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Constitution confirms Gibraltar?s right to Self-Determination
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Minister for Europe Geoff Hoon yesterday said in the House of Commons that the new constitution confirms the right of self-determination of the Gibraltarian people.
He also limited full self-determination by also saying that the Treaty of Urecht constrained that right only insofar as the refusal clause gave Spain first option to sovereignty if Britain ever renounced it.
Gibraltar's right to self-determination rules out independence. But the Gibraltar government were quick to say that they do not agree with the UK that the Treaty of Utrecht has this effect. "However, this is academic since Gibraltar wishes to retain British sovereignty and does not seek independence," said a statement.
Other main points from Mr Hoon's answer -
- He reiterates what Jack Straw set out last March in that the new constitution provides for a modern and mature relationship between the UK and Gibraltar, adding that he did not think that this description would apply to any relationship based on colonialism.
- The realisation of Gibraltar's right to self-determination must be promoted and respected in conformity with the provisions of the UN Charter and any other applicable international treaties.
- The British Government recognises that the act of deciding on their acceptance of the new constitution in the forthcoming referendum will be an exercise of the right of self-determination by the Gibraltarian people in that context.
- The new constitution does not in any way diminish British sovereignty and gives Gibraltar much greater control over its internal affairs and that degree of self-government compatible with British sovereignty and the UK's continuing international responsibilities.
- He also restates what Mr Straw said about the UK's long-standing view that none of its remaining overseas territories, including Gibraltar, should remain on the UN list of non self-governing territories. The UK does not engage formally to seek the removal of any of the overseas territories from the UN list.
The 'Despatch' will re-state the UK's long-standing commitment 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. The Despatch will be published today at the same time as the Gibraltar Constitution Order.
The Gibraltar Government said it "warmly welcomes" the statement by Mr Hoon that the UK recognises that the forthcoming referendum on the constitution will be an exercise of the right of self-determination by the people of Gibraltar in the context of the UN Charter.
It adds: The statement that the UK will consider our referendum to be an act of self-determination now clears the way for the Gibraltar government to convene the referendum on the new constitution.
"We will get, if approved in a referendum (which the UK agrees is an act of self-determination), a constitution which ends the process of achieving self-government for Gibraltar for as long as we wish to retain our British sovereignty and our constitutional links with UK," said chief minister Peter Caruana.
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