In my opinion Gibraltar’s rightful place in the Olympics: A call for independent representation

By Seth Galia

Gibraltarian athletes have historically faced a politically created barrier, preventing them from performing on the world stage under the Gibraltar flag. Gibraltar is a community with a strong sense of identity and a deep connection to our British heritage. Since 1713, Gibraltarians have proudly identified as British, cherishing our ties to the United Kingdom. However, it is now time for our athletes to be granted the right to perform under our own flag, at the Olympic Games, just as other British Overseas Territories (“BOTs”) like Bermuda and the Cayman Islands are able to do.

It is now time for HM Government of Gibraltar to invite the International Olympic Committee (IOC) to revaluate its historically politically motivated stance, and allow Gibraltar to participate independently at the Olympics, correcting an inconsistency that contradicts the IOC’s commitment to inclusion and diversity.

Gibraltar has long sought recognition from the IOC to compete independently at the Olympic Games, with the most recent effort for recognition taking place in 1990. However, this application was delayed, and Gibraltar was subsequently informed in 1998 that the IOC had amended its rules in 1996, restricting eligibility for recognition under the Olympic Charter to "countries" defined as independent states recognised by the international community. This politically motivated amendment effectively excluded Gibraltar from participating under its own flag, despite the IOC having previously set a precedent by recognising other BOTs.

The timing and nature of this amendment suggest a selective application of the rules, undermining the principles of fairness and consistency that the IOC purports to uphold. The exclusion of Gibraltar stands in stark contrast to the IOC’s treatment of other BOTs and highlights the need for a reassessment of the Olympic Charter in its current form.

Despite the obstacles imposed by political considerations, Gibraltar has successfully challenged attempts to block our participation in international sports. Our Gibraltarian perseverance led to victories in the Court of Arbitration for Sport (“CAS”), where we saw victory in cases against Spain’s political efforts to prevent our rightful admission to international football’s governing bodies. In 2013, Gibraltar gained full membership in UEFA, and in 2016, it was admitted to FIFA, allowing our national football team to compete on the global stage.

These victories reflect the broader truth that, as our Chief Minister remarked in 2016, “You can see a pattern developing—whenever an objective, international, fair tribunal is asked to consider Spain's spurious claims to our sovereignty, or her attempts to stop us participating in international bodies, those objective tribunals tell Spain to go and take a running jump.”

As a result of the IOC refusing to accept arbitration in CAS, a civil claim was brought in the Swiss Federation Tribunal. Although it ultimately concluded that the GOC did not actually meet the requirements for recognition in the applicable rules, the Swiss Federal Tribunal noted that if GOC had complied with all the requirements, the IOC’s denial of recognition would certainly be illegal (see para. 5.4 in the GOC v IOC case (Decision 5A_21/2011).

The Olympic Charter explicitly prohibits political interference, in an attempt to ensure that sports remain a domain of fair play and unity beyond geopolitical conflicts. As is famously said, “you must never mix politics and sports”. Despite this, Gibraltar has repeatedly faced direct political obstruction from Spain as a continuous attack on our sovereignty. Indeed, on the 5th September 1985, the Spanish Ministry of Foreign Affairs issued a directive banning Gibraltarians from competing in championships held on Spanish soil, despite our existing membership with several International Federations (IFs). This directive not only violates the spirit of the Olympic Charter, but also discredits our talented athletes by preventing them from competing on equal terms with their competitors.

The IOC has established a precedent by allowing several BOTs to compete independently at the Olympic Games. Both Bermuda and the Cayman Islands, for example, have their own National Olympic Committees (NOCs) and compete under their own flags. These territories share similarities with us in terms of their political status, population size, and resources. The IOC’s recognition of these territories undermines the justification for Gibraltar’s exclusion and highlights the need for an urgent reassessment of the Olympic Charter.

Most recently, the IOC declared that the Paris 2024 Olympic Games would be a celebration of inclusion and diversity, aiming to reflect the values of fairness, equality, and respect for all athletes, regardless of nationality or political status. This was reinforced by the President of the IOC, Mr Thomas Bach during the Closing Ceremony when he stated “we know that the Olympic Games cannot create peace. But the Olympic Games can create a culture of peace that inspires the world. This is why I call on everyone who shares this Olympic spirit: let us live this culture of peace every single day”. However, the IOC’s current stance on Gibraltar is diametrically opposed to these purported values. By allowing our fellow BOTs to compete independently while blocking Gibraltar from doing so, the IOC’s actions appear to be driven by political considerations rather than a genuine commitment to inclusivity.

It is now time Gibraltar is granted its right to independently perform on the world stage. Sport is a powerful platform for small territories to showcase their culture, unity, and achievements. Independent Olympic representation would inspire pride among Gibraltarians and offer our young athletes the chance to aspire to the highest levels of competition. No longer should we face politically driven barriers preventing our rightful participation at the highest level.

The Olympic Movement is fundamentally apolitical, focused on promoting peace, unity, and fair competition. The IOC’s decision should be based on Gibraltar’s sporting merits and organisational readiness, not geopolitical considerations.

The IOC’s exclusion of Gibraltar from independent Olympic participation stands in stark contrast to its stated commitment to inclusion and diversity. Gibraltar’s ongoing efforts to gain recognition, only to be thwarted by a politically motivated amendment and direct interference from Spain, underscore the inconsistency and unfairness of the current policy. While every Gibraltarian is proud to be British, as they have been since 1713, it is now time for Gibraltar’s athletes to perform under their own flag, just as other British Overseas Territories do. By granting Gibraltar the right to compete independently, the IOC would correct an inconsistency and uphold the values it champions. Our athletes deserve the opportunity to represent the Rock with pride, and the global sporting community would benefit from the diversity and spirit that Gibraltar brings to the Olympic Games. It is time for Gibraltar to call on the IOC to align its actions with its principles and welcome Gibraltar into the Olympic family as an independent participant.

Despite our small size, Gibraltar consistently punches above its weight in the realm of international sport. Our athletes have demonstrated remarkable talent, dedication, and resilience on the world stage, and it is high time they are afforded the opportunity to compete under our own flag at the highest sporting level.

Seth Galia is a lawyer and a football referee.