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Gibraltar Constitution Order 2006
The Gibraltar Constitution Order 2006 was taken to a referendum in Gibraltar on 30 November 2006. A coalition
of groups opposing the proposal held that a majority of 60% should be required to give effect to a new Constitution,
quoting other instances, but the political parties held that the result should be decided by a simple majority in favour
of the new constitution. The constitution was approved by 60% of the votes anyway.
It was given effect by an Order in Council on 14 December 2006 and it came into force on 2 January 2007. [1] According
to the British government, it aimed to provide a modern and mature relationship that is not based on colonialism
between Gibraltar and the United Kingdom. [2]
Contents
Origin
Publication procedure
Contents
Referendum
Response
On colonialism and modernisation of political institutions
On independence
Criticisms
Result
See also
References
External links
Origin
In 1999, the Government of the United Kingdom invited British Dependent Territories to provide proposals for
constitutional reform. A crossparty committee of the Gibraltar House of Assembly was set up to consult with
interested parties and in January 2002 produced a report, which was subsequently debated and negotiated with the
United Kingdom. The proposals for the reform were accepted by the British Foreign and Commonwealth Office in
March 2006 and then were unanimously approved in the House of Assembly in October. [3]
Publication procedure
Once promulgated by the QueeninCouncil, the Constitution Order was published as a set of documents:
1. The Despatch, the letter under cover of which the Foreign Secretary sent the Constitution order to the Governor of
Gibraltar.[4]
2. The Order in Council, which contained the preamble as main content. It also included several annexes.
3. The Annexes to the Order in Council. Annex No 1 is the text of the Constitution itself; Annex No 2 contains the
transitional and other provisions.
Contents
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The proposed constitution had been negotiated with the British Government by a delegation representing Gibraltar,
comprising the Government, the Opposition and others. The text of the proposed new Constitution had been
welcomed by the House of Assembly in a motion passed unanimously with the support of both sides of the House.
Among changes introduced by the new constitution were:
Renaming the House of Assembly to the Gibraltar Parliament.
Renaming "Members of the House of Assembly" to "Members of Parliament" (MPs).
Removal of the two remaining unelected members of the House of Assembly.
Increasing the number of elected representatives from 15 to 17, with the parliament able to legislate to increase this
number.
Decreasing the Governor's powers, and transferring some of these to elected officials.
Modernisation of the relationship between Gibraltar and the UK, without affecting the issue of sovereignty.
A bill of "fundamental rights and freedoms" enshrined in the constitution.
Referendum
A referendum on the proposed new constitution order was held on 30 November 2006. The motion proposed and
approved was:
In exercise of your right to selfdetermination, do you approve and accept the proposed new
Constitution for Gibraltar?[5]
The possible answers were "Yes" and "No".
Response
On colonialism and modernisation of political institutions
Answering the complaints of Spanish Foreign Minister Miguel Ángel Moratinos, Jack Straw stated:
My own view [is] that the label "colonial" is misleading and anachronistic in this context; regardless of
the United Nations dimension. As Peter Caruana and I said in our joint statement on Monday, the new
Constitution provides for "a modern and mature" relationship between the UK and Gibraltar. I do not
think that this description would apply to any relationship based on colonialism. [6]
In the foreword of an explanatory leaflet issued by the Government of Gibraltar for the proposed new constitution,
Chief Minister Peter Caruana said that he:
wholeheartedly commends [this new Constitution, which is] the culmination of many years of political
effort by the Gibraltar Government, other elected members of the House representing the Opposition,
and others.
He further added:
this new Constitution modernises the quality of democracy in Gibraltar (and the democratic rights of
the people of Gibraltar), bringing them much closer to normal European standards, by upgrading and
modernising the status, role and functions of the democratic institutions of the people of Gibraltar. [7]
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Caruana also stated:
Gibraltar has always been politically most secure when we have advanced constitutionally. This is
because constitutional stagnation suggests that we are stuck in the past until we agree to things that we
do not want. That is not good for Gibraltar. This Referendum is thus important for Gibraltar. The
opportunity that it presents to us is unlikely to come again for a long time, if at all. Please therefore
vote. [8]
On independence
At the same time, the UK government, while fully supporting the right of selfdetermination for Gibraltarians,
excluded the possibility of independence for Gibraltar, referring to the Treaty of Utrecht:[9]
As a separate territory, recognized by the United Nations and included since 1946 in its list of nonself
governing territories, Gibraltar enjoys the individual and collective rights accorded by the Charter of the
United Nations. Her Majesty's Government therefore supports the right of selfdetermination of the
people of Gibraltar, promoted in accordance with the other principles and rights of the Charter of the
United Nations, except in so far 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 be only an option
for Gibraltar with Spain's consent.
However, the UK government acknowledged that Gibraltar "does not share the view that this constraint exists and
that their acceptance of this Constitution is on that basis". [10]
Criticisms
In spite of the unanimous support from all the political parties represented in the House of Assembly, there was a
significant "No" movement. The reasons were diverse, but mainly related to two aspects: while some electors could
have felt that the commitment to retaining British sovereignty was not sufficiently secure, other could have believed
that the new constitution were not advanced enough in allowing the exercise of the right to selfdetermination. [3] The
minority rights pressure group Equality Rights GGR, have called it "gravely deficient" and a "missed opportunity", for
failing to fully incorporate the European Convention on Human Rights. [11]
The Self Determination for Gibraltar Group also criticised the constitution and campaigned for a No vote in the
constitutional referendum. They said in a press release that the new constitution "is not the act of selfdetermination
which will decolonise us" and that it "is as colonial as its 1964 and 1969 predecessors."
Joe Bossano, Leader of the Opposition, criticised the failure to phrase the preamble in a way that supported the
maximum possible level of selfgovernment. [12]
Result
Turnout was 60.4%, the lowest at a general election or referendum for 25 years. [13] This was much lower than the
87.9% achieved for the 2002 referendum on shared sovereignty but comparable to the 58% for the election for the
European Parliament. [14] 60.24% of votes cast were For the order, 37.75% of votes were against.
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Gibraltar constitutional referendum, 2006
Choice Votes %
Yes 7,299 60.24
No 4,574 37.75
Valid votes 11,873 97.99
Invalid or blank votes 244 2.01
Total votes 12,117 100.00
See also
Constitution of Gibraltar
Politics of Gibraltar
References
1. Proclamation of the Constitution Order by the Governor of Gibraltar (http://www.gibraltarlaws.gov.gi/constitution/Pro
clamation.pdf)
2. "Gibraltar Government Press Release" (http://gibraltar.gi/locals/news.php?action=view_article&article=1679).
3. Stephen Constantine (2009). Community and identity. The making of modern Gibraltar since 1704. Manchester
University Press. p. 404. ISBN 9780719080548.
4. "Foreign and Commonwealth Office Despatch on the Gibraltar Constitution Order 2006" (http://www.gibraltarlaws.g
ov.gi/constitution/Despatch.pdf) (PDF). gibraltarlaws.gov.gi.
5. Constitution Referendum Motion (http://www.gibraltar.gov.gi/latest_news/press_releases/2006/3102006.pdf)
Archived (https://web.archive.org/web/20090327122826/http://www.gibraltar.gov.gi/latest_news/press_releases/200
6/3102006.pdf) 27 March 2009 at the Wayback Machine. and attachment (http://www.gibraltar.gov.gi/latest_news/p
ress_releases/2006/3102006motion.pdf) Archived (https://web.archive.org/web/20090327122829/http://www.gibralt
ar.gov.gi/latest_news/press_releases/2006/3102006motion.pdf) 27 March 2009 at the Wayback Machine..
Government of Gibraltar
6. Letter Form The Foreign Secretary to the Spanish Foreign Affairs Minister, March 2006. (http://www.gibraltar.gi/loca
ls/news.php?action=view_article&article=850)
7. "A new constitution for Gibraltar" Explanatory Booklet (http://www.gibraltar.gov.gi/constitution/new_constitution/Con
stitutionExplanatoryBooklet.pdf) Archived (https://web.archive.org/web/20070630225642/http://www.gibraltar.gov.gi/
constitution/new_constitution/ConstitutionExplanatoryBooklet.pdf) 30 June 2007 at the Wayback Machine.
Government of Gibraltar
8. "Caruana uses explanatory leaflet to promote Yes vote" (https://web.archive.org/web/20070928004659/http://www.g
ibfocus.gi/details_headlines.php?id=710). Gibfocus. Archived from the original (http://www.gibfocus.gi/details_headl
ines.php?id=710) on 28 September 2007. Retrieved 26 July 2007.
9. Despatch. Gibraltar Constitution Order 2006 (http://www.parliament.gi/images/constitution2006.pdf), section 5
10. Despatch. Gibraltar Constitution Order 2006 (http://www.parliament.gi/images/constitution2006.pdf), section 6
11. New Constitution still 'gravely deficient' (http://equalityrightsggr.blogspot.com/2006_11_01_archive.html)
12. Great Britain. Parliament. House of Commons. Foreign Affairs Committee (2008). Overseas Territories: seventh
report of session 2007–08 (https://books.google.com/books?id=pKFuazvvibUC&lpg=PP1&hl=es&pg=PA24#v=onep
age&q=%22Leader%20of%20the%20Opposition%20in%20Gibraltar%22&f=false). The Stationery Office. p. 24.
ISBN 9780215521477.
13. Lowest turnout for 25 years (http://www.panorama.gi/localnews/headlines.php?action=view_article&article=1737),
Panorama, 4 December 2006
14. European Parliament Elections 2004 (http://www.conservatives.gi/election.htm) Archived (https://web.archive.org/w
eb/20110526092322/http://www.conservatives.gi/election.htm) 26 May 2011 at the Wayback Machine.
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External links
[1] (http://www.gibraltarlaws.gov.gi/constitution.php), Constitution of Gibraltar on Gibraltar.gov.gi
Draft government legislation replacing references to "House of Assembly" with "Gibraltar Parliament" (https://web.a
rchive.org/web/20091113175107/http://www.gibraltar.gov.gi/latest_news/press_releases/2007/452007DraftBILL.pd
f)
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