Gibraltar, a British Overseas Territory, located at the southern tip of the Iberian Peninsula, is the subject of a territorial claim by Spain. It was captured in 1704 during the War of the Spanish Succession (1701–1714). The Spanish Crown formally ceded the territory in perpetuity to the British Crown in 1713, under Article X of the Treaty of Utrecht. Spain later attempted to recapture the territory during the thirteenth siege (1727) and the Great Siege (1779–1783). British sovereignty over Gibraltar was confirmed in later treaties signed in Seville (1729) and the Treaty of Paris (1783).
Reclamation of the territory became government policy under the dictatorial regime of Francisco Franco, and this policy has remained in place under successive governments following the Spanish transition to democracy. The Gibraltarians themselves reject any such claim and no political party or pressure group in Gibraltar supports union with Spain. In a referendum in 2002 the people of Gibraltar rejected a joint sovereignty proposal on which Spain and the United Kingdom were said to have reached "broad agreement". The British Government now refuses to discuss sovereignty without the consent of the Gibraltarians, whereas Spain insists on a bilateral agreement with the UK over sovereignty.
In 2000, a political declaration of unity was signed by the members of the Gibraltar Parliament; according to the Gibraltar government, "In essence the declaration stated that the people of Gibraltar will never compromise, give up or trade their sovereignty or their right to self-determination; that Gibraltar wants good, neighbourly, European relations with Spain; and that Gibraltar belongs to the people of Gibraltar and is neither Spain's to claim nor Britain's to give away."
The United Nations understanding of the positions of each party is set out in their 2016 report. The UN currently lists Gibraltar as a Non-Self-Governing Territory.
Background and history
Capture of Gibraltar and the Treaty of Utrecht
Gibraltar was captured in 1704 by a force led by Admiral Sir George Rooke representing the Grand Alliance on behalf of the Archduke Charles, pretender to the Spanish Throne. After the battle, almost all of the inhabitants decided to leave.Maurice Harvey (1996). Gibraltar. A History. Spellmount Limited. p. 68. . Spanish attempts to regain the territory in the Twelfth siege of Gibraltar failed, and it was eventually ceded to the Kingdom of 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 to 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."
Should the British Crown ever wish to relinquish Gibraltar, a reversion clause holds that the territory would first be offered to Spain: "And in case it shall hereafter seem meet to the Crown of Great Britain to grant, sell or by any means to alienate therefrom the propriety of the said town of Gibraltar, it is hereby agreed and concluded that the preference of having the sale shall always be given to the Crown of Spain before any others."
Furthermore, the Treaty stipulates "that the above-named propriety be yielded to Great Britain without any territorial jurisdiction and without any open communication by land with the country round about" (although there is dispute over whether this disclaims territorial jurisdiction over Gibraltar, or over the "country round about") and 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. The British Government and the Government of Gibraltar have argued that the membership of both Gibraltar and Spain in the European Union (EU) — Gibraltar was included as a Special member state territory when the United Kingdom joined the EU in 1973; Spain joined the EU in 1986 – superseded such restrictions as the EU is committed to free movement of goods and services. The effect of Brexit on Gibraltar is unclear.
Spanish irredentism
There has been strong Spanish objection to the separation of Gibraltar from Spain since British acquisition in the Treaty of Utrecht (1713) in the aftermath of the Spanish War of Succession.Tibor_Frank, Frank Hadler. Disputed territories and shared pasts: overlapping national histories in modern Europe. Palgrave Macmillan, 2011. p. 339.
Calls for Gibraltar to rejoin Spain was sometimes paired with a desire for Spain and Portugal to merge into one unified Iberian nation. During the Spanish Civil War, both the Carlists and the Falange promoted the incorporation of Gibraltar into Spain, along with Portugal. The Carlists stated that a Carlist Spain would retake Gibraltar and conquer Portugal.M. K. Flynn. Ideology, mobilization, and the nation: the rise of Irish, Basque, and Carlist national movements in the nineteenth and early twentieth centuries. Palgrave Macmillan, 1999. p. 178. After the victory of the Nationalist faction led by Francisco Franco in the Civil War, radical members of the Falange called for the incorporation of Gibraltar into Spain, along with Portugal and the French Pyrenees.Stanley G. Payne. Fascism in Spain, 1923–1977. Madison: The University of Wisconsin Press, 1999. p. 331.
Desire for Spanish control over Gibraltar was also sometimes paired with desire to maintain Spanish colonial control over Morocco, especially in the years following the Second World War. According to the Africanist Tomás García Figueras "Spain and Morocco are like two halves of the same geographical unity". Historian Jaume Vicens Vives (1940) talked about a "vital space" conceptualised as a "geopolitical basic unit". Rodolfo Gil Benumeya traced the links back to the Neolithic Era, pointing to a common Ibero-Berber people living on both sides of the Strait. Gil Benumeya and Hernández Pacheco stressed the strengthening of those links due to Morocco once being "Mauritania Tingitana", part of the Roman Diocese of Hispania. Some of these authors, transcending historical arguments, even pointed at the Spanish-African union during "the Tertiary Epoch" when the Strait did not exist.
Differing positions The United Nations regards Gibraltar as a Non-Self-Governing Territory administered by the United Kingdom of Great Britain and Northern Ireland. Its report of February 2016 sets out the differing views of the various parties relating to Gibraltar.
The Gibraltar Constitution Order 2006 (UK) established a form of government for Gibraltar, with the governor of Gibraltar being responsible for the conduct of external affairs, defence, internal security and for certain appointments to public office, and the Government of Gibraltar being responsible for all other matters. The UK believes that as an independent territory, recognised by the United Nations, Gibraltar enjoys the individual and collective rights that are set out in the 2006 constitution and the right of self-determination.
Spain disputes the legality of the 2006 constitution and claims that it does not change the status of Gibraltar as a British colony with only the UK having right to discuss Gibraltar matters at the international level.
The territorial government of Gibraltar, based on law in the 2006 constitution, collects its own taxes and budgets its costs and capital expenditure, with maximum personal tax rates of 28% and company tax of 10%. Spain notes that the European Commission is investigating the tax regime of Gibraltar and that Spain considers Gibraltar a tax haven. The UK believes Gibraltar meets all EU laws relating to anti-money-laundering, direct taxation and financial supervision.
Gibraltar has a robust financial regulation system with anti-tax-evasion agreements including exchange of tax information agreements with 79 countries including all the EU countries, except Spain which has not responded. The UK asked for Gibraltar to be subject to an EU evaluation of its anti-money-laundering controls. Spain recalls that crimes of tobacco smuggling and money-laundering from Gibraltar had been noted in an EU anti fraud report in 2014.
Until July 15, 2026, crossing the land border between Gibraltar and Spain was subject to checks. Spain stressed that checks are not politically motivated, it being necessary to ensure strict compliance with EU border regulations to counter the common illicit trafficking issues and that Spain complies with the recommendations from the EU to improve the border crossing. The location of the checkpoint did not conform to the border recognised by Spain. The airport is a military area where civilian aircraft are permitted to operate. Spain claims the airfield is occupied illegally by the UK. The UK claims its sovereignty extends over the isthmus area on which the airfield is built. The UK also claims a three-mile limit in the territorial waters around Gibraltar whereas Spain claims maritime rights to all areas except inside the ports on Gibraltar. UK claims of incursions of Spanish vessels into Gibraltar territorial waters are considered by Spain to reflect routine activity of Spanish ships in their own waters.
In 2004 a system of trilateral discussion began with Spain, the UK and Gibraltar participating. The discussions ended in 2010 with the UK and Gibraltar asking for their continuance from 2012 to 2014. Spain stating they believed the forum no longer existed and that only ad hoc discussions on local issues should take place with Campo de Gibraltar also included.
In 2015 the UK reaffirmed its claim to sovereignty, that Gibraltar had its right to self-determination set out in the 2006 constitution and that the UK would not enter into any sovereignty discussions unless Gibraltar agreed and further that the UK was committed to safeguarding Gibraltar, its people and its economy. The UK claimed sovereignty over land extended over the sea to a limit of three miles or to the median line under the UN convention on the Law of the Sea. Any discussion must include Gibraltar as their constitution gave them sole powers over many issues.
Gibraltar claimed it remained the last colony in Europe only because the Government of Spain insisted the inalienable principle of self-determination should not apply to Gibraltarians, with Spain blocking the annual request for Gibraltar to be removed from the UN list of non-self-governing territories. The Gibraltarian government asserts that Gibraltar has been effectively decolonised.
British position In his evidence to the UK Parliament Foreign Affairs Committee in 2008, Jim Murphy MP, Minister of State for Europe stated:
The UK Government will never enter into an agreement on sovereignty without the agreement of the Government of Gibraltar and their people. In fact, we will never even enter into a process without that agreement. The word 'never' sends a substantial and clear commitment and has been used for a purpose. We have delivered that message with confidence to the peoples and the Governments of Gibraltar and Spain. It is a sign of the maturity of our relationship now that that is accepted as the UK's position.
The British Government has ruled out the independence of Gibraltar because, according to the British view, under the Treaty of Utrecht it would require Spanish consent,Statement in the House of Commons by The Secretary of State for Foreign and Commonwealth Affairs, Mr. Jack Straw, 27 March 2006 and has ruled out Gibraltar's integration into the United Kingdom.
The option of integration was rejected on 26 June 1976, when the British Government issued the Hattersley Memorandum ruling out integration to "avoid innovations which might result in prolongation of the frontier restrictions imposed by Spain."Written answer of Mr. Hattersley to Mrs. Hart, HC Deb 3 August 1976 vol 916 cc726-7W.
Gibraltarian position