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On 12 July 2002 the Foreign Secretary, Jack Straw, in a formal statement in the House of Commons, said that after twelve months of negotiation the British Government and Spain are in broad agreement on many of the principles that should underpin a lasting settlement of Spain's sovereignty claim, which included the principle that Britain and Spain should share sovereignty over Gibraltar. Do you approve of the principle that Britain and Spain should share sovereignty over Gibraltar? | ||||||||||||||||||||||
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The Gibraltar sovereignty referendum of 2002 was a referendum, called by the Government of Gibraltar and held on 7 November 2002 within the British overseas territory, on a proposal by the UK Government to share sovereignty of the territory between Spain and the United Kingdom. The result was a rejection of the proposal by a landslide majority, with little more than one per cent of the electorate in favour.
Spain ceded Gibraltar to the British Crown under Article X of the Treaty of Utrecht in 1713. However, Spain disputes the status of Gibraltar and has made numerous attempts to recover the territory, initially by military force and later by economic and diplomatic means. Recovering sovereignty has been a publicly stated objective of successive Spanish governments. [1]
In July 2001, Jack Straw, the British Foreign Secretary, began discussing the future of Gibraltar with Spain. [2] Following secret talks with Spain over the following year, [3] Straw announced in July 2002 that "the UK was willing to share sovereignty of Gibraltar with Spain" and that "the final decision would rest with the people of Gibraltar in a referendum." [4]
The Government of Gibraltar strongly opposed this announcement. They responded by announcing a referendum on the proposal of shared sovereignty with Spain, to be held on 7 November 2002. This pre-empted any plans for a referendum to be held only after the negotiations between Britain and Spain had concluded. Jack Straw described the Gibraltar referendum as "eccentric", and Britain's Foreign Office announced it would not recognise the results. [5]
Although Straw had announced the talks on joint sovereignty, numerous issues remained to be resolved. Firstly, Spain insisted on a time limit, after which full sovereignty would be transferred to Spain. Secondly, Spain would not agree to a referendum in Gibraltar on either joint sovereignty or self-determination. Finally, Spain wanted a greater role than simply joint use of Gibraltar as a military base. [6] Writing in 2009, researcher Peter Gold argued that these disagreements made a final agreement, which would have then instigated a British-run referendum per Straw's July 2002 announcement, only a remote possibility. [7]
The referendum held by the Government of Gibraltar asked voters this question:
On 12 July 2002 the Foreign Secretary, Jack Straw, in a formal statement in the House of Commons, said that after twelve months of negotiation the British Government and Spain are in broad agreement on many of the principles that should underpin a lasting settlement of Spain's sovereignty claim, which included the principle that Britain and Spain should share sovereignty over Gibraltar. Do you approve of the principle that Britain and Spain should share sovereignty over Gibraltar? [8]
Permitted answers were YES or NO, indicated by marking a box with an X.
The Government of Gibraltar invited a panel of observers headed by the British MP Gerald Kaufman. Their report stated that "The observers were extremely impressed with the organisation of the referendum and particularly welcome that the role of the observers was integral to the process, as distinct from the more passive role of observers in other elections. The meticulous way in which votes were counted exceeded requirements and went beyond requirements adopted for UK elections". [9]
Choice | Votes | % |
---|---|---|
No | 17,900 | 98.97 |
Yes | 187 | 1.03 |
Valid votes | 18,087 | 99.51 |
Invalid or blank votes | 89 | 0.49 |
Total votes | 18,176 | 100.00 |
Registered voters/turnout | 20,678 | 87.90 |
Source: Washington Post, "Gibraltar Votes to Remain British" [10] |
Peter Caruana, the Chief Minister of Gibraltar, said of the result: "We say to the British Government: Take stock of this referendum result, it's the will of the people of Gibraltar", and that the planned path to joint sovereignty was a "dead end road for everyone". [2]
Reaction in Spain was mostly negative, with El País calling the referendum a "dishonest consultation", [11] while Spanish Minister of Foreign Affairs Ana Palacio described it as "illegal" and "against all the UN resolutions". [12] However, El País also said that "no Spanish Government, neither this one or its predecessors, has done enough to make joint sovereignty or integration with Spain an attractive prospect". [11]
In London, Jack Straw was criticised by the House of Commons Foreign Affairs Committee, stating that he was wrong to agree to joint sovereignty with Spain, when this was unacceptable to the people of Gibraltar. Their report also emphasised the importance of the referendum, which represented the views of Gibraltarians. The Daily Telegraph said "the people of Gibraltar today overwhelmingly rejected the principle of Britain sharing sovereignty of the Rock with Spain". [2]
Prior to the referendum the British Government repeatedly stated that it would not recognise the outcome. [13] After the referendum the Government of Gibraltar demanded involvement in any further talks with Spain. [14]
Under an initiative originally started in 1999, the Government of Gibraltar, together with opposition parties, negotiated a new Constitution of Gibraltar. The major issue in negotiations was the desire by Gibraltar politicians for a preamble whereby the "British Government ought to commit itself to the question of self-determination in unequivocal terms", which the British government initially resisted." [15] After Margaret Beckett succeeded Straw as Foreign Secretary in 2006, there was a shift in British policy on Gibraltar that effectively recognised the preamble to the 1969 constitution, agreed that any future discussions on sovereignty would need to involve Gibraltar, and would require an improved relationship between Spain and Gibraltar. [16] This compromise led to the Gibraltar Constitution Order 2006, which reduced the powers of the (British-appointed) Governor of Gibraltar and transferred them to local officials, and incorporated a bill of "fundamental rights and freedoms" into the constitution. [17] This reform had cross-party support in Gibraltar, and was submitted to a referendum. The resulting 2006 Gibraltarian constitutional referendum approved these reforms by 60-38%. Although this had cross-party support in Gibraltar, when submitted to a referendum on adoption a significant no vote emerged. Although reasons were diverse, there were two aspects to objections: [15] firstly, the commitment to retaining British sovereignty was seen to not be sufficiently secure; [15] and secondly, the new constitution was deemed not advanced enough in allowing the exercise of the right to self-determination. [17]
The 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.
The politics of Gibraltar takes place within a framework of a parliamentary representative democratic British Overseas Territory, whereby the Monarch of the United Kingdom is the constitutional head of state represented by the Governor of Gibraltar. The Chief Minister of Gibraltar is the head of Government. As a British Overseas Territory, the Government of Gibraltar is not subordinate to the Government of the United Kingdom. The British Government, however, is responsible for defence and external affairs but Gibraltar has full internal self-government under its 2006 Constitution.
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international law, binding, as such, on the United Nations as an authoritative interpretation of the Charter's norms. As a principle of international law the right of self-determination recognized in the 1960s concerns the colonial context of territories' right to independence or another outcome of decolonization. The principle does not state how the decision is to be made, nor what the outcome should be, whether it be independence, federation, protection, some form of autonomy or full assimilation. The internationally recognized right of self-determination does not include a right to an independent state for every ethnic group within a former colonial territory. While there is ongoing discussion about the rights of minorities and indigenous people who are denied political participation in representative governments and consequently suffer systematic violations of human rights as a group, no right to secession is recognized under international law.
The Treaty establishing a Constitution for Europe was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded qualified majority voting into policy areas which had previously been decided by unanimity among member states.
Sir Joseph John Bossano is a Gibraltarian politician who served as Chief Minister of Gibraltar from 1988 to 1996 and Leader of the Gibraltar Socialist Labour Party from 1978 to 2011. He served as Leader of the Opposition from 1984 to 1988 and 1996 to 2011. He was first elected to the then Gibraltar House of Assembly in 1972 and is often referred to as the Father of the House for being the longest-serving parliamentarian in Gibraltar.
Gibraltar, a British Overseas Territory, located at the southern tip of the Iberian Peninsula, is the subject of a territorial claim by Spain. It was captured in 1704 during the War of the Spanish Succession (1701–1714). The Spanish Crown formally ceded the territory in perpetuity to the British Crown in 1713, under Article X of the Treaty of Utrecht. Spain later attempted to recapture the territory during the thirteenth siege (1727) and the Great Siege (1779–1783). British sovereignty over Gibraltar was confirmed in later treaties signed in Seville (1729) and the Treaty of Paris (1783).
Adolfo John Canepa, CMG, OBE, GMH is a Gibraltarian politician. He has dedicated most of his life to politics and the development of Gibraltar, having served both as Leader of the Opposition and as Chief Minister of Gibraltar from 8 December 1987 to 25 March 1988. During this period he was also the leader of the Association for the Advancement of Civil Rights (AACR). He is a former Speaker of the Gibraltar Parliament.
Maurice Xiberras GMH was a Gibraltarian teacher, trade unionist and politician. He was regarded as being a strong defender of British sovereignty, who believed there was no future for Gibraltar without the continuing close relationship with the United Kingdom.
European Parliament elections were held for the first time in Gibraltar on 10 June 2004 as part of European Union-wide elections. Although part of the European Union, Gibraltar had never before voted in European Parliamentary elections, in part due to its small electorate of just over 20,000 which would cause Gibraltar to be over-represented by about 30 times if even a single seat were to be assigned.
Gibraltar is a British Overseas Territory and city located at the southern tip of the Iberian Peninsula, on the Bay of Gibraltar, near the exit of the Mediterranean Sea into the Atlantic Ocean. It has an area of 6.7 km2 (2.6 sq mi) and is bordered to the north by Spain. The landscape is dominated by the Rock of Gibraltar, at the foot of which is a densely populated town area, home to some 32,688 people, primarily Gibraltarians.
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, but the political parties held that the result should be decided by a simple majority in favour of the new constitution. The constitution was approved by 60% of the votes anyway.
Gibraltar National Day, celebrated annually on 10 September, is the official national day of the British overseas territory of Gibraltar. The day commemorates Gibraltar's first sovereignty referendum of 1967, in which Gibraltarian voters were asked whether they wished to either pass under Spanish sovereignty, or remain under British sovereignty, with institutions of self-government.
Gibraltar is a juridically independent area in western Europe, and forms part of the Commonwealth of Nations as a British overseas territory.
The Gibraltar Constitution Order 1969 was published on 30 May 1969 as an Order in Council.
The Gibraltar sovereignty referendum of 1967 was held on 10 September 1967, in which Gibraltarian citizens were asked whether they wished to pass under Spanish sovereignty, with Gibraltarians keeping their British citizenship and a special status for Gibraltar within Spain; or remain under British sovereignty, with its own self-governing institutions.
The following outline is provided as an overview of and topical guide to Gibraltar:
Gibraltar is a British Overseas Territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean Sea. During the early days of the British administration, Gibraltar was maintained primarily as a military outpost with limited attention paid to its role as a trading post. Initially long term settlement of Gibraltar was uncertain but as Spain's power waned it became established as an important base for the British Royal Navy. Throughout the 19th century there was conflict between the competing roles of military and trading posts, leading to tensions between the civilian population and the Governor of the day. Some Governors encouraged the development of the civilian role in government, whilst others regarded it as a nuisance. As a result, compared with other former British colonies, civilian Government in Gibraltar emerged largely in the 20th century as the needs of the civilian population were often considered by Governors as subordinate to the needs of the military. Since World War II, Gibraltarians have increasingly asserted their own individual identity. The Rock's relationship with Spain and the sovereignty dispute continues to affect the Politics of Gibraltar to this day.
The Lisbon Agreement was the first of a series of agreements between the British and Spanish governments intended to resolve their differences concerning Gibraltar.
The Brussels Agreement, 1984, was an agreement between the governments of the United Kingdom and of Spain concerning the territorial dispute over Gibraltar. The agreement was criticised by Gibraltar politicians for limiting the participation of Gibraltarians in their self-determination.
The effect of Brexit on Gibraltar concerns the status of Gibraltar after the United Kingdom's withdrawal from the European Union ("Brexit"). The UK left the EU on 31 January 2020, having formally notified the EU in March 2017 of its intention to do so. Gibraltar is not part of the UK, but unlike all other British Overseas Territories, it was a part of the European Union along with the UK. It participated in the Brexit referendum and it ceased, by default, to be a part of the EU upon the UK's withdrawal.