Select Committee on Foreign Affairs Appendices to the Minutes of Evidence


APPENDIX 9

Memorandum submitted by Sir Robert J Peliza KBE

Following the publication of the reply of the Secretary of State for Foreign Affairs to the Fourth Report of the Foreign Affairs Committee on Gibraltar, I hasten to meet the dateline of 72 hours with my comments and request that they be submitted to the Committee for their kind attention.

  1.  To make comments on each and everyone of the enumerated answers given by the Secretary of State would be repetitive in many respects and tedious to read. I have therefore confined my observations to those issues that I deem to be crucial in any attempt to stop the economic and diplomatic war of attrition that Spain has been waging against British Gibraltar for the past 50 years. The Spanish campaign to annex Gibraltar has been going on since General Franco was pampered by some of the victorious nations of World War II including Great Britain. Over these past fifty years the British Government has not come out with a positive plan of action to dissuade Spain from pursuing their objective. That the British Government should use its resources to put an end to Spain's hostile policy against British Gibraltar is obviously the view of the Committee. Everybody in Gibraltar appreciate the efforts put in by the Committee and are sincerely grateful to the Chairman and all concerned. The people of Gibraltar cannot understand the impotence of the Foreign and Commonwealth Office in combating Spain's hitherto successful endeavours in the United Nations, the European Union and NATO.

  2.  This inexplicable impotence is perceived in many of the answers of the Secretary of State where FCO "robust" reaction have proved ineffective for the past half century. Their failures taken as a whole paint a lamentable picture of British foreign policy on Gibraltar. It shows that there is no pro-active and positive plan to deter Spain from pursuing its continuous hostile campaign. It is hard to believe that this is the best the Foreign Office can give. If so, it augur no good for Britain whether in the heart of Europe or on its fringes. Therefore this omnipresent Foreign Office debility is of great concern to the Gibraltarians as it endangers their British and human rights.

  3.  My comments that follow below, are on the crucial issues that should have been answered by the Secretary of State in his "Response" with assertive announcements of action and not with more of the same rhetoric of the past 50 years if he was to be taken seriously by his counterpart in Spain. The suggestion that above all maintaining good relations with Spain is best for Gibraltar is a fallacy as proved over the last five decades.

    (a)  On constitutional development, paragraph (19), it is clear that the Charter of the United Nations supersedes the Treaty of Utrecht. On this question the Secretary of State should seek an opinion of the International Court of Justice as called for by the Chief Minister and Leader of the Opposition of Gibraltar in the United Nations. He should not follow the Spanish line which denies self-determination to the people of Gibraltar and restricts any development in the constitutional relationship between the United Kingdom and Gibraltar freely chosen by the British People of Gibraltar, such as Integration with Britain. The three leading political parties favour Integration with Britain in one form or another but the Secretary of State has ruled it out on the grounds that it is not in the interests of the people. What is in the best interests of the people is best known by the people themselves. I would urge the Committee to consider supporting the Chief Minister's and Leader of the Opposition's proposition on this vital issue.

    (b)  On Gibraltar's representation in Parliament, paragraph (18), once again the Secretary of State has adopted a position of wait and see. He has said nothing about consulting Gibraltar or committing himself to support Gibraltar's views by making representation to the Commission. It is obvious that the position of British Gibraltar would be strongly reinforced politically, in the domestic and international domains by having a Representative in the British Parliament. It would send the signal to Spain to lay their hands off Gibraltar. So why has he not acted in this robust manner? Perhaps because he follows the Foreign Office advice that this would upset the good Anglo/Spanish relations that in their view has served Gibraltar well for the past fifty years? Maybe the Foreign Office would compromise by having a Member representing all the Overseas Territories. This would give them the excuse to placate Spain with assurances that it was not a sign of the hardening of Britain's position on Gibraltar but just a move to fall in line with all the other European former colonial powers, including Spain, that have representative of their former colonies in their respective parliaments.

    (c )  On the Brussels Agreement, paras (19), (20), (21) and (22), the Secretary of State insists that the Agreement has to be honoured. In doing so, he is supporting a deal between a past British Administration and the Spanish Foreign Ministry that was acquiesced by the Gibraltar Chief Minister under duress and accorded by the British Government to avoid having to veto Spain's accession to the European Community. As a quid pro quo Spain re-established freedom of movement between Gibraltar and Spain as required under the Treaty of Rome. Clearly Spain has not abided in full by her side of the bargain as is evident by the constant border restrictions. Furthermore the Agreement is derived from a United Nations Resolution primarily intended to encourage Britain and Spain to negotiate the integration of Gibraltar to Spain as the appropriate form of decolonisation. In the Brussels Agreement process the Airport Agreement was hatched. It was rejected by the House of Assembly. It was also in the Brussels Agreement process that Sr Matutes tabled his Proposals that have been rejected by all the political parties and pressure groups in Gibraltar. Representations from all concerned have been made for the Proposals to be rejected by the Secretary of State. They are serving no good purpose and are a source of friction. They clearly to not provide a way for reconciliation. Furthermore the Spanish Government do not mince their words when threatening with the closure of the border and as a foretaste of the threat they impair the freedom of movement short of closing the gates, contrary to the Spirit and letter of the Treaty of Rome. By acting robustly and justifiably ending the Agreement, the Secretary of State would communicate to his Spanish counterpart that blackmailing tactics are not tolerated by the British Government.

    (d)  On the Airport and NATO, paras (3) and (15), it needs reminding that this is a most sensitive issue in Gibraltar. From experience the people are aware that the Airport is the lifeline of Gibraltar. It was the Gibraltarians' access to the outer world when Franco, for 15 years, turned this British territory into a post war concentration camp. The loyal British people of Gibraltar fought with Britons in Gibraltar, and overseas, and partook in the war effort in London, against the Nazis and Fascists, precisely to end concentration camps and the general oppression they symbolised. Yet Her Majesty's Government shamefully did nothing effective to get Franco to end the savage blockade. So any attempt to use the British Government ownership of the Airport to make a new deal on the Airport without the approval of the Gibraltar House of Assembly will meet with fierce resistance from almost every Gibraltarian man, woman and child. It is therefore proper and prudent that the Secretary of State should make it known that nothing will be done without prior consultation with the Gibraltar Government and the Opposition, since it is right and wise that at the end of the day any new agreement on this most crucial question carries the blessing of the consensus of the House of Assembly. Few people in Gibraltar would want the Airport to cease to be an RAF air base and would welcome its use by NATO. Indeed Gibraltarians lament that after the Secretary of State announced that Britain would veto Spain joining the military structure of the alliance unless she lifted the ban on military planes using the airport over flying Spain, Britain gave in. As a result of this climbdown, Gibraltar ceased to be a NATO base and the ban remains. This kind of chickening out by Britain, in this instant and in many other cases, such as on the Air Liberalisation Agreement, quite naturally emboldens Spain to take a harder line on matters involving Gibraltar, and on other United Kingdom issues, confident that Britain will not put up a robust enough fight.

    (e)  On the European Parliament, paragraph (13), it is encouraging to learn from the Secretary of State that "the Government is working hard to ensure that this extension of the franchise to Gibraltar is achieved before the 2004 European elections". If Mr Cook succeeds in achieving it, he will wipe out an undeserving black stain in the grand image of British democracy since it was the British Government in 1976 that deliberately failed to enfranchise Gibraltar and thereafter did not accede to the repeated representations on enfranchisement made by the people of Gibraltar until a Gibraltarian damsel put to the test in the European Court that Britain was in violation of human rights by denying the vote to the people in the territory of Gibraltar.

  I feel grateful to the Committee for throwing so much light on the question of Gibraltar and thus contributing to make the British Parliament conscious of how Spain is contriving by foul means to force the Gibraltarians to surrender their British homeland. It also serves to urge the British Government to fulfil their obligations as a caring mother country of the Gibraltarians and to decolonise the territory in accordance with their democratically expressed wishes. However, if the past is the teller of the future, the aim may not be reached if the Committee does not continue to monitor to their completion the progress of their recommendations. Finally, since what is happening in Gibraltar is a symptom of failure in British diplomacy widely, if the Committee contribute to make British foreign policy more assertive generally, it will make Britain more influential in the Commonwealth, the United States of America, and Europe and thereby promote peace and prosperity, a most worthy world mission on which Great Britain can rightly boast of having a record of achievement second to none.


 
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