Letter to the Chairman of the Committee
from the Chief Minister, Government of Gibraltar, 17 December
2004
I thought that you would wish to be aware of
certain recent, and we believe, positive developments in relation
to relations between Gibraltar and Spain and the issue of dialogue.
In August this year, the new Spanish Foreign
Minister, Sr Moratinos, publicly signalled a desire on Spain's
part to establish better relations with Gibraltar through a process
of dialogue focusing on co-operation, which was not linked to
progress for Spain on her claim to the Sovereignty of Gibraltar.
We responded positively to this indication, which is compatible
with our long standing position on dialogue without sovereignty
implications. I subsequently met twice with the Director General
for Europe and the Americas of the Spanish Foreign Ministry, Sr
Pons, to assess whether the opportunity really existed for such
a process in a way that would be viable for us.
It became clear that Spain appeared to be willing
to radically alter the methodology and ground rules for dialogue,
as part of professed new approach to her management of the Gibraltar
issue and seeking better relations with Gibraltar
Of course, Spain has made it clear that her
ultimate objective remains the recovery of Sovereignty. We, for
our part have in turn made it clear that our objective remains
securing respect for our right to self determination and to remain
British for as long as we wish We have thus made it crystal clear
to the Spanish Government, both publicly and privately, that she
is not entitled to expect any progress or quid pro quo on sovereignty
in exchange for us embarking on this process of dialogue in relation
to issues of co-operation, or in exchange for measure which she
or we may take pursuant to co-operation and a desire for improved
relations.
This has been the Gibraltar Government's policy
since May 1998. I believe that it is a sensible and reasonable
policy and that you and the Foreign Affairs Committee share that
view.
Further contacts were then made with Spanish
officials on the terms and modalities of such dialogue. As you
know, our position has, from the outset been that two features
had to be present to make dialogue viable for us. First, the dialogue
could not be bilateral between UK and Spain, since this is intrinsically
incompatible with out political lights as a people. This means
that Gibraltar would have to be present with its own separate
voice. ie trilateral.
Second, the dialogue had to be safe for Gibraltar.
This means that agreements would require the agreement of the
three parties to the dialogue. This has, in the past been unfairly
and disparagingly described as an unreasonable demand for a veto.
We never thought that it was unreasonable, and, indeed, Malcolm
Rifkind and Robin Cook agreed to that in 1986 and 1997, respectively.
At that time, however, we were refused a separate voice.
Later, in 2000-01 we were deprived of the so-called
veto, and were offered a separate voice through the "two
flags three voice" formula. In short therefore, in the past,
we have enjoyed each of the two conditions separately but at different
times. We had never been given them both together.
On 27 October the British and Spanish Foreign
Secretaries met in Madrid and issued the attached joint press
statement (Annex 1) based on the earlier discussions to which
I had been party. Indeed I was party to the negotiation of the
language of the Foreign Secretaries' joint statement, and agreed
to it.
I enclose also (Annex 2) a copy of a statement
I made in the House of Assembly in relation to this matter on
1 November 2004.
I met again with the Directors for Europe of
both Foreign Ministries at Chevening House on 8 and 9 December
to work out modalities for this new process of dialogue. This
meeting was successful and has culminated in the issue yesterday,
of a joint press release by the UK, Spanish and Gibraltar Governments
establishing the new forum for dialogue, and its modalities. I
enclose a copy of that joint statement (Annex 3).
You will see that the architecture and focus
of the now forum is entirely different from the existing Brussels
Process and meets all of our requirements. The salient features
are:
1. It is a new forum, outside the Brussels
Process.
2. It is a process of dialogue and not a
process of negotiation.
3. It is dialogue on an open agenda basis,
and thus not predetermined on any issue, including sovereignty.
Indeed, the word sovereignty is not mentioned. Because the agenda
is open, Spain is, of course, free to raise for discussion, the
issue of sovereignty. But neither we nor HMG are required to negotiate
on Sovereignty nor to make sovereignty concessions;
4. The three parties take part "on the
same basis" and Gibraltar has its own separate voice.
5. Any decisions or agreements reached within
the forum must be agreed by all three sides.
I also enclose (Annex 4) a copy of a unilateral
press release issued by the Gibraltar Government, also on 16 December,
commenting on this agreement, and the future of the Brussels Process.
The Foreign Secretary, Jack Straw, has confirmed
to me in writing that there is no question of a separate bilateral
negotiation over sovereignty between the United Kingdom and Spain.
The Gibraltar Government is delighted with this
agreement which, we believe, represents success, at long last,
for our policy of reasonable and safe dialogue with respect for
our well known views on the issue of Gibraltar.
You will also wish to know that Spain has already
removed the restrictions on Cruise Ships sailing to and from Gibraltar
and Spanish ports. Spain has also removed the prohibition on diverted
Gibraltar flights being able to land at Malaga. It will no longer
be necessary to visit Tangier first. In addition, the flight will
be able to proceed directly from Malaga to Gibraltar, if the inclement
weather or other reason for the diversion clears. If the flight
ends at Malaga, cargo and mail may, unlike now, also be disembarked
and proceed to Gibraltar by road.
These are a welcome first step in the lifting
of unnecessary and unjustified restrictions. We will obviously
be pressing for others, including telephones and border.
Spain has also indicated a willingness to reach
a new airport agreement, without sovereignty implications, that
will enable its greater use. We have agreed to meet and work to
try and reach such agreement acceptable to alt sides.
Please feel free to circulate this briefing
letter as you consider appropriate.
The Hon Peter R Caruana QC
Chief Minister
Government of Gibraltar
17 December 2004
Annex 1
PRESS RELEASE ON GIBRALTAR
The Ministers for Foreign Affairs of Spain and
the United Kingdom, Miguel Angel Moratinos and Jack Straw, have
met in Madrid on 27 October 2004. During their meeting they discussed
Gibraltar.
The Ministers have agreed to consider and consult
further on how to establish a new forum for dialogue on Gibraltar,
with an open agenda, in which Gibraltar would have its own voice.
The modalities for this dialogue will be agreed by all the concerned
parties.
Minister Straw welcomes the decision of the
Spanish Government to promote local cooperation between Gibraltar
and its surrounding area. Both Ministers are glad about the establishment
of a Joint Committee Gibraltar Government-Mancomunidad del Campo
de Gibraltar to promote the identification and implementation
of mutually beneficial local cooperation projects and wish to
set out their support for this initiative because of its intrinsic
value and the confidence-building atmosphere that it could create.
It is understood that for the Spanish government this local co-operation
is within the objectives of the Spanish government in relation
to the sovereignty of Gibraltar. It is also understood that the
British government fully maintains its commitment to honour the
wishes of the people of Gibraltar as set out in the preamble of
the 1969 Constitution.
In the Annex are set out several co-operation
measures to facilitate the start of the work of the previously
mentioned forum.
ANNEX
— To explore the possibilities to reach
an agreement on the airport of Gibraltar under a formula acceptable
to all parties.
— To allow the inclusion of Spanish
airports as alternative airports in the flight plans whose final
destination is the airport of Gibraltar.
— To establish a technical working
party to examine and to exchange information on the pensions issue
of Spanish ex-workers in Gibraltar, without prejudice to any outcome
in respect thereof.
— The Spanish Government shall allow
calls at Spanish ports of all pleasure cruise liners having the
port of Gibraltar as a previous or subsequent port of call, without
any restriction.
Madrid, 27 October 2004
Annex 2
STATEMENT IN HOUSE OF ASSEMBLY BY THE CHIEF
MINISTER, THE HON PETER CARUANA QC, ON 9 NOVEMBER 2004
Mr Speaker,
As members of the House will know, the Foreign
Secretary, Jack Straw and the Spanish Foreign Minister, Miguel
Angel Moratinos met in Madrid on the 27 October 2004 for a wide
ranging bilateral meeting between them. This was not a Gibraltar
specific meeting (still less a meeting under the Brussels Declaration),
but Gibraltar was discussed.
The House will also be aware that, since August
this year I have been having informal contacts with the Director
General for Europe and the Americas at the Spanish Foreign Ministry,
Sr Jose Pons. These contacts, which I welcome, responded to a
conciliatory statement by Sr Moratinos published in the El
Pais Newspaper on 4 August 2004. In which he indicates a desire
to have improved relations with Gibraltar and co-operation regardless
of whether or not there was progress on Spain's sovereignty claim.
I look forward to these informal contacts continuing and restate
my offer to meet with Spanish Foreign Office ministers at any
time.
I have of course also been in contact with The
British Foreign Office and with the Foreign Secretary, Jack Straw,
to whom I wrote prior to his meeting with Sr Moratinos setting
out the Gibraltar Government's position. The purpose of that letter
was to ensure that the Foreign Secretary was personally aware
of the basis of our contacts with the Spanish Foreign Ministry
and of the basis of our willingness to engage in a process of
co-operation with Spain, namely, that It was de-coupled from the
question of sovereignty and concessions on sovereignty, and that
there could be no "quid pro quo" on sovereignty
negotiations in exchange for co-operation. I informed the Foreign
Secretary that Gibraltar's position on sovereignty remained unchanged,
as does our opposition to any resumption of Sovereignty transfer
negotiations between the UK and Spain. This is well understood
by both Her Majesty's Government in the UK and by the Spanish
Government
Although we reject and oppose Spain's sovereignty
claim, we understand that she has not renounced it, that she professes
a determination not to do so and that she will be careful in the
forthcoming process of co-operation and in any process of dialogue
to avoid steps which prejudice her sovereignty claim. Indeed,
we understand that, for Spain, even co-operation is in the context
of her objectives in relation to the Sovereignty of Gibraltar.
Spain is free to have and to pursue whatsoever objectives she
chooses. That is a matter for her.
We for our part, will be similarly and equally
careful to ensure that there is no prejudice to our position and
objectives on Sovereignty, on self determination, and on Constitutional
Reform. We have the comfort and security of knowing that we are
able to prevent the achievement of any objectives with which the
people of Gibraltar do not agree. That is very important for us.
The House will also wish to know, and I am certain
will welcome the fact, that the Foreign Secretary, Jack Straw
was in touch with me directly during his meeting with Sr Moratinos
in order to secure a position and statement, agreeable to all
parties concerned. I wish to record my thanks to the Foreign Secretary
for that.
As a result of all these contacts the Gibraltar
Government has been fully involved in the setting up of the initiative
for local co-operation, and also in the drawing up of the joint
press statement by the two Foreign Ministers, including the paragraph
relating to the setting up of a new forum for dialogue.
I wish to repeat in this House the Gibraltar
Government's satisfaction and contentment with the joint statement.
I authorised the Foreign Secretary to say this on my behalf during
his Press Conference in Madrid, but I think it appropriate to
repeat it in this House. We believe that the statement represents
a positive outcome for Gibraltar on terms acceptable to all sides
and success for our longstanding policy in relation to the terms
and purpose of dialogue.
We welcome particularly the move towards the
establishment of a new forum for dialogue on Gibraltar with an
open agenda, in which Gibraltar would have its own voice. This
is what the Gibraltar Government has been seeking arid working
to achieve since 1996. Indeed, all previous Gibraltar Governments
and political parties have called for it. We are delighted that
we may now be able to achieve it.
The joint statement by the two Foreign Ministers,
while already saying that it will be a new forum, that it will
have an open agenda arid that Gibraltar will have its own voice,
(all of which are important changes) acknowledges that the modalities
for this dialogue will need to be agreed by all the parties concerned,
ie by Gibraltar as well. This too is important. Our longstanding
position in this regard is very well known. The dialogue must
be safe for Gibraltar, and that means no agreements on anything
without our agreement. We will engage positively and constructively
with London and Madrid to work out the details of the modalities
for this dialogue.
The House will also be pleased to know that
the British Government's position is now that dialogue with Spain
over Gibraltar can only take place provided that the Gibraltar
Government has an equal footing in that dialogue, ie agreement
will require all parties' acceptance, and that discussion takes
place on the basis of a genuinely open agenda.
We welcome also the possibility of replacement
of the Brussels Declaration with a process viable and acceptable
to most people in Gibraltar as well as to the other two parties.
This will be greatly welcome to all those people in Gibraltar,
(of whom I recognise there are many) who felt that the Brussels
Declaration could not be modified to make it desirable for Gibraltar
to take part in.
We also welcome the realisation by all parties
that the 1987 Airport Agreement is no longer relevant or appropriate,
just as we welcome the opportunity to explore the possibilities
to reach an agreement on the airport of Gibraltar under a formula
acceptable to all parties. We hope that, through its expanded
and joint use, the airport will be a positive factor for the benefit
of the continuation of the economic and social development of
both Gibraltar and the Campo. It is deafly understood by all that
as far as we are concerned this must have no adverse sovereignty
implications for us.
We welcome and applaud Spain's decision to immediately
lift restrictions relating to Cruise ships and diverted flights.
As a result Cruise ships that have come from, or are going on
to, Gibraltar will no-longer risk exclusion from Spanish ports
nor have any restrictions placed on them. Also, flights that need
to divert from Gibraltar due to bad weather will now be able to
divert directly to a Spanish Airport without the need to first
visit Tangier or another third country airport.
The British Government has agreed to establish
a technical working party to examine and to exchange information
on the pensions issue of Spanish ex-workers in Gibraltar. This
is without prejudice to any outcome in respect thereof. The Foreign
Secretary has accepted that our own agreement of the language
of the joint statement does not mean that we would agree to pay
any upgraded pensions that may in the future be paid. Our position
on this remains unchanged.
Mr Speaker, the Gibraltar Government greatly
welcomes the new climate of relations that is potentially made
possible by these developments. It remains to be seen whether
the opportunities are grasped and the potential benefits to people
on both skies of the frontier are harvested. Spain has said that
she wants to end the policy of obstruction (subject to not prejudicing
her Sovereignty claim). She has said also that she wants a new,
non-hostile relationship with Gibraltar and its people. We welcome
that and will contribute as we can to the creation of that new
climate. But the people of Gibraltar will judge Spain by her actions
and not just her words.
Some people have asked, "why the sudden
change of policy"? I believe that the maturity and success
of our international political campaign to resist the joint sovereignty
initiative, including the Gibraltar Government's Referendum of
November 2002, and its result, has demonstrated to the world,
to the UK and even to Spain, that we have come of age politically
to the point where it is no longer viable or realistic for anyone
to disregard us, or our wishes, or to us like someone else's possession.
We in the Government see these potential developments as important
and as a vindication of our policy since May 1996, and we look
forward to participating with confidence and security in any new
process of open agenda dialogue on the terms that we have been
advocating since 1996 in the knowledge that everyone knows and
understands what the position of Gibraltar is on Sovereignty,
that it has not changed and that there can be no negotiations
to transfer our sovereignty without our consent.
Mr Speaker, I attach to my statement, which
I lay in this House, a copy of the text of the joint statement
dated 27 October 2004 by Messrs Straw and Moratinos.
Annex 3
JOINT PRESS RELEASE ON GIBRALTAR BY JACK
STRAW AND MIGUEL ANGEL MORATINOS, 27 OCTOBER
The Ministers for Foreign Affairs of Spain and
the United Kingdom, Miguel Angel Moratinos and Jack Straw, have
met in Madrid on 27 October 2004. During their meeting they discussed
Gibraltar.
The Ministers have agreed to consider and consult
further on how to establish a new forum for dialogue on Gibraltar,
with an open agenda, in which Gibraltar would have its own voice.
The modalities for this dialogue will be agreed by all the concerned
parties.
Minister Straw welcomes the decision of the
Spanish Government to promote local cooperation between Gibraltar
and its surrounding area. Both Ministers are glad about the establishment
of a Joint Committee Gibraltar Government-Mancommunidad del Campo
de Gibraltar to promote the identification and implementation
of mutually beneficial local co-operation projects and wish to
set out their support for this initiative because of its intrinsic
value and the confidence-building atmosphere that it could create.
It is understood that for the Spanish government this local co-operation
is within the objectives of the Spanish government in relation
to the sovereignty of Gibraltar. It is also understood that the
British government fully maintains its commitment to honour the
wishes of the people of Gibraltar as set out in the preamble of
the 1969 Constitution.
In the Annex are set out several co-operation
measures to facilitate the start of the work of the previously
mentioned forum.
ANNEX
To explore the possibilities to reach an agreement
on the airport of Gibraltar under a formula acceptable to all
parties.
To allow the inclusion of Spanish airports as
alternative airports in the flight plans whose final destination
is the airport of Gibraltar.
To establish a technical working party to examine
and to exchange information on the pensions issue of Spanish ex-workers
in Gibraltar, without prejudice to any outcome in respect thereof.
The Spanish Government shall allow calls at
Spanish ports of all pleasure cruise liners having the port of
Gibraltar as a previous or subsequent port of call, without any
restriction.
Annex 4
JOINT PRESS RELEASE BY THE BRITISH FOREIGN
AND COMMONWEALTH OFFICE, THE SPANISH MINISTRY OF FOREIGN AFFAIRS
AND THE GOVERNMENT OF GIBRALTAR
On 27 October 2004, the British and Spanish
Foreign Ministers, Jack Straw and Miguel Angel Moratinos, made
a joint statement in Madrid, on which the Chief Minister of Gibraltar,
Peter Caruana, had been consulted and has separately expressed
his agreement. Accordingly, and without prejudice to their respective
positions, the Governments of the United Kingdom, the Kingdom
of Spain, and Gibraltar now conrirm the establishment of a new
three-sided forum for dialogue on Gibraltar, separate from the
Brussels Process.
The modalities of this forum will be as follows:
— Dialogue will be on an open agenda
basis, and therefore any of the participants may raise any issue
relating to or affecting Gibraltar.
— Without prejudice to their constitutional
status (including the fact that Gibraltar is not a sovereign independent
state), each of the three parties will have its own, separate
voice and each will participate on the same basis.
— Any decisions or agreements reached
within the forum must be agreed by all three participants. If
the three parties wish to take a decision on an issue in the forum
where formal agreement would properly be between the UK and Spain,
it is understood that the UK will not agree thereto without the
Government of Gibraltar's consent.
— The forum shall be convened with
the three parties at ministerial level at least once every 12
months. Other meetings of the forum shall take place at a time
and level agreed by the three participants.
— The forum may create—working
groups as necessary to address specific issues.
— The forum will, in their deliberations,
take account of the activity of the "Comision mixta de
Cooperacion y Colaboracion" established on 18 November
2004 between the Mancommunidad de Municipios de la Comarca
del Campo de Gibraltar and the Government of Gibraltar, to
ensure co-ordination between the work of the forum and the Comision
mixta.
Accordingly, through this forum of dialogue
and by these modalities, the parties shall endeavour to create
a constructive atmosphere of mutual confidence and co-operation
for the benefit and prosperity of Gibraltar and the whole region,
in particular the Campo de Gibraltar.
Finally, and in order to preserve the viability
of this process for all the parties, they will refrain from making
public statements which distort or misrepresent the basis, purpose
or modalities of this forum as set out in this statement.
16 December 2004
Annex 5
GOVERNMENT OF GIBRALTAR: PRESS OFFICE
PRESS RELEASE: NO.
306/2004
Date: 16 December 2004
The Foreign and Commonwealth Office, the Spanish
Ministry of Foreign Affairs and the Gibraltar Government have
issued simultaneously this morning a joint press release setting
out the modalities which have been agreed for the establishment
of a new three-sided forum for dialogue on Gibraltar, separate
from the Brussels Process. A copy of the full text is attached.
Commenting on the joint declaration, Chief Minister
Peter Caruana said:
"We are delighted with this agreement which
fully delivers our conditions for participation in safe and reasonable
dialogue. Gibraltar participates on the same basis as UK and Spain,
and has its own separate voice. The dialogue is on an open agenda
basis, and thus not predetermined on any issue, including sovereignty.
Furthermore it is a process of dialogue and not negotiation. Finally,
Gibraltar has a veto on agreements since all agreements will require
the agreement of the three sides.
This represents an excellent result and position
for Gibraltar in a process that is viable for all sides. It is
outside the Brussels Process. Furthermore, the British Government
has confirmed formally to me that there will be no parallel or
alternative bilateral process of sovereignty negotiations between
the UK and Spain. This new process is therefore now the only meaningful
process of dialogue. The Gibraltar Government considers that the
Brussels Process is now totally irrelevant and should be formally
abandoned by UK and Spain at the earliest opportunity. Certainly
the Gibraltar Government would not participate in it.
This agreement is the result of nine years of
our determined resistance of unreasonable and unacceptable process.
In parallel we have reasonably and steadfastly proposed a reasonable
alternative process. This has now met with the success that we
believed was irresistible.
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