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The disputed status of Gibraltar arises from Spain and the United Kingdom holding opposed views on the issue of the land's sovereignty. In addition Spain insists that this is a bi-lateral matter and does not recognise the Gibraltarians' elected Government. Since it has become clear that the proposal of joint sovereignty is going nowhere, particularly after rejection in a referendum amongst Gibraltar's residents (99 per cent voting "No" at an 88 per cent turnout), Spain has indicated it is prepared to listen to the views of the people most affected. However, as of November 2004 the Gibraltarians consider that nothing of a positive nature has been seen in this 'improvement in relations'.
The Rock's two main political parties, the Gibraltar Social-Democrats (GSD) and the Gibraltar Socialist Labour Party (GSLP) are opposed to any transfer of sovereignty to Spain. No political party or pressure group in Gibraltar supports union with Spain, although everyone holds the view that better relations are desirable, and that the Spanish restrictions on telephones, cruise ships, aircraft etc must be removed.
Spain continues to claim that the territory is rightfully its own and wishes to assume sole sovereignty. The British Government, whilst stating that no change would take place without the consent of the people of Gibraltar, briefly explored the possibility of joint sovereignty between the United Kingdom and Spain.
The Capture of Gibraltar and the Treaty of Utrecht
An Anglo-Dutch force led by Sir George Rooke seized the Rock in 1704. The territory was ceded to Great Britain by Spain in the 1713 Treaty of Utrecht as part of the settlement of the War of the Spanish Succession. In that treaty, Spain ceded Great Britain "the full and entire propriety of the town and castle of Gibraltar, together with the port, fortifications, and forts thereunto belonging … for ever, without any exception or impediment whatsoever."
None the less, the treaty stipulates that no overland trade between Gibraltar and Spain is to take place, except for emergency provisions in the case that Gibraltar is unable to be resupplied by sea. Another condition of the cession is that "no leave shall be given under any pretence whatsoever, either to Jews or Moors, to reside or have their dwellings in the said town of Gibraltar." This restriction was quickly ignored and for many years both Jews and Arabs have lived peacefully in Gibraltar. In a reversion clause, should the British Crown ever wish to relinquish Gibraltar, Spain was promised it will be offered to it first ("And in case it shall hereafter seem meet to the Crown of Great Britain to grant, sell or by any means to alienate therefrom the propriety of the said town of Gibraltar, it is hereby agreed and concluded that the preference of having the sale shall always be given to the Crown of Spain before any others").
As the UK and Spain are both members of the European Union, which is committed to free movement of goods and services, the UK government and Gibraltarians point out that this supersedes any 'restrictions' contemplated in 1704.
Similarly the UN Charter (which is Primary International Law) guarantees the right to self-determination of all peoples. The UK government and Gibraltarians point out that article 103 of the Charter overrules and anulls the "reversionary clause". However, the Spanish government claims that the right to self-determination does not apply due to the territorial integrity of nations. This controversy, they claim, applies to the territorial integrity of Spain, since Gibraltar is a Britain colony in Spain's soil. The UK & Gibraltar Governments point out that since the territory was ceded in 1713 it ceased to be Spanish territory and is in fact a British Colony on British soil.
Territorial waters
The Treaty of Utrecht did not specify territorial waters, as like so many things the concept had not been developed at the time.
By the first half of the 18th century the concept of the three-mile (5 km) wide sovereign territorial sea emerged, this was eventually adopted by most countries as the basis of marine jurisdiction, until the UN Convention on the Law of the Sea 1982, which entered into force in 1995, set a new standard of 12 nautical miles (22 km). Gibraltar's territorial waters currently extend up to 3 nautical miles (6 km), but could be extended if required — the UN Convention on the Law of the Sea set a standard of the latter distance for all of its signatories. However, the positions of Spain and the UK are opposite on this issue:
The Spanish statement
"2. In ratifying the Convention, Spain wishes to make it known that this act cannot be construed as recognition of any rights or status regarding the maritime space of Gibraltar that are not included in article 10 of the Treaty of Utrecht of 13 July 1713 concluded between the Crowns of Spain and Great Britain. Furthermore, Spain does not consider that Resolution III of the Third United Nations Conference on the Law of the Sea is applicable to the colony of Gibraltar, which is subject to a process of decolonization in which only relevant resolutions adopted by the United Nations General Assembly are applicable."
The British statement
"With regard to point 2 of the declaration made upon ratification of the Convention by the Government of Spain, the Government of the United Kingdom has no doubt about the sovereignty of the United Kingdom over Gibraltar, including its territorial waters. The Government of the United Kingdom, as the administering authority of Gibraltar, has extended the United Kingdom's accession to the Convention and ratification of the Agreement to Gibraltar. The Government of the United Kingdom, therefore, rejects as unfounded point 2 of the Spanish declaration."
1953: rekindling the dispute
In 1953, after HM The Queen visited Gibraltar, Generalissimo Francisco Franco renewed Spanish claims to the Rock. Based on British National Archives files dating back to 1953, it seems that Franco believed Spain had been promised the Rock in return for not attacking the territory during the Second World War. During the war, the civilian population of Gibraltar was evacuated, and the territory turned into a military base, with an airport being built over the racecourse. Gibraltar was a key supply line and controlled the straits of Gibraltar at the western end of the Mediterranean.
The British civil service conducted a full review of their files to see whether Franco's claim had any foundation, and none was found.
Economy
Repeated stories in the media that Gibraltar banks are used for tax evasion and money laundering have been found baseless by an inquiry by the House of Commons Foreign Affairs Committee, as Gibraltar complies with all international and EU requirements to prevent such activity.
The Spanish Government has also accused Gibraltarian motorboats of helping in tobacco smuggling. However, there is a law against fast launches making it illegal to own them locally, or even to bring them into Gibraltar waters.
Referenda
In a 1967 referendum organised by the British government, Gibraltarians ignored Spanish pressure and 99.6% of voters voted to remain a British dependency. More recently, in a second referendum held in November 2002 by the Gibraltar government, 98% of the voters rejected any proposal to share sovereignty between the UK and Spain. (The wording of the question being "Do you approve of the principle that Britain and Spain should share sovereignty over Gibraltar?" Result: 17,900 NO, 187 YES)
However, the Gibraltarians are seeking a more modern status and relationship with the United Kingdom reflecting the present level of self-government. A new constitution has been submitted for approval by the UK government. This proposal, called by the Gibraltarians a 'modernisation of the consititution', would convert Gibraltar to a more Channel Islands-like relationship with the UK, rather than the present colonial status.
Recent disputes
Another issue of contention was the repair of the nuclear submarine, HMS Tireless. Spain claims to have a non-nuclear policy, however Nuclear powered vessels regularly enter Spanish ports (in particular Rota) without protest from the Spanish government. Despite many protests, the Gibraltar Government allowed the work to be done after employing its own experts to confirm it was safe. The submarine was in Gibraltar for a year before leaving, during which the repair was successfully completed without incident.
A visit by HRH The Princess Royal in June 2004, the brief return of HMS Tireless in July 2004, together with a visit by Geoff Hoon, the UK Defence Secretary, for the tercentenary celebrations of the capture of the Rock were subjects of complaint by the Spanish government.
Recent (July - Aug 2004) disagreements can be categorised as:
- The Referendum Issue. Both the Spanish and British governments have stated a recent referendum has no legal effect, but it clearly indicates the will of the people of Gibraltar to “not be Spanish”, which Britain has agreed to abide by.
- Sovereignty Issue. Spain wishes to control the military installations of the territory, even in the event of shared sovereignty.
- Control of the Military Installations.
A new round of negotiations has been proposed (October 2004) to discuss regional co-operation.