Pilar Rangel
Expert on International Terrorism and the fight against DAESH
After the UK’s exit from the European Union, the agreement with the UK regarding Gibraltar has yet to be finalised, and it seems to have been left in legal limbo. According to the Spanish Foreign Affairs Minister, the negotiations are proceeding at a good pace, although the truth is that we know nothing about the content of the Agreement.
The New Year’s Eve Agreement envisaged the possibility of tearing down the fence, thus creating what they call ‘a zone of shared prosperity’ for the Campo de Gibraltar area and the Colony, which would result in the Colony’s access to the Schengen zone where border controls would have to be carried out at the port and the military airfield, where Frontex agents would supposedly operate under the supervision of the Spanish National Police for an initial period of 4 years.
What problems will we encounter with the demolition of the fence?
Firstly, the first problem is that Gibraltar is a naval military base of the United Kingdom and how are we going to articulate it with the Schengen free movement zone, where it affects not only Spain but the rest of the countries of the European Union?
In relation to the naval military base, the United Kingdom has repeatedly failed to comply with United Nations Resolutions prohibiting military deployment in military bases in areas subject to colonial rule such as Gibraltar, as well as UN Resolution 2429, which called on the United Kingdom to put an end to the colonial situation of Gibraltar before 1 October 1969 and to return the territory to Spain. Not only has the UK failed to do so, but in a similar case such as Hong Kong it is proposing its decolonisation.
The second problem is the shared use of the military airfield, the main stumbling block in the negotiations, given that the UK does not want to give in to shared use because it considers it a transfer of its sovereignty. It should be remembered that the Treaty of Utrecht did not cede either the isthmus or the airspace or the adjacent waters that the Colony has taken possession of despite Spain’s continuous claims.
For all these reasons, we conclude that the main obstacle to reaching an agreement with the United Kingdom on Gibraltar is that the Colony is a military base of special strategic importance for the United Kingdom, where it seems that no concessions will be made, but where Spain seems to be willing to give in with the demolition of the fence.
The third problem we will encounter is the harmonisation of legislation in the event of the fence being pulled down and access to Schengen, which means the free movement of people, goods and capital, and how to reconcile the legislation of both countries in relation to both natural and legal persons.
In relation to what is called the ‘zone of shared prosperity’, it seems that it is about the mutual benefit derived from economic relations between the two territories, given their neighbourly relations, but where Gibraltarian companies, based on Schengen entry, would have access to 450 million people from Schengen Treaty member countries, and Spanish companies would have access to 30,000 people from the Colony.
The fact is that tearing down the fence does not automatically mean the transfer of wealth from one side to the other. For prosperity to be shared between the Colony and the Campo de Gibraltar area, companies on both sides need to operate according to the same rules of the game. These rules of the game must include taxation, employment, worker benefits, standards to combat money laundering and environmental damage. As well as an investment plan that is equal for both sides.
However, there is no need to talk about all this when what is really important for the UK is the military naval base and the military airfield in Gibraltar, over which it does not intend to make any concessions despite all the United Nations resolutions and the numerous breaches of international law.
In view of the above, it is worth asking whether it is worthwhile for Spain to remove the fence. And if so, what guarantees would the United Kingdom and Gibraltar have to give in order to remove it? This is because Spain has an obligation to supervise the Schengen area in the face of security risks such as terrorism or organised crime.
We must remember that we are at a historic moment in relations between Spain and the United Kingdom in relation to Gibraltar, and that international law and European Union law are on Spain’s side. Let us take advantage of this moment and let all parties to the conflict comply with international law.
