Gibraltar is a British Overseas Territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean Sea. During the early days of the British administration, Gibraltar was maintained primarily as a military outpost with limited attention paid to its role as a trading post. Initially long term settlement of Gibraltar was uncertain but as Spain's power waned it became established as an important base for the British Royal Navy. Throughout the 19th century there was conflict between the competing roles of military and trading posts, leading to tensions between the civilian population and the Governor of the day. Some Governors encouraged the development of the civilian role in government, while others regarded it as a nuisance. As a result, compared with other former British colonies, civilian Government in Gibraltar emerged largely in the 20th century as the needs of the civilian population were often considered by Governors as subordinate to the needs of the military. Since World War II, Gibraltarians have increasingly asserted their own individual identity. The Rock's relationship with Spain and the sovereignty dispute continues to affect the Politics of Gibraltar to this day.
Background The majority of the original Spanish population left Gibraltar following the Anglo-Dutch Capture of Gibraltar in 1704, taking with them the articles of the former Spanish administration.Jackson, 1990, pp. 101. As a result, the current constitution and laws of Gibraltar reflect English common law and Acts of Parliament.
In the 18th and 19th centuries, the remnants of the Spanish population were augmented by a settler population established as the British maintained a trading post alongside the military garrison.Dodds, 2004, pp. 18. As the number of inhabitants continued to grow, they found their political and legal standing became dependent on individual Governors and their commitment to the development of a civilian society.Dodds, 2004, pp. 19.
Initially, long term settlement of Gibraltar was not contemplated and on several occasions in the 18th century the British considered returning Gibraltar to Spanish rule.Jackson, 1990, Chapter 8: Gibraltar, the Bargaining Counter, pp. 115–132 In addition, several Spanish attempts to retake Gibraltar, most notably during the Great Siege of Gibraltar (1779–1783) meant that long term settlement was never inevitable. Gibraltar was unquestionably primarily a fortress and a colony second during the 18th century. During the 19th century, as Spain's power waned, the Napoleonic Wars reinforced the importance of Gibraltar as a fortress and Royal Navy base. It was officially declared a Crown colony in 1830.
Early developments
The first civil judiciary was authorised in 1720, with a separate criminal and civil jurisdiction for Gibraltar created in 1739. However, there were no civilian courts and jurisdiction was exercised by the military under the authority of the Governor. Justices of the peace were first appointed in 1753 and a vice admiralty court established in 1793 to provide for the public auction of enemy ships captured by the Royal Navy.
The first political advances took place during the governorship of Sir George Don which started in 1814. An Exchange and Commercial Library was founded in 1817, with the Exchange Committee initially focused on furthering the interests of merchants based in the fortress. The Exchange Committee evolved into an organ that provided for a local voice in government, although of itself it had no real powers.
Upon declaring Gibraltar to be a Crown Colony in 1830,Jackson, 1990, pp. 229 the 1830 Charter of Justice The Fifth Charter of Justice, Letters Patent dated 1 September 1830, established many features of the structure to the court system that is still in place today. It introduced the principle of the independence of the judiciary, the Supreme Court and appeals to the Privy Council. established an independent judiciary and a Supreme Court of Justice. This reflected the British colonial system, where individual colonies had their own, distinct governments, finances, and judicial systems. The Charter, however, fell short of explicitly providing for a local role in government, although responsibility for government of Gibraltar passed from the War Office to the newly created Colonial Office. The Gibraltar Police Force was also established following the model of the Metropolitan Police; the first British Overseas Territory to do so.Jackson, 1990, pp. 231
Although there was not an explicit role for the local population in government, Governor Sir George Don encouraged the development of the civilian administration. Following the establishment of the Exchange Committee by merchants and landowners, Don looked to the committee to provide a local voice. His successor Sir Robert Gardiner proved to be less keen, arguing that the needs of the civilian population were subordinate to the military garrison.Hills, 1974, pp. 379 Sir Robert suppressed a public petition from the Exchange Committee pressing for an enquiry into his administration in 1852 but was recalled to London in 1855 as unease in his administration grew.
The role of the civilian administration remained focused on law and order. Political development remained slow and largely limited by the role of Gibraltar as a fortress. An 1889 ordinance defined the rights to residency, highlighting the importance of native-born individuals. In 1910, the new governor Sir Archibald Hunter sought to administer Gibraltar primarily as a fortess, regarding the civilian population as something of a nuisance. Following disquiet in the civilian population, Sir Archibald was also recalled before his term of office ended.
It was not until 1921 that the first elections for a City Council in Gibraltar were held.
Development of the modern Government of Gibraltar
The outbreak of World War II in 1939 put an early end to the beginnings of self-government in Gibraltar. Gibraltar's strategic geographical position and the threat of bombing raids by the Axis powers led to the evacuation of most of the civilian population.Hills, 1974, pp. 422 Many were evacuated first to Morocco and later to the United Kingdom, others were taken to the Portuguese island of Madeira or the British colony of Jamaica. The evacuation led to conflicting emotions; on the one hand the experience of the Blitz strengthened British ties, while prejudice and racism encountered in the United Kingdom reinforced the sense of Gibraltarian identity. Spanish neutrality ensured Gibraltar was never the subject of a serious military threat but it led to the suspicion among evacuees that a deal had been done with the Fascist Dictator General Franco to return Gibraltar to Spain after the conflict.Dodds, 2004, pp. 20.
Foundation of the Association for the Advancement of Civil Rights
The situation led to the founding of the Association for the Advancement of Civil Rights (AACR) in Gibraltar in December 1942.Jackson, 1990, pp. 298 Led by Albert Risso the AACR was intended to represent and protect the rights of Gibraltarians. Joshua Hassan was instrumental in making the AACR a civil rights-based organisation inspired by an anti-colonial ideology. During the war the AACR received support from the then Governor General Mason-MacFarlane who encouraged the AACR to fulfil the representative role that the Committee of the Exchange and the Commercial Library used to fill. In 1945, the Colonial Office had offered a City Council with the same number of elected and nominated members. The AACR, along with the rest of representative bodies of Gibraltar declined the offer and asked for a majority of elected members. In April, the British authorities eventually gave way and a council where elected members outnumbered those nominated for the first time was established. In the elections held for City Council in July 1945 the AACR won all seven contested seats, with Joshua Hassan being elected the first post-war Chairman of the City Council.
Gibraltar Constitution order, 1950 In 1950, the Gibraltar Constitution Order and Gibraltar Election Rules ended the Governor's monopoly of legislative authority, with the formation of a Legislative Council. Subsequent amendments allowed for a majority of elected members in the assembly.Jackson, 1990, pp. 299
Gibraltar Constitution order, 1964 Early in 1964 a Constitutional Conference was held in Gibraltar, which recommended increasing the number of elected members from seven to eleven seats and abolishing the nominated members of the Legislative Council.Jackson, 1990, pp. 302. These recommendations were accepted and implemented in time for the 1964 elections.
Decolonisation agenda in the United Nations
In the 1960s, the United Nations push for decolonisation meant that the issue of Gibraltar was raised at the UN. Spain successfully lobbied to have the situation with Gibraltar raised at the Special Committee on Decolonization. Gibraltar was represented at the UN by Joshua Hassan and Peter Isola who denied that Gibraltar was an oppressed society and emphasised that Gibraltarians wanted to retain a connection with the United Kingdom:
The British Government developed a two-pronged approach to the decolonisation of dependent territories that were then still part of the British Empire. It encouraged the development of self-government with the aim of granting independence to any territory that wanted it. For those territories that wished to continue an association with the United Kingdom it would work with the democratically elected representatives to define arrangements that would permit it. In the opinion of the British Government, the position with regard to Gibraltar was complicated by provisions in the 1713 Treaty of Utrecht that required the British to offer the territory to the Spanish crown if Britain were to relinquish it, which limited the options for independence.Aldrich & Connell, 1998, pp. 161. The Government of Gibraltar does not share this opinion but so far has opted to retain the link with the United Kingdom.
Sovereignty Referendum, 1967
In response to continued pressure from Spain at the UN and a 1966 proposal from Spain on the transfer of sovereignty,Hills, 1974, pp. 456 a referendum on sovereignty was held in 1967.Kellerman, 2001, pp. 17. The referendum presented the following choices:
Although Spain was given the opportunity to explain its proposals it declined to do so.Hills, 1974, pp. 464 Nevertheless, it was widely covered in the Spanish media (available in Gibraltar), so the proposals were well known. The Special Committee on Decolonization was informed in advance of the referendum and invited to observe. The invitation was declined and instead the UN General Assembly passed Resolution 2353, which requested that the United Kingdom enter negotiations with Spain (then under the dictatorship of General Franco) and criticised the United Kingdom for holding a referendum. Resolution 2353 (XXII) was supported by seventy-three countries (mainly Latin American, Arab, African and Eastern European countries),Jackson, 1990, pp. 314 rejected by nineteen (United Kingdom and the countries of the Commonwealth of Nations), while twenty-seven countries abstained (Western Europe and the United States).
The results of the referendum were emphatic, with a turnout of 95.67% Gibraltarians voted by 12,138 (99.64%) to 44 (0.36%) to remain under British sovereignty. The referendum is commemorated by Gibraltar National Day, celebrated annually on 10 September.
Gibraltar Constitution, 1969