MercoPress. South Atlantic News Agency

Gibraltar Constitution referendum, “an act of self determination”

The British government will not enter into a process (with Spain) of sovereignty negotiation with which Gibraltar was not content, stated the UK Deputy permanent representative and Ambassador to United Nations Karen Pierce.

The British representative told the UN Fourth Committee on Decolonization last week that Gibraltar enjoys rights accorded by the UN Charter, and except for the Treaty of Utrecht that rules out independence and is a constraint on self determination, the British Government is clear that the forthcoming referendum in Gibraltar on the new Constitution will be an act of self-determination.

Ms Pierce also made clear that the British Government rules out the application of the principle of territorial integrity.

Spain's insistence on territorial integrity as either ruling out or conditioning self-determination is at the root of the fact that, since the 1990s the European Union has been unable to make a statement on decolonization to the Fourth Committee.

The UK spokesman said the British Government enjoys very cordial relations with Spain as a friend in the EU and NATO and the UN.

Responding to the Spanish ambassador's invitation to comment on the new Constitution Ms Pierce said that following an extended period of negotiation between the British Government and a delegation representing Gibraltar, led by the Chief Minister of Gibraltar, a new draft Constitution for Gibraltar had been agreed.

"This provides for a modern and mature relationship between the UK and Gibraltar. Her Majesty's Government does not think that this description would apply to any relationship based on colonialism. And you also heard the Chief Minister of Gibraltar state his view that the UK-Gibraltar relationship is "non-colonial" in "nature", she said.

Ms Pierce said that the new Constitution will shortly be put to the people of Gibraltar in a referendum to be organized by the Government of Gibraltar and that "Her Majesty's Government recognizes that the referendum will be an exercise of the right of self-determination by the people of Gibraltar as set out to the UK Parliament on 4 July 2006".

The UK, she said, is ready to assume its international and national responsibilities. Britain's view on ?de-listing' territories from the UN's list of Non-Self Governing Territories is, declared Pierce, well known, including to the Special Committee on Decolonization.

"It is also the view of Her Majesty's Government that the criteria used by the Committee of 24 in its deliberation on whether a Non Self Governing Territory should be ?de-listed' are outdated, and fail to take account of the way that relationships between the UK and its Overseas Territories have been modernized, in a way that is acceptable to both parties. At the same time, the United Kingdom does not believe that the principle of territorial integrity is applicable to the decolonization of Gibraltar".

The UK delegate said that Britain warmly welcomes the historic outcome of the forum and the Cordoba tripartite talks and believes that "despite the well known differences on sovereignty matters it is possible for the three parties to work together for the benefit of the people of Gibraltar and the surrounding region".

On the question of sovereignty, Ms Pierce declared that the UK stands by its longstanding commitment to the people of Gibraltar that the UK will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their wishes".

"In the light of this commitment, Her Majesty's Government would not enter into a process of sovereignty negotiations with which Gibraltar was not content," she added.

The UK delegate stated "for the record" that the UK has no doubt that, as a separate territory, recognized by the United Nations and included since 1946 in its list of non-self governing territories, Gibraltar "enjoys the rights accorded by the UN Charter".

Britain, she said, therefore supports the right of self determination of the people of Gibraltar "promoted in accordance with the other principles and rights of the UN Charter, except in so far only, as in the view of Her Majesty's Government, Article X of the Treaty of Utrecht gives Spain the right of refusal should Britain ever renounce sovereignty".

Ms Pierce added that it is the position of Her Majesty's Government that "there is no constraint to that right, except that independence would only be an option for Gibraltar with Spain's consent". .