What are the competing claims
over Gibraltar?
BBC
Three hundred
years after Spain ceded Gibraltar to Great Britain, tensions between the two
countries have resurfaced in a dispute apparently over an artificial reef and
onerous border searches. The UK has always insisted Gibraltar is rightfully
British. The Spanish government maintains the territory should pass back. But
what are the details of each side's legal, historical and geographical claims
for sovereignty?
The
disputed territory
Who's had it longer?
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Spain's view
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From AD711 to
1462 Gibraltar was under Moorish rule, like most of Spain. Spain
(initially Castile) controlled the territory from 1462 to 1704.
Its political status between 1704 and 1713 was that of a
territory occupied by allied Anglo-Dutch forces during the War of the Spanish
Succession. Gibraltar's sovereign status between 1713 and 1880
was that of a territory taken by right of conquest, but legitimised in the
form of a cession to the British (Article X, Treaty of Utrecht, 1713,
Appendix I).
The UK's view
Anglo-Dutch
forces captured the fortress of Gibraltar in 1704, during the War of
the Spanish Succession. It was formally ceded to the British in perpetuity
under Article X of the Treaty of Utrecht in 1713. The Gibraltar
territory was designated a Crown Colony in 1830 and was listed as such
by the UN in 1946. In 1964, the Gibraltar Constitution was
introduced and promulgated in 1969, stipulating that sovereign status
would not be changed without the consent of Gibraltar's people.
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What's the legal
position?
Spain's view
Spain believes
Gibraltar was taken in the context of a Spanish dynastic dispute and
contests UK sovereignty over the entire peninsula. It also insists the cession
in the Treaty of Utrecht 1713 did not include the isthmus with the airport on
it and territorial waters.
Spain cites the
UN principle of territorial integrity, through UN Resolution 1514 (XV) - which says "any attempt at the partial or
total disruption of the national unity and the territorial integrity of a
country is incompatible with the purposes and principles of the Charter of the
United Nations".
It also argues two resolutions passed in the 1960s
under the UN Principles of Decolonisation - (2231 (XXI),
Question of Gibraltar and 2353 (XXII),
Question of Gibraltar), mean territorial integrity takes precedence over Gibraltar's right to
self-determination.
The UK's view
The UK notes
that Gibraltar was ceded by Spain in the Treaty of Utrecht 1713, giving
"the full and entire propriety of the town and castle of Gibraltar,
together with the port, fortifications, and forts there unto belonging...
forever, without any exception or impediment whatsoever".
It cites longevity
of occupation, and argues the UN principle of territorial integrity, as per
UN Resolution 1514 (XV) does not override the principle of
self-determination. The same resolution says: "All peoples have the
right to self-determination; by virtue of that right they freely determine
their political status."
"Gibraltar is much bigger than it was in 1713 -
some of the runway and housing on the west side is built on reclaimed land, and
the Treaty says nothing about reclaimed land, or territorial waters," says
Dr Chris Grocott, lecturer in economic history at Leicester University
What about
self-determination?
Spain's view
Spain also
argues two resolutions passed in the 1960s under the UN Principles of
Decolonisation do not recognise Gibraltar's right to self-determination. It
says Resolution 2231 focuses on the "interests" and not the
"wishes" of the people of Gibraltar.
Dr Gerry
O'Reilly, a senior lecturer in geography and international affairs at Dublin
City University, says up to the 1990s, Spain viewed the population of Gibraltar
as "a community artificially created from heterogeneous origins since 1713
by colonial processes" rather than indigenous, and therefore thought it
did not fulfil criteria for any form of nationhood that could be interpreted as
giving a right to UN "national'" self-determination principles.
However, since
2002 Spain has offered the people of Gibraltar the constitutional status of an autonomous
region/community within the Spanish state, he says.
The UK's view
There was a
referendum in Gibraltar in 1967, which called on both Spain and the UK to take
into account the "interests" of the people of Gibraltar. In it 12,138
of the 12,237 voters chose "voluntarily to retain their links with the
UK". The referendum was condemned by the UN General Assembly, and not
recognised by any international body or state. The UK promulgated the Gibraltar
Constitution Order in 1969, in which it was stated that: "Her Majesty's
government will never enter into negotiations under which the people of
Gibraltar would pass under the sovereignty of another state against their
democratically expressed wishes."
Gibraltar's
view: In the 2002 sovereignty referendum, voters overwhelmingly
rejected a plan to share sovereignty over Gibraltar between the UK and Spain.
Gibraltar believes the right of self determination was given to it by the UK in
1960, and that the UN Charter enshrines the right to self-determination of all
colonial peoples.
What about Ceuta
and Melilla?
Spain's view
Spain says the
situation with Ceuta and Melilla is completely different from that of
Gibraltar.
Both territories
are part of Spain itself, not a colony like Gibraltar. Both have been in
Spanish hands since the 16th Century, centuries before the modern state of
Morocco was born.
Spain claims
them on historical grounds, for national security reasons and UN
territorial integrity of the state principles. It stresses the majority of
residents are Spanish.
But O'Reilly
says any lasting resolution of Spanish and UK sovereignty issues must also take
cognizance of the Spanish-Moroccan territorial dispute on the southern shore.
For Morocco, resolution of the Anglo-Spanish issue should set a precedent for a
resolution of the Moroccan-Spanish sovereignty dispute in relation to the
Plazas.
The UK's view
Spain retains
five territories in north Africa - Ceuta, Melilla, Penon de Velez de la Gomera,
Alhucemas and the Chafarinas Islands. Ceuta and Melilla are the most famous.
Both are claimed by Morocco, which has compared the situation to Spain's claim
to Gibraltar. Both territories are on the Moroccan coast. The population of
both Ceuta and Melilla wish to remain Spanish.
Morocco argues
that the UN principles of decolonisation must be applied; that Spanish military
bases there threaten Moroccan security; and that the UN territorial integrity
principles also apply.
But, despite the
strong parallel, the UK doesn't bring up Ceuta and Melilla to reinforce
the case for the continuation of the status quo for Gibraltar.
Are there any
other underlying reasons?
Spain's view
Some have
suggested Spain is looking to divert attention from its own economic woes, or
to use the possible new restrictions to give itself a bargaining chip. Spain
has denied this.
It has accused
Gibraltar of being a corporate tax haven, allowing companies and wealthy
individuals to avoid paying millions.
Spain also
believes the border is being abused and draining Spanish resources. Smuggling -
cigarette smuggling in particular - is one bugbear, as is the alleged
circumventing of Spanish residency taxes.
Fishing rights
are another point of contention, with both sides complaining about incursions.
The UK's view
Although Gibraltar
is small, it is strategically important, standing at the mouth of the
Mediterranean. O'Reilly argues its location on the Strait gives it access to
one of the three most vital arteries in the world in terms of commercial
shipping, oil transportation and military-related transport.
The UK's
military base has historically been of huge significance - controlling
virtually all naval traffic in and out of the Mediterranean Sea and Atlantic in
WWII. The naval dockyard once dominated the economy. But according to Grocott,
Gibraltar is now less militarily significant. Tourism is one of the four
sectors that dominate the economy today - with most visitors coming from the
UK. Then there's the tax system which has attracted financial services firms.
What do leaders
say?
Spain's view
Spanish PM
Mariano Rajoy has said he hopes talks with the UK will end the current row over
Gibraltar but he's prepared to "take legal measures to defend the
interests of Spanish citizens".
Spanish Foreign
Minister Jose Manuel Garcia-Margallo has declared "the party's over".
He threatened to charge motorists 50 euros (£43) for crossing the border,
impose flight restrictions and investigate the tax status of 6,000
Gibraltarians who have properties in Spain. On recent occasions new, rigorous
border checks have resulted in six-hour queues.
The UK's view
Prime Minister
David Cameron has said he is very clear that the UK "will always stand up
for the people of Gibraltar".
He said a phone
conversation with Spanish PM Mariano Rajoy over the Gibraltar border checks
delays row was "constructive", and he had called because of
"serious concerns".
Gibraltar's
view: Gibraltar's chief minister Fabian Picardo has accused
Spain of "sabre-rattling like North Korea".
What do commentators say?
Spain's view
ABC, like many
Spanish papers, is wary about the arrival of three British warships in
Gibraltar, which it calls a "naval base that justifies a colony". The
paper notes the strength of the British military presence and Gibraltarian
opposition to Spanish actions. El Mundo says that long queues at the border are
also hurting people living in the Spanish border town of La Linea, especially
those close to the frontier gate. After a "relatively quiet" weekend,
it expects more tensions as tourists flock towards Gibraltar and the warships
loom on the horizon.
The UK's view
The Financial Times' Kiran Stacey says the row is a reminder of how Britain's remaining
colonial outposts can cause friction with allies and headaches in Whitehall.
"Gibraltar is unique in its potential to cause strife with an EU
ally," it says. It shouldn't get to a stage that it infects all other
parts of the bilateral relationship. The Economist thinks the latest confrontation will prevent a
settlement for yet another generation.