Gibraltar sovereignty referendum, 2002

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Gibraltar sovereignty referendum
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?
Location Flag of Gibraltar.svg Gibraltar
Date7 November 2002
Results
Votes%
Yes check.svg Yes1871.03%
X mark.svg No17,90098.97%
Valid votes18,08799.51%
Invalid or blank votes890.49%
Total votes18,176100.00%
Registered voters/turnout20,67887.9%
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The Gibraltar sovereignty referendum of 2002 was a referendum which was called by the Government of Gibraltar and was 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 only just over one per cent of the electorate in favour.

A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.

Gibraltar British Overseas Territory

Gibraltar is a disputed territory located at the southern tip of the Iberian Peninsula.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 over 30,000 people, primarily Gibraltarians. It shares a maritime border with Morocco.

Sovereignty concept that a state or governing body has the right and power to govern itself without outside interference

Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies. In political theory, sovereignty is a substantive term designating supreme authority over some polity.

Contents

Background

A poster from the campaign Voggref02.jpg
A poster from the campaign

Although Gibraltar was ceded to the British Crown under Article X of the Treaty of Utrecht (1713), Spain has wished to recover the territory, first by force and then by restrictions and diplomacy. Recovering sovereignty remains a stated objective of successive Spanish Governments. [1]

Monarchy of the United Kingdom Function and history of the British monarchy

The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional monarchy of the United Kingdom, its dependencies and its overseas territories. The current monarch and head of state is Queen Elizabeth II, who ascended the throne in 1952.

In July 2001, Foreign Secretary Jack Straw began discussing the future of Gibraltar with Spain, [2] and a year later, in July 2002, following secret talks with Spain [3] announced 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]

Jack Straw British politician

John Whitaker Straw is a British politician who served as the Member of Parliament (MP) for Blackburn from 1979 to 2015. Straw served in the Cabinet from 1997 to 2010 under the governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary from 1997 to 2001 and Foreign Secretary from 2001 to 2006 under Blair. From 2007 to 2010 he served as Lord Chancellor and the Secretary of State for Justice throughout Brown's Premiership. Straw is one of only three individuals to have served in Cabinet continuously under the Labour government from 1997 to 2010, the others being Gordon Brown and Alistair Darling.

HM Government of Gibraltar then decided to hold its own referendum on 7 November 2002 regarding the proposal of shared sovereignty with Spain, which it strongly opposed. This pre-empted any referendum planned to be held 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 recognize its results. [5]

Although Straw had felt confident enough to announce that there had been talks on joint sovereignty, a number of issues still remained to be resolved. Firstly, Spain was insisting on a time element for a full transfer of sovereignty to Spain. Secondly, Spain would not agree to give Gibraltar a referendum on either joint sovereignty or self-determination. Finally, Spain wanted a greater role than simply joint use of Gibraltar as a military base. [6] Researcher Peter Gold argued in a 2009 paper that these disagreements made the possibility of an agreement being finalised remote. [7]

Referendum question

The Gibraltar Referendum 2002 asked the voters of Gibraltar their opinion in the following words:

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]

permitting a simple YES / NO answer (to be marked with a single (X)).

Outcome

Speech by Peter Caruana, QC, after the announcement of the result of the 2002 Referendum
Gibraltar sovereignty referendum, 2002
ChoiceVotes%
X mark.svg No17,90098.48
Yes1871.03
Valid votes18,08799.51
Invalid or blank votes890.49
Total votes18,176100.00
Registered voters and turnout20,67887.9
Source: New York Times, "Gibraltar Rejects Power-Sharing Between Britain and Spain" [9]

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]

Observers

The Government of Gibraltar invited a panel of observers headed by Gerald Kaufman MP. 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". [10]

Reactions

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 Commons foreign affairs committee, whose report stated that he was wrong to agree to joint sovereignty with Spain, when this was unacceptable to the people of Gibraltar. The report also emphasised the importance of the referendum, which represented the views of Gibraltarians. The Telegraph said "the people of Gibraltar today overwhelmingly rejected the principle of Britain sharing sovereignty of the Rock with Spain". [2]

Aftermath

Prior to the referendum the British Government repeatedly stated that it would not recognise the outcome. [13] After the referendum Gibraltar's Government increasingly felt it could demand a say in its future in any talks with Spain. [14] Under an initiative originally started in 1999, the Government of Gibraltar together with opposition parties negotiated a new constitution for Gibraltar. The major sticking point 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." [15] The British Government initially sought to avoid doing so but when there was a cabinet reshuffle and a new foreign secretary, the new incumbent was more willing to listen to the views of Gibraltar officials. There was a shift in the British Government policy on Gibraltar that effectively recognised the preamble to the 1969 constitution was sacrosanct, that any discussions on sovereignty would involve Gibraltar and future discussions on sovereignty with Spain would require an improved relationship between Spain and Gibraltar. [16] The British Government compromised recognising its commitment in the 1969 constitution that it would not negotiate with Spain without the consent of people of Gibraltar. The compromise lead to the Gibraltar Constitution Order 2006 in which the powers of the Governor were reduced and transferred to local officials and a bill of "fundamental rights and freedoms" enshrined in the constitution. [17] 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] secondly the new constitution was deemed not advanced enough in allowing the exercise of the right to self-determination. [17]

See also

Related Research Articles

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References

  1. "Spanish statement on Gibraltar". MAE. 17 February 2012.
  2. 1 2 3 Andrew Sparrow and Isambard Wilkinson (8 November 2002). "Gibraltar rejects Straw's deal". The Daily Telegraph . Retrieved 17 February 2016.
  3. Wright, Oliver (24 January 2012). "UK came close to sharing Gibraltar with Spain". The Independent. Retrieved 21 February 2016.
  4. "House of Commons". Parliamentary Debates (Hansard) . Hansard. 12 July 2002.
  5. "Rock referendum 'eccentric' – Straw". BBC News. 26 July 2002.
  6. "How Gibraltar 2002 referendum foundered plan for joint-sovereignty with Spain". Mercopess. 5 December 2013. Retrieved 17 February 2016.
  7. Stockey, Gareth; Grocott, Chris (2012). Gibraltar: A Modern History. U of Wales P. p. 116. ISBN   9780708325155.
  8. Daly, Emma (8 November 2002). "Gibraltar Rejects Power-Sharing Between Britain and Spain". The New York Times . Retrieved 17 February 2016.
  9. "Gibraltar Referendum Observer's Report" (PDF). Report by the Committee of Observers. November 2002. p. 12. Retrieved 19 September 2015.
  10. 1 2 "Gibraltar referendum result in quotes". BBC News. 8 November 2002.
  11. "El Gobierno dice que la consulta es contraria a las resoluciones de la ONU". El País (in Spanish). 9 November 2002.
  12. Peter Gold (January 2005). Gibraltar: British Or Spanish?. Psychology Press. pp. 310–. ISBN   978-0-415-34795-2.
    • Dodds, Klaus (December 2004). "Solid as a Rock? Britain and Gibraltar". BBC History: 18–21.
  13. 1 2 3 Miller, Vaughne (ed.), "Gibraltar: diplomatic and constitutional developments" (PDF), HOUSE OF COMMONS LIBRARY, retrieved 2011-02-16
  14. Gold, 2005, p.317
  15. 1 2 Stephen Constantine (1 September 2009). Community and identity: the making of modern Gibraltar since 1704. Manchester University Press. p. 404. ISBN   9780719080548 . Retrieved 6 February 2011.