Politics of Gibraltar

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See also Disputed status of Gibraltar.

The Politics of Gibraltar are unique to the territory. Gibraltar is part of the European Union, having been the only British Overseas Territory which joined the EC under the British Treaty of Accession (1973).

Spain continues to persist with a three hundred year old territorial claim, which is considered Irredentist and which is totally rejected by 99.5% of the Gibraltarian population[1]

Gibraltar political activity takes place in a framework of a parliamentary representative democratic dependency, whereby the Chief Minister is the head of government, and of a pluriform multi-party system. Gibraltar is an overseas territory of the United Kingdom, with full internal self-government under its 1969 Constitution. The preamble to that Constitution states that "Her Majesty's Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.".[2]

Gibraltar
This article is part of the series: Politics and government of Gibraltar

Governor Sir Robert Fulton Chief Minister Peter Caruana Opposition Leader Joe Bossano House of Assembly Political parties Elections: 2007 2006 referendum Politicians Disputed status of Gibraltar See also Politics of Spain Politics of the U.K.
Other countries · Politics Portal view • talk • edit

1 Relations with Spain
2 Executive branch
- 2.1 The Governor
- 2.2 The Executive
3 The Legislature
4 Political parties and elections
5 Pressure Groups
6 Constitutional Reform
7 European election 2004
8 References
9 External links

[edit] Relations with Spain

In a referendum on September 10, 1967, the people Gibraltar voted by 12,138 to 44 to reject the transfer of sovereignty to Spain and to remain under British sovereignty. This day is now celebrated as Gibraltar's National Day. In a referendum organised by the Government of Gibraltar on November 7, 2002, voters overwhelmingly rejected the principle that Spain and the United Kingdom should share sovereignty over Gibraltar, by 17,900 votes to 187 on a turnout of almost 88%.[3]

Unlike most other British colonies, Gibraltar has not been offered independence by the UK. It has been suggested that this is on the grounds that the Treaty of Utrecht, under which Spain ceded the territory to the British Crown, and which states that should the British Crown wish to dispose of Gibraltar, it must be first offered to Spain. However, the Gibraltar Government has pointed out at the UN that Article 103 of the UN Charter overrules and annuls this "reversionary clause".

Neither the United Kingdom, nor Spain seem keen to test the legal status of Clause X of the Treaty of Utrecht in court. The remaining parts of the treaty that regulated such things as the slave trade, and the transfer of Minorca to the British, have become obsolete.

Spain argues that Gibraltar's status is an anachronism, and that it should become an autonomous community of Spain, similar to Catalonia or the Basque Country. It also argues that the principle of territorial integrity, not self-determination applies, drawing parallels with the British handover of Hong Kong to the People's Republic of China in 1997. However, at the same time, successive Spanish governments have refused to countenance the handover of their north African enclaves of Ceuta and Melilla to Morocco. The Junta de Andalucia (Its elected regional Government) believes that Gibraltar should be integrated into its regional autonomy.

The Gibraltarians continue to assert that they are British not Spanish.[4] HMG repeatedly states that there can be no change in the status of Gibraltar without their democratic consent.[5]

The Gibraltar Government has asked the UN Committee of 24 to refer the issues to the International Court of Justice for an advisory opinion, but Spain has lobbied against this. The Gibraltar Government has also invited the Committee to visit the territory, but so far, despite no objection from the United Kingdom, they have not.[6]

The 2006 constitution further increases the level of self-government in the territory, and the colonial status of Gibraltar is now considered to be over. In a letter ^[1] to the United Nations describing this, the British Ambassador states I do not think that this description would apply to any relationship based on colonialism.

[edit] Executive branch

Main office holders
Office	Name	Party	Since
Queen	Elizabeth II		6 February 1952
Governor	Lieutenant General Sir Robert Fulton KBE		2006
Chief Minister	Peter Caruana	GSD	17 May 1996

As an overseas territory of the UK, the head of state is Queen Elizabeth II, who is represented by the Governor of Gibraltar. The UK retains responsibility for defence, foreign relations, internal security and financial stability.

[edit] The Governor

Queen Elizabeth II is represented by the Governor and Commander-in-Chief, presently Lieutenant General Sir Robert Fulton KBE (appointed 2006). The Governor appoints the leader of the largest party in the unicameral House of Assembly, as Chief Minister, along with other members of the Council of Ministers. In addition, he appoints the Financial Development Secretary and the Attorney-General, who are ex officio members of the House of Assembly. They, along with the Governor, the Deputy Governor and the Chief Minister, are members of the advisory Gibraltar Council. The Governor is also directly responsible for the local police force, known as the Royal Gibraltar Police, while the Deputy Governor is responsible for public service appointments. The Governor is not involved in the day-to-day administration of Gibraltar, and his role is largely as a ceremonial head of state. The Governor officially appoints the Chief Minister and government ministers after an election. He is responsible for matters of defence, security and the Royal Gibraltar Police.

[edit] The Executive

The Government of Gibraltar is elected for a term of four years. The head of Government is the Chief Minister, currently Peter Caruana. There are three political parties currently represented in the House of Assembly: Gibraltar Social Democrats; Gibraltar Socialist Labour Party; and Gibraltar Liberal Party. The present Chief Minister is the Hon Peter Caruana, QC, of the Gibraltar Social Democrats (GSD), who have been in office since May 17, 1996, and were returned to power in elections held on February 10, 2000, and November 27, 2003. The Leader of the Opposition is the Hon Joe Bossano, of the Gibraltar Socialist Labour Pary (GSLP), which is in coalition with the Liberal Party of Dr Joseph Garcia. All parties support Gibraltar's right to self-determination, and reject agreements with Spain on the issue of sovereignty. Traditionally, the GSLP has been more hardline towards Madrid, the GSD more conciliatory, although less so in government than in opposition.

[edit] The Legislature

The Gibraltar House of Assembly

The Gibraltar House of Assembly consists of fifteen elected members, the Speaker, and the two ex officio members. Under the electoral system of partial bloc voting used since 1969, voters must choose eight candidates, who need necessarily not be from the same party but usually are. The winning candidates are then chosen by simple plurality; consequently, a party seeking to form a government stands eight candidates, and the result is usually that eight of the elected seats are won by the most popular party which forms the elected Government; the remaining seven are usually won by the 'best loser' which forms the opposition. The last election was held on November 27, 2003.

See below for recent results.

[edit] Political parties and elections

For other political parties see List of political parties in Gibraltar. An overview on elections and election results is included in Elections in Gibraltar.

[discuss] – [edit]
**Summary of the 28 November 2003 Gibraltar House of Assembly election results**
Parties	%	Seats
Gibraltar Social Democrats	51.5	8
Gibraltar Socialist Labour Party	39.7	5
Gibraltar Liberal Party	39.7	2
Gibraltar Labour Party	8.3	-
Ex-officio members (retired under new constitution)		2
Total (turnout %)		17
Source: Parties and elections

Since the 2003 election the Reform Party has dissolved, with the party leader and others now involved in Friends of the Earth (Gibraltar). The Labour Party has merged with the Gibraltar Social Democrats.

A new party,New Gibraltar Democracy has announced it will contest the next election. New Gibraltar Democracy advocates the imposition of more checks and balances on the exercise of power by the local government. It objects to proposed new constitutional reforms which, it says would give even more unfettered powers to the executive. NGD claims that the two main parties are out of touch with people's expectations and make up for their lack of ideas through Orwellian style propaganda.

In June 2006 the Progressive Democratic Party(PDP) was formed and announced it will be presenting a full slate of candidates and enters the political arena as “a fresh, positive and modern alternative,” to both the ruling Gibraltar Social Democrats and the Opposition GSLP/Liberals.

The Progressive Democratic Party declares it is founded on several basic pillars;

A fundamental belief and respect for democracy, social justice and equality;
Adherence to the inalienable and unqualified right to self-determination of the people of Gibraltar;
The promotion of liberty, social and economic responsibility;
The enhancement of individual and collective freedoms;
A belief in fair, open and continually accountable government;
The desire to foster sustainable development, public participation and the enhancement of the quality of life of the people of Gibraltar

[edit] Pressure Groups

In addition to the parties there are a number of pressure groups active in Gibraltar, not aligned to any political party.

[edit] The Women's Association

The Gibraltar Women's Association was founded on the 15 February 1966, by Mrs Mariola Summerfield and Mrs Angela Smith.

It was originally known as the Gibraltar Housewives Association, and subsequently, in the early eighties it was changed to the Gibraltar Women's Association keeping in with more modern times that not all women were just housewives.

[edit] Equality Rights - GGR

Probably one of the most interesting social phenomena in Gibraltar was the launch in September 2000 by Felix Alvarez of a lesbian gay bisexual and transgender rights organisation GGR.

However, the open and challenging campaigns this NGO has put to the fore of Gibraltar issues has meant that GGR has become Gibraltar's premier Human Rights organisation.

As such GGR is now known as Equality Rights GGR reflecting the fact that although it still defends sexual minorities it is also highly active on issues regarding the disabled, British residents' rights, and issues regarding the protection of children against sex abuse amongst others.

The phenomenon has meant that more and more sectors of the Gibraltar community have found encouragement to bring forward their own issues in an equally forthright manner.

This can be seen not only with the growth of environmentalist groups but also citizens groups fighting against development and planning of construction projects. In a way, this NGO phenomenon is perhaps the most interesting political development in Gibraltar since the foundation of the Association for the Advancement of Civil Rights (AACR) in the 1940s as a result of the WWII experience.

Local politics has for decades revolved upon Sovereignty issues, allowing for local politicians to construct whole careers on this one item whilst allowing Gibraltar to stay behind on social issues wherein the rest of Europe has moved forward.

[edit] The Environmental Safety Group

The ESG is a registered Gibraltar charity which works to safeguard the Environment of Gibraltar and the Bay area, including air, land and marine aspects. The group campaigns to protect local ecology from pollution and contamination and to promote public safety in all matters relating to the welfare of our community.[7]

[edit] The Voice of Gibraltar Group

The 2002 Referendum Campaign

The VOGG is a long running group which has the objective of defending the rights of Gibraltarians against external threats. It engages in public debate, and protest action where appropriate. As a non-political pressure group, its members represent a wide cross section of the community.

It was particularly active in canvassing a 'NO' note in the 2002 referendum, when it toured the housing estates with a loudspeaker van and invited guests from all parties to address residents, culminating with the Chief Minister at Convent Place, after the result was announced.

[edit] Constitutional Reform

[edit] Select Committee Proposals

In 1999, the Government of Gibraltar established a Select Committee on Constitutional Reform, to consider how the 1969 Constitution should be reformed. It envisaged decolonisation by creating a modern and non-colonial relationship with the United Kingdom. A draft Constitution was published in 2002, which envisaged the following:

The right to self-determination being enshrined in the preamble, as in the Falkland Islands.

The replacement of the Governor by a Lieutenant Governor, as in the Channel Islands and the Isle of Man, as the Queen's representative, with the office of Deputy Governor being abolished.

The abolition of the office of the Financial Development Secretary, whose functions would pass to an elected member of the Council of Ministers, with the Attorney-General being similarly appointed.

The House of Assembly, henceforth called the Gibraltar Parliament, to consist solely of elected members, and to be able to determine its own size

The abolition of the Gibraltar Council (presently obsolete), and its replacement by a Consultative Council for European Union matters, consisting of Gibraltar and UK Ministers

The right of the Government of Gibraltar to dispose of Crown lands in Gibraltar

In March 2006, Jack Straw, the UK Foreign Secretary announced in the British House of Commons that the details of a new constitution had been agreed. There are some differences between the draft constitution and the one to which the UK agreed, namely that the Governor's title will remain unchanged, and that the Police Authority will remain independent of the Government of Gibraltar.

[edit] New Constitution 2006

The long awaited new constitution will be put to a referendum in Gibraltar and if approved will in effect remove any residual element of colonialism. Writing to the Spanish Foreign Minister, Jack Straw stated:

My own view that the label "colonial" is misleading and anachronistic in this context; regardless of the United Nations dimension. As Peter Caruana and I said in our joint statement on Monday, the new Constitution provides for "a modern and mature" relationship between the UK and Gibraltar. I do not think that this description would apply to any relationship based on colonialism.[8]

After several months of political wrangling the Gibraltar Government published the draft Constitution Order, which includes the existing preamble promising that there would be no transfer of sovereignty against the wishes of the Gibraltarians and a new addition explaining the status. [9]

Whereas Gibraltar is part of Her Majesty’s dominions and Her Majesty’s Government have given assurances to the people of Gibraltar that Gibraltar will remain part of Her Majesty’s dominions unless and until an Act of Parliament otherwise provides, and furthermore that Her Majesty’s Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes:

And whereas the people of Gibraltar have in a referendum held on [date] freely approved and accepted the Constitution annexed to this Order which gives the people of Gibraltar that degree of self-government which is compatible with British Sovereignty of Gibraltar and with the fact that the UK remains fully responsible for Gibraltar’s external relations.

Based on this wording and the Statement of the Minister for Europe in the House of Commons, the Gibraltar Opposition now support the new Constitution. [10]

The proposal was put to the people in a referendum and approved. The constitution took effect in 2007 and 29 January declared a public holiday to celebrate this.

[edit] Integration with the UK

A group in Gibraltar has campaigned in favour of a far closer relationship with the UK, in the form of devolved integration or incorporation into the UK itself. This is similar to what was offered to Malta in 1955. The Rock would be represented in the British House of Commons, while retaining internal self-government. This would be a similar status to France's Overseas Departments, and indeed to Spain's North African enclaves, Ceuta and Melilla, claimed by Morocco. One of Spain's arguments in rejecting comparisons between Gibraltar and these territories, is that they are part of Spain, whereas Gibraltar is merely a British crown colony, and not part of the UK. [11]

However, the British Foreign Office rejected the idea in 1976, along with independence, on the grounds that any further constitutional reform or decolonisation would have to take into account the so-called 'Spanish dimension'. Many in Gibraltar, including the present Government, have also argued against integration on the grounds that it would mean the surrendering of many existing powers of self-government.

While there is still considerable emotional attachment to the idea of Gibraltar being British, some see the Rock's future as being within a larger 'Europe of the Regions', rather than as part of one nation state or another.

[edit] Condominium

The idea of a condominium, with sovereignty shared between the UK and Spain has even less support in Gibraltar. The suggestion was made on a BBC Television programme made in Gibraltar on the eighties by a UK politician, and attended by Fernando Moran, prior to becoming foreign minister of Spain and re-opening the land frontier. The suggestion was for a status similar to that of Andorra, in which Queen Elizabeth II and King Juan Carlos would be joint heads of state, in the same way that President of France and the Spanish Bishop of Urgell are Co-Princes of Andorra.

This would give Spain a symbolic constitutional role in Gibraltar, but would not go far enough for Spain towards effective Spanish control of the Rock. Even a symbolic role would be a step too far for most Gibraltarians.

[edit] European election 2004

Main article: European Parliament Election, 2004 (Gibraltar).

Although affected by European Union law, Gibraltar had not voted in elections for the European Parliament. This changed in the 2004 election, when it was included as part of the South West England region, as its electorate of 20,740 is too small to justify a single seat.

This was the first UK election Gibraltar has ever participated in. The Conservative Party took 69.52% of the vote, which has generally been interpreted as a protest against the handling of Gibraltar by the Labour Party. The Conservatives also campaigned more strongly, with the support of the Gibraltar branch of the party, and a visit from the party leader Michael Howard.