The Progressive Democratic Party believe that Gibraltar “could aspire to full independence within the Commonwealth†were it not for the continuing presence of the Spanish claim.
The surprise assertion is made in a policy document published yesterday by the PDP, entitled ‘The Constitutional Future of Gibraltar‘. The document outlines what they consider should be the next steps on constitutional reform, namely in Democracy, Self-Government and Decolonisation and a New Status for Gibraltar.
The publication of the PDP document follows last week’s address by Chief Minister Peter Caruana to the UN Special Committee of 24 on Decolonisation (C24), during this year’s annual ‘pilgrimage’ to the United Nations in New York, when he told the UN Decolonisation Committee, that “as far as we are concerned, the decolonisation of Gibraltar is no longer a pending issueâ€.
The PDP say there should be three principles that should govern Gibraltar’s approach to constitutional reform.
- 1. Gibraltar should govern itself and it should aspire to the fullest measure of self-government possible.
2. Gibraltar should enjoy more democracy.
3. Gibraltar should aim to ensure that our right to self-determination is internationally recognised and with it that we achieve an internationally and domestically recognised decolonised status.
In their policy document, the PDP focus on the recent debate on whether Gibraltar’s new Constitution (2006) decolonises Gibraltar or not.
The PDP believe the current ruling governmt party, the GSD (Gibraltar Social Democrats), does believe the new constitution decolonises Gibraltar but the Opposition GSLP (Gibraltar Socialist Labour Party), led by Joe Bossano, does not.
The PDP say that is “not the sole debate that needs to be considered”. They argue that both the Government and the official Opposition “make the mistake of focussing on only one consideration”.
“For the GSLP, self-government and democracy is almost unimportant. There is no talk of it. It is decolonisation which is the sole obsession, whatever the standard of our democracy or the limit of our self-government.
For the GSD, formal decolonisation and democracy are brushed aside too lightly. The GSD considers the 2006 package its desired outcome and pursues an ostrich-like agenda that fails to accept the massive reality that while we remain on the UN list of non-self-governing territories the international community consider we have not been decolonised.
The PDP believe that to simply “think we have been decolonised” is “not good enough”.
“We must achieve recognition of that if we are to enjoy the fruits of decolonisation outside our shores.
In other words other countries must also recognise what we have achieved.”
The PDP believe both the Goverment and the Opposition parties are both “wrong by not considering all the issues that are important in any constitutional process”.
“The insistence of both GSD and GSLP to get bogged down in a sterile debate solely about whether domestically we think we have been decolonised only emphasises how they misunderstand what we need to tackle to improve the way we are governed.”
The PDP, in their policy document, emphasize, that, in any comprehensive approach, three issues must be tackled. These, they say, are self-government, democracy and decolonisation.
“Without achieving progress on all these questions the final outcome will be deficient in some way – either by not having sufficient self-government or democracy or by not being recognised as amounting to decolonisation.
As such, the agenda must be pushed forward equally and simultaneously.”
More Democracy
With regards to ‘more democracy’, the PDP referred to their policy document ‘Living
Democracy‘, which was published in July 2006. It included a 27 point plan on measures that should be introduced to increase parliamentary accountability, better public participation in the democratic process, more democratic checks and balances on the powers of Government and electoral reform.
The PDP say they stand by all those points and lament that “there has been no progress on the issues highlighted by us two years ago”, adding that there “seems little prospect of change”.
“Having more democracy does not mean that the Government is unable to govern but that it must govern better. That will improve the quality of governance all citizens enjoy.”
More Self-Government
The PDP accept that “we have advanced much since the days of the Legislative Council in 1950 or our first constitution in 1964″. However, referring to the 2006 Constitution as “a bag of comprises”, the PDP say:
“Even though it was a big step forward the 2006 constitution was the result of long negotiations so inevitably it was a bag of compromises in some areas.
It is still possible to go further by removing some of the remaining unnecessary curbs on self-government. Having power vested in Whitehall rather than Gibraltar is not a guarantee of good government or democracy.”
They add that by simply achieving the transfer of more powers to Gibraltar “is not enough”.
“It is only by repatriating those powers to Gibraltar and introducing proper democratic controls that we will enhance how we are governed.”
Our Status – Where Are We Going?
“There is much talk about our right to self-determination”, say the PDP, but add that “other political parties do not go much further in telling us where they want to go”.
“The right to self-determination is only the right to decide our future. It is an empty statement unless we know where we want to go and say so.”
The PDP insist that it is “incumbent on politicians who seek to lead this community to explain where they want to take Gibraltar”.
“In other words how they would wish to exercise that right to self-determination.
Neither the GSD nor GSLP are clear on such questions.”
The PDP declare their view “is clear”. They consider that “any fundamental status change should be put to the people of Gibraltar to decide in referendum. The PDP also believe Gibraltar should achieve “the fullest measure of self-government possible”.
“We consider that the sovereignty of Gibraltar, politically and legally, vests in the people of Gibraltar.”
Independence for Gibraltar?
The PDP document argues that “were it not for the continuing presence of the Spanish claim”, they believe that Gibraltar “could aspire to full independence within the Commonwealth”.
“Our economy is sufficiently robust and sustainable for that.”
They say that “independence would not mean a break of our links with the Crown”, but that these links could be maintained “in the same way as there are many independent countries in the Commonwealth which have the Queen as Head of State – countries as diverse as Canada, Antigua or Belize.
“Independence with the Queen as Head of State would, in an ideal situation, be put forward as our recommendation to the people in a referendum.”
Adding a some strong provisos, the PDP document explains that “clearly putting this proposal forward would only be possible if the democratic checks and balances we have set out before have been introduced”.
“Equally, it could only happen if the majority of people (of Gibraltar) were to support such an option and only then after detailed negotiations with the British Government.
Such negotiations would have to cater for the European dimension and our equal aspiration to maintain membership of the European Union.”
The PDP accept that “this would require a Treaty amendment”. The PDP say they “recognise that the Spanish claim constitutes a real hindrance on the current achievement of such an aspiration and, as such, this puts an operational constraint on that aspiration”.
“It is economically but not politically viable at this stage.”
“In that context”, say the PDP, they would “support a status which would today meet the test of political and economic viability”.
“That status which takes account of the desire to maximise self-government and preserve our membership of the European Union would be a form of free association with Britain.
We think that free association provides the sufficient flexibility for us to achieve that full measure of self-government and also would clearly meet the current UN criteria for de-listing (decolonisation).”
In the PDP’s view, a ‘Free Association Constitution’ would go further than the 2006 constitution “in certain important respects such as making clear that the sovereignty of Gibraltar vests in its people and in clearly demarcating how Gibraltar’s external affairs would be conducted”.
“Again, such a status would require detailed negotiations with the UK which we would initiate in Government.
Whether the political environment changes in future to allow Gibraltar to go further or whether, indeed the European Union or its Member States evolve in a way that makes this unnecessary, only time will tell.”
Decolonisation
The PDP believe the mistake of “focussing on decolonisation as the be all and end all is exposed when it is considered that it is possible to achieve decolonisation by integration with another Member State”.
“That would be the opposite of achieving self-government.
Decolonisation also has nothing to do with democracy. As such it is possible to achieve decolonisation as long as the UN criteria are met and this concentrates more on self-government than on the quality of democracy in a country.
In our view simply achieving that Gibraltar is taken off a list held by the UN cannot be the objective. We must substantively have ceased to be a colony; we should be recognised as such and we should possess a freely chosen internationally recognised status within which our citizens enjoy real democracy.”
The PDP say that “anything less than that short-changes the people of Gibraltar”.
“Both GSD and GSLP would do well to remember that.”
The PDP document reiterates that “achieving decolonisation has two dimensions, to achieve it in practice and to have it recognised domestically and internationally”.
“The GSD maintain that the first is enough. Clearly it is not and we need to continue a campaign to achieve international recognition and satisfaction of current UN decolonisation criteria or the modification of that criterion to accommodate territories such as Gibraltar.
Indeed it may be that the 2006 constitution does not go far enough to meet the current UN criteria.”
The PDP recall that their position in the run up to the Constitutional Referendum in 2006, was that “this was an open question and that the constitution was worth adopting on its own merit for advancing Gibraltar on the road to self-government and so as to allow us to lobby the UN
for de-listing (decolonising) subsequently”. They point out that events since then “have emphasised that the UN is politically reluctant to act”.
“That is not Gibraltar’s fault but we should objectively recognise that the UN case for refusing to act would be made more difficult if we obtained further self-government through negotiation.”
Spain and Dialogue
The PDP recognise that Spain is “clearly an obstacle to progress on the efforts to obtain decolonisation and a new status, as well as seeking to exert pressure on the self-government front”.
“We believe in a policy of dialogue with Spain to achieve better economic, social and environmental co-operation and progress, that benefits citizens on both sides of the border.
We do not consider that Spain need to be accommodated on the sovereignty agenda.”
The PDP reiterate that any discussion of “issues of status or decolonisation” needs to take place in the context that there is, however, a real need to “persuade Spain that she should peacefully co-habit with Gibraltar in the modern European Union”.
“Spain should accept the political will of its (Gibraltarian) people now and in the future without seeking to hinder it within the EU, at the UN or internationally.”
Conclusion
Summing up their new policy document ‘The Constitutional Future of Gibraltar‘, the PDP conclude that “there needs to be a three pronged effort to achieve progress, securing more democracy, securing more self-government and achieving decolonisation and a new status for Gibraltar.
“This will not be an easy road but the PDP would embark on this, confident that it could achieve significant progress on all these fronts.”
Source: Progressive Democratic Party - Press Release - 24 June 2008
Related Articles and Links:
View/ Download The Constitutional Future of Gibraltar PDP Policy Document 
Full text of the Chief Minister of Gibraltar’s address to the United Nations Committee of 24 (Decolonisation) on 18 June 2008
UN Special Committee of 24 on Decolonisation (C24)
The Gibraltar Constitution Order 2006
Constitutional Referendum 2006
The Trilateral Forum of Dialogue - Cordoba Accord - Full text of the Joint Communique of the Ministerial Meeting of the Tripartite Forum of Dialogue on Gibraltar - 18 September 2006
Disputed status of Gibraltar - Wikipedia Article
18 June 2008 - Chief Minister Caruana tells UN Gibraltar’s Decolonisation is ‘no longer pending’
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