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Spanish claim does not impede Gibraltar's right to self-determination says the UK
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FULL TEXT of address to the UN Fourth Committee by Sir John Sawers, UK permanent representative:
Mr Chairman,
I would like to exercise our Right of Reply to the statement made by the distinguished representative of Spain about Gibraltar.
First, I would like to welcome the continued progress of the trilateral process of dialogue on Gibraltar between the Governments of the UK, Spain and Gibraltar. Last year we spoke about the historic package of agreements announced by the Tripartite Forum in September 2006 in Cordoba, Spain. Her Majesty?s Government is pleased to note, as the three Parties made clear in a Communique of March 2007, that implementation of the Cordoba agreements is on track and working well. These agreements, which have had a tangible impact on the quality of life of thousands of people in both Gibraltar and in Spain, underline the value of three-way dialogue which is without prejudice to respective differences on sovereignty. In this way, greater understanding develops.
The Cordoba agreements are without prejudice to the UK and Spain?s respective positions on sovereignty on which Her Majesty?s Government notes that the UN does not take a view.
I should also comment on the new Gibraltar Constitution. Her Majesty?s Government welcomes the people of Gibraltar?s decision in a referendum to accept the new Constitution which came into force on 2 January 2007. The new Constitution provides for a modern relationship between Gibraltar and the UK. We do not think this description would apply to any relationship based on colonialism.
As is well known, Her Majesty?s Government regrets that the Committee of 24's outdated approach seems not so far to have allowed for this to be recognised. The criteria used by the Committee in its deliberation on whether a Non-Self governing Territory should be ?de-listed? fail to take into account the way that relationships between the UK and Gibraltar and other Overseas Territories have been modernised in a way that is acceptable to both parties. Her Majesty?s Government shares the view of the Chief Minister of Gibraltar that Gibraltar is now ?politically mature? and the UK-Gibraltar relationship is ?non-colonial? in nature.
As a separate territory, recognised by the United Nations and included since 1946 in its list of non-self governing territories, Gibraltar enjoys the individual and collective rights accorded by the UN Charter. The new constitution therefore confirms the right of self-determination of the Gibraltarian people, the realisation of which must be promoted and respected in conformity with the provisions of the UN Charter and any other applicable international treaties.
Gibraltar's right of self-determination is not constrained by the Treaty of Utrecht except in so far only as in the view of Her Majesty?s Government Article X gives Spain the right of refusal should Britain ever renounce sovereignty. Thus, while noting that Gibraltar does not share the view that this constraint exists, it is the position of Her Majesty?s Government that independence would only be an option with Spanish consent. Her Majesty?s Government recognises that the act of deciding on their acceptance of the new constitution in the referendum was an exercise of the right of self-determination by the Gibraltarian people in that context. The referendum, organised by the Government of Gibraltar, with the unanimous approval of the then Gibraltar Assembly constituted a democratic, lawful and entirely proper act.
The Constitution does not in any way diminish British sovereignty of Gibraltar and the UK retains its full international responsibility for Gibraltar including its external relations and defence, and as the Member State responsible for Gibraltar in the EU. This fully accords with the freely expressed wishes of the people of Gibraltar in that respect.
For the record, Her Majesty?s Government does not accept that the principle of territorial integrity has ever been applicable to the decolonisation of Gibraltar. Nor, does Her Majesty?s Government accept with respect to the conclusions of the C24 seminar report, that the existence of a sovereignty dispute implies that the people of Gibraltar do not have the right of self-determination.
Her Majesty?s Government reaffirms 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. Her Majesty?s Government therefore confirms that it would not enter into a process of sovereignty negotiations with which Gibraltar is not content. Given these previously stated commitments, while this year the UK will again be part of the consensus decision on Gibraltar, any reference to the Brussels Process needs to be understood in this context. In light of this, the implications of Gibraltar?s well-known view of the Brussels Process, as regards to both sovereignty and bilateralism between Spain and the UK, are clear.
Her Majesty?s Government continues to enjoy very cordial relations with Spain and will continue to work amiably on all Gibraltar-related issues.
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