Gibraltar Constitution Order 2006
Encyclopedia
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. The political parties did not support this, holding that the result should be decided by a simple majority in favour of the new constitution. This was nevertheless given effect by an Order in Council on 14 December 2006, and came into force on 2 January 2007. According to the British Government, it aimed to provide a modern and mature relationship not based on colonialism
between Gibraltar
and the United Kingdom. Notwithstanding this intention the U.K. reserved to itself the right to repeal the 2006 Constitution, to enact Laws directly and to rescind Laws made by the Gibraltar Parliament.
in October.
, the Constitution Order is published as a set of documents:
Among changes introduced by the new constitution were:
In exercise of your right to self-determination, do you approve and accept the proposed new Constitution for Gibraltar? YES NO
, Jack Straw
stated:
In the foreword of an explanatory leaflet issued by the Government of Gibraltar for the proposed new constitution, Chief Minister Peter Caruana
said that he:
He further added:
Caruana also stated:
.
However, the UK government acknowledged that Gibraltar does not accept such an interpretation of the Treaty of Utrecht and did not accept the existence of any such constraint in accepting the new Constitution.
The Self Determination for Gibraltar Group also criticised the constitution and campaigned for a No vote in the constitutional referendum. They said in a press release that the new constitution "is not the act of self-determination which will decolonise us" and that it "is as colonial as its 1964 and 1969 predecessors."
Joe Bossano
, Leader of the Opposition, criticised the failure to phrase the preamble in a way that supported the maximum possible level of self-government.
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
between 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...
and the United Kingdom. Notwithstanding this intention the U.K. reserved to itself the right to repeal the 2006 Constitution, to enact Laws directly and to rescind Laws made by the Gibraltar Parliament.
Origin
In 1999 the Government of the United Kingdom invited British Dependent Territories to provide proposals for constitutional reform. A cross-party committee of the Gibraltar House of Assembly was set up to consult with interested parties and in January 2002 produced a report, which was subsequently debated and negotiated with the United Kingdom. The proposals for the reform were accepted by the UK Foreign Office in March 2006 and unanimously approved in the House of AssemblyGibraltar House of Assembly
The Gibraltar Parliament is the legislature of the British overseas territory of Gibraltar. Between 1969 and 2006 it was called the Gibraltar House of Assembly.-Functions:...
in October.
Publication procedure
Once promulgated by the Privy CouncilPrivy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, the Constitution Order is published as a set of documents:
- The Despatch: The "letter" under cover of which the Foreign Secretary sends the Constitution order to the Governor of GibraltarGovernor of GibraltarThe Governor and Commander-in-Chief of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The Governor is appointed by the British Monarch on the advice of the British Government...
. - The Order in Council, which contains the preamble as main content. It also includes several annexes.
- The Annexes to the Order in Council. Annex No 1 is the text of the Constitution itself; Annex No 2 contains the transitional and other provisions.
Contents
The proposed constitution had been negotiated with the British Government by a delegation representing Gibraltar, comprising the Government, the Opposition and others. The text of the proposed new Constitution had been welcomed by the House of Assembly in a motion passed unanimously with the support of both sides of the House.Among changes introduced by the new constitution were:
- Renaming the House of Assembly to the Gibraltar Parliament.
- Renaming "Members of the House of Assembly" to "Members of Parliament" (MPs).
- Removal of the two remaining un-elected members of the House of Assembly.
- Increasing the number of elected representatives from 15 to 17, with the parliament able to legislate to increase this number.
- Decreasing the Governor's powers, and transferring some of these to elected officials.
- Modernisation of the relationship between Gibraltar and the UK, without affecting the issue of sovereigntySovereigntySovereignty 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...
. - A bill of "fundamental rights and freedoms" enshrined in the constitution.
Referendum
A referendum on the proposed new constitution order was held on 30 November 2006. The motion proposed and approved was:In exercise of your right to self-determination, do you approve and accept the proposed new Constitution for Gibraltar? YES NO
On colonialism and modernisation of political institutions
Answering the complaints of Spanish Foreign Minister Miguel Ángel MoratinosMiguel 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....
, Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
stated:
In the foreword of an explanatory leaflet issued by the Government of Gibraltar for the proposed new constitution, 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...
said that he:
He further added:
Caruana also stated:
On independence
At the same time, the UK government, while fully supporting the right of self determination for Gibraltarians, excluded the possibility of independence for Gibraltar, referring to the Treaty of UtrechtTreaty 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...
.
However, the UK government acknowledged that Gibraltar does not accept such an interpretation of the Treaty of Utrecht and did not accept the existence of any such constraint in accepting the new Constitution.
Criticisms
In spite of the unanimous support from all the political parties represented in the House of Assembly, there was a significant "No" movement. The reasons were diverse, but mainly related to two aspects: while some electors could have felt that the commitment to retaining British sovereignty was not sufficiently secure, other could have believed that the new constitution were not advanced enough in allowing the exercise of the right to self-determination. The minority rights pressure group Equality Rights GGR, have called it "gravely deficient" and a "missed opportunity", for failing to fully incorporate the European Convention on Human Rights.The Self Determination for Gibraltar Group also criticised the constitution and campaigned for a No vote in the constitutional referendum. They said in a press release that the new constitution "is not the act of self-determination which will decolonise us" and that it "is as colonial as its 1964 and 1969 predecessors."
Joe Bossano
Joe Bossano
Joseph "Joe" John Bossano is a Gibraltarian politician, and the former leader of the Gibraltar Socialist Labour Party. He was Chief Minister of Gibraltar from 25 March 1988 to 17 May 1996. He served as the Leader of the Opposition in the Gibraltar Parliament from its founding in 1978 until April...
, Leader of the Opposition, criticised the failure to phrase the preamble in a way that supported the maximum possible level of self-government.