Gibraltar Constitution Order 1969
Encyclopedia
The Gibraltar
Constitution Order 1969 was published on 30 May 1969 as an Order in Council.
The constitution
was the outcome of the Constitutional Conference chaired by Malcolm Shepherd, 2nd Baron Shepherd
which lasted from July 16 1968 to July 24. The Gibraltarian
members of the Constitutional Conference were: Joshua Hassan
, Aurelio Montegriffo and Abraham Serfaty for the Association for the Advancement of Civil Rights
; Robert Peliza
, Maurice Xiberras
and legal advisor Sir Frederick Bennet for the Integration With Britain Party
; and Peter Isola
.
The crucial feature of the 1969 Constitution for the Gibraltarians was the Preamble to the Order in Council promulgating the Constitution, in its final form began:
It has been pointed out that this Preamble has been the "single most significant statement made on the sovereignty of Gibraltar since the signing of the Treaty of Utrecht
".
Francisco Franco
had been applying increasingly restrictive measures in its relationships with Gibraltar. On 24 July 1968, it complained to the UN Secretary General claiming that the constitutional talks were a "further obstacle to the solution of Gibraltar's future", a statement that was rejected by the Government of the United Kingdom
.".
The Constitution was published on 30 May 1969 and came into immediate effect. Elections were scheduled for 30 July. The Spanish government described the promulgation as an open disregard by the UK government of the UN Resolutions and a violation of the Treaty of Utrecht
. On 6 July 1969, the decision to close the land border between Spain
and Gibraltar was taken. Next day the decision was implemented.
The closing of the border, together with various other restrictions, was a severe shock for the Gibraltarians, who became aware that across the frontier there was a hostile and threatening foreign power. The closure of the frontier would last thirteen years and was considered by the Gibraltarians as the last in a series of sieges held by Spain to attempt to secure the surrender of the town.
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...
Constitution Order 1969 was published on 30 May 1969 as an Order in Council.
The constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
was the outcome of the Constitutional Conference chaired by Malcolm Shepherd, 2nd Baron Shepherd
Malcolm Shepherd, 2nd Baron Shepherd
Malcolm Newton Shepherd, 2nd Baron Shepherd [Hereditary] and also Baron Shepherd of Spalding [Life Peerage] PC , was a British Labour politician and peer who served as Leader of the House of Lords under Harold Wilson and James Callaghan.Shepherd was the son of the Labour politician George...
which lasted from July 16 1968 to July 24. The Gibraltarian
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 :...
members of the Constitutional Conference were: Joshua Hassan
Joshua Hassan
Sir Joshua Abraham Hassan, GBE, KCMG, LVO, QC , nicknamed "Salvador" , was a Gibraltarian politician, and first Mayor and Chief Minister of Gibraltar, serving two terms as Chief Minister for a total of 17 years...
, Aurelio Montegriffo and Abraham Serfaty for the Association for the Advancement of Civil Rights
Association for the Advancement of Civil Rights
The Association for the Advancement of Civil Rights is a now defunct political party in Gibraltar.Like all Gibraltar political parties, it opposed transfer of sovereignty over Gibraltar from the United Kingdom to Spain...
; Robert Peliza
Robert Peliza
Sir Robert John "Bob" Peliza, KBE, ED is a Gibraltarian politician. He founded and led the Integration with Britain Party and was the second Chief Minister of Gibraltar serving in office from 6 August 1969 to 25 June 1972...
, Maurice Xiberras
Maurice Xiberras
Maurice Xiberras is a retired Gibraltarian teacher, trade unionist and politician. He is regarded as being a strong defender of British sovereignty, who believes there is no future for Gibraltar without the continuing close relationship with the United Kingdom....
and legal advisor Sir Frederick Bennet for the Integration With Britain Party
Integration with Britain Party
The Integration with Britain Party was a political party in Gibraltar established in February 1967. Although it never won an election, it was briefly in power from 1969 to 1972 when Robert Peliza of the IWBP was Chief Minister.- History :...
; and Peter Isola
Peter Isola
Peter Joseph Isola, OBE, GMH , was a Gibraltarian politician and lawyer. He succeeded Maurice Xiberras as leader of the Democratic Party of British Gibraltar , a political party in Gibraltar.-Early life and career:...
.
The crucial feature of the 1969 Constitution for the Gibraltarians was the Preamble to the Order in Council promulgating the Constitution, in its final form began:
It has been pointed out that this Preamble has been the "single most significant statement made on the sovereignty of Gibraltar since the signing 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...
".
Development
The move towards the 1969 Constitution was sparked off after the outcome of the 1967 sovereignty referendum, where 99.19% of Gibraltarians voted against passing under Spanish sovereignty and in favour of retaining their link with Britain, with democratic local institutions and with Britain retaining its present responsibilitiesFrontier closure
Upon the request of the United Nations, Spain and the United Kingdom had been developing inconclusive talks about Gibraltar for the previous three years. Since 1954, the Government of Spain under the leadership of dictatorDictator
A dictator is a ruler who assumes sole and absolute power but without hereditary ascension such as an absolute monarch. When other states call the head of state of a particular state a dictator, that state is called a dictatorship...
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...
had been applying increasingly restrictive measures in its relationships with Gibraltar. On 24 July 1968, it complained to the UN Secretary General claiming that the constitutional talks were a "further obstacle to the solution of Gibraltar's future", a statement that was rejected by the Government of the United Kingdom
Government of the United Kingdom
Her Majesty's Government is the central government of the United Kingdom of Great Britain and Northern Ireland. The Government is led by the Prime Minister, who selects all the remaining Ministers...
.".
The Constitution was published on 30 May 1969 and came into immediate effect. Elections were scheduled for 30 July. The Spanish government described the promulgation as an open disregard by the UK government of the UN Resolutions and a violation 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...
. On 6 July 1969, the decision to close the land border between 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...
and Gibraltar was taken. Next day the decision was implemented.
The closing of the border, together with various other restrictions, was a severe shock for the Gibraltarians, who became aware that across the frontier there was a hostile and threatening foreign power. The closure of the frontier would last thirteen years and was considered by the Gibraltarians as the last in a series of sieges held by Spain to attempt to secure the surrender of the town.
See also
- Constitution of GibraltarConstitution of GibraltarGibraltar's first Constitution was passed in 1969. A complete list of the different constitutions follows.*Gibraltar Constitution Order 1969*Gibraltar Constitution Order 2006- External links :**...
- Gibraltar Constitution Order 2006Gibraltar Constitution Order 2006The 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...
- Gibraltar sovereignty referendum, 1967