Gibraltar Constitution Order 2006

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The Gibraltar Constitution Order 2006 was a new constitution for Gibraltar which was given effect by an Order-in-Council on December 14, 2006 and came into force on January 2, 2007.[1] It aimed to provide a modern constitutional relationship between Gibraltar and the United Kingdom, not based on colonialism.[2]

Contents

[edit] Origin

Although the 1969 Constitution gave Gibraltar a large measure of self-government, by 2003 it was felt that it required revision and a cross-party committee of the Gibraltar House of Assembly was set up to consult with interested parties and produce a revised constitution. This was then agreed with the United Kingdom and the agreed text finalised as the 2006 Constitution.

[edit] Contents

The Constitution is the "primary, supreme and most important law" in Gibraltar, taking precedence over all others. The new Constitution confirms that the people of Gibraltar have the right of self-determination and that the realization of this right must be promoted and respected in conformity with the provisions of the UN Charter and any other applicable international treaties.[1] The constitution does in no way diminish British sovereignty of Gibraltar, and the United Kingdom retains its full external responsibility for Gibraltar. The Preamble to the Constitution reasserts HMG’s commitment to the historic sovereignty preamble and sets out the history of these constitutional reform proposals and negotiations. Gibraltar remains listed as a British Overseas Territory in the British Nationality Act 1981, as amended by the British Overseas Territories Act 2002.[3]

The proposed constitution had been negotiated with the British Government by a delegation representing Gibraltar comprising the Government, the Opposition and others. The text of the proposed new Constitution had been welcomed by the House of Assembly in a motion passed unanimously with the support of both sides of the House.

Among changes introduced by the new constitution were:

  • Renaming the House of Assembly to the Gibraltar Parliament.
  • Renaming "Members of the House of Assembly" to "Members of Parliament" (MPs).
  • Removal of the two un-elected members of the House of Assembly
  • Increasing the number of elected representatives from 15 to 17, with the parliament able to legislate to increase this number.
  • Decreasing the Governor's powers, and transferring some of these to elected officials.
  • Modernisation of the relationship between Gibraltar and the UK, without affecting the issue of sovereignty.
  • A bill of "fundamental rights and freedoms" enshrined in the constitution.

[edit] Response

Chief Minister Peter Caruana
Chief Minister Peter Caruana

Writing to the Spanish Foreign Minister, Jack Straw stated:

My own view [is] 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.[4]

In the foreword of an explanatory leaflet issued by the Government of Gibraltar for the proposed new constitution, Chief Minister Peter Caruana said that he:

wholeheartedly commends [this new Constitution, which is] the culmination of many years of political effort by the Gibraltar Government, other elected members of the House representing the Opposition, and others.

He further added:

this new Constitution modernises the quality of democracy in Gibraltar (and the democratic rights of the people of Gibraltar), bringing them much closer to normal European standards, by upgrading and modernising the status, role and functions of the democratic institutions of the people of Gibraltar.

Caruana also stated:

Gibraltar has always been politically most secure when we have advanced constitutionally. This is because constitutional stagnation suggests that we are stuck in the past until we agree to things that we do not want. That is not good for Gibraltar. This Referendum is thus important for Gibraltar. The opportunity that it presents to us is unlikely to come again for a long time, if at all. Please therefore vote.[5]

[edit] Criticisms

The constitution has been criticised by a number of groups. The minority rights pressure group Equality Rights GGR, who have called it "gravely deficient" and a "missed opportunity", for failing to fully incorporate the European Convention on Human Rights. [1].

The Self Determination for Gibraltar Group also criticised the constitution and campaigned for a No vote in the constitutional referendum. They said in a press release that the new constitution "is not the act of self-determination which will decolonise us" and that it "is as colonial as its 1964 and 1969 predecessors." [2][3]

[edit] See also

[edit] References

  1. ^ a b Letter dated 22 January 2007 from the Permanent Representative of the UK to the United Nations addressed to the Secretary-General. Gibnet. Retrieved on 2007-07-26.
  2. ^ A new constitution for Gibraltar:Explanatory Booklet. Government of Gibraltar. Retrieved on 2007-07-26.
  3. ^ Statement by Jack Straw on Gibraltar and the New Constitution. FCO, London. Retrieved on 2007-07-26.
  4. ^ Statement to the House of Commons. Gibnet. Retrieved on 2007-07-26.
  5. ^ Caruana uses explanatory leaflet to promote Yes vote. Gibfocus. Retrieved on 2007-07-26.

[edit] External links