Gibraltar News Online

• Chief Minister Caruana at UN Special Committee on Decolonisation in New York

The Chief Minister Peter Caruana told the UN this morning that, “as far as we are concerned, the decolonisation of Gibraltar is no longer a pending issue”.

The Chief Minister of Gibraltar was addressing the UN Special Committee of 24 on Decolonisation (C24), during this year’s annual ‘pilgrimage’ to the United Nations in New York. Mr Caruana is accompanied by the Government Press Secretary Francis Cantos.

During his address to the 9th Meeting of the Special Committee of 24 on Decolonisation, considering the question of Gibraltar, the Chief Minister told the Special Committee that Gibraltar no longer regarded its presence on the list of Non-Self-Governing Territories as signifying that it was a colony pending decolonization, and that the administering power, the United Kingdom, in a report that had been prepared by the Gibraltar Government, had said Gibraltar should not remain on the list.

Referring to Gibraltar’s new Constitution, which had entered into force last year, he said Gibraltar’s relationship with the United Kingdom, accepted in an act of self-determination, through the Constitutional Referendum held in 2006, was understood by the Governments of both the United Kingdom and Gibraltar to be a modern, non-colonial relationship, which resulted in Gibraltar no longer being a colony.

Mr Caruana, noting that it was his thirteenth successive annual address to the Committee, said he had failed to recruit the Committee’s support of Gibraltar’s decolonisation, based on the application of the principle of self-determination. There was no rule or principle that required decolonization to be other than by self-determination in cases where there was a sovereignty dispute. There was no United Nations doctrine to that effect. “Yet [the Committee’s] acts do not reflect these clear principles”, he said, adding:

“Instead, you have allowed the principles applicable to a colonial peoples’ decolonisation to be contaminated by the anachronistic and competing territorial sovereignty claims of neighbours. You have allowed arguments in support of such claims to stand above sacred principles and doctrines that exist to protect the very peoples whose rights you are mandated to uphold.

I do not believe that this has happened as a result of any objective consideration of the issues and principles, but rather as a result of the machinations, and disproportionate influence on the work of this Committee of sovereignty claimants and other countries that are their diplomatic friends. This is not a measure of the merit of our case or of the extent of our rights, or of UN doctrine, but rather, it is a measure of our inferior diplomatic strength and horse trading power as a very small country. Indeed, this Special Committee exists to protect colonial peoples from that very thing, which the Committee has singularly failed to do in our case.”

He said that had been clear during the regional seminars, which submitted reports to the Special Committee stating that certain principles had been adopted by the participants, which, in fact, had never even been discussed. Participants from the Territories had not been allowed in the drafting Committee, which had issued a final statement. Mr Caruana added:

“The Government of Gibraltar no longer attends the regional seminars, and will not do so while our presence might add legitimacy and credibility to these shocking practices, about which I have complained before.”

Mr Caruana argued that the reports of the seminar had then been adopted by the Special Committee, thus pronouncing that listed Territories that had the misfortune to be the subject of a sovereignty dispute were not entitled to decolonisation by self-determination, despite this being described as a fundamental human right.

“It is a complete misconception to mix up and confuse decolonisation and sovereignty disputes in this way. But in so far as concerns this Special Committee, I believe that it’s obligations are very clear. If you think that Gibraltar is a colonial case that remains pending decolonisation, then you are obliged to apply the principle of self determination to its decolonisation, since self determination is, under UN doctrine and international law, the only principle applicable in the decolonisation process.

On the other hand, if you think, for any reason, that Gibraltar is not really a colony, but a sovereignty dispute, then this Committee has no jurisdiction in the case of Gibraltar, because you simply have no mandate or other jurisdiction to deal with sovereignty disputes, and you should therefore ask the General Assembly to relieve you of responsibility for the case of Gibraltar, by delisting us.

Furthermore, he said:

“The principle of territorial integrity is not a principle that is applicable to the decolonisation of a Territory on your list, since such a Territory is not part of a State that would be disintegrated by such decolonization. It is axiomatic.”

Mr Caruana explained that the new constitutional relationship with the United Kingdom, accepted in an act of self-determination, namely the referendum, was understood by the Governments of both the United Kingdom and Gibraltar to be a modern, non-colonial relationship that resulted in Gibraltar no longer being a colony, adding:

“As far as we are concerned the decolonisation of Gibraltar is no longer a pending issue.

If the UN wishes to define decolonisation differently, or to cling to outdated and unrealistic delisting criteria, that amongst other consequences will result in the Special Committee never being able to finish its work, that is a matter for you. But, that does not alter the reality of our circumstances as I have just described them. We no longer regard that matter, namely, our presence on that list as signifying that we are a colony pending decolonisation.”

Mr Caruana reminded the Committee, that in its annual report on Gibraltar, the United Kingdom indicated that Gibraltar should not remain on the list. He said the Committee should be aware that the report, in fact, had been prepared by the Gibraltar Government.

The dispute between the United Kingdom and Spain related to the sovereignty of Gibraltar and not to its decolonisation, he said. The text of the annual consensus resolution was now a fiction, because there had been no bilateral negotiations, as referred to in that resolution, since 2002. The United Kingdom had stated that it would not enter into a process of sovereignty negotiations with which Gibraltar was not content, and he emphasised:

“In other words, the Brussels Process is dead because Gibraltar is opposed to it and the UK will not participate in it if Gibraltar is opposed to it.”

Mr Caruana said the only process of dialogue that now existed was the Trilateral Forum of Dialogue between the Governments of Spain, Gibraltar and the United Kingdom. He affirmed that this Forum had a completely open agenda, thus allowing any and all issues to be raised for discussion.

Concluding his address, the Chief Minister said that, there was no longer any need for Gibraltar to look to the Committee for help in its decolonisation:

“We profoundly disagree with the Special Committee on many issues of fundamental importance to us, and even though there is no longer any need for us to look to the Committee to help us bring about our decolonisation, we continue to acknowledge the essential work that the Committee has carried out in the past, and its contribution to the advancement of the world over decades.”

Mr Caruana added that Gibraltar remained willing to cooperate with the Special Committee on any matter that it wished, not least on its delisting criteria and how Gibraltar could now be removed from the United Nations list of Non-Self-Governing Territories.

Finally, the Chief Minister thanked the Committee:

“I thank the Special Committee and its staff for the many courtesies that it, and they have shown the Gibraltar Government now and in the past, and through the Gibraltar Government, to the people of Gibraltar.”

Spain’s Response

The permanent representative of Spain to the United Nations, Juan Antonio Yáñez-Barnuevo, insisted, however, that the full mandate of the United Nations in carrying out Gibraltar’s decolonisation must be effected through negotiations between the United Kingdom and Spain, taking into account the interests of the people of Gibraltar.

He said the Territory was not only the subject of a sovereignty dispute, to which the 1713 Treaty of Utrecht applied, but there was also a dispute over its geographic boundaries, thus making it even more evident that the issue affected the territorial unity of Spain. He hoped Spain could count on the United Kingdom to resume the negotiations that had unfortunately come to a standstill in 2002.

Leader of the Opposition Statement

Joe Bossano, the Leader of the Opposition in Gibraltar, who also addressed the Committee, emphatically replied:

“Gibraltar will never, ever, be a part of Spain again.”

In relation to the Spanish position, the United Kingdom has stated that they do not accept that the concept of territorial integrity applies to Gibraltar’s decolonisation. They have also stated that they would not participate in any sovereignty discussions with Spain. Mr Bossano added:

“Why on earth should Gibraltar and its people ever be content to see their sovereignty discussed with Spain by their administering power, or their former administering power, depending on whether we are already decolonised or not?

As far as we are concerned, the decision on that question was taken by the 2002 Referendum, and is now closed.”

Mr Bossano urged the Committee to not simply record the fact that it had the information on Gibraltar from the United Kingdom, but express a view on the relevance of the United Kingdom’s claim that Gibraltar’s new Constitution provided for a modern relationship between Gibraltar and the United Kingdom that was non-colonial in nature. The Committee had the duty to say why that relationship still fell short of the level of self-government required to make the relationship non-colonial, if that was indeed its view.

Background

The Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples met this morning to consider the questions of Gibraltar.

A working paper prepared by the Secretariat on Gibraltar (UN document A/AC.109/2008/8 and Corr.1) outlines, among other things, the political developments, economic and social conditions in the Non-Self-Governing Territory and the role of the Special Committee and the Fourth Committee (Special Political and Decolonization), as well as the positions of the administering Power (the United Kingdom), the territorial Government and the Government of Spain on the Territory’s future status.

The working paper notes that, according to the United Kingdom’s Permanent Representative, the Gibraltar Constitution that came into force in 2007 provided for a modern relationship between Gibraltar and the United Kingdom that was non-colonial in nature. It was regrettable that the outdated approach of the Special Committee seemed not to have allowed for that to be recognised. The new Constitution confirmed the right to self-determination, which was not constrained by the 1713 Treaty of Utrecht except insofar as it gave Spain the right of refusal should Britain ever renounce sovereignty. The United Kingdom Government had never accepted that the principle of territorial integrity had ever been applicable to the decolonization of Gibraltar. The United Kingdom would never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another State against their wishes.

According to the Chief Minister of Gibraltar, the paper states, the new Constitution gave Gibraltar complete self-government except in matters relating to foreign affairs and defence. The people of Gibraltar did not believe that independence was the best option for their Territory. The United Kingdom had neither the power nor the ability to act as an administering Power in Gibraltar, nor did it demonstrate any wish to do so. Gibraltar, therefore, should be removed from the list of Non-Self-Governing Territories.

Spain’s representative, according to the paper, had said that the continuation of the colonial situation in Gibraltar was not in conformity with the United Nations Charter, because it undermined the territorial integrity of Spain. In the process of decolonizing Gibraltar, it would be necessary to address and definitively settle the related sovereignty issue. His Government regretted that, despite its expressions of willingness to resume negotiations with the United Kingdom on the sovereignty issue, no progress had been made. The principle of self-determination did not apply to Gibraltar since decolonization of that Territory could only result from bilateral negotiations between Spain and the United Kingdom.

The paper goes on to say that, since the establishment in 2004 of the tripartite Forum of Dialogue on Gibraltar, there had been several rounds of discussions that led to the 2006 Cordoba agreements, which covered such areas as pension for Spanish workers in Gibraltar, the Gibraltar airport and telecommunications.

During the Forum’s latest meeting, in 2007, the participants acknowledged the satisfactory implementation of all the agreements and had preliminary discussions on the Forum’s forward agenda, namely cooperation on environment, financial services and taxation, judicial and police issues, education, maritime communications and visa-related issues.

Meeting’s Conclusion

Agreeing with a proposal by the Chairman, the Committee decided that, in light of related developments, it would continue its consideration of the question of Gibraltar at its next session, subjected to any directives that the General Assembly might wish to give at its next session. To facilitate the Fourth Committee’s consideration of the item, all relevant documentation should be transmitted to the Assembly’s sixty-third session.

Sources: UN > Department of Public Information > News and Media Division / Gibraltar Government Press Release - Press Releases - 18 June 2008

Related Articles and Links:

Full text of the Chief Minister of Gibraltar’s address to the United Nations Committee of 24 (Decolonisation) on 18 June 2008

United Nations Charter

UN Special Committee of 24 on Decolonisation (C24)

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Constitutional Referendum 2006

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A recent report on Human Rights in Gibraltar says Gibraltar’s human rights are backward and outdated compared to most of Europe.

Peter Tatchell, the well known human rights campaigner recently visited the Rock on a fact-finding tour, as a guest of Gibraltar’s Equality Rights Group GGR.

As a consequence of his visit, Mr Tatchell has produced, what many will consider to be, a concerning report on the current state of Human Rights in Gibraltar. His conclusions should not leave Gibraltarians with any feelings of complacency.

Peter Tatchell – Gibraltar Human Rights Report – 2 October 2007

1. Sexual minorities

• Equality and fairness requires that Gibraltar legislate legal recognition and rights for same-sex couples – perhaps modelled on the UK’s Civil Partnership Act 2003 but also – unlike the flawed UK law - making civil partnerships available to heterosexual couples to ensure parity.

• The unequal age of consent for gay men is illegal under the European Convention on Human Rights, to which Gibraltar is required to adhere. Why is the government defying the European Court and refusing to equalise the consent laws?

• Also unlawful under the European Convention are the discriminatory homophobic offences of ‘buggery’, ‘attempted buggery’ and ‘gross indecency.’ The government should scrap these anti-gay laws to ensure that the criminal law does not discriminate on the grounds of sexual orientation.

• Eligibility for affordable housing schemes has been extended to unmarried heterosexual partners but not to unmarried same-sex partners. How can this differential treatment be justified?

• In the absence of legal protection against discrimination in the provision of goods and services, restaurateurs, hoteliers and shop owners are entitled to refuse to serve a gay or lesbian person. When does the government propose prohibit anti-gay discrimination in the provision of goods and services? It has already eliminated such discrimination on the grounds of race and ethnicity. How about also protecting the gay and lesbian citizens of Gibraltar?

• Why, seven years after its establishment, is GGR one of the very few community organisations that receives no government funding or premises? It is providing a valuable social and community service.

2. Equal Opportunities Commission

• The creation of the EOC is a welcome first step, but its terms of reference have never been made public. Why not? The remit of the EOC is narrowly defined to cover only race equality. It should be extended to cover all discrimination, including discrimination based on gender, age, sexual orientation, disability and religion or belief, possibly along the lines of the UK’s new Commission for Equality and Human Rights.

3. Disabled rights and mental health issues

• Why is there is no walking stick or Braille training for the blind or visually impaired?

• The government has promised to build a new Psychiatric Hospital – when does it intend delivering on this promise?

• Disabled people have limited legal protection against discrimination. To remedy this failing, legislation similar to Britain’s Disability Discrimination Act is a priority. It would help safeguard the rights and welfare of disabled Gibraltarians.

• There is an urgent need for a full independent public inquiry into allegations of abuse at the Dr Giraldi Home. In the meantime, the Police Commissioner should open a new investigation into allegations of criminal misconduct.

4. Media independence

• It is highly desirable to establish an independent Press Complaints Commission to safeguard freedom of the press and ensure fair and ethical standards of reporting – with adequate statutory redress for people who have been unfairly maligned by the media.

• The Gibraltar government announced it will undertake a review of GBC. Why has the government not announced the terms of reference, scope and timetable of this review?

5. Moroccan community

The Moroccan community has raised a number of concerns, including parent’s difficulties in obtaining visas for their children to visit Gibraltar during the summer holidays; the denial of permanent residence rights to people who have lived and worked in Gibraltar for 25 years or more, contrary to Gibraltar’s own laws; and the unfairness of the English-proficiency requirement for residence, given that the government has failed to provide English language training to enable applicants for residence to fulfil this requirement.

6. The drift to autocracy

There are concerns at the way the Chief Minister has taken for himself the very important Ministries of Finance and Justice. This is a very unhealthy concentration of power in the hands of one man, which goes against the British tradition of separation of powers and of checks and balances.

The suspension of the Chief Justice, Derek Schofield, combined with the Chief Minister’s assumption of the Justice Minister post, raises questions concerning the independence of the judiciary and the proper separation of powers between the judiciary and the executive.

The allied criticisms of the operation of industrial tribunals and their failure to provide swift, fair rulings to appellants – including the fact some claimants have great difficulty in funding their cases. Everyone should be entitled to equal access to justice.

Conclusions

Gibraltar is a full signatory of the European Convention on Human Rights. However, Mr Tatchell has found that there are substantial “human rights deficits in Gibraltar”.

It is backward and outdated compared to most of Europe. The public mood seems to be in favour of equality and human rights, but legislative action is being thwarted by the government of Peter Caruana.

I do not understand why the Chief Minister is so reluctant to ensure equal and fair treatment for all Gibraltar’s citizens. It would cost him next to nothing and win him much goodwill.

Gibraltar is fantastic. But it is being bought down by the foolish prejudice of its government.

These are my findings and recommendations. It is up to the people and government of Gibraltar to decide which, if any, of these proposals they wish to implement.

I couldn’t agree more. As Mr Tatchell says, there IS a human rights deficit in Gibraltar. Human Rights in Gibraltar ARE backward and outdated compared to most of Europe and the Government should make every effort to correct this by following Mr Tatchell’s comprehensive recommendations.

The Equality Rights Group GGR, headed by Felix Alvarez, have long been campaigning on these issues. They do great work and I support all they do wholeheartedly… but they cannot do it alone, they need the help and support of the Gibraltar community! At the end of the day, Mr Tatchell hits the nail on the head when he says… “It is up to the people and government of Gibraltar to decide which, if any, of these proposals they wish to implement.” ALL would be fine by me!

Source: Peter Tatchell, human rights campaigner – Gibraltar, 2 October 2007

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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

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 National Day 2007

Gibraltar is celebrating its annual National Day today the 10th September 2007.

At the traditional National Day Political Rally at Casemates, a spirited and well behaved crowd enjoyed the official celebrations including a number of speeches made by visiting UK politicians and Gibraltar’s Chief Minister Peter Caruana, who repeated some of the themes outlined in his National Day Message.

As is now traditional 30,000 red and white balloons were released at the start of festivities.

The crowd at casemates went on to enjoy music from local musicians whilst other events included live music at Governor’s parade and a family fun day at Commonwealth Parade.

Events continue into the night with a Verbena at Commonwealth Parade with music from Jazz friends and Sabor latino and a rock concert with music by local bands at Waterport Coach Park. As is now customary, the Gibraltar National Day celebrations will culminate with a fireworks display off the Detached Mole.

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Bay of Gibraltar Air Pollution • ESG and La Plataforma por El Estudio Epidemiologic submit Petition calling for Epidemiological Studies

Gibraltar ecologists, the Environmental Safety Group (ESG) have today submitted the Petition, calling for Epidemiological Studies to be carried out in Gibraltar and the Campo de Gibraltar area.

The Petition, which was signed by 13,000 people and included 215 signatories online, was submitted to the Chief Minister’s Secretary at No.6 Convent Place at midday today by a delegation from the ESG, who were accompanied by their legal advisor David Dumas QC. The Chief Minister’s Secretary accepted the Petition on behalf of La Comision Mixta de Colaboracion, of which the Gibraltar Government is a constituent part.

A statement from the ESG, announcing the submission, said that the Petition “reflects the serious concerns felt by residents across the Bay, including Gibraltar, of the short and long term health effects of the CEPSA Oil Refinery and associated petrochemical industries”.

The ESG say these concerns have been “validated with the publication of Profesor Benach’s ‘Atlas of Mortality‘ which highlights a striking cluster of mortality in the province of Cadiz generally, in which the Bay specifically fares poorly”.

A spokesperson for the ESG added:

“It is sincerely hoped that together with media campaigns and close monitoring and vigilance on the part of environmental activists and citizens in general that this petition will lend pressure on politicians to prioritise the environment, our health and that of future generations.”

This Petition and campaign has been organised by the ESG and La Plataforma por el Estudio Epidemiológico, of which the ESG is a constituent part. La Plataforma is asking unequivocally for “independent and rigorous health studies to be done at cross border level with the trust and co-operation of the public to establish the full impact from heavy industrial activities and for this to be done urgently”.

The cross border ecologist grouping say they are hopeful to be able to meet “face to face with La Comision Mixta”, to discuss all their concerns regarding pollution issues in the Bay of Gibraltar in more detail.

The Petition followed a cross-border demonstration last November, which demanded that a epidemiological studies programme should be set up in Gibraltar and the Campo de Gibraltar area. The ESG organised the petition in support of their call for the Studies, asking La Comision Mixta to fulfill their pledge to jointly fund a rigorous, independent epidemiological study.

The ESG wishes to thank all those who gave of their time to help collect signatures. They also wish to advise that the Online Petition being run by Gibraltar News Online in support of this campaign (and which the Signatures to date were included in the Petition submitted today) will continue.

Sources: Environmental Safety Group (ESG) - Press Release - 14 May 2007

Editor’s Comment

We are delighted at the news of the submission of this important Petition demanding these studies be carried out by our Governments and by the support the offline Petition has received.

Gibraltar News Online’s own Petition, though widely publicised, has been signed by only 215 people. Naturally we are a little disappointed that the online petition attracted such little support.

In view of the extreme importance this issue has to the health of Gibraltarians and that of the communities in the surrounding area, this, by any yardstick, and it has to be said, is a very disappointing level of support for such an important demand by the ESG and La Plataforma, calling for these studies to be carried out. However, in the light of the clear support, as shown by the many who have signed the physical (offline) petiton we are somewhat more heartened and hopeful that the Petiton will now have the impact with the authoritie, that it justly deserves.

There are currently two threads running in our Forums on the issue of the need for these Epidemiological Studies to be carried out. If you are interested to read them and / or would like to make a comment, you can find them here:

Epidemiological Studies Petition

Your Health Is In Your Own Hands

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Agaden - Asociación Gaditana para la Defensa y Estudio de la Naturaleza

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Global Community Monitor

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12 May 2007 - ESG to hand in Petitions for Epidemiological Studies on Monday

05 May 2007 - ESG report on cross border Demonstration protest against CEPSA Refinery pollution

02 May 2007 - ESG join in Campo Demonstration protest against CEPSA Refinery emmissions

03 April 2007 - ESG express concerns over new ‘flaring’ at CEPSA Refinery

11 November 2006 - Online Petition for Epidemiological Studies needs YOUR support

15 September 2006 - Green pressure mounts on CEPSA Refinery

31 May 2006 - Cross-Border call for Campo Pollution probe

25 May 2006 - Bay and Campo Ecologists Groups organise campaign against Bay Pollution

23 May 2006 - New ‘flare up’ at CEPSA Refinery in Bay of Gibraltar reports ESG

03 May 2006 - ESG reports another ‘flare up’ incident at CEPSA Refinery in Bay of Gibraltar

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View ESG Images in our Gibraltar Picture Gallery’s ESG Albums

My Gibraltar Directory - Website Directory of Gibraltar and the Campo de Gibraltar

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Bay of Gibraltar Air Pollution • ESG and La Plataforma por El Estudio Epidemiologico will submit Petitions calling for Epidemiological Studies on Monday

Gibraltar ecologists, the Environmental Safety Group (ESG) have today announced that the Petition, calling for Epidemiological Studies to be carried out in Gibraltar and the Campo de Gibraltar area, will be handed to the Chief Minister’s Secretary on Monday.

The Petition followed a cross-border demonstration last November, which demanded that a epidemiological studies programme should be set up in Gibraltar and the Campo de Gibraltar area. The ESG organised a petition in support of their call for the Studies, asking ‘Los Barrios Process’ and the Comision Mixta de Colaboracion, of which the Gibraltar Government is a constituent part, to fulfill their pledge to jointly fund a rigorous, independent epidemiological study.

In conjunction with the ESG and La Plataforma por el Estudio Epidemiológico, Gibraltar News Online also organised an Online Petition to run in tandem with that being conducted offline in Gibraltar and throughout the Campo de Gibraltar.

Both Petitions, will be submitted by members of the ESG to the Chief Minister’s Secretary at No.6 Convent Place on Monday 14th May at 12:00 pm. The Chief Minister’s Secretary will receive the Petitions on behalf of La Comision Mixta. The ESG delegation will be accompanied by their legal advisor David Dumas QC of Hassans Law.

At the same time their Spanish counterparts from La Plataforma por el Estudio Epidemiológico will be handing in a copy of the petition to the Junta de Andalucia offices in Algeciras.

The petition will also be submitted to the European Commission.

The ESG will issue a further statment, following their submission on Monday, when it is expected, the total number of signatories to the Petition will also be announced.

Sources: Environmental Safety Group (ESG) - Press Release - 12 May 2007

Related Articles and Links:

Online Petition - Epidemiological Studies in Gibraltar and Campo de Gibraltar area

Gas flaring at Refineries - Information from Wikipedia, the free encyclopaedia

Global Community Monitor

La Plataforma por el Estudio Epidemiológico

Agaden - Asociación Gaditana para la Defensa y Estudio de la Naturaleza

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View Atlas of Mortality Study - pdf downloadable document

Global Community Monitor

Gibraltar Government Air Quality Monitoring

Junta de Andalucia - Consejería de Medio Ambiente > Calidad del Aire

12 May 2007 - ESG to hand in Petitions for Epidemiological Studies on Monday

05 May 2007 - ESG report on cross border Demonstration protest against CEPSA Refinery pollution

02 May 2007 - ESG join in Campo Demonstration protest against CEPSA Refinery emmissions

03 April 2007 - ESG express concerns over new ‘flaring’ at CEPSA Refinery

11 November 2006 - Online Petition for Epidemiological Studies needs YOUR support

15 September 2006 - Green pressure mounts on CEPSA Refinery

31 May 2006 - Cross-Border call for Campo Pollution probe

25 May 2006 - Bay and Campo Ecologists Groups organise campaign against Bay Pollution

23 May 2006 - New ‘flare up’ at CEPSA Refinery in Bay of Gibraltar reports ESG

03 May 2006 - ESG reports another ‘flare up’ incident at CEPSA Refinery in Bay of Gibraltar

Read more Articles and News reports about Air Pollution issues in Gibraltar

Read more Articles and News reports about Gibraltar ecologists the Environmental Safety Group (ESG)

View ESG Images in our Gibraltar Picture Gallery’s ESG Albums

My Gibraltar Directory - Website Directory of Gibraltar and the Campo de Gibraltar

Comment on this News report - Click on the ‘Comments’ link below - You can also Discuss this Story in our Forum

Cammell Laird dispute • Government, Gibraltar Trades Council and Shipyard Managment reach possible agreement • Locked-out workers reinstated by Cammell Laird

The Gibraltar Government and the Gibraltar Trades Council issued a joint press statement last night, which it is hoped, could herald the end of the Cammell Laird Union dispute.

Following many months of industrial unrest, which according to reports in the Gibraltar Chronicle, has left Cammell Laird “crippled”, the Gibraltar Government and the Gibraltar Trades Council, in a joint statement, yesterday announced a series of measures which will hopefully lead to an agreement with the Unions, which will give the Cammell Laird shiprepair yard an opportunity to recover and thrive in the future.

In consultation with the Chief Minister Peter Caruana and Minister for Trade and Industry Joe Holliday, who also has repsonsibility for Employment, the Gibraltar Trades Council have agreed to organise a secret ballot of Cammell Laird employees. This will be done in partnership with the Gibraltar Government. The ballot’s aim is to ascertain the views of the shipyard’s employees, on the issue of Union recognition.

The T&G’s District Officer Charles Sisarello who has been energetically campaigning for months to obtain negotiating rights at the yard, led the T&G delegation at the meeting. The T&G delegation included Branch Officer Victor Ochello and District Chairman Johnny Cabezutto.

In a gesture of goodwill, Cammell Laird Management have agreed to reinstate the six workers who were effectively ‘locked out’ last month. The T&G, for its part, have reciprocated by lifting all industrial action against the Shipyard.

In a Joint Statement last night the Gibraltar Government and the Gibraltar Trades Council said:

“The Gibraltar Government and the Gibraltar Trades Council yesterday had a lengthy and constructive meeting in relation to Cammell Laird, and have agreed the following course of action:

1. On the issue of union recognition, the GTC, in partnership with the Government, will conduct a secret ballot to ascertain the views of all Cammell Laird employees. This ballot will be held on 23rd April 2007.

   The ballot will seek employees’ views on whether they wish to be represented by a Trade Union (and if so which), whether they wish to be represented by a workers committee, or whether they prefer no representation at all.

   The GTC will conduct an information and advisory process with Cammell Laird workers prior to the ballot.

2. On the issue of allegations relating to conditions at the yard the GTC will provide details to the Government, and the Government will assess the position under applicable laws and commercial agreements between Cammell Laird and the Government.
3. As a gesture of goodwill Cammell Laird has agreed that the six employees who have been “locked out” will be allowed to return to work on the existing terms & conditions applicable to the workforce.
4. The Unions constituting the GTC have agreed not to make any further public statements about this issue until after the ballot, except the information and advisory process to the employees of Cammell Laird to be conducted through the GTC.”

The Joint Statement pointed out that all Unions which constitute the GTC were invited and attended yesterday’s meeting with the Chief Minister and the Minister for Trade & Industry. All Unions concerned, the T&GWU (Transport & General Workers Union), NASUWT (National Association of Schoolmasters Union of Women Teachers) and the GGCA/Prospect Union, have agreed to this Joint statement.

Sisarello withdraws Reyes resignation call

The Gibraltar Chronicle also reported that T&G District Officer Charles Sisarello has withdrawn his call for the immediate resignation of GTC president Edwin Reyes.

Speaking to the Chronicle last night, Mr Sisarello said that in view of the circumstances and the agreement reached, between all parties, “it would serve no purpose to continue calling for Mr Reyes’ resignation.”

Sources: Gibraltar Government / Gibraltar Trades Council - Joint Press Release - 03 April 2007 | The Gibraltar Chronicle

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Gibraltar Government

T&GWU (Transport & General Workers Union)

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NASUWT (National Association of Schoolmasters Union of Women Teachers)

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03 April 2007 - Cammell Laird Union saga continues amidst union accusations and counter claims

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Cammell Laird dispute • Unions promise ‘All-out’ confrontation • ‘We will bring the company to its knees’, says Union • ‘Private company under no obligation to recognise Union’ say Government • Cammell Laird’s refusal to recognise union rights ‘deplorable’ say Opposition • Labour union groups split in row over ‘collusion’

The T&GWU (Transport & General Workers Union) District Committee has unanimously voted a resolution calling for the immediate resignation of Edwin Reyes as president of the Gibraltar Trades Council.

Speaking to the Chronicle yesterday, committee member Michael Netto accused Mr Reyes of “operating as a Gibraltar Government mole in the trade union movement”.

Mr Netto said that there is “an underhand strategy to discredit District Officer Charlie Sisarello”, and further stated that Convent Place (the Chief Minister’s Office) “was interested in the union being weakened by the whole affair”.

This report in today’s Gibraltar Chronicle follows the latest public row between Mr Sisarello and the smaller white-collar unions and an exchange of recriminations in correspondence to the Chronicle.

Meanwhile TGWU District Chairman Johnny Cabezutto said that “the dignity of the trade union was at stake over this issue”.

In a press statement, the TGWU said:

“The District Committee of TGWU/ACTS met yesterday to discuss several items including the position of the president of the Gibraltar Trades Council Edwin Reyes.

We have called upon Mr Reyes to resign with immediate effect from the post because we do not believe that he truly represents the interests of union members in Gibraltar.

It has become clear to us that in an issue as fundamental to the trade union movement as that of recognition of trade union rights (at Cammell Laird) he has not only failed to support our fight for union members to be represented at workplace level, but is colluding with those in the corridors of power undermining and discrediting the trade union movement.

The Gibraltar Trades Council is a tool for working people to raise all issues that affect their working lives. Yet its ability to deliver will be drastically hindered when we approach fundamental issues, like the basic human right to organise in the workplace if the perception to the outside world is that there is division within our ranks.

Our aim now must be to find an honest and sincere formula that unites trade unionists under the banner of the Gibraltar Trades Council once Mr Reyes’ resignation is effective.”

Reyes denies TGWU accusations

Gibraltar Trades Council president Edwin Reyes has denied accusations by the TGWU that he is “puppet of the government”.

Mr Reyes said he does not consult with Government before taking decisions and that as president of the GTC his responsibility is to consult with the other Unions that form the council, GGCA/Prospect, Teachers Association and TGWU.

“We operate by consensus and that can mean that we do not end up doing what the TGWU wants, but the other unions are not going to be dictated upon by the TGWU.”

Referring to the situation at Cammell Laird, Mr Reyes said that it was an established world wide trade union principle that a union was entitled to be recognised if the majority of the workforce wished to be represented by it.

“That is not the case with the TGWU at Cammell Laird, and we have to respect that”, added Mr Reyes.

Source: The Gibraltar Chronicle

Related Articles and Links:

Gibraltar Government

T&GWU (Transport & General Workers Union)

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23 March 2007 - Tensions mount at Shipyard as Cammell Laird impose ‘lock-outs’

20 March 2007 - Unions initiate ’secondary blacking’ actions against Cammell Laird

18 March 2007 - Holliday’s ‘petulant reaction’ in Cammell Laird dispute risks greater consequences

17 March 2007 - Union lose Government support and promise to bring Shipyard ‘to its knees’

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Tripartite Dialogue Forum • Historic meeting of Forum in Gibraltar • Gibraltar, Spain and UK reaffirm commitment to dialogue process • Pons in Speech to Chamber of Commerce

The Cordoba Accord Agreement must be implemented in full or Spain will re-think its entire policy of cooperation with Gibraltar, Madrid’s top negotiator in the Tripartite Dialogue Forum process has warned.

José Pons, the Director General for Europe at the Spanish Foreign Affairs Ministry (Ministerio de Asuntos Exteriores MAE), said that to selectively pick at this “finely balanced” deal would be “a grave act of political irresponsibility” that would rob communities on either side of the border of a unique opportunity for progress.

Writing in today’s Gibraltar Chronicle, Brian Reyes said the message was “nothing new, but its context made it unequivocal”.

Sr Pons was addressing guests at a Gibraltar Chamber of Commerce dinner on Monday evening, just hours after the first-ever trilateral meeting on the Rock.

Although Sr Pons made no explicit reference to the GSLP/Liberals, Gibraltar’s Opposition parties alliance, there was no hiding that his words were largely aimed at those local Opposition politicians, who have publicly vowed not to apply parts of the agreement, if elected.

In September, shortly after the announcements of the Cordoba Accord, the GSLP/Liberals broke their week’s silence on the Tripartite Dialogue Forum’s agreement and declared that, if elected to government, they would “not be bound by any agreements reached by the GSD (Gibraltar Social Democrats) Government with the Government of Spain in the Tripartite Forum negotiations.

“The Spanish Government will not consent to a selective application (of the Cordoba Agreement)” said Sr Pons.

“Anyone who believes that some of these agreements can be partially implemented is mistaken.”

Sr Pons said the Spanish Government would view any move toward selective implementation as “a backward step” that would lead to Madrid “reconsidering its favourable attitude toward local cooperation”.

In response to questions, he later added:

“Naturally, (in that event), Spain would have to review all its policy toward Gibraltar, and when I say all of it, I mean all of it.”

The Spanish diplomat was also asked what he thought would happen to the Cordoba Agreement should the PP (Partido Popular), Spain’s own opposition party, win the next general election in Spain.

Sr Pons ducked the question and replied:

“I cannot speculate with the future sir. I’m looking to the present situation.”

Even before Sr Pons stood up to speak, his Chamber hosts had made clear that they too would be concerned by any move that might threaten what businessmen believe is a positive and welcome deal.

The Cordoba Agreement is “good for business, good for the economy, and therefore undoubtedly good for the community of Gibraltar”, said Nicholas Russo, the President of the Chamber of Commerce, in his opening speech at the dinner.

“We would be concerned by any attempt to re-negotiate this agreement, which might have a detrimental effect on the progress made to date.”

Positive Progress

In a wide-ranging speech, delivered in both Spanish and English, Sr Pons was full of praise for the progress achieved in the Trilateral Process. He said past policies had failed to resolve the Gibraltar question and had damaged prospects for communities on either side of the border.

While Spain has not changed its traditional position on Gibraltar, “and I don’t think it ever will”, Sr Pons said his presence on the Rock illustrated the fruits of a new approach that was already yielding results.

“My presence here is more important than my words”, he told guests at the Chamber dinner.

Sr Pons said none of the three governments had renounced their positions on core issues, but that this should not hinder opportunities for progress.

He was also full of praise for Chief Minister Peter Caruana, who he said had “the political courage” to pursue a process of open-agenda co-operation with Spain, “rather than permanent confrontation”.

“He (Peter Caruana) imagined a future of prosperity for the region and he nobley became involved in the process of the Forum”, Sr Pons said of Mr Caruana.

The Spanish diplomat acknowledged that the sovereignty issue meant that there would always be areas where Gibraltar and Spain disagreed but he said the focus should now be on addressing the day-to-day matters that affect citizens in the region, and not on the areas that separate the two communities.

Sr Pons spoke of working for “a common future, a future of progress, respect and mutual understanding”, and urged a “clean break from the past”.

“We must avoid adopting positions that evoke ghosts from the past that have already disappeared.

No one in Spain is acting with the intention of damaging the Gibraltarians.”

Madrrid urges Gibraltar to rethink ‘exceptional status’

Sr Pons, who led the Spanish diplomatic delegation in the Tripartite Dialogue Forum meeting on Monday, said that Gibraltar should reflect on whether it was worth maintaining its current economic and fiscal model, given the negative impact it has on the Rock’s image and its relations with Spain.

Sr Pons told the Chamber of Commerce dinner guests that, in his own view, Gibraltar’s position outside of the European Customs Union was one that belonged to a past era, a time when the border was closed and Spain was a non-democratic country.

The Rock’s special fiscal and financial status “damages Gibraltar’s good name, and I don’t think it favours residents on the Rock if we really consider the benefits that the collective gains from these activities”, he added.

“I know that it may be hard for you to accept, but a large part of the image problems that Gibraltar has in Spain comes from this exceptional status.”

Such a status, he explained, was more conducive to the evasion of taxation than the creation of wealth, and could damage long term prospects for a sustainable economic system.

“These are issues that, at some point, we will have to jointly resolve if we are to create confidence to overcome the divisions of the past.

The more exceptional the regime in Gibraltar, the more difficult it will be to establish solid cooperation at a regional level, or with the Spanish economic system as a whole.”

Sr Pons described Gibraltar’s growth over the past decades as “admirable”, but he added that the economy had developed “as if the Rock was an island”. He said that while this may have been the case during the closed frontier years, Gibraltar should not continue developing as if it did not have any neighbours.

“My impression is that it should be in everyone’s interest to accept that Spain is vitally important for the prosperity and the future of Gibraltar”, he said.

One guest at the dinner turned the Spanish diplomat’s proposition on its head and asked him why Spain did not embrace Gibraltar as a conduit for its business in Latin America.

“Many of the European countries have got finance centres and Spain actually is one that significantly doesn’t.

Shouldn’t Spain think about Gibraltar being its European finance centre?”

Sr Pons, to loud laughter from dinner guests, replied:

“I will take these points very seriously, and I will make a consideration to our Minister of Finance.”

Sources: The Gibraltar Chronicle | Panorama

Related Articles and Links:

The Cordoba Accord - Full text of the Joint Communique of the Ministerial Meeting of the Tripartite Forum of Dialogue on Gibraltar - 18 September 2006

House of Commons Library | Research Paper 06/48 - 11 October 2006 | Gibraltar: diplomatic and constitutional developments | Summary of Events

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27 March 2007 - Historic meeting of Tripartite Dialogue Forum confirms progress in the diplomatic process

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