Disputed status of Gibraltar

See also History of Gibraltar
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 99% of the
inhabitants of Gibraltar rejected this in a referendum, Spain has
indicated it is prepared to listen to the views of the people
most affected. However, as of November 2004 nothing of a positive
nature has been seen in this 'improvement in relations'.

Spain continues to claim the terrority as 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.

As the UK and Spain are both members of the European Union, which
is committed to free movement of goods and services, this supersedes
any 'restrictions' contemplated in 1704.

Note: *Spain now argues that the territory ceded did not include what is now the airstrip, and that this land was unjustly annexed in later years. Similarly they claim the large amount of land reclaimed from the sea is 'fraudulent'.

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 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. Gibraltar's territorial waters currently extend up to 3 nautical miles, 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

The British Statement

1953: rekindling the dispute

In 1953, after HM The Queen visited Gibraltar, Generalissimo Franco publicly renewed Spanish claims to the Rock. Based on British National Archive 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 this happening.

The Spanish Government has also accused Gibraltarian motorboats of helping in tobacco smuggling. However, there is a law against fast launches making illegal 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. 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 Whitehall. This proposal, called by the Gibraltans 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 has a non-nuclear policy. 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: