Defenders commemorating the Treaty of Utrecht only as a historic Document NOT Policy!

Defenders commemorating the Treaty of Utrecht only as a historic Document NOT Policy!

Today the Defenders of Gibraltar held a meet and Greet at Casemates Square in Gibraltar. We took the opportunity to spend time giving out leaflets and talking to residents and visitors to the Rock about our Gibraltar and Our history.

Today was more important in that we wanted to emphasise more on the historic event of the Treaty of Utrecht commemoration. To clarify that the document is only an historic document no longer valid to enforce policies.

We had a great time speaking to residents and visitors. we handed over over a thousand leaflets.

*****

THAT DAMNED TREATY!

I cannot help but feel an overwhelming sense of disdain towards the Treaty of Utrecht, and disgust of it being referenced by the United Kingdom on its position with regards to Gibraltar’s ability on self-determination.

When one looks at the treaty in its entirety, especially with a modern approach, I can barely resist the urge of wanting to bury such an anachronistic document in the deepest hole and move on.

Not only has the Treaty been broken a ridiculous amount of times (Menorca is no longer British for example, whilst Gibraltar has since the Treaty been subject to countless failed Sieges and continuing ‘impediments’ from Spain), but also this ‘Treaty of Peace’ is clearly anti-Semitic and racist in nature, and in breach of the UN Convention of Human Rights. In a modern Europe part of an increasingly connected world, surely the United Kingdom Foreign and Commonwealth Office have the foresight and intelligence to see how backward they must appear by supporting a document which states that “No Jew or Moor can set foot in Gibraltar”? Mind you these days, it’s clear to all in Gibraltar that the FCO seems more content to pander to Spanish passive-aggressive diplomacy than stand up to its bullying tactics.

To top things off, the Treaty was written in an age where there was no understanding or indeed even concepts of things like Human Rights, Self-Determination, UN Convention on Law of the Sea, UN Convention on International Civil Aviation – ALL of which take precedence and supersede this ancient document. Quite frankly if Spain never wanted Gibraltar to have any territorial waters or airspace, then they should not have ratified certain conventions. Rule for one, rule for all.

The undeniable fact that Spain ratified both UN Sea and Air conventions (adding small notes which mean nothing in the eyes of the law but satisfy Franco’s legacy) is extremely telling as well as a clear indication of Spain’s diplomatic mentality; “We want territorial waters up to 12NM including at Ceuta and Melilla, but we will deny others who ratified the same Conventions as us the same rights we enjoy” – such a schizophrenic diplomatic attitude is not sustainable. My advice to Spain would be to accept that Gibraltar has Territorial waters, or failing that to take their shaky position to an international court. Spain, will no doubt curl into a ball and stay silent, knowing that it needs to continue bullying Gibraltar as a button to get the UKs attention.

If the UK want to hold onto the Treaty of Utrecht as the basis of its interpretation on the limits of our right to Self-Determination, we need to remind them at every opportunity that it is a treaty which:

• Lacks parity with modern legal obligations
• Contains racist obligations
• Was broken numerous times by Spain in the past and is still being broken by Spain today

If the United Kingdom fails to understand the above points, then perhaps they should be duly reminded that Gibraltar was captured by conquest, not ceded by Treaty. Maybe then will they understand the whole of Gibraltar’s astonishment to it being referenced when explaining their position on our limits to self-determination in our 2006 constitution?

This Saturday 13th July there is nothing to celebrate. We commemorate an anachronistic historical document, which should only be of academic interest. I would much rather see this document buried in the annals of history rather than being central to the politics of our times.

**************************************************

We would like to bring attention to an incredibly insightful document written in 1994 by Simon J Lincoln, published in the Journal of New Yorks Fordham University School of law and titled:

"The Legal Status of Gibraltar: Whose rock is it anyway?"

It was written by Simon whilst he was a JD candidate at said University, however he now has his own Law Firm in New York. The article contains exquisite and insightful detail and information. It is undoubtedly a well researched and unbiased document (in my honest opinion), made all the more enjoyable on reading the final paragraph:

"The people of Gibraltar, by virtue of Resolution 1514, have the right to self-determination. Although Spain would like to effect a return to its territorial integrity of 1704, the interests of the people of Gibraltar must come first. Such an arrangement will enable the governments of Great Britain, Spain, and Gibraltar to cooperate in economic, military, and political matters, which will ultimately benefit the people in the region. The United Nations should disregard the anachronistic reversionary provision of the Treaty of Utrecht and recognize Gibraltar's fundamental right to self-determination."

The entire document can be accessed by clicking on the following link:

http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1405&context=ilj

Perhaps Simon could assist Gibraltar in getting its message across to the USA. Given his proximity to the UN Building, he might end up being an asset for the Gibraltar cause.

***********