This is the final text of a motion relating to the Referendum on whether Gibraltar should approve The Draft Despatch and Draft Gibraltar Constitution Order 2006 to be held on the 30th November 2006.
This Motion, which was proposed by the Chief Minister Peter Caruana, was approved, after much debate and amendments, by the House of Assembly on Monday 30th October 2006.
“THIS HOUSE
1.’ RECALLS its Motion dated 7th July 1999 constituting a Select Committee of the House to review all aspects of the Gibraltar Constitution Order 1969 and to report back to the House with its view on any desirable reform thereof.
2. RECALLS its Motion dated 27th February 2002 approving and adopting the report of the Select Committee.
3. NOTES AND WELCOMES the outcome of the negotiations on the text of a draft new Constitution, conducted between November 2004 and March 2006 by the Gibraltar Delegation (consisting of the Chief Minister, the Hon P R Caruana, the Minister for Education, Training, Civic and Consumer Affairs, the Hon Dr B A Linares, the Leader of the Opposition, the Hon J J Bossano, the Hon Dr J J Garcia, the Chief Secretary, Mr E G Montado, Mr K Azopardi, Mr D Feetham, the Hon A J Canepa and the late the Hon P J Isola) and Her Majesty’s Government in the United Kingdom, namely the text of the draft Constitution tabled in the House by the Hon the Chief Minister.
4. NOTES the statements by the British Government, made in Gibraltar, in the House of Commons and in the United Nations, that this new draft Constitution provides for a modern and mature relationship between the United Kingdom and Gibraltar, which description would not in Her Majesty’s Government’s view apply to any relationship based on colonialism.
5. NOTES the recital, in Chapter One of the draft new Constitution, of the right to self determination of the people of Gibraltar in the following terms:
“Whereas all people have the right of self determination and by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development and may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation based upon the principle of mutual benefit and international law;And whereas the realisation of that right must be promoted and respected in conformity with the provisions of the Charter of the United Nations and any other applicable international treaties.”
6. NOTES that under Article 1.3 of the International Covenant on Civil and Political Rights, all States party to the Covenant shall promote the realisation of the right of self determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
7. NOTES the view in the proposed Despatch that would accompany the new Constitution if it is approved by the people of Gibraltar that:
“Her Majesty’s Government therefore supports the right of self determination of the people of Gibraltar promoted in accordance with the other principles and rights of the UN Charter, except insofar only as in the view of Her Majesty’s Government, which it has expressed in Parliament and otherwise publicly on many occasions, Article X of the Treaty of Utrecht gives Spain the right of refusal should Britain ever renounce sovereignty. Thus, it is the position of Her Majesty’s Government that there is no constraint to that right, except that independence would only be an option for Gibraltar with Spain’s consent.”
REJECTS the view that the Treaty of Utrecht constrains in any manner whatsoever the right of self determination of the people of Gibraltar, and WELCOMES that Her Majesty’s Government, in the said Despatch, takes note that Gibraltar does not share the view that such constraint exists and that our acceptance of the new Constitution would be on that basis.
8. Subject to the final paragraph of paragraph 7, NOTES AND WELCOMES
the statements made by the British Government publicly, in Gibraltar, in the House of Commons (on the 4|h July 2006) and in the United Nations (on the 5th October 2006), that the Referendum (being the Referendum to which this Motion relates) in which the draft new Constitution is put to the people of Gibraltar for their decision, will be an exercise of the right of self determination by the people of Gibraltar, in the context set out in those statements.
9. NOTES that the draft new Constitution will contain, in the same terms and manner as in the current Constitution, the historical sovereignty preamble, representing the solemn assurance by Her Majesty’s Government in the United Kingdom to the people of Gibraltar on the question of Sovereignty.
10. NOTES that under the terms of the draft new Constitution there is no diminution in British Sovereignty of Gibraltar, and that Gibraltar will remain in a close Constitutional relationship with the United Kingdom, which the United Kingdom considers provides for that degree of self government which is compatible with British Sovereignty of Gibraltar and with the fact that the United Kingdom will remain responsible for Gibraltar’s external affairs.
11. RATIFIES, APPROVES AND JOINS in the holding of a Referendum in which the people of Gibraltar, by a formal and deliberate act in a free and democratic manner, and as an exercise of their right to self determination, will decide whether they approve, and therefore accept, or disapprove, and therefore reject, the proposed new Constitution for Gibraltar and the status that it represents in the process of bringing about the decolonisation of Gibraltar.
12. APPROVES the question to be posed in the Referendum, namely:-
“ln exercise of your right to self-determination, do you approve and accept the proposed new Constitution for Gibraltar?
YES NO
13. RATIFIES AND APPROVES Thursday the 30th November 2006 as the date for voting in the Referendum.
14. RATIFIES, APPROVES AND ADOPTS the designation of Mr Dennis Reyes, as Referendum Administrator.
15. RATIFIES AND APPROVES of the appointment of a committee to administer the Referendum independently of political parties, consisting of past and present senior civil servants comprising:
(1) Mr Ernest Montado, Chief Secretary, as Referendum Co-ordinator;
(2) Mr Melvyn Farrell, Clerk of the House
(3) Mr Frank Carreras
(4) Mr John Desoiza
(5) Mr Brian Catania
(6) Mr Robert Santos
16. RATIFIES, APPROVES AND ADOPTS, for use in this Referendum (save where inapplicable or impractical) the Referendum Rules 2002, ratified, adopted and approved by this House by Resolution dated 14th October 2002.
17. NOTES that the UN defines an act of self determination as the people of a non-self governing territory deciding the future status of their homeland AND NOTES ALSO Regulation 2625 of December 1970 of the General Assembly relating to the Fourth Option.
18. CONSIDERS, RATIFIES AND APPROVES that the following categories of persons should be regarded as the people eligible to exercise the right of self determination and thus to vote in the Referendum:
(1) Resident Gibraltarians registered in the Register of Gibraltarians under the Gibraltarian Status Ordinance;
(2) Resident British Overseas Territories Citizens by virtue of a connection with Gibraltar;
(3) British Nationals who have been ordinarily resident in Gibraltar for not less than ten years immediately preceding Referendum Day.
19. CALLS UPON AND AUTHORISES the Chief Minister, after consultation with the Leader of the Opposition, to invite persons and entities to act as observers of the Referendum.
20. DECLARES the importance of this question to Gibraltar and urges all entitled voters to cast a vote in the Referendum.”
Related Articles and Links:
The Draft Despatch and Draft Gibraltar Constitution Order 2006
Read more Articles and News reports about Gibraltar’s Constitutional Reform Debate 2006
Read more Articles and News reports about Gibraltar’s legislative Council, The House of Assembly