On 23 June 2016, more than 83% of Gibraltarians registered to vote turned out for the Brexit referendum. The three political parties represented in their Parliament had taken position in favour of staying in the European Union. The result of the vote echoed this: 95.91% of votes cast were for remain, an absolute record out of all of the regions concerned, far ahead even of Scotland (62%). The United Kingdom might then have had the generosity to send out a message along the lines of: “OK, friends, the people have spoken, we respect your wishes and will not force you to come along with us on our Brexit adventure. Furthermore, you are southern Europeans, you live a long way from British shores. Your future lies within the EU, which will be imaginative enough to give you your own tailor-made status. What’s more, the UN will be happy”. It did nothing of the kind and the territory of Gibraltar remains part and parcel of what became a third country at the beginning of 2020.
In reality, things are not quite that easy. The Pillars of Hercules have been steeped in mythology since ancient times. This 14-kilometre strait, providing easy access to the Mediterranean, has always been highly desirable real estate. In 1492, the Muslims ended up conceding to Spanish troops, which were in turn vanquished by Anglo-Dutch forces in 1704. The Treaty of Utrecht made Gibraltar a British Crown territory in 1713. That was more than three centuries ago: the world has changed a great deal everywhere, but this scrap of land, with an area of less than 7 km², is largely invariable. All Spanish attempts to reclaim the Rock by force have failed. In 1830, Gibraltar officially became a British colony “in perpetuity”.
Only once in history have the British ever even considered giving up Gibraltar. This was in June 1940. Franco, the story goes, was offered a deal: in exchange for handing back the Rock, the Perfidious Albion wanted a foothold on a Moroccan territory that included both Rabat and Casablanca, then under French protectorate, where there were plans to establish a naval base. The proposition was turned down; at the time, Franco expected years of German domination. Yet Gibraltar ended up being a key naval base in Allied offensives from 1943 onwards. This military dimension still exists and goes a long way to explaining the British intransigence.
In 1965, the United Nations General Assembly voted through a resolution calling for Spain and the United Kingdom to start talks to put an end to a situation described as colonial. The following year, Madrid proposed the repeal of the Treaty of Utrecht, a status for the inhabitants backed by the United Nations and a specific agreement on the military base. The response came in the form of a self-determination referendum held on 10 September 1967, giving the people of Gibraltar the choice between moving under Spanish sovereignty and staying British. More than 99% of them voted in favour of the status quo. Having to decide between Franco’s dictatorship and British democracy was, admittedly, not an especially tough call. A furious Franco closed the border between the two entities, a situation that would endure from June 1968 to January 1985.
In 1973, United Kingdom became a member of the European Communities. In a declaration appended to the accession treaty, it stipulated that the Gibraltarians were included among its nationals. However, VAT, customs union and common policies in the fields of agriculture, trade and fisheries would not apply on Gibraltar. Spain, which itself became a member state in 1986, did not change its stance, demanding that the territory be restored to it. The Straits of Gibraltar have themselves since acquired an international status, confirming that the idea of controlling the doorway to the Mediterranean was an outdated fantasy.
Gibraltar has long had its own constitution. The one drafted in 2002, more than the version from 1969 which it replaced, stresses the principle of self-determination. Feeling marginalised in all discussions between London and Madrid, however infrequently these occur, the local authorities arranged a new referendum in 2002 to test the idea of Spanish-British co-sovereignty. The concept was rejected by 99% of the voting public. Spanish control is clearly not a popular idea on the Rock! Gibraltar is, furthermore, highly prosperous and has an unemployment rate of just 1%, while its neighbour’s economic situation is less appealing – and that has not really changed much since then.
The enclave, which some 33,000 souls call home, enjoys political and administrative autonomy other than for foreign affairs, defence and internal security. Every four years, the Gibraltar elect their 17 members of Parliament. The government is accountable to the Parliament. Although Queen Elizabeth II is still the head of state, she is represented by the Governor, who appoints the government and a number of civil servants and has authority over the Royal Gibraltar Police. As far as the UN is concerned, Gibraltar is still on the list of countries to be decolonised (non-self-governing territories) and every year, the General Assembly votes on a decision on Gibraltar, urging the parties to agree on a definitive solution. The most recent available working document drafted by secretary general dates from February 2020 and is well worth a read (http://bit.ly/3vBWvDO ).
In the view of the Court of Justice of the EU, however, Gibraltar’s special status by no means makes it a member state: the freedom to provide services between the tiny territory and the United Kingdom proper does not come under EU law (judgement of 30 June 2017 (see EUROPE 11807/23). As for the Council of the EU, the expression “British colony” is accepted by the Twenty-Seven, but it is a matter of debate at the European Parliament.
The European Commission has had Gibraltar on its agenda many times. In the framework of competition policy, for instance, it keeps an eye on tax rules that might not necessarily be compatible with the rules on State aid (see EUROPE 12163/3). To complete its work on the ‘single European sky’ (see EUROPE 11236/17) and the rules on airline passengers’ rights (see EUROPE 12425/3), Gibraltar airport was an immediate problem. More interestingly, the Commission has been called upon to arbitrate, having sent its experts on a fact-finding mission to verify the freedom of movement of people and goods on the border – known as the Línea – between the Rock and Spanish soil (see EUROPE 10964/10 and 11114/10).
Symbolising the increasing importance attached to the EU by local MPs, Gibraltar opened a Representation to the EU in Brussels in May 2015. At the time, the Chief Minister, Fabian Picardo, told EUROPE: “we should be able to have influence at European level just like any other organisation that shapes the single market” (see EUROPE 11323/26). (To be continued)
Renaud Denuit