting, the Government of Gibraltar said:
2002 - In the months that predated the referendum called by the Gibraltar government on the joint sovereignty agreement disagreements could be categorised as:
2004 - A visit by 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.
A new round of talks on a tri-lateral basis were proposed in October 2004 to discuss regional co-operation. In February 2005 the first talks took place at a meeting held in Málaga and subsequently in Portugal
and London
.
This is the first sign of formal recognition of the Government of Gibraltar, and has been generally welcomed. The main issues of the talks have been 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
.
2006 - Those issues were successfully resolved in September 2006 in the Córdoba Agreement. The process continues.
2007 - A bulk carrier, the MV New Flame
, ran aground south of Europa Point
in Gibraltar and broke up on the reef
in August 2007, generating accusations of pollution in Spain and claims not only against the Government of Gibraltar but also against that of Spain. Its cargo was scrap metal and the vessel's fuel was promptly drained. The Government of Gibraltar claimed in December 2007 that the operation did not represent a material risk to the environment since the vessel had been defuelled and only small, remnant amounts of fuel remained in the engines themselves. The Spanish branch of Greenpeace
claimed that, as late as February 2008, fuel spills from the New Flame had polluted Spanish beaches around the Bay of Gibraltar
. Official Spanish sources played this down stating that the fuel reaching the beaches of Algeciras was in "insignificant amounts".
2009 - The dispute over British claimed territorial waters gained prominence with deliberate incursions by Spain, triggering angry headlines in the UK tabloid press. In December 2009, four armed Civil Guard
officers were detained after three landed in Gibraltar in pursuit of two suspected smugglers, who were themselves arrested. The Spanish Interior Minister Alfredo Pérez Rubalcaba
personally telephoned Chief Minister Peter Caruana
to apologise, stating that that there were "no political intentions" behind the incident. The Chief Minister was prepared to accept it had not been a political act. The Spanish officers were released by the Police the following day, who said that "Enquiries established that the Guardia Civil mistakenly entered Gibraltar Territorial Waters in hot pursuit
and have since apologised for their actions"
This was to include re-instatement of a ferry service between Gibraltar and Algeciras
. This was finally reinstated after 40 years, on December 16, 2009, operated by the Spanish company, Transcoma.
At the end of 2006, the restrictions on the airport were removed as a result of the Córdoba Agreement (2006) and direct flights from Madrid by Iberia
started operation.
However, On 22 September 2008, Iberia announced that it would cease its flights to Madrid by 28 September due to "economic reasons", namely, lack of demand. This left Gibraltar without any air links with Spain, until May 2009 when Air Andalus opened a service. Air communications with Spain ceased again in August 2010, when Air Andalus lost its licence.
Spanish demonstrated opposition to Gibraltar's membership
of Union of European Football Associations.
.
A new constitution order
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. The new constitution came into effect in January 2007. Gibraltar is classified as a British overseas territory.
In a letter to the UN the British representative, Emyr Jones Parry
, writes:
Chief Minister Peter Caruana
addressed the UN Special Committee on Decolonization regarding the new constitution in 2008. He put forth Gibraltar Government's view that:
Parallel with this, the Government of Gibraltar has engaged in talks with Spain to resolve other disputes, setting aside the issue of sovereignty.
Iberian Peninsula
The Iberian Peninsula , sometimes called Iberia, is located in the extreme southwest of Europe and includes the modern-day sovereign states of Spain, Portugal and Andorra, as well as the British Overseas Territory of Gibraltar...
, which is the subject of a disputed irredentist claim by Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
.
Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
was captured in 1704, during the War of the Spanish Succession
War of the Spanish Succession
The War of the Spanish Succession was fought among several European powers, including a divided Spain, over the possible unification of the Kingdoms of Spain and France under one Bourbon monarch. As France and Spain were among the most powerful states of Europe, such a unification would have...
(1701–1714). Spain formally ceded the territory in perpetuity to the British Crown in 1713, under Article X of the Treaty of Utrecht
Treaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
. This was confirmed in later treaties signed in Paris and Seville. Spain later attempted to recapture the territory militarily by a number of failed sieges
Great Siege of Gibraltar
The Great Siege of Gibraltar was an unsuccessful attempt by Spain and France to capture Gibraltar from the British during the American War of Independence. This was the largest action fought during the war in terms of numbers, particularly the Grand Assault of 18 September 1782...
, and reclamation of the territory by peaceful means remains its government's policy.
The Gibraltarians
Gibraltarian people
The Gibraltarians are a cultural group native to Gibraltar, a British overseas territory located near the southernmost tip of the Iberian Peninsula at the entrance to the Mediterranean sea.- Origins :...
themselves reject any such claim and no political party or pressure group in Gibraltar supports union with Spain. In a referendum in 2002 the people of Gibraltar soundly rejected a joint sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
proposal on which Spain and Britain were said to have reached "broad agreement". The British government has committed itself to respecting the Gibraltarians' wishes.
Despite this, an overwhelming majority of the population holds the view that better relations with Spain are desirable. 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.
The territorial claim was formally reasserted by the Spanish dictator Francisco Franco
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
in the 1960s and has been continued by successive Spanish government
Spanish Government
Spain is a constitutional monarchy whose government is defined by the Constitution of Spain. This was approved by a general referendum of the people of Spain in 1978...
s. 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 principle appears to have been reflected in the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
resolutions on the decolonisation of Gibraltar in the 1960s, which focused on the "interests" and not the "wishes" of the Gibraltarians. Speaking to the UN C24
Special Committee on Decolonization
The Special Committee on Decolonization was created in 1961 by the General Assembly of the United Nations with the purpose of monitoring implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples...
in 2006, the Chief Minister of Gibraltar
Chief Minister of Gibraltar
The Chief Minister of Gibraltar is the leader of the largest party elected to the Gibraltar Parliament, and is formally appointed by the Governor of Gibraltar, representative of the British Crown.-List of Chief Ministers:...
, Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
, stated: "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." Gibraltarians argue that one cannot claim to be acting in the "interests" of a population, while at the same time ignoring its wishes and democratic rights.
In 2002 an agreement in principle on joint sovereignty over Gibraltar between the governments of United Kingdom and Spain was announced. There was a robust campaign against these proposals by the Gibraltarian government and individuals, culminating in their decisive rejection in a referendum. The British Government now refuses to discuss sovereignty without the consent of the Gibraltarians.
With the election of a moderate left-wing government in Spain
Spanish Socialist Workers' Party
The Spanish Socialist Workers' Party is a social-democratic political party in Spain. Its political position is Centre-left. The PSOE is the former ruling party of Spain, until beaten in the elections of November 2011 and the second oldest, exceeded only by the Partido Carlista, founded in...
(2004), a new Spanish position has been adopted. The result of this new approach was the creation of a Tripartite Forum with equal participation by the Government of Gibraltar. The Spanish government says it is a new way to resolve a 300-year-old problem. On the other hand, such movement was regarded by Spanish right-wing parties
People's Party (Spain)
The People's Party is a conservative political party in Spain.The People's Party was a re-foundation in 1989 of the People's Alliance , a party led and founded by Manuel Fraga Iribarne, a former Minister of Tourism during Francisco Franco's dictatorship...
as a surrender.
This resulted in a visit by the Spanish foreign minister, in July 2009, Miguel Ángel Moratinos
Miguel Ángel Moratinos
Miguel Ángel Moratinos Cuyaubé is a Spanish diplomat and politician, a member of the Socialist Workers' Party and member of Congress where he represents Córdoba....
to Gibraltar to discuss a range of mutual issues. This was the first official Spanish visit since Gibraltar was ceded. During the press conference, he said that the claim to sovereignty could not be given up by Spain.
The capture of Gibraltar and the Treaty of Utrecht
An Anglo-Dutch force led by Admiral Sir George RookeGeorge Rooke
Admiral of the Fleet Sir George Rooke was an English naval commander. He is known for his service in the wars against France and particularly remembered today for his victory at Vigo Bay and for capturing Gibraltar for the British in 1704.-Early life:Rooke was born at St Lawrence, near Canterbury...
captured Gibraltar in 1704 on behalf of the Archduke Charles
Charles VI, Holy Roman Emperor
Charles VI was the penultimate Habsburg sovereign of the Habsburg Empire. He succeeded his elder brother, Joseph I, as Holy Roman Emperor, King of Bohemia , Hungary and Croatia , Archduke of Austria, etc., in 1711...
, pretender to the Spanish Throne. The territory was eventually ceded to Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
by Spain in the 1713 Treaty of Utrecht as part of the settlement of the War of the Spanish Succession
War of the Spanish Succession
The War of the Spanish Succession was fought among several European powers, including a divided Spain, over the possible unification of the Kingdoms of Spain and France under one Bourbon monarch. As France and Spain were among the most powerful states of Europe, such a unification would have...
. In that treaty, Spain ceded to Great Britain:
Should the British Crown
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
ever wish to relinquish Gibraltar, a reversion clause holds that the territory would first be offered to Spain:
However, the Treaty stipulates "that the above-named propriety be yielded to Great Britain without any territorial jurisdiction" and 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. The British Government and the Government of Gibraltar today argue that the membership of both Gibraltar and Spain in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU) - Gibraltar was included as a Special Member State territory when the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
joined the EU in 1973; Spain joined the EU in 1986 - supersedes such restrictions as the EU is committed to free movement of goods and services.
Differing positions
Both the British and Gibraltarian governments assert that Gibraltar has been effectively decolonisedDecolonization
Decolonization refers to the undoing of colonialism, the unequal relation of polities whereby one people or nation establishes and maintains dependent Territory over another...
. On the other hand, Gibraltar remains on the United Nations list of Non-Self-Governing Territories
United Nations list of Non-Self-Governing Territories
The United Nations list of Non-Self-Governing Territories is a list of countries that, according to the United Nations, are non-decolonized. The list was initially prepared in 1946 pursuant to Chapter XI of the United Nations Charter, and has been updated by the General Assembly on recommendation...
. Spain opposes any attempt to remove it from this list and Spanish commentators still commonly describe Gibraltar as a colony
Colony
In politics and history, a colony is a territory under the immediate political control of a state. For colonies in antiquity, city-states would often found their own colonies. Some colonies were historically countries, while others were territories without definite statehood from their inception....
.
Spanish position
Since the capture of Gibraltar in 1704, Spain has tried to recover it by military and diplomatic means. The 18th century saw three unsuccessful sieges (1704, 1727Siege of Gibraltar (1727)
The Siege of Gibraltar of 1727 saw Spanish forces besiege the British garrison of Gibraltar as part of the Anglo-Spanish War. Depending on the sources, Spanish troops were between 12,000 and 25,000. British defenders were 1,500 at the beginning of the siege, increasing up to about 5,000...
and the Great Siege
Great Siege of Gibraltar
The Great Siege of Gibraltar was an unsuccessful attempt by Spain and France to capture Gibraltar from the British during the American War of Independence. This was the largest action fought during the war in terms of numbers, particularly the Grand Assault of 18 September 1782...
, between 1779 and 1783). The Spanish decline and the British world preeminence during the 19th made any recovery attempt unthinkable. The claim was reactivated during the 1950s and especially during the 1960s by the Spanish dictator Francisco Franco
Francisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
, as a means of cohesion of public opinion and obtaining support for the dictatorship. However, the quest for Gibraltar is largely a cross-ideology issue having being supported by politicians and public figures of any political sign for more than three centuries. In that sense, the president of the Spanish Republic in exile, Claudio Sánchez Albornoz graphically said:
Reclaiming the territory by peaceful means remains the policy of successive Spanish governments.
The traditional Spanish position is based on territorial integrity
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
, which according to UN Resolution 1514 (XV) (1960) complements and constrains the right to self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
:
During the 1960s, the UN General Assembly passed two resolutions on the issue (2231 (XXI), "Question of Gibraltar" and 2353 (XXII), "Question of Gibraltar"). The resolutions on the decolonisation of Gibraltar focused on the "interests" and not the "wishes" of the Gibraltarians. The latter resolution states that:
From such a point of view, Gibraltarians are seen as mere settlers from the United Kingdom and other countries and only their interests, not their wishes (as the right to self-determination would involve), need be safeguarded. This point of view is supported by the fact that after the Capture of Gibraltar
Capture of Gibraltar
The Capture of Gibraltar by the Anglo-Dutch forces of the Grand Alliance occurred between 1–3 August 1704 during the War of the Spanish Succession. Since the beginning of the war the Allies had been looking for a harbour in the Iberian Peninsula to control the Strait of Gibraltar and facilitate...
by Anglo-Dutch troops, only 70 out of the original 5,000 Spanish inhabitants remained in Gibraltar. Therefore, Spain has insisted that the Gibraltar dispute is a purely bilateral matter with the United Kingdom and has ignored the role and will of Gibraltarians.
The first formal proposal on how to achieve the return of Gibraltar to Spain was made on 18 May 1966 by the Spanish Minister of Foreign Affairs, Fernando Castiella
Fernando Castiella
Fernando María Castiella y Maíz was a Spanish diplomat, Professor of Private International Law, politician, and the minister of Foreign Affairs of Spain during Spain under Franco's regime....
. The proposal comprised three clauses:
- "The cancellation of the Treaty of UtrechtTreaty of UtrechtThe Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
and the subsequent return of Gibraltar to Spain. - "The stay of the British base in Gibraltar, its use being subject to a specific Anglo-Spanish agreement.
- "A "Personal Statute" for Gibraltarians, under United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
guarantee, protecting their cultural, social and economic interest in Gibraltar or anywhere else in Spain, including their British nationality. An "appropriate [..] administrative formula" should be also agreed."
The proposal was rejected by the British Government and by the Gibraltarians, which overwhelmingly voted to remain under British sovereignty in a referendum held in 1967 (12,138 to 44).
No further progress in Spanish claims were achieved for the following 40 years. With the failure of this point of view to achieve progress, the position seems to have been softened and aimed to some sort of temporary or permanent joint sovereignty, which has been proposed by Spain and discussed with the Government of the United Kingdom. A first proposal was tabled by the Spanish Minister for Foreign Affairs, Fernando Morán, in 1985. The details of the proposal were not made public, but information released showed an offer on a treaty with the United Kingdom in order to "re-integrate" Gibraltar with Spain, while preserving Gibraltarians' way of life. They would keep its British nationality as well as political and labour rights, self-government and institutions. A condominium
Condominium
A condominium, or condo, is the form of housing tenure and other real property where a specified part of a piece of real estate is individually owned while use of and access to common facilities in the piece such as hallways, heating system, elevators, exterior areas is executed under legal rights...
or leaseback arrangement should be agreed on over a 15- or 20-year period. The proposal was not formally rejected by Douglas Hurd
Douglas Hurd
Douglas Richard Hurd, Baron Hurd of Westwell, CH, CBE, PC , is a British Conservative politician and novelist, who served in the governments of Margaret Thatcher and John Major between 1979 and his retirement in 1995....
, the then British Foreign Secretary, until 1993.
A second proposal was put in 1997 by the Spanish Minister for Foreign Affairs, Abel Matutes
Abel Matutes
Abel Matutes y Juan is a Spanish politician who served as Spain's Minister of Foreign Affairs from 6 May 1996 to 2000. Matutes was born in Ibiza on 31 October 1941 and his early political life was in that region. He was Mayor of Ibiza in 1970 and 1971 and became Senator for Ibiza and Formentera in...
, foreseeing a 100-year joint sovereignty period before the definite transfer to Spain. A similar schema was agreed on between the Spanish and British governments in the Spring of 2002, which was eventually shelved after further sustained and united opposition by the Gibraltarians.
British position
In his evidence to the UK ParliamentParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
Foreign Affairs Committee in 2008, Jim Murphy
Jim Murphy
James Francis "Jim" Murphy is a British Labour Party politician and is the Member of Parliament for East Renfrewshire....
MP, Minister of State for Europe
Minister of State for Europe
The Minister for Europe is an executive position in the Government of the United Kingdom, in charge of affairs with the European Union. The office is usually a junior Minister of State position in the Foreign and Commonwealth Office...
stated:
On the other hand, the British Government has ruled out both the independence of Gibraltar and its integration
Regional integration
Regional integration is a process in which states enter into a regional agreement in order to enhance regional cooperation through regional institutions and rules...
into the United Kingdom. With regard to the independence, it refers to the Treaty of Utrecht
Treaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
as, according to the British view, it would require Spanish consent.
The option of Integration was rejected on 26 June 1976, when the British Government issued the Hattersley Memorandum
Hattersley Memorandum
The Memorandum by Her Majesty's Government on the Report of the Constitution Committee, or the Hattersley Memorandum for short , dated 26 June 1976, was the answer of the Labour British Government to proposed constitutional changes in Gibraltar ruling out the possibility of...
rejecting the integration in order to:
Gibraltarian position
Gibraltarians argue that the Spanish claims are baseless, pointing to the right to self-determinationSelf-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
of all peoples, guaranteed and enshrined by the UN, according to the UN Charter. Its article 1 states that:
To the same section 2 of Resolution 1514 (XV) states:
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. From this point of view, any additional right that Spain could claim by virtue of the "reversionary" clause contained in the Treaty of Utrecht is overruled and annulled under article 103 of the UN Charter:
Finally, it is argued that there is in fact no principle in International Law or UN doctrine that can displace the inalienable right to self-determination. In this regard, in 2008, the UN 4th Committee rejected the claim that a dispute over sovereignty affected self-determination, affirming it to be a basic human right.
The Gibraltar Government has also argued that Gibraltar is a British territory and therefore by definition not an integral part of any other state, implying that Spain's territorial integrity cannot be affected by anything that occurs in Gibraltar:
In a referendum held in Gibraltar in September 2002, Gibraltan voters rejected even partial Spanish sovereignty.
Speaking to the UK Parliament Foreign Affairs committee in March 2008 Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
the Chief Minister of Gibraltar noted:
Gibraltarians seem to remain mistrustful of Spain despite improved relations.
The isthmus
The territory of Gibraltar contains an 800 metres (2,625 ft) section of the isthmus that links The Rock with mainland Spain. Although it is argued by Spain that the isthmus was never ceded by Spain; rather, it was gradually occupied de facto by Gibraltar, the fact is that there was a stretch of land labelled as neutral territory separating Spain from Gibraltar.The growth of Gibraltar onto the isthmus began with the construction of two forts in the northernmost part of the ceded territory. In 1815, Gibraltar suffered a yellow fever
Yellow fever
Yellow fever is an acute viral hemorrhagic disease. The virus is a 40 to 50 nm enveloped RNA virus with positive sense of the Flaviviridae family....
epidemic. This led to a Spanish concession so a temporary health camp could be built on the isthmus. After the plague was over, Gibraltar did not remove the camp. In 1854, a new epidemic prompted more health camps, gaining Gibraltar another 800 meters. The occupation of the isthmus culminated in 1938 with the construction of the airport during the Spanish civil war
Spanish Civil War
The Spanish Civil WarAlso known as The Crusade among Nationalists, the Fourth Carlist War among Carlists, and The Rebellion or Uprising among Republicans. was a major conflict fought in Spain from 17 July 1936 to 1 April 1939...
.
The Treaty of Utrecht
Treaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
does not acknowledge British sovereignty over Gibraltar beyond the fortified perimeter of the town as it was in 1704. The United Kingdom claims that its title to the southern part of the isthmus is based on continuous possession over a long period (Prescription (sovereignty transfer)).
Territorial waters
The Treaty of Utrecht did not specify territorial watersTerritorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
.
By the first half of the 18th century the concept of the 3 nautical miles (5.6 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 (22.2 km). British claimed territorial waters currently extend up to 3 nautical miles. Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
included a declaration, the content of which was rejected by the UK. The Chief Minister of Gibraltar
Chief Minister of Gibraltar
The Chief Minister of Gibraltar is the leader of the largest party elected to the Gibraltar Parliament, and is formally appointed by the Governor of Gibraltar, representative of the British Crown.-List of Chief Ministers:...
, Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
noted:
The Spanish statement upon ratification of the Convention was:
The British statement upon ratification of the Convention was:
Article 310 of the 1982 Convention specifies that "such statements and declarations cannot exclude or modify the legal effect of the provisions of the Convention" in their application.
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
HMS Sussex (1693)
HMS Sussex was an 80-gun third-rate ship of the line of the English Royal Navy, lost in a severe storm on 1 March 1694 off Gibraltar. On board were possibly 10 tons of gold coins...
, and the Black Swan Project
Black Swan Project
The Black Swan Project is the project name given by Odyssey Marine Exploration for its discovery and recovery of an estimated $500 million worth of silver and gold coins, from a shipwreck, rumored to be the Merchant Royal, which sank about off the coast of Gibraltar in 1641...
controversy. Questions about the waters have previously been asked in the House of Commons, and answered as follows:
The Government of Gibraltar for its part holds that there is no economic or social need for more than three nautical miles of territorial water.
At the end of 2008, the European Commission included most of the territorial waters that surround Gibraltar under a marine conservation area known as the "Estrecho Oriental" that will be maintained by Spain. Spain's actions were seen by most in Gibraltar as the EU being duped by Spain into recognizing Spanish sovereignty over Gibraltar's waters. The UK has initiated legal proceedings with the support of Gibraltar, which were initially rejected by the General Court on procedural grounds but are now subject to appeal...
There have been disputes concerning Spanish patrol boats inside these claimed territorial waters. In May 2009 there were a number of Spanish incursions into British claimed waters around Gibraltar, leading to intervention by the Police and a diplomatic protest by the UK.
1953: Rekindling the dispute
In 1954, despite objections by Spain, Queen Elizabeth II visited Gibraltar in May. Spanish dictator Francisco FrancoFrancisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
had renewed claims to The Rock. Based on British National Archives files from 1953, Franco claimed that Spain had been promised The Rock in return for not attacking the territory during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. British Prime Minister
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
Sir Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...
denied that he promised to give Gibraltar to Spain.
The Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
conducted a full review of their files to see whether Franco's claim had any foundation. A confidential memo called the Spanish communiqué "a flimsy and unconvincing document", and the Government put an end to the dispute by refusing to comment on the claims.
Economy
The Spanish government argues that Gibraltar's tax schemes harm the Spanish economy. In January 2005, the European Commissioner for Competition requested the UK (responsible for Gibraltar’s external relations) to abolish Gibraltar’s tax-exempt company regime by the end of 2010 (at the latest) on the basis that it constitutes illegal state aid that could distort competition. Unlike other tax havens like AndorraAndorra
Andorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...
, Gibraltar has not signed a mutual agreement with Spain to exchange fiscal information. Another concern is that each day thousands of Spaniards buy goods at cheaper prices in Gibraltar due to exchange rates and lack of VAT
Vat
Vat or VAT may refer to:* A type of container such as a barrel, storage tank, or tub, often constructed of welded sheet stainless steel, and used for holding, storing, and processing liquids such as milk, wine, and beer...
, contributing to the Gibraltar economy instead of that of Spain.
The Spanish government wants to increase the exchange of fiscal information in order to prevent Gibraltar banks being used for tax evasion
Tax avoidance and tax evasion
Tax noncompliance describes a range of activities that are unfavorable to a state's tax system. These include tax avoidance, which refers to reducing taxes by legal means, and tax evasion which refers to the criminal non-payment of tax liabilities....
and money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
. The United Kingdom House of Commons Foreign Affairs Select Committee has directed an inquiry that determined that Gibraltar has always complied with all international and EU requirements to prevent such activity.
Referred to as an International Finance Centre, Gibraltar was among 35 jurisdictions identified by the Organisation for Economic Co-operation and Development
Organisation for Economic Co-operation and Development
The Organisation for Economic Co-operation and Development is an international economic organisation of 34 countries founded in 1961 to stimulate economic progress and world trade...
(OECD) as a tax haven
Tax haven
A tax haven is a state or a country or territory where certain taxes are levied at a low rate or not at all while offering due process, good governance and a low corruption rate....
in June 2000. As a result of having made a commitment in accordance with the OECD's 2001 Progress Report on the OECD's Project on Harmful Tax Practices, Gibraltar was not included in the OECD's list of uncooperative tax havens. However, in its April 2009 progress report, the OCDE listed Gibraltar in the list of jurisdictions which, although committed, had not "substantially implemented" yet the internationally agreed tax standard. Following Gibraltar's signing of 12 additional Tax Information Exchange Agreements
Tax information exchange agreements
Tax information exchange agreements provide for exchange of information on request relating to a specific criminal or civil tax investigation or civil tax matters under investigation....
(TIEAs), as of October 2009, with jurisdictions including the UK, USA and Germany, Gibraltar was listed in the OECD "white list", and is now considered a jurisdiction that has substantially implemented the tax standard. It therefore shares the same status as OECD member states such as the UK, the USA, Spain or Germany.
Along with the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
and Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
, Gibraltar has been used as an international finance centre
Financial Centre
A financial centre is a global city that is a company and business hub, as well as being home to many world famous banks and/or stock exchanges....
by the Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
n conglomerate
Conglomerate (company)
A conglomerate is a combination of two or more corporations engaged in entirely different businesses that fall under one corporate structure , usually involving a parent company and several subsidiaries. Often, a conglomerate is a multi-industry company...
Yukos
YUKOS
OJSC "Yukos Oil Company" was a petroleum company in Russia which, until 2003, was controlled by Russian oligarch Mikhail Khodorkovsky and a number of other prominent Russian businessmen. After Yukos was bankrupted, Khodorkovsky was convicted and sent to prison.Yukos headquarters was located in...
/Menatep
Bank Menatep
Bank Menatep was a US$29 billion holding company created by Mikhail Khodorkovsky, that had indirect controlling interest in Yukos Oil Company. It was involved in the US$4.8 billion diversion of International Monetary Fund funds.-Scandal:...
.
Some Spaniards have also mentioned that Gibraltarian motorboat
Motorboat
A motorboat is a boat which is powered by an engine. Some motorboats are fitted with inboard engines, others have an outboard motor installed on the rear, containing the internal combustion engine, the gearbox and the propeller in one portable unit.An inboard/outboard contains a hybrid of a...
s could be engaging in tobacco smuggling. However, since 1996 there has been a law in Gibraltar
Law of Gibraltar
The law of Gibraltar is a combination of common law and statute, and is based heavily upon English law.The English Law Act of 1962 stipulates that English common law will apply to Gibraltar unless overridden by Gibraltar law...
controlling fast launches licensing their ownership and importation and prohibiting the entry of unlicensed craft into Gibraltar waters.
Military importance
Military control of the Strait of GibraltarStrait of Gibraltar
The Strait of Gibraltar is a narrow strait that connects the Atlantic Ocean to the Mediterranean Sea and separates Spain in Europe from Morocco in Africa. The name comes from Gibraltar, which in turn originates from the Arabic Jebel Tariq , albeit the Arab name for the Strait is Bab el-Zakat or...
has historically been the most important use of Gibraltar, allowing Britain to defend its trade lanes to the East. The British admiral Lord Fisher stated that Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
was one of the five keys that locked the world, together with Dover
Dover
Dover is a town and major ferry port in the home county of Kent, in South East England. It faces France across the narrowest part of the English Channel, and lies south-east of Canterbury; east of Kent's administrative capital Maidstone; and north-east along the coastline from Dungeness and Hastings...
, Alexandria
Alexandria
Alexandria is the second-largest city of Egypt, with a population of 4.1 million, extending about along the coast of the Mediterranean Sea in the north central part of the country; it is also the largest city lying directly on the Mediterranean coast. It is Egypt's largest seaport, serving...
, Cape of Good Hope
Cape of Good Hope
The Cape of Good Hope is a rocky headland on the Atlantic coast of the Cape Peninsula, South Africa.There is a misconception that the Cape of Good Hope is the southern tip of Africa, because it was once believed to be the dividing point between the Atlantic and Indian Oceans. In fact, the...
and Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, all of which were once controlled by Britain. It has been useful for the UK to maintain its position as world power
World Power
World Power is the debut album of German Eurodance project Snap!, released in 1990 on Bookmark/Ariola Records. The album received generally positive reviews from music critics, as the project's musical style and its vocalists, Turbo B and Penny "Tiny" Ford, were well-received...
.
Its military relevance has reduced with the end of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
, but it is still an important position as more than one quarter of the global maritime traffic transits through the strait every year. Controlling the strait is of vital importance to NATO. The task of controlling the strait has been traditionally assigned by NATO to the UK, but the recent advances that Spain has made in its armed forces and the bases Spain has in the zone have made NATO reconsider this. However, the tense relations that Spain had with the American administration under George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
and the special friendship of the US with the UK have caused NATO to take a more favourable position towards the UK and Morocco for control of the strait.
For Spain, the military aspect of Gibraltar is not very important apart from denying advantages to the UK, as it has other more spacious bases in Algeciras
Algeciras
Algeciras is a port city in the south of Spain, and is the largest city on the Bay of Gibraltar . Port of Algeciras is one of the largest ports in Europe and in the world in three categories: container,...
, Tarifa
Tarifa
Tarifa is a small town in the province of Cádiz, Andalusia, on the southernmost coast of Spain. The town is located on the Costa de la Luz and across the Straits of Gibraltar facing Morocco. The municipality includes Punta de Tarifa, the southernmost point in continental Europe. There are five...
, Cadiz
Cádiz
Cadiz is a city and port in southwestern Spain. It is the capital of the homonymous province, one of eight which make up the autonomous community of Andalusia....
or Rota
Rota, Spain
-External references:*, official website * On-line since 1999! News, premiere information, pictures, weather, etc. Into Spanish, English... ****- External links :...
to control the strait. Its importance to Spain derives mostly from claims of national integrity
Nationalism
Nationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
and the economic influence Gibraltar holds as a tax haven.
Referenda
In a 1967 referendum on sovereignty organised by the British Government, 99.6% of voters voted to remain under British sovereignty.In a second referendum on sovereignty held in November 2002 by the Government of Gibraltar, 187 voted yes (1%) and 17,900 voted no (99%) on the proposal of sharing sovereignty with Spain. The question put was:
Spanish reaction varied from questioning the validity of the process, to observing that no Spanish government has done enough to make joint sovereignty or integration with Spain an attractive prospect.
It is reported that Spanish "secret funds" were used to create a favourable opinion in Gibraltar to the Spanish sovereignty claim. How the money was spent remains uncertain.
Recent disputes
2000 - An issue of contention was the repair of the nuclear powered submarineNuclear submarine
A nuclear submarine is a submarine powered by a nuclear reactor . The performance advantages of nuclear submarines over "conventional" submarines are considerable: nuclear propulsion, being completely independent of air, frees the submarine from the need to surface frequently, as is necessary for...
, HMS Tireless
HMS Tireless (S88)
HMS Tireless is a nuclear submarine of the Royal Navy and is the third vessel of her class. She is the second submarine of the Royal Navy to bear this name...
. The Government of Spain expressed its concern about the effective safety for the inhabitants of Gibraltar and those living in the Campo de Gibraltar
Campo de Gibraltar
The comarca of the Campo de Gibraltar is a comarca in the province of Cádiz, Spain, in the southwestern part of the autonomous community of Andalusia, the southernmost part of continental Western Europe...
the adjacent area in Spain, some 250,000 people.
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 (no other nuclear submarine has been repaired in Gibraltar since). On the other hand, the Government of Gibraltar accused Spain of using this incident as an excuse to justify its 300 year old sovereignty claim to Gibraltar. Despite many protests, the Government of Gibraltar 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 totally stop. There have been no further protests against nuclear submarines in Gibraltar. Commenting, the Government of Gibraltar said:
2002 - In the months that predated the referendum called by the Gibraltar government on the joint sovereignty agreement 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 DefenceMinistry of Defence (United Kingdom)The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
. - 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 British Government is committed to respect those wishes, the idea of a joint sovereignty deal has been abandoned.
2004 - A visit by The Princess Royal
Anne, Princess Royal
Princess Anne, Princess Royal , is the only daughter of Elizabeth II and Prince Philip, Duke of Edinburgh...
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.
A new round of talks on a tri-lateral basis were proposed in October 2004 to discuss regional co-operation. In February 2005 the first talks took place at a meeting held in Málaga and subsequently in Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
and London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
This is the first sign of formal recognition of the Government of Gibraltar, and has been generally welcomed. The main issues of the talks have been a new agreement on the airport
Gibraltar Airport
Gibraltar Airport or North Front Airport is the civilian airport that serves the British overseas territory of Gibraltar. It is owned by the Ministry of Defence for use by the Royal Air Force as RAF Gibraltar. Civilian operators use the airport; currently the only scheduled flights operate to the...
, the pensions of the Spanish workers that worked in Gibraltar during the sixties, and the removal of Spanish restrictions on telecommunications
Telephone numbers in Gibraltar
Country Code: +350International Call Prefix: 00Trunk Prefix: noneThe Gibraltar telephone numbering plan is the system used for assigning telephone numbers in Gibraltar. It is regulated by the Gibraltar Regulatory Authority , which holds responsibility for telecommunications.The country calling code...
.
2006 - Those issues were successfully resolved in September 2006 in the Córdoba Agreement. The process continues.
2007 - A bulk carrier, the MV New Flame
MV New Flame
M/V New Flame was a Panamanian bulk-carrier cargo ship. It collided with an oil tanker off Europa Point, the southernmost tip of Gibraltar on 12 August 2007, and ended up partially submerged in the Strait of Gibraltar. The vessel broke into two in December 2007 amid numerous unsuccessful recovery...
, ran aground south of Europa Point
Europa Point
Europa Point, also called Great Europa Point, is the southernmost point of Gibraltar. At the end of Rock of Gibraltar, the area is flat and occupied by such features as a playing field and a few buildings...
in Gibraltar and broke up on the reef
Reef
In nautical terminology, a reef is a rock, sandbar, or other feature lying beneath the surface of the water ....
in August 2007, generating accusations of pollution in Spain and claims not only against the Government of Gibraltar but also against that of Spain. Its cargo was scrap metal and the vessel's fuel was promptly drained. The Government of Gibraltar claimed in December 2007 that the operation did not represent a material risk to the environment since the vessel had been defuelled and only small, remnant amounts of fuel remained in the engines themselves. The Spanish branch of Greenpeace
Greenpeace
Greenpeace is a non-governmental environmental organization with offices in over forty countries and with an international coordinating body in Amsterdam, The Netherlands...
claimed that, as late as February 2008, fuel spills from the New Flame had polluted Spanish beaches around the Bay of Gibraltar
Bay of Gibraltar
The Bay of Gibraltar is a bay at the southern end of the Iberian Peninsula. It is around long by wide, covering an area of some , with a depth of up to in the centre of the bay...
. Official Spanish sources played this down stating that the fuel reaching the beaches of Algeciras was in "insignificant amounts".
2009 - The dispute over British claimed territorial waters gained prominence with deliberate incursions by Spain, triggering angry headlines in the UK tabloid press. In December 2009, four armed Civil Guard
Civil Guard (Spain)
The Civil Guard is the Spanish gendarmerie. It has foreign peace-keeping missions and maintains military status and is the equivalent of a federal military-status police force. As a police force, the Guardia Civil is comparable today to the French Gendarmerie, the Italian Carabinieri and the...
officers were detained after three landed in Gibraltar in pursuit of two suspected smugglers, who were themselves arrested. The Spanish Interior Minister Alfredo Pérez Rubalcaba
Alfredo Pérez Rubalcaba
Alfredo Pérez Rubalcaba is a Spanish politician and a leading figure in the Spanish Socialist Workers' Party . He served in the government of Spain as Minister of Education from 1992 to 1993 and as Minister of the Interior from 2006 to 2011; in addition, he was First Deputy Prime Minister from...
personally telephoned Chief Minister Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
to apologise, stating that that there were "no political intentions" behind the incident. The Chief Minister was prepared to accept it had not been a political act. The Spanish officers were released by the Police the following day, who said that "Enquiries established that the Guardia Civil mistakenly entered Gibraltar Territorial Waters in hot pursuit
Hot pursuit
In law enforcement and international law, hot pursuit can refer to:*An immediate pursuit by the police such as a car chase.*In international treaty law, laws of federal states, or other legal rules governing cross-border police operations when law enforcement officers and agents of one...
and have since apologised for their actions"
Spanish restrictions
After the Spanish constitution, Spain was still reluctant to re-open the border because of the consequences it might have. However the border was re-opened in 1984, allowing free access between both sides, although Spain didn't open ferry services until later. Further problems have been encountered regarding the airport, as it is placed on disputed neutral land. Under the Lisbon agreement of 1980:This was to include re-instatement of a ferry service between Gibraltar and Algeciras
Algeciras
Algeciras is a port city in the south of Spain, and is the largest city on the Bay of Gibraltar . Port of Algeciras is one of the largest ports in Europe and in the world in three categories: container,...
. This was finally reinstated after 40 years, on December 16, 2009, operated by the Spanish company, Transcoma.
At the end of 2006, the restrictions on the airport were removed as a result of the Córdoba Agreement (2006) and direct flights from Madrid by Iberia
Iberia Airlines
Iberia Líneas Aéreas de España, S.A., commonly known as Iberia, is the flag carrier airline of Spain. Based in Madrid, it operates an international network of services from its main bases of Madrid-Barajas Airport and Barcelona El Prat Airport....
started operation.
However, On 22 September 2008, Iberia announced that it would cease its flights to Madrid by 28 September due to "economic reasons", namely, lack of demand. This left Gibraltar without any air links with Spain, until May 2009 when Air Andalus opened a service. Air communications with Spain ceased again in August 2010, when Air Andalus lost its licence.
Spanish demonstrated opposition to Gibraltar's membership
Gibraltar Football Association
The Gibraltar Football Association was formed as the Gibraltar Civilian Football Association in 1895, changing to its current name in later years...
of Union of European Football Associations.
Political development
The Gibraltarians have sought a more modern status and relationship with the United Kingdom reflecting, and expanding the present level of self-governmentSelf-governance
Self-governance is an abstract concept that refers to several scales of organization.It may refer to personal conduct or family units but more commonly refers to larger scale activities, i.e., professions, industry bodies, religions and political units , up to and including autonomous regions and...
.
A new constitution order
Gibraltar Constitution Order 2006
The Gibraltar Constitution Order 2006 was taken to a referendum in Gibraltar on 30 November 2006. A coalition of groups opposing the proposal held that a majority of 60% should be required to give effect to a new Constitution, quoting other instances...
was approved in a referendum in 2006 which moved Gibraltar to a more Crown dependency
Crown dependency
The Crown Dependencies are British possessions of the Crown, as opposed to overseas territories of the United Kingdom. They comprise the Channel Island Bailiwicks of Jersey and Guernsey in the English Channel, and the Isle of Man in the Irish Sea....
-like relationship with the UK, rather than the previous colonial status. The new constitution came into effect in January 2007. Gibraltar is classified as a British overseas territory.
In a letter to the UN the British representative, Emyr Jones Parry
Emyr Jones Parry
Sir Emyr Jones Parry, GCMG, FInstP is a retired British diplomat. He is a former British Permanent Representative to the United Nations and former UK Permanent Representative on the North Atlantic Council .-Education:...
, writes:
Chief Minister Peter Caruana
Peter Caruana
Peter Richard Caruana, QC is a Gibraltarian politician, and has been Chief Minister of Gibraltar since 1996, when his party, the Gibraltar Social Democrats , first came to power. His party was re-elected to office in 2000, 2003 and 2007...
addressed the UN Special Committee on Decolonization regarding the new constitution in 2008. He put forth Gibraltar Government's view that:
Parallel with this, the Government of Gibraltar has engaged in talks with Spain to resolve other disputes, setting aside the issue of sovereignty.
See also
- Disputed status of the Falkland IslandsSovereignty of the Falkland IslandsSovereignty over the Falkland Islands is disputed between Argentina and the United Kingdom.The British claim to de jure sovereignty dates from 1690, and the United Kingdom has exercised de facto sovereignty over the archipelago almost constantly since 1833...
between the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and ArgentinaArgentinaArgentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires... - Sea of Japan naming disputeSea of Japan naming disputeThe international name for the body of water which is bordered by Japan, North Korea, Russia, and South Korea is disputed. The Japanese government supports the use of the name "Sea of Japan", while South Korea supports the name "East Sea", and North Korea supports the name "East Sea of Korea"...
between JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
& NorthNorth KoreaThe Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
and South KoreaSouth KoreaThe Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
. - Disputed status of Olivença between PortugalPortugalPortugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
and SpainSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. - The SpanishSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
enclaves of CeutaCeutaCeuta is an autonomous city of Spain and an exclave located on the north coast of North Africa surrounded by Morocco. Separated from the Iberian peninsula by the Strait of Gibraltar, Ceuta lies on the border of the Mediterranean Sea and the Atlantic Ocean. Ceuta along with the other Spanish...
, MelillaMelillaMelilla is a autonomous city of Spain and an exclave on the north coast of Morocco. Melilla, along with the Spanish exclave Ceuta, is one of the two Spanish territories located in mainland Africa...
, Islas ChafarinasIslas ChafarinasThe Chafarinas Islands , also spelled Zafarin, Djaferin, Zafarani, is a Spanish archipelago. A group of three small islets located in the Alboran Sea off the coast of Morocco with an aggregate area of 0.525 km², 45 km to the east of Melilla and 3.3 km off the Moroccan town of Ra'su l-Ma'...
, Peñón de AlhucemasPeñón de AlhucemasPeñón de Alhucemas , or "Lavender Rock", is one of the Spanish plazas de soberanía just off the Moroccan coast in the Alboran Sea. It is also one of several Peñones, or rock-fortresses, on the coast of Northern Africa....
and Peñón de Vélez de la GomeraPeñón de Vélez de la GomeraPeñón de Vélez de la Gomera , in ancient times Badis or Bades, is a Spanish rock in North Africa off the Moroccan coast . It is part of several Peñones, or rock-fortresses on the coast of Northern Africa. Vélez de la Gomera is administered from Melilla...
disputed by MoroccoMoroccoMorocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
. - The SpanishSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
exclave of LliviaLlíviaLlívia is a town of Cerdanya, province of Girona, Catalonia, Spain. It is a Spanish exclave within the French département of Pyrénées-Orientales...
in France. - The History of GibraltarHistory of GibraltarThe history of Gibraltar portrays how The Rock gained an importance and a reputation far exceeding its size, influencing and shaping the people who came to reside here over the centuries.-Prehistoric:...
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.