MercoPress. South Atlantic News Agency

Gibraltar/UK talks on constitutional reform

United Kingdom and Gibraltar are scheduled to meet next week in Lancaster House for the final meeting on constitutional reform for the Rock.

Chief Minister Peter Caruana said he hoped negotiations with the Foreign Office would conclude successfully next March 15/17 and that the agreement would open the door to continue the tripartite dialogue that includes Spain.

The most controversial issue in the coming London meeting is the inclusion or not of a reference to Gibraltar's self determination. Mr. Caruana advanced that Spanish authorities would accept such a reference as long as it did not contradict the Utrecht Treaty by which Spain handed the Rock's sovereignty to Britain in 1713.

"It's perfectly possible" that the Gibraltar constitution "has a reference to self determination that does not violate the rights that Utrecht provides Spain", which stipulate that Spain has the first option if the United Kingdom gives up Gibraltar's sovereignty. "Even when Gibraltar does not accept that those rights really exist", he added.

The constitutional reform draft which has been discussed by London and Gibraltar since December 2004 includes two references to self-determination, in the introduction and in the first article of the text.

Apparently Gibraltar officials proposed a change in the latest preamble emphasizing that modifications to the constitution by means of a local referendum, is an "act of self determination" which would enable the maximum level of self government for the Rock.

The first chapter of the constitutional draft underlines the protection of citizens' fundamental rights including a reference to the Untied Nations International Convention on Political and Social Rights which stipulates all peoples have the right to self determination.

This has been signed and ratified by Spain and the United Kingdom, and is also included in the Falkland Islands constitution, so Gibraltar is demanding from London the same right.

The Gibraltar constitutional reform process began in 1999 with the creation of a five members committee three from government and two from the opposition. In 2002 the two references to self determination were included, although they were presented to London in December 2003.

A nine members Committee was later created to negotiate with London. It was made up of three members from government, two from the opposition and four Gibraltar personalities.

So far the Committee has held two meeting, December 2004 and September 2005, with the British delegation headed by Dominick Chilcott, who also leads the London representation to the tripartite dialogue forum with Spain.

The Opposition says it will reserve its position until the discussions with UK take place later this month but "nonetheless remain fully committed to a new constitution which decolonises Gibraltar as a result of the referendum being called to allow the people of Gibraltar to exercise their right to self-determination".

It adds that these views will be put by Opposition Leader Joe Bossano and Dr Joseph Garcia directly to the British Government next week.