The Round Table, 2017

VOL. 106, NO. 4, 483–485

https://doi.org/10.1080/00358533.2017.1352154

OPINION

Brexit and the Commonwealth: New Challenges for Gibraltar

Maria Mut Bosque
Faculty of Law, International University of Catalonia, Barcelona

Gibraltar is one of the 14 Overseas Territories (OTs) of the United Kingdom, but it only takes
a few days in this territory to realise that this legal status appears insufficient to describe
what it actually is. Before reaching Gibraltar one can imagine a rock, with no further inter-
est than that of its geostrategic value. But, when you are in Gibraltar you discover a fully
institutionalised territory, with its own resources and intense social, political and economic
activity, particularly in the financial and tourism sectors. In depth, Gibraltar is more than an
OT, especially due to the institutional development process that has been ongoing during
these last decades, which culminated in the adoption of the territory’s 2006 Constitution.
This Constitution confers on Gibraltar more autonomy than, for instance, to Scotland and
it guarantees Gibraltarians their right to self-determination, if they wish to do so.
Overall, it seems to me that Gibraltarians are comfortable with, and they feel very secure
in, their current legal status, despite reality showing that Gibraltar is in a transitional period
between an OT and a micro-state. One academic has noted that: ‘Today Gibraltar a BOT is
a self-governing community or mini-state, at least as far as internal affairs are concerned.’1
However, from a democratic perspective, it is important to respect the will of Gibraltarians.
But, what it is clear is that territories are alive and depending on the challenges that they
face, their statuses must be flexible and adapt to the new requirements. In fact the ‘Gibraltar
in Westminster Movement’ has launched a petition calling for the Rock to have its own
representation in the British Parliament.
Gibraltar and Gibraltarians have a very marked and characteristic identity which gives
them a differentiating element. This element is manifested in their cosmopolitan and mul-
ticultural society. Gibraltar’s hybrid identity, which combines local cultural elements with
a strong British consciousness, makes this territory a unique one. This identity not only is
based on its culture and language, but also on its intense history and hard political events,
which have marked the different centuries. This small territory has overcome wars and has
been ruled by different powers, Moorish rule being the longest one. If there is anything
outstanding about this territory, it is the braveness of its people as well as their political deter-
mination. Gibraltarians know what they want to be (British) and what they do not want to
be (Spanish). In 2002 an overwhelming majority of them refused a proposed co-sovereignty
deal between Spain and the United Kingdom.
The Brexit issue is the current challenge that Gibraltar has to overcome. Despite the fact
that almost the 96% of the Gibraltarians voted to remain in the EU, Gibraltar will have to

CONTACT  Maria Mut Bosque  mariamut@uic.es

© 2017 The Round Table Ltd
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follow the will of the UK and leave the EU. At this time, uncertainty is the greatest concern of
Gibraltar’s citizens. In this sense, Gibraltar is a territory that can suffer a particularly serious
negative impact after Brexit, especially if a hard Brexit happens. The major fear concerns
the closure of Gibraltar’s border with Spain. In fact, Franco’s decision in 1969 to close the
border for more than a decade is still very present in Gibraltarians’ collective memory. It is
worth remembering that every day more than 10,000 workers cross the border and every
year Gibraltar receives more than 12 million tourists. Moreover, the border closure could
prevent companies located in Gibraltar from accessing the common services market.
It would appear that Spain is going to be very much involved in the Brexit negotiations
concerning the Gibraltar issue. After the abandonment of the 2006 Córdoba agreements,
which allowed for a proper understanding between the parties, there have not been further
attempts to normalise the situation. However, it is necessary to note that at a local level there
are institutions made up by Gibraltarian and Spanish representatives who work together in
order to enhance mutual cooperation and flexibility in relation to their common interests
and concerns, such as cross-border movement of workers and academic collaboration. In
my view, at a political high level, elites from Brussels should work to support initiatives
that could open up new channels of co-operation. If Brussels does not follow Spanish–
Gibraltarian local policy, it can generate a gap between local interests, who are much closer
to the citizens’ real lives, and the high political elites, who are often too detached from
reality. We cannot forget that a closure would also have very negative economic effects for
the Spanish region of the Campo de Gibraltar. The EU must prove that is more than a mere
organisation of States, and is a ‘Europe of the peoples’ as envisaged by Jean Monnet and
Robert Schuman in the 1950s.
After all, Gibraltarians are still European citizens, they have acquired a number of rights
during more than 40 years, they are great supporters of the European integration project,
and they literally struggled for their right to vote in the European parliamentary elections.
So, is the EU able to say to the world that Gibraltar’s involvement has been useless? This is
the right moment for the EU to demonstrate that Eurosceptics are wrong when they say
that the EU is too technocratic and extremely rigid. The EU should be able to find a prag-
matic solution in order to preserve the rights of those citizens who are compelled to leave,
in contravention of their wish to stay.
The EU has an international legal personality different from its member states (as has
been demonstrated in the Kosovo case), so it can act differently from its member states if
this is needed. Then, it might be able to provide an effective solution. In this sense, Brexit
directly affects Gibraltar’s citizens and their relationship with the EU, so national political
interests should be pushed aside. I hope that the pragmatism, common sense and flexibility,
which prevail at a local level, also prevail in Brussels.
Simultaneously, at an institutional level, Gibraltar is more and more focused on the
Commonwealth. At a formal level, Gibraltar does not have its own official representative
in the Commonwealth. However, at an informal level, Gibraltar is part of the so-called
Commonwealth Family. In fact, it is actively involved in the Commonwealth Parliamentary
Association (CPA). Last May, Gibraltar hosted the 47th CPA Regional Conference of the
British Islands and Mediterranean Region, under the theme of ‘Strengthening the role of the
BIMR Region: Considering the role of small branches post Brexit’. Nearly 40 Parliamentarians
from 11 Commonwealth countries and territories met in Gibraltar in order to discuss the
impact of the decision taken in the UK to leave the European Union, since the entire region
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will be affected by Brexit. The Gibraltarian representative, Minister Samantha Sacramento,

highlighted the importance of this association which has allowed Gibraltar to build up a
strong network of contacts. In her view, Gibraltar should look to Commonwealth colleagues
even more in a post-Brexit scenario. The Chief Minister, Fabian Picardo is willing to develop
and enhance Gibraltar and Commonwealth links. He is sure that those relationships across
the Commonwealth are what are going to make Gibraltar stronger.
In short, Gibraltar is hopeful about the Commonwealth. Accordingly, I encourage the
Commonwealth to act wisely. Firstly, it must show once again its pragmatism and flexibility,
so it must find an ad hoc place for Gibraltar which would allow the territory greater rep-
resentation at an institutional level. The legal status of Gibraltar prevents it from obtaining a
decision-making capacity in the international and Commonwealth arenas, but its status does
not stop it from increasing its role and involvement in the Commonwealth. Secondly, the
Commonwealth has great experience and expertise to act as a mediator between Gibraltar
and the European Union which it must deploy. In this sense, the Commonwealth could play
a more active role in the Brexit issue. The Commonwealth and the UK share not only the
legal responsibility, but also the historical and moral responsibility of protecting the rights
and liberties of the more than 30,000 Gibraltarians.

Note
Archer, A.G. (2006) Gibraltar, Identity and Empire, Abingdon: Routledge, p. 75.
1. 
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