Gibraltar News Online

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 issue”.

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

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What a ‘to do’ about what to do about our Apes… or more precisely our Barbary Macaque monkeys!

Earlier this week, Panorama, a local Gibraltar daily, headlined the Uproar over plan to cull apes, reporting on a decison by the Gibraltar Government, to cull a troop of around 25 of Gibraltar most famous resident apes, a group of barbary macaques who inhabit the area around Catalan Bay, on the east side of the Rock of Gibraltar.

Primate experts around the world have roundly condemned the government’s shock decision, which has been made despite repeated requests for a more humane method of population control going back over more than ten years.

The Government announced the plan during Parliament last week in response to an opposition question by GSLP/Liberal spokesman on the environment, Fabian Picardo.

The management of the population of macaques is officially not the direct responsibility of the Gibraltar Government. Since 1999 this has been the responsibility of the Gibraltar Ornithological & Natural History Society (GONHS ), who were appointed to manage them by the Government itself.

Today the number of Barbary macaques on the Rock of Gibraltar total about 230 individuals living in 6 groups, ranging between 25 and 70 animals in each group. These packs are managed by GONHS with veterinarian expertise provided by the Gibraltar Veterinary Clinic (GVC). Yet, it appears that these organisations were not consulted about the decision to cull and say they are still waiting to discuss the proposal with Ernest Britto, the Minister for the Environment.

The UK based International Primate Protection League (IPPL) has been investigating the situation to find out if the cull will definitely go ahead.

Dr John Cortes, the General Secretary of GONHS reportedly told them:

“Our policy is that culling can be a population management solution but only in extreme cases when there is no other more suitable option. We are pending discussions with the government in Gibraltar and so we are not sure at this time whether it is necessary in this case. We would only ever recommend a cull after very careful assessment of the situation from a veterinary and a genetic point of view.”

According to the report in Panorama on Tuesday, Albert Bruzon, the Principal Secretary of the Department for the Environment confirmed over the phone to the Head of IPPL UK that the licence for the cull has already been issued and that “the killing of the monkeys is due to be carried out by contractors and that it will start as soon as possible”.

Helen Thirlway, Head of IPPL in the UK, said:

“It is clear that the government of Gibraltar is still not managing their population of Macaques in a responsible manner, despite the fact that they undoubtedly boost the nation’s economy as arguably their most popular tourist attraction.

They have appointed a specialist organisation to be responsible for the day-to-day management of the Macaques, and who have detailed knowledge of each group, and yet they have not even consulted them before deciding on this course of action.”

This is not the first controversial cull of Gibraltar’s much loved free-roaming Barbary Macaques. In 2003, a top primatologist, Dr Robert Martin, pulled out of his field research and boycotted a conference he had helped to organise in protest at the culling of half of his study group.

Of this recent turn of events, Dr Martin says:

“I am saddened, but not surpised, to learn that there is still no effective management in place and that those in charge of the macaques (presumably including GONHS) are now resorting to culling yet again.

I wish you every success with your campaign against the culling. It is quite disgraceful that, despite receiving sound advice in 1997, the people in charge of the macaques have taken no effective action to manage the population in a way that would benefit all concerned.”

GONHS have confirmed that, together with the Gibraltar Veterinary Clinic, they have started an ongoing programme of population control using contraceptive implants but that it is a difficult and complex process.

IPPL is considering calling on UK citizens to boycott Gibraltar’s tourist industry until the Gibraltar Government pledge to stop using culling as a method of population control and instead invest in alternative methods.

Helen Thirlway concluded:

“There have been many advances and pilot studies in recent years on different methods of controlling free-roaming monkeys.

We are more than happy to work with the government of Gibraltar and with GONHS to help them develop more efficient, alternative solutions but this needless slaughter has to stop.”

In a press release today Gibraltar’s Progressive Democratic Party strongly questioned the Government decision on the proposed culling of the 25 monkeys. The PDP say the Government should be “much more explicit” and ask that it “produce evidence of its attempts to try other methods” asking why the cull “is inevitable now”.

Rosemarie Peach, a PDP media spokesperson asks if culling is really the solution?:

“It is true to say that these animals cause problems and upset many residents, particularly in the Catalan Bay, Upper Town and Moorish Castle areas. This is historical and happened even in the 1970’s when their numbers were nowhere as great as they are today. Of course these residents must be protected but is culling really the solution that currently needs to be used to tackle this problem – especially when elsewhere in the world these animals are becoming an endangered species?”

The PDP statement adds that “one has to question why these problems occur and appreciate that they cannot be attributed solely to these animals who are doing what nature intends them to do”.

Echoing GONHS John Cortes’ comments, the PDP spokesperson adds:

“These animals are natural foragers. They are not being helped to be less of a nuisance by measures taken by Government.

Culling should only be used as a very last resort when all other avenues for the protection of the public has been tried and failed. Government tell us that they have reached that point – hence their decision.

Surely, if a properly funded management plan were in place the numbers of animals could have been adequately controlled. Selected culls have been used previously but why have the lessons of the past not been learnt to ensure that these methods did not have to be used again in future?”

The PDP statement adds some constructive suggestions, that perhaps reflect the mood of the local public, that the Government should consider, before resorting to culling.

“There must also be some way to contain these animals as are used in National Parks all over the world.

Has Government thought of looking into the possibility of opening a second Apes Den, introducing a more vigorous contraception or sterilisation programme or having a planned exportation scheme to send apes to zoos or reserves worldwide.

It may be that these options have been explored but Government should satisfy the public that this is so by publishing the Ape Management Plan that it has mentioned and the results of its investigations.”

The PDP are calling on the Government to “make public any reports or advice that they may have received from primate experts that will show exactly why culling is necessary” and conclude their statement with an emphatic call for better management of the issue by the Government:

“Failing Government’s ability to provide such reports, the only conclusion to be drawn is that one of our greatest touristic attractions which draw in millions of visitors world wide and from which a good revenue is drawn is being mismanaged.

Perhaps, the best solution would be to ensure that some of that tourism-derived revenue is invested in proper resources which would pay to provide proper full-time keepers among other necessities, and to maintain these animals in proper condition to ensure that they pose no problems for our residents.”

In the meantime, the controversy continues and has captured the eye of the media worldwide.

Sky News, in their afternon programme today, highlighted the issue asking why a group of Gibraltar monkeys “are facing the firing squad”! Sky News, perhaps more forgivingly, are also covering the story online with pictures of the apes.

Throughout the week, there have been numerous reports online in the world’s media, including the UK’s Telegraph, USA Today, France’s Agence France Presse, the International Herald Tribune and many more.

There is even a Facebook group now launched, saying No to Ape Culling, though many of the views expressed here, mostly by locals, sound more like people are supporting the Government’s culling action, in the face of undoubted disturbances caused by this pack, to the local community.

For ourselves… we very much hope the Government takes the ever excellent and humane advice from their appointed managers GONHS… and also heeds the constructive suggestions offered by the PDP today, which largely reflect, I believe, the vast majority of public opinion, not just in Gibraltar… but also worldwide!

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Gibraltar General Election - Thursday 11th October 2007

The Supreme Court has rejected the Progressive Democratic Party’s attempt to reverse the decision by the GBC (Gibraltar Broadcasting Corporation) and has upheld the Corporation’s decision to exclude the PDP from participating in the live televised Leaders’ Debate next week.

Last month, the GBC made a decision to exclude Keith Azopardi from the Leaders’ Debate on television and the Leaders Interviews on radio.

The GBC Board, chaired by Charles Menez and including Manolo Guillem, Sunda Khiani, Paulette Finlayson, Momy Levy and Charlie Fortunato, along with acting General Manager John Tewkesbury, have consistently reiterated their decision to exclude the PDP leader from the traditional eve of poll televised debate “because the PDP cannot form Government as stated in the constitution”.

The GBC, in a statement following the Court ruling, said they are “satisfied that its original decision was correct and maintains its position in accordance with the Guidelines for the Electoral Broadcasts and Election Campaign programmes for the General Election 2007″.

PDP Leader Keith Azopardi said after the ruling, that he was “determined to continue to campaign against this undemocratic exclusion”.

In a statement, the PDP said they regretted that the Court has felt unable to grant the PDP the Orders it sought. A PDP spokesperson added:

“It is clear that it found that the original decision by GBC management was based on “an erroneous interpretation of the constitution on which GBC relied” and that as such their “decision-making process was flawed.”

In his ruling, Mr Justice Dudley pointed out that the GBC is a public service broadcaster with exclusive rights to broadcast television and radio. He said that since the GBC is largely financed by the tax payer “it is implicit that the GBC must act fairly and is duty bound to balance competing interests particularly in the context of parliamentary elections”.

The Judge accepted that the Board have a wide discretion to decide these matters and that while the decision to exclude the PDP Leader from participation in the Leaders Debate “will not have universal approval,” it is not a decision which could not have been arrived at by a reasonable Board.

Mr Justice Dudley found that the GBC management, in its original decision, had “clearly erroneously interpreted the Constitution since as few as five elected members can be asked to form government in certain circumstances” and he added:

“Were I only considering the decision by GBC management I would be quashing the decision and remitting the matter back to GBC for it to consider the PDP’s request afresh.”

However, the Judge also found the review of the decision by the GBC board to “reflect reasonable use of their discretion”.

“Ultimately, participation of the PDP at the leaders’ debate is a matter for GBC, unless, that is, in the exercise of their discretion they act unreasonably.

Whilst the decision by GBC will certainly not have universal approval, it is not in my view a decision which a broadcasting authority properly considering all the relevant issues could not have arrived at.”

In their statement, the PDP said they consider that they may not have achieved a legal victory but they have “obtained a moral victory”.

“Clearly the Court finding vindicates its position that the original decision was wrong.

The PDP will once again ask the GBC management to carefully consider the importance of the debate and the desire to have a wider debate at such a crucial time in the campaign in which Mr Azopardi participates. The Party has written to GBC management on that basis.”

The PDP reiterates that its objective has never been that of litigating against GBC. They said their sole objective has been to “participate in a debate because it considers that democracy would be enhanced by participation and that the public would welcome more not less debate”.

“Whatever the legal technicalities it is clear that the historical reality that in 1992 participation in the Leaders debate did not depend on putting up a full candidature cannot be changed. Equally people will have to consider whether it is democratic for Mr Azopardi to be excluded from the debate. That question is not a legal one – it is for the electorate to decide and ultimately on the 11th October.”

The PDP have repeated their calls on the other participants to the debate to “make clear their position and to actively lobby GBC for Mr Azopardi’s inclusion in the debate”.

“Given that this is a decision for the management they would presumably, in their discretion, consider the views of the other participants.”

The GSLP/Liberals Alliance Leader Joe Bossano has said he supports Mr Azopardi’s inclusion. The PDP have repeated their request that the Chief Minister and GSD (Gibraltar Social Democrats) leader Peter Caruana, “make his position clear as well in the interests of wider democratic debate”. It has been widely reported that the GSD’s election agent has indicated to the GBC that they support the Corporation’s decision.

The PDP statement concludes:

“Whose interests would be served by continuing to exclude Mr Azopardi? Surely not the interests of democracy? As far as the PDP are concerned our political campaign to achieve a wider debate will continue.

The PDP have demonstrated that it will fight for the right for it and any other person to be heard in the interests of democracy.

It will continue to strive through the electoral process to ensure that real democracy is enhanced in Gibraltar.”

Gibraltar Trades Council ask GBC to review decision

The Gibraltar Trades Council called on the GBC to review its position, in a statement, following the Court ruling. The GTC said its view is that there are three parties contesting the forthcoming election, therefore, as a democratic society, the three Party Leaders should each take a seat at that debate.

“The GTC represents workers collectively who have differing views and allegiances to the Parties contesting the election and therefore, for the sake of clarity, each should be allowed to state their case openly and transparently within the media forum.

The GTC sincerely hope that GBC, in the spirit of democracy, has a change of heart.

The GTC wishes to make quite clear its apolitical position, but feels, as the overall representative body of local Trade Unions and workers, and, as many of its members have commented on the stance taken by GBC, that it is not one of impartiality.”

Gomez questions Azopardi

Charles Gomez, the leader of the New Gibraltar Democracy (NGD) Party, who is standing as an independent candidate in the General Election, said that whilst fully respecting the Supreme Court’s decision, this “should not stop Mr. Azopardi from providing full and frank public explanations as to his conduct whilst he was Peter Caruana’s deputy and one time minister of Trade & Industry.”

Mr Gomez said that Mr Azopardi has “incessantly repeated and quite rightly recalled his period as a top GSD politician” during election campaigning and added:

“The electorate is therefore entitled to know why in his 8 years in office he did not take the opportunity of addressing the issues which he now, again quite rightly, accuses his old party of having failed to deal with.

I have in mind particularly the housing problem, the environment, planning and social affairs.”

Mr Gomez specifically questions Keith Azopardi about his time as a minister “responsible for a number of property transactions at Queensway” and what Mr Gomez terms as his “rationale”:

“Many, including myself find it impossible to comprehend.

He was minister of Health when the government entered into a major rent commitment with a private landlord at what is now the Primary Care Centre; what attempts, if any were made to find alternative and possibly less expensive premises? What were the details of that transaction and other property transactions which have never been made public but took place when Keith was minister?”

Mr Gomez added that the PDP appear to be in agreement with the NGD that “there must be a review of the composition of the Development & Planning Commission to ensure impartiality and credibility” and he asks Mr Azopardi to “urgently assure the electorate” that Mr Azopardi “had no involvement whatsoever in any planning applications made by clients of his legal practice”.

Public Meeting

The Progressive Democratic Party candidates contesting the General Election will be holding a public meeting at the Charles Hunt Room, at the John Mackintosh Hall at 8:30pm tomorrow, Wednesday 4th October.

Sources: Progressive Democratic Party / New Gibraltar Democracy - Press Releases - 03 October 2007

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Gibraltar General Election - Thursday 11th October 2007

The Progressive Democratic Party have confirmed today, that they will be going ahead with the threatened legal action against the GBC (Gibraltar Broadcasting Corporation).

Last week, the GBC made a decision to exclude Keith Azopardi from the Leaders’ Debate on television and the Leaders Interviews on radio “because the PDP cannot form Government as stated in the constitution”.

On Friday, the PDP wrote to the Chairman of the Board of the GBC with an ultimatum, asking that the broadcasting policy decision be reversed and that the PDP Leader be allowed to participate in the Leaders’ debate.

The PDP gave the GBC Governors a warning that if their decision was not reversed by 5pm on Monday 24th September, the PDP would be asking their lawyers to “file appropriate legal action in the Supreme Court to seek an Order allowing the PDP’s participation in the Leaders’ debate”.

Yesterday, PDP Leader Keith Azopardi and the Party’s Election Agent Gigi Sene appeared before the Board of GBC to make representations as to why the Party should be allowed to participate in the Leaders Debate to be held on the the eve of the General Election on 10th October.

In essence the Party made several points amongst which they stressed that “it was not even asking for equality of total media coverage with the other parties”. They said all the Party wanted was “to have the right to choose which debate it could go to or alternatively that it should be able to abandon another allocated programme to get participation in the Leaders Debate”.

During their meeting, the PDP leader made it clear that they did not want to litigate against GBC and viewed this as “an option of last resort only”.

The GBC Board notified the Party late last night that it was maintaining the decision to exclude Mr Azopardi from the debate.

In a statement today, the PDP say they are “dismayed at that decision”.

A spokesperson for the PDP said:

“Even though it (the PDP Party) proposed different ways of resolving the matter, none have been entertained and there has been no spirit of compromise shown by GBC in contemplating other possibilities to allow the participation of Mr Azopardi in the debate.”

The PDP spokesperson added that they have “been left with no option by GBC”.

The PDP statement goes on to confirms that they have instructed their lawyers to file Judicial Review papers at the Supreme Court seeking a review of the decision by GBC to exclude Mr Azopardi from the live televised ‘Leaders’ Debate’.

Commenting on the GBC’s refusal to find a compromise or rescind their decision, the PDP spokesperson added:

“The PDP is perplexed by such exclusion. There is a clear precedent in 1992 which is being ignored by GBC.

The basis of the decision announced by GBC on the 20th September has been exposed as legally wrong under s 45 of the Constitution and the PDP’s exclusion is in the full knowledge that it will affect the Party’s electoral prospects, hinder our chances of imparting information and curtail free debate and democracy. The decision also discriminates against the PDP and in favour of other parties.

All of this raises basic democratic principles as well as constitutional rights. The PDP continue to believe the decision is profoundly undemocratic as it stifles free debate.”

The PDP say they “do not want a fight in the Courts”. They say their objective is to be able to have an open debate with the other Leaders. The statement also questions the GSD’s silence over the GBC’s decision and issues a challenge to the other political leaders:

“The Party believes the majority of Gibraltar irrespective of political allegiance would welcome more debate not less.

We note that throughout this the GSLP/Liberal Alliance have supported Mr Azopardi’s inclusion in the debate and the GSD have been silent.

We ask that the GSD also publicly support the concept of wider debate.

As the PDP’s prime objective is to ensure a debate between the leaders of all the political parties it challenges the Leader of the GSLP/Liberal Alliance and GSD to a public debate on the 10th October at an alternative venue of their choosing. Given that it is impossible to do so at GBC there is no reason why the debate cannot be held elsewhere.”

Commenting on the legal action the Party is taking, the spokesperson said tht the PDP “regrets that this has been necessary” and added that the party “has expressed a spirit of compromise to GBC”.

“We were willing to consider various options to accommodate greater participation and take into account the GBC position.

We will now allow the Court process to run its course and concentrate on the election campaign.

But whatever the Court verdict, the point is that this is an issue of basic democracy and it is plain to see that excluding a Party Leader from a debate is wrong.”

The PDP concluded by saying that “most people can see that, whoever they are going to vote for on the 11th October”.

“Come that day the people can then decide and the PDP will ask the electorate to show their displeasure at the Party’s exclusion from debate in the best way that they can – at the polls on Election Day by supporting its candidates.”

Source: Progressive Democratic Party - Press Release - 26 September 2007

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21 September 2007 - GGR back PDP in GBC row calling policy decision ‘disproportionate’

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Peter Tatchell, the human rights spokesperson for the Green Party of England and Wales, arrived on the Rock today on a fact-finding tour, as a guest of Gibraltar’s Equality Rights Group GGR.

Mr Tatchell’s tour will officially start tomorrow, Thursday 27 September 2007.

Welcoming Mr Tatchell to Gibraltar, Equality Rights Group GGR Chairman Felix Alvarez said:

“I’m pleased to welcome Peter to Gibraltar today.

It’s good to have him here on a fact-finding mission. Anyone who shows interest in Gibraltar’s people is welcome as far as GGR is concerned.”

Peter Tatchell is an Australian-British human rights activist, who is best known internationally for his attempts to perform a citizen’s arrest of Zimbabwean President Robert Mugabe in 1999 and 2001, on charges of torture and other human rights abuses.

Mr Tatchell was selected as Labour Party Parliamentary candidate for Bermondsey in 1981, and was denounced by party leader Michael Foot for supporting extra-parliamentary action against the Thatcher government; although the Labour Party subsequently allowed his selection, when he ran in the Bermondsey by-election in February 1983, he was attacked by the tabloid press, and by anti-gay graffiti in the constituency.

Mr Tatchell has since joined the Green Party and is a supporter of its Green Left grouping. He is the Green Party’s parliamentary candidate for Oxford East.

Mr Tatchell is also the author of several books, has a weekly column on the Guardian website’s ‘Comment is Free section, and hosts a weekly internet TV programme, ‘Talking With Tatchell’ at www.18doughtystreet.com.

He recently wrote a controversial article on the status of human rights in Gibraltar for the Guardian’s Comment is Free website entitled The Rock of Prejudice, following which he was invited to get a first-hand account of the local situation and to meet Gibraltar’s political leaders.

Mr Tatchell and Equality Rights Group Chairman Felix Alvarez will be meeting with Joe Bossano (GSLP), Dr Joseph Garcia (Liberals) and Keith Azopardi (PDP) during his stay. Details for a meeting with GSD (Gibraltar Social Democrats) leader and Chief Minister Peter Caruana have yet to be finalized.

Mr Tatchell, meanwhile, is also scheduled to meet with members of the disabled community, as well as the Environmental Safety Group (ESG), Friends of the Earth Gibraltar and members of the gay community.
 
Having written and campaigned in support of Gibraltar human rights activists for many years, Tatchell says he is “keen to get first-hand knowledge and meet local campaigners”.

“This visit will be a listening and learning exercise. I want to broaden my understanding by meeting Gibraltarians and hearing their concerns. Perhaps I can also share with them some of my campaign experience and ideas.

I strongly support Gibraltar’s right to self-determination. The European Union and wider international community should respect the right of Gibraltarians to decide their own future.”

Mr Tatchell is “glad to see The Rock strengthening its involvement with the wider European family of nations and peoples, and beginning to embrace European standards of citizenship and human rights” and he adds:

“I look forward to seeing further progress in the fields of justice and equality.

In today’s globalised world of instant communication and international travel and trade, all the world’s peoples are interlinked and mutually dependent. We share a common future, regardless of whether we live in London, Gibraltar, Baghdad, Moscow, Beijing, Jarkarta, Sao Paulo, Sydney or New York.

It is important to acknowledge our common humanity, the universality of rights and freedoms, and our need for joint international action to solve the global problems of climate change, terrorism, war and poverty.”

Mr Tatchell concludes, that for him “solidarity has no frontier” and he hopes to demonstrate “the value of mutual exchanges and support” during his visit.

Peter Tatchell will be available to meet members of the public at Charlie’s Hole-in-the-Wall this coming Saturday from 9.30pm.

Mr Tatchell says he “looks forward to meeting people of all walks of life there in a relaxed atmosphere.”

Source: Equality Rights Group GGR Press Release - 26 September 2007

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Gibraltar General Election - Thursday 11th October 2007

In the latest twist in the GBC Election broadcast policy row, Charles Gomez, the leader of the New Gibraltar Democracy (NGD) Party said tonight that, “as a candidate for election to Parliament” he too would like the opportunity to participate in the GBC TV Leaders’ Debate programme.

At present the customary pre-election televised live Leaders’ Debate is scheduled to be only between GSD leader Peter Caruana and the Opposition Alliance’s leader Joe Bossano of the GSLP.

This is due to the decision taken by the GBC (Gibraltar Broadcasting Corporation), confirmed on Thursday, when they reiterated that they intended to maintain their decision to exclude the PDP’s Keith Azopardi from the Leaders’ Debate on television and the Leaders Interviews on radio “because the Progressive Democratic Party (PDP) cannot form Government as stated in the constitution”.

Yesterday, in response to the GBC statement, the PDP threatened legal action against the GBC, should the GBC Governors not rescind their decision by the end of play on Monday.

In a statement tonight NGD leader Charles Gomez said he too wants to debate the issues with the other party leaders. Mr Gomez also criticises the GBC for it’s support of the ‘block voting’ system:

“By limiting the final debate to the leaders of the GSD and GSLP/ Liberal alliance, GBC lends support to the idea that block voting is a necessity, so that the last word should be left to the two or three individuals who can produce a slate of candidates.

The sad truth is that block voting requires the citizen to hand over a blank cheque to party leaders. To vote in block is to waste votes and partly explains why Gibraltar never gets its act together.”

Mr Gomez goes on to urge for political ideas “past their sell by date” to be put to the test:

“In a city of 30,000 people, whose government holds such great powers, it is unacceptable that the debate should again be limited to the two men who have governed us over the last 20 years.

Gibraltar should not have to endure yet another round of the tired old Caruana – Bossano feud without others having the chance to put to the test political ideas which have long passed their sell by dates and our poisoning our society.”

An Analysis by Charles Gomez

In a separate statement this weekend, NGD Leader Charles Gomez issued his pre-election analysis on the state of Gibraltar’s economy. In his analysis, Mr Gomez accuses the GSD Government for its “failure to provide economic planning”. He says this lack of plannig is “the greatest danger that Gibraltar faces today”.

Mr Gomez says Health, housing, education and pensions are “naturally the principal issues in any normal election” and added:

“Previously the Spanish claim predominated but now, public dissatisfaction has finally forced the political parties to focus on local issues.

To date the political parties have concentrated on making promises of investment in public services and increases in people’s incomes.

The people of Gibraltar are astute enough to realise that the more substantial election promises are rarely kept.

However, I am troubled by the almost complete absence of any debate on the state of the economy – none of Gibraltar’s aspirations can be met unless we establish a sustainable economy to pay for recurring expenditure now and in the future.”

Analysis of the Gibraltar Economy

Where does the money come from?

The government says that our economy is “running on all cylinders”.

In recent times online gaming has been a great boon to our economy. It was unplanned, unexpected and has pumped millions into our public purse.

Ship Bunkering (refuelling) is another money spinner. Then there is the Finance Centre: banks, trust and insurance companies and ancillary services such as accountancy and legal practices, telecommunications and information technology providers.

Day Trippers: millions come in every year through the frontier and on cruise ships.

Building Construction: The current boom has generated jobs in the building industry and direct income to government by way of premiums on sales of land for development and income tax on wages and profits.

But look closely: No Economic Plan!

2 simple facts:

None of our sources of income are guaranteed but most of Gibraltar’s recurring expenditure is unavoidable: public services costs, public sector salaries, pensions and capital commitments such as the repayments to Royal Bank of Scotland hospital loan, the rents for the Primary Care Centre and the ex Theatre Royal and, maybe, the £24,000,000 ear marked for the airport terminal, to name but a few.

To this extent we are in the same position as any other country except that we are not a country and so cannot rely on economies of size and shockingly Gibraltar has no economic plan.

The State of Our Industries.

Despite the up beat reactions, the Gaming Industry is under sustained attack from the US and other governments from France to Israel, and share prices have plummeted. Concerns about gambling addiction are bound to lead to a further deterioration.

Bunkering is a potentially hazardous business which requires investment to ensure supervision and control. By all accounts these are in place and improved and continuing government involvement should ensure that the industry’s survival. However the closure of the look-out tower, the noxious escape of gas which made children at St. Joseph’s school sick and the manner of the MV New Flame’s departure, suggest that the government may be failing to perform its responsibilities adequately.

The Finance Centre has faired well in the face of international efforts to close offshore centres (credit is due to Peter Caruana for this) but the threat is always there.

Successive governments have failed to invest in the Tourist Product. The Upper Rock is dirty, there is no night life and Gibraltar generally has been said to look like an untidy building site, noisy, congested and smelly – at this rate it may only be a matter of time before Gibraltar loses its remaining appeal. The marinas have been suffocated by brutal construction practices and the potentially lucrative yacht industry is almost dead.

Construction: once buildings are completed, income dries up. Those buildings which do not contribute to the creation of housing for local people or to the generation of income, such as hotels, tourist amenities, catering establishments etc are an obstacle to economic growth and mortgage Gibraltar’s future.

All those citizens who have legitimate expectations as to the future prosperity of our great City and the citizens’ bodies who have prepared wish lists should ponder on the fact that without economic sustainability all our ambitions can be frustrated.

Working Towards a Solution

The current system of party politics in Gibraltar has effectively prevented any sensible debate on the economy let alone a co-operative approach.

In addition to those who are elected into Parliament ALL business people and their representative bodies must be kept fully informed, consulted and asked for input in the National task of devising a plan to ensure our economic stability.

Never again should national assets be disposed of without full and proper consultation, detailed planning and open procedures. In a small place like Gibraltar every square metre of territory is irreplaceable.

Never again should government policy on issues of long term importance to our people be dictated by party political / electoral considerations. The long term survival of Gibraltar must not be put at risk so that a chief minister can balance the books and save face.

Never again should the interests of a select few businessmen take priority over the interests of our people, young and old.

If elected to parliament I will do my utmost to ensure that basic principles of economic planning replace the current reckless disregard for the future – I believe that Gibraltar’s future success takes priority over the personal ambitions of politicians.

A Parliamentary Select Committee composed of Members of both sides of the House need to be appointed to monitor all economic activity to ensure that Gibraltar is properly managed in a sustainalbe and fair manner.

The mere fact that this simple measure has never ever been mooted before proves that party politics is Gibraltar’s worst enemy.

Source: New Gibraltar Democracy - Press Releases - 22/23 September 2007

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Gibraltar General Election - Thursday 11th October 2007

The Progressive Democratic Party are threatening legal action against the GBC (Gibraltar Broadcasting Corporation) today, if the GBC’s Election Broadcasting policy decision is not rescinded.

In a statement this afternoon, PDP Executive Board Member Nick Cruz, said if the party does not receive confirmation to that effect by 5pm on Monday 24th September the PDP will “ask its lawyers to file appropriate legal action in the Supreme Court to seek an Order allowing the PDP’s participation in the GBC’s now traditional pre-election programme, ‘The Leaders’ debate’, which is normally televised live.

The GBC stated last night that they intend to maintain their decision to exclude Keith Azopardi from the Leaders’ Debate on television and the Leaders Interviews on radio “because the PDP cannot form Government as stated in the constitution”.

In the PDP statement today, Nick Cruz says:

“Not only are GBC deciding something that only the people of Gibraltar can decide but they are legally wrong.”

The PDP statement explains that “nowhere in the Constitution is there a requirement that a Party must have a certain number of candidates or seats to form Government”.

Mr Cruz added:

“While it may be that usually a Party obtains a majority of seats the constitution does not state that a minimum number of seats is necessary.

The practice is for the Leader of the Party with the most seats after the election to be asked whether he or she can form Government.

If the people of Gibraltar elected all PDP candidates and there were no other bigger Party in the Parliament then the Governor would be obliged to ask Mr Azopardi to try to form Government.

The PDP would then see whether it could do so in a minority administration (as has happened in Scotland only this year) or in coalition with others (as the 5 IWBP candidates did in 1969). In fact in that 1969 election the IWBP only stood with six candidates.”

Mr Cruz reiterates, that the basis for the GBC decision “is therefore legally wrong, historically inaccurate and undemocratic”. Mr Cruz implies that it is not up to the GBC to conjecture what role their Party should play in the outcome of an election.

“It is for the people to decide what role the Party should have and not for GBC or anybody else to do so.

Indeed what is remarkable of the GBC statement is that they admit that in 1992 the Leader of a Party with seven candidates was allowed to participate in the Leaders debate.

If this is not inconsistent with the exclusion of Mr Azopardi from this Leaders’ debate what is?”

The PDP believe the decision of the GBC is “unfair, undemocratic, wrong in law and unconstitutional”. Mr Cruz pointedly asks:

“How does it help democracy to deprive a political party of a platform on the eve of the election? Who stands to gain from such exclusion?

The eve of the election debate can be crucial in the course of any election campaign.”

The PDP also welcomes the GSLP/Liberal Alliance statement in which they make it clear that they would support Mr Azopardi’s inclusion in the Leaders’ Debate and Leaders’ radio interviews. The PDP urge the GSD (Gibraltar Social Democrats), the current governing party, to also publicly declare its position.

“If the other participants confirm that they have no objection then what could possibly be the argument for depriving the PDP of a voice at that debate. Even if that were not the case there is a clear case of inclusion on the grounds of fairness and democracy.”

The PDP are also inviting the electorate to “send a clear message of displeasure for such undemocratic action” by supporting the PDP stance.

The PDP statement this afternoon concludes that they are writing to the Chairman of the Board of the GBC, asking that the broadcasting policy decision be reversed and that the PDP Leader be allowed to participate in the Leaders’ debate. The statement ends with this warning to the GBC Board:

“If such confirmation is not received by 5pm on Monday 24th September the PDP will ask its lawyers to file appropriate legal action in the Supreme Court to seek an Order allowing the PDP’s participation in the Leaders’ debate.”

Source: Progressive Democratic Party - Press Release - 21 September 2007

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Gibraltar General Election - Thursday 11th October 2007

Gibraltar’s Equality Rights Group GGR has today appealed to the Management of the GBC (Gibraltar Broadcasting Corporation) to re-think and reverse their decision regarding the PDP Leader’s exclusion from Leader debate programmes during the run up to the General Election next month.

In a statement from the Equality Rights Group today, Chairman Felix Alvarez says the GBC’s decision preventing the leader of the PDP from appearing in the customary ‘Eve of Polling Day Leader’s Debate’ which is normally televised live on the GBC is “disproportionate”.

Mr Alvarez said:

“A strict approach to this question, whilst arguably within technical reason due merely to the title given to the programme, is nonetheless disproportionate.

As a small community, Gibraltar needs as much political diversity as can be mustered. To prevent face-to-face live debate between the main contenders to Government and not only the PDP but one-person independent candidates would be to practise political protectionism of one set of politicians from exposure to the competing ideas of others who present themselves before this community.”

Mr Alvarez recalls that the Equality Rights Group GGR has advocated freedom from political interference with the GBC in the recent past.

“In particular following announcements not so long ago of a review of its structure and practices we cautioned vigilance on the part of the public to ensure this was not a ploy by Government to control our broadcast services.”

The Equality Rights Group GGR Chairman said the GBC “must practise the same level of equanimity towards the pluralistic culture that we as Gibraltarians strive for” and suggests a change of name for the traditional pre-election leaders’ debate and for it to include representatives from all parties and independents standing for election.

“It will be no big deal to rename the programme ‘the Contenders debate’ and allow the main parties, alongside the minor parties and the independents too, the opportunity to be seen by the Electorate in free and open debate and thus overcome the strict technicalities and obstacles whilst serving this community as GBC is indeed entrusted to do.”

Despite its issued announcement of ‘no change’, and particularly in view of the GSLP/Liberals statement of no objection to Mr Azopardi’s inclusion, Mr Alvarez urges the Broadcaster to “do whatever it takes to rectify this situation in the interests of serving the community of Gibraltar at large at these Elections”.

Chairman Alvarez concludes:

“The public has a right to see how the politicians measure up against each other in lively and open discussion and GBC will no doubt find much respect and appreciation from the public it serves if it reconsiders this matter.

Keith Azopardi, Charles Gomez and Richard Martinez ought to have the opportunity to lock horns with Caruana and Bossano and let the public decide!”

Source: Equality Rights Group GGR Press Release - 21 September 2007

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Gibraltar General Election - Thursday 11th October 2007

The GBC (Gibraltar Broadcasting Corporation) have informed all party election agents that only the Leaders of Parties presenting at least nine or ten candidates shall be invited to the customary ‘Eve of Polling Day Debate’ which is normally televised live on the GBC.

This policy, the GBC say, will also apply to interviews given on GBC Radio.

On Tuesday, the Progressive Democratic Party announced their ‘line up’ for the October General Election . The PDP have nominated only six candidates and will therefore be the party most affected by the policy the GBC are implementing in the exposure they are prepared to offer the major political parties.

Announcing their candidates earlier this week, Party Leader Keith Azopardi said:

“While the Party would have preferred to put up a slate of nine candidates it has not, on this occasion, been possible. However the influence that we have in the next Parliament will depend on the electorate and it is entirely possible, if enough of our candidates are elected, for the PDP to have real influence in Gibraltar politics now and even aspire to be in Government.”

In a press statement this afternoon, responding to the message from the GBC explaining their policy to the Party Election Agents, the Progressive Democratic Party said they consider the GBC’s Election broadcasting policy to be “unfair and undemocratic”.

In their statement, a spokesperson for the PDP said:

“It (the GBC broadcasting policy) would deprive its Party of an equal chance to put its views before the electorate at a crucial time in the election process.

Only the people of Gibraltar can decide what role a Party should play in Gibraltar politics and it is not up to any entity to prejudge matters.”

The PDP explain that if the GBC maintains this stance, “it is clearly inconsistent with what it has done before”.

“In 1992 the Gibraltar National Party (GNP) fielded just 7 candidates at the election but its Leader, Joe Garcia, participated in the Leader’s debate on television and was given an extended (one on one) interview as all other Leaders were in that election.”

The PDP want to know why this practice is “not being followed now?” In their statement, they also ask:

“Who stands to gain from this decision?”

The PDP suggest that it will not be “democracy or the promotion of free debate” that will gain from this GBC policy. The PDP spokesperson added:

“This is precisely what the PDP are concerned about. There should be more democracy in Gibraltar – not less. More debate – not less.”

The PDP spokeperson says that to “exclude Keith Azopardi from the Leader’s Debate or Leader’s interviews in those circumstances would be unfair, undemocratic and inconsistent with previous practice”, and concluded:

“The PDP have written to the Acting General Manager of GBC today for clarification and making clear that this issue will be raised by its election agent at the meeting of election agents at GBC tomorrow.

In the meantime the PDP is calling on all other political parties at this election to publicly clarify their stance and whether they object to Keith Azopardi’s inclusion in the Leader’s Debate and in Leader’s interviews on radio.”

Source: Progressive Democratic Party - Press Release - 20 September 2007

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Gibraltar General Election - Thursday 11th October 2007

The Progressive Democratic Party this morning submitted their nominations for the candidates that will contest the 11th October General Election on behalf of their Party.