Gibraltar treaty marks ‘new era of cooperation’ with EU and Spain, UK tells UN

The UK/EU treaty on Gibraltar reflects “a new era of cooperation, trust and respect” between the UK, the EU, Spain and Gibraltar, the UN Fourth Committee was told this week, as the UK Government reaffirmed too its commitment to Gibraltar’s right to self-determination.

The message was delivered in a formal statement made by Kate Foster, the UK’s Deputy Permanent Representative to the UN, and echoed the UK’s earlier exercise of its right of reply following a Spanish intervention.

The UK Government has made similar formal statements annually over the past six years, consistently repeating its double-lock commitment that it will neither change or even discuss the Rock’s British sovereignty against the wishes of the Gibraltarians.

“The United Kingdom is clear that the people of Gibraltar enjoy the right to self-determination, in accordance with the Charter of the United Nations,” Ms Foster said, adding the 2006 Constitution provided for a “modern and mature partnership” between the UK and Gibraltar.

Ms Foster welcomed the participation of the Gibraltar Government in the committee’s proceedings and said “it is only right” that its members heard directly from the Chief Minister.

“The United Kingdom restates its longstanding commitment to the people of Gibraltar,” she said, before reciting the double-lock commitment in full.

“The United Kingdom will not enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.”

“Nor will we ever enter into a process of sovereignty negotiations with which Gibraltar is not content.”

After repeating the UK’s position on Gibraltar’s sovereignty and the right of its people to determine their own future, Ms Foster turned to the future, welcoming the UK/EU treaty on Gibraltar.

In doing so, she also pointed to what the treaty showed about wider relations at a time that the UK and the EU are working to reinforce their post-Brexit relations.

“The agreement, in which the United Kingdom worked side by side with the Government of Gibraltar, is without prejudice to the respective legal positions of the United Kingdom and Spain with regard to sovereignty and jurisdiction, and reaffirms that those positions remain unchanged,” she said.

“But it also reflects a new era of cooperation, trust, and respect between the United Kingdom, the European Union, Spain, and Gibraltar.”

“The United Kingdom encourages all parties to build on this positive momentum in order to further strengthen cooperation and foster a mutually beneficial relationship based on solidarity, dialogue, and shared prosperity.”

FALKLANDS AND BVI

In the statement delivered at the UN, the UK also accused Argentina of seeking to undermine the rights and livelihoods of Falkland Islanders through legal action over natural resources, insisting it will robustly defend their right to determine their own future.

Ms Foster reaffirmed British sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands, including their surrounding maritime areas.

She also defended the Falkland Islanders' right to self-determination, citing the 2013 referendum in which 99.8% of voters supported retaining their British status.

Ms Foster criticised Argentina's decision to initiate arbitration against the UK under the United Nations Convention on the Law of the Sea (UNCLOS), describing described the move as the latest attempt to undermine the rights and livelihoods of Falkland Islanders.

“The people of the Falkland Islands have freely and democratically chosen their future, and they have every right to develop and manage their natural resources without intimidation, coercion, or interference from others,” she said.

Ms Foster insisted that hydrocarbon activities on the Falkland Islands continental shelf were regulated under local law and complied fully with international law, including UNCLOS.

“The United Kingdom will continue to stand shoulder-to-shoulder with the Falkland Islands Government and the Falkland Islanders,” she said.

“We will robustly defend their wishes, their economy, and their right to determine their own future.”

Turning to the British Virgin Islands, Ms Foster reaffirmed the UK's commitment to supporting independence should that be the clearly expressed constitutional wish of its people.

“Where it is the clear and constitutionally expressed will of the British Virgin Islanders to pursue independence, the United Kingdom Government will meet its obligations to help the territory achieve it,” she said.

She said Britain would continue working in partnership with the BVI Government while it remained an Overseas Territory.

The two governments were holding constructive discussions on constitutional reform and the UK would inform the UN of their outcome, she said.

In wider remarks, Ms Foster said Britain's relationship with its Overseas Territories was based on partnership, shared values and the right of their people to choose whether to remain British.

She said the Overseas Territories were “a core part of the UK homeland” for defence and security purposes, adding the UK remained committed to supporting their priorities while fulfilling its constitutional responsibilities.

Britain would continue to respect and defend the right of each Overseas Territory to determine its own future in accordance with the UN Charter, she added.