Politics of Gibraltar - Relations With Spain

Relations With Spain

In a referendum on September 10, 1967, the people of Gibraltar voted by 12,138 to 44 to reject the transfer of sovereignty to Spain and to remain under British sovereignty. This day is now celebrated as Gibraltar's National Day. In a referendum organised by the Government of Gibraltar on November 7, 2002, voters overwhelmingly rejected the principle that Spain and the United Kingdom should share sovereignty over Gibraltar, by 17,900 votes to 187 on a turnout of almost 88%.

Unlike most other British territories, Gibraltar has not been offered independence by the UK. It has been suggested that this is on the grounds that the Treaty of Utrecht, under which Spain ceded the territory to the British Crown, states that, if the British Crown should ever wish to dispose of Gibraltar, it must first be offered to Spain. However, the Government of Gibraltar has pointed out at the UN that Article 103 of the UN Charter overrules and annuls this "reversionary clause".

Neither the United Kingdom nor Spain seem keen to test the legal status of Article X of the Treaty of Utrecht in court. The remaining parts of the treaty that regulated such things as the slave trade, and the transfer of Minorca to the British, have become obsolete.

Spain argues that Gibraltar's status is an anachronism, and that it should become an autonomous community of Spain, similar to Catalonia or the Basque Country. It also argues that the principle of territorial integrity, not self-determination applies, drawing parallels with the British handover of Hong Kong to the People's Republic of China in 1997. The Junta de Andalucia (Andalucia's elected regional government) believes that Gibraltar should be integrated into its regional autonomy.

At the same time, the British government continues to state that there can be no change in the status of Gibraltar without their democratic consent .

The Gibraltarian government has asked the UN Committee of 24 to refer the issues to the International Court of Justice for an advisory opinion, but Spain has lobbied against this. The government of Gibraltar has also invited the Committee to visit the territory, but so far, despite no objection from the United Kingdom, they have not done so.

The 2006 constitution further increases the level of self-government in the territory, and the colonial status of Gibraltar is now considered to be over. In a letter to the United Nations describing this, the British Foreign Secretary stated that "I do not think that this description would apply to any relationship based on colonialism."