History of nationality in Gibraltar
Encyclopedia
Gibraltar
is a juridically independent area in western Europe
, and forms part of the Commonwealth of Nations
as a British overseas territory.
, Gibraltar was inhabited by various groups, including Phoenicia
ns, Romans
, Vandals
, and Visigoths, until 711 when the Muslim conquest
of the peninsula began with the invasion of Gibraltar. In 1492, with the "reconquest
" of the peninsula, the Catholic Monarchs
took control of the area.
, a combined Anglo
-Dutch
fleet seized Gibraltar from the Spanish crown.
After the surrender, most of the Spaniards who inhabited Gibraltar left for the Spanish hinterland
. In 1713, Gibraltar was formally ceded by Spain
to Britain
in perpetuity under article X of the Treaty of Utrecht
. In 1721, the number of civilians able to bear arms was 45 British
, 96 Spaniards, 169 Genoese
, for a total of 310. By 1753 the civilian population had grown to 1816 persons, the main elements in which 597 were Genoese, 575 Jews and 351 British inhabitants. These numbers show the heterogeneity of the small number of civilians considered official residents of The Rock
in its early stages. The treaty of 1713 stipulated that in the event of any change in sovereignty
, Spain would have first claim to the territory. With the treaty, Her Britannic Majesty
promised the Catholic King
of Spain that no Jews
or Moors
would be permitted to live in Gibraltar. However, Gibraltar was still open to commerce with Moors, and their ships would be permitted entry into the port. Furthermore, Roman Catholics
would be granted the right to exercise their religion.
, when the Royal Navy
was internationally dominant.
Due to its conception as a military base
, the constitutional development of Gibraltar was retarded. In 1720, under letters patent
a civil judiciary was authorised, and in 1739 criminal and civil jurisdiction was granted to Gibraltar. However, no courts were created and this jurisdiction was exercised by the military, headed by the Governor
himself.
After the Great Siege of Gibraltar
, (1779–1783) Gibraltar transformed from a small military town into a major centre for European and Mediterranean trade. There was a spike in the percentage of the civilian population of foreign origin, and immigration had a large role to in defining nationality
.
However, immigration
to Gibraltar was discouraged. Gibraltar was one of the most densely populated areas in western Europe, and control of civilian population was the main concern of the British administration in the 19th century. In 1720, the first permit system was introduced in Gibraltar, aimed at restricting foreign labourers, who were mainly Spanish. The object of the system was to "preserve peace, order and good government in Gibraltar, to add security to the fortress, and to promote the health of the garrison
." By 1891, the civilian population had grown to 19,100 which was considered problematic due to overcrowding. However, there was a trend of families settling in the neibourghing Spanish town of La Línea de la Concepción
, because of less expensive housing and due to the stagnation of trade in Gibraltar. The 1891 census divided the civilian population into British subject
s and Foreigners. British Subjects were recorded as "native of" either Gibraltar, the UK, Malta, other parts of Her Majesty's dominions and foreign countries. Foreigners were recorded as natives from Spain, Portugal, Italy, France
, Morocco, or other nationalities.
Despite the growing civilian population, during the 18th and 19th centuries, civilians in Gibraltar were often considered as second-class citizen
s, subordinate of the colonial regime without significant political authority. At the time, there was a visible ethnic difference between the Gibraltarians
and the British colonisers, and politically the Gibraltarians were powerless. The official citizens of Gibraltar were the garrison of soldiers and the hierarchy of colonial administrators. Furthermore, as a garrison, between 1878 and 1945 adult males outnumbered their female counterparts ten to one, and infants and children made up less than 2% of the community at any point in time. British soldiers had preferential access to scarce resources such as housing, water, fresh and frozen meat, free medical care, and their own hospital. The troops lived in barracks with sanitary facilities. In contrast, most civilian dwellings did not have running water
until after World War II
.
, Protestant
, Catholic
". Their goals were to forward the interests of the prosperous merchant group which had developed in Gibraltar. Initially, they had no political objectives, and concentrated on matters of a social and economic nature insofar as they affected the merchants. In 1817 the Exchange and Commercial Library was founded, to rival the Garrison Library
from which civilians, however eminent, were excluded.
were created that same year. The Gibraltar Police Force
was created at the same time, making it the first Police Force to be set up outside the UK. The changes of 1830 were important in recognising the rights of civilian inhabitants.
However, political advancements were largely dependent of the particular views of the Governor. For example, in 1848 the new Governor contended that the population of Gibraltar could not aspire to the political freedoms granted to other British Colonies
because Gibraltar was primarily a fortress. In 1852 the Governor banned a meeting of merchants, landowners and other local inhabitants which had been arranged for the purpose of petitioning the Secretary of State for the Colonies
to set up an inquiry into the civil administration of The Rock. In 1855, the Governor went so far as to issue a press ordinance granting himself the power to control publications in Gibraltar.
Gibraltar has been commonly referred to as 'the only remaining colony in Europe' up to the present. However, the British Nationality Act 1981
formally changed Gibraltar's status from a colony to a British overseas territory. Furthermore, in 2006 the term 'colony' was removed from the Gibraltar Constitution
.
. It was put forwards to distinguish who could be considered a citizen and who an alien
in Gibraltar. It was inclusive of the many foreigners who composed the population. However, only those who had resided permanently in Gibraltar for 10 years previous to the 1816 legislation were considered Gibraltarian. Those defined as Gibraltarian, were also legally British subjects. However, anyone immigrating after this point would be considered an alien. Anyone who did not fit the criteria of Gibraltarian had to apply for a temporary permit. The permit system following 1816 included penalties for aliens who did not abide by the system, and foreigners without permits or with expired permits were seen as "bad and suspicious characters" and liable for fines, imprisonment, or expulsion
from Gibraltar. After the tightening of controls of permits, the 1830s saw a noticeable reduction in population growth.
The need for this definition of Gibraltarian was rooted in the epidemic of 1804, where control of population density was seen as a major consideration. Epidemic disease, in the 1804 case, yellow fever
, put the military population at risk, and by extension Britain's ability to control the area. It was feared that civilian population had to be controlled to prevent pestilence. It is estimated that three fifths of the population was wiped out by the 1804 epidemic.
, making children of aliens born in Gibraltar British by birth, and therefore they became an irremovable liability to the colony. Residents with temporary work permits could have children in Gibraltar and upset the system of exclusion. Therefore, the British administration devised unique methods to circumvent the tenet of Jus Soli.
One way that Jus Soli of children of aliens was restricted occurred in marriage law
s. Marriages in Gibraltar required approval from the Governor, who could refuse permits of marriage to alien men unless they consented to leave Gibraltar within 3 months of the date of their marriage. However, this principle was irregularly and ineffectually enforced. It also caused the reactions from the Catholic Vicar in 1837, who claimed having to receive approval from the governor for marriage was "an infringement on the free exercise of Catholic religion".
In the 1830s a further principle was introduced to limit access to citizenship. Women who were married to aliens were ordered to leave Gibraltar for their accouchements.
In 1850 any alien with a temporary permit who acted in a manner "inconsistent with temporary residence" could be refused a permit or have it withdrawn. Actions inconsistent included childbirth and marriage. However, this, like other immigration laws, was not consistently enforced. Bribery and coercion was commonly used to get around the laws, and in some cases the governor could be persuaded to make exceptions by the "dictation of the Vicar Apostolitic, the Governor of Algeciras
, and one of two foreign consuls".
It is notable however, that the 1878 census notes that aliens were permitted into Gibraltar on 1st and 2nd class permits and with fishermen's badges. There was a Genoese population of fishermen who came to Gibraltar since 1840 for the fishing season and would build temporary shelters or live in caves, and by the 1878 census, they had established a permanent village at Catalan Bay
.
epidemics swept Gibraltar. Not only was sanitary reform necessary, but the epidemics were largely due to overpopulation. The floating population of Gibraltar was seen as a scapegoat for the blame of the epidemic. There followed a crackdown on the floating population and civilian population. It was largely due to the opinions of a new police magistrate in 1865. He believed that the rise in population was due to inconsistent application of childbirth and marriage laws. He proceeded to fully enforce those laws, to ease population growth. In 1869, he went so far as to enforce the principle that alien husbands leave Gibraltar upon their marriage to Gibraltarian women.
s. It is of note that in 1901, the term foreigner is no longer used in the census as it was in 1891 and 1901, rather the term "Alien" appears after the 1886 AOC. Furthermore, the aliens were strictly classified according to their class of permit. There were three classes of permits: permits until further orders, temporary permits, and extended tickets. By the 1911 census, the term "Alien" was no longer used, and was replaced by the term "Foreign Subject".
and for matters incidental thereto and connected therewith". This ordinance was, unlike the other, defined as a domestic matter and concern of the elected Government of Gibraltar.
to the Gibraltar Parliament and for the European Parliament elections
held for the first time in Gibraltar in 2004
. Furthermore, the register was used to determine who could be included in the 1967 and 2002 referendums regarding sovereignty issues.
, Spain remained neutral
and was not a danger to the security of the fortress. Yet Gibraltar was a crucial strategic point for British convoys and Mediterranean liners. Political life continued, and a City Council
was created in Gibraltar in 1921 that replaced the Sanitary Commissioners. The Governor remained the executive and legislative authority, but he was advised by the new Executive Council
and City Council. It was an important step in catering to the civilian population, which surpassed 18,000 inhabitants. In 1921 the first elections were held in Gibraltar for City Council, and for the first time under British rule, the civilian inhabitants of Gibraltar had a right to elect their own representatives. Suffrage was limited to male taxpayers yet the Governor remained a military man, with all legislative and executive authority vested in him.
, which made military considerations paramount over civilian rights. Gibraltar was correctly judged to have been in acute danger from invasion from Adolf Hitler
, with the Nazi
blitzkrieg
attack plan dubbed Operation Felix
. Although the British press carried stories about the possibility of a Spanish invasion, British intelligence was mostly worried about the Nazis. At the beginning of 1941, the Governor assumed all the powers of the City Council and the Executive Council was suspended.
In 1939, there were 21,000 people in Gibraltar, mostly civilians. In 1941, approximately 16,700 civilians, women, children and other non-combatants, judged to be a hindrance to a fortress at war, were evacuated. Destinations included Jamaica
, Madeira
, Northern Ireland
and London
. The repatriation
of the civilians began in 1944, and continued until 1951. Approximately 2,000 persons did not return and settled down in Britain.
at Gibraltar to reduce sentry duty. The fence was to "be constructed of steel, and of an unclimbable pattern, about seven feet high and topped with three strands of barbbed wire, thus bringing the total height up to nine feet". A gap would be permitted across the eastern road
for cattle crossing, and a further gap would be placed near Western Beach, for the passage of people possessing Beach Passes.
, Spain brought the issue of "decolonisation" before the United Nations
in the 1960s. In 1963 and 1964 the question of the Rock's decolonisation was placed on the agenda of the United Nations Special Committee on Decolonisation. Spain interpreted the decision of the United Nations as a reason to impose a series of border
restrictions and tensions between Spain and Gibraltar mounted. On 8 June 1969, Spain fully closed its land border with Gibraltar.
After the frontier
closure, there was a vacuum in the labour pool which had resulted from the removal of the Spanish workforce, which constituted about one third of the entire workforce. About 4,666 men who previously commuted daily across the border from Spain were now cut off. The governments of the blockade period undertook ambitious regeneration programs aimed not only at meeting the demand for improved housing and services, but also at maintaining high employment levels.
The census of 1970 came one year early in the decennial system of census taking. Difficulty was expressed in determining who was a permanent resident in Gibraltar and who was not. For example, wives and families of servicemen were considered temporary residents, and because a person who has lived in Gibraltar for many years may have considered themselves a permanent resident even though in law, they could be asked to leave on a moment's notice.
With the closing of the border, Gibraltar received its own Constitution
. During the 16 years of closure, Gibraltar developed the political system still in place today. Gibraltar obtained not only greater self-government
but furthermore, Gibraltarians began to replace British expatriates in the administration. The border was fully re-opened in 1985.
because of its value as a strategic military outpost
and also for its economic value. Imperialism entailed political domination enforced by military power. As independence
and autonomy
slowly developed in Gibraltar, a significant imperial heritage remained. As Gibraltar has kept so close to British institutions, and because institutional practices in law, government and education are in a sense integrated with those of the UK, Gibraltar is in part a reflection of the British state, and can readily be labeled 'offspring of Empire' and 'offspring of Britain'. Gibraltarians are holders of full British passports
, which is further testimony to their connection to Britain.
Historically, the role of Gibraltar has been reciprocally important to British identity. For example, in 1783, a civilian observer noted "'Tis Gibraltar alone which gives us the importance we want there [in the Mediterranean]. Our Flag and our passport would sink with the loss of that place to a level with those of other nations".
s, may apply for registration as a British citizen
(an entitlement that cannot be refused) under section 5 of the British Nationality Act 1981
and are considered UK Nationals for EU Community purposes with all consequential rights and entitlements.
Gibraltar is within the EU for some purposes, including free movement of persons. Since joining the EU, individuals from member states can seek employment and reside in Gibraltar without the need for a work or residence permit. Non EU citizens need both a work and resident permit, and are only likely to get these if they already have a job offer and their employer satisfies the Government that their skills are unique. However, special arrangements can be made for high net worth individual
s.
s of extreme political regimes sought sanctuary for their goods and assets in Gibraltar. Asset holding and protection still continues in Gibraltar and usually involves trust companies
with low taxation. Gibraltar functions as an offshore financial centre
. Offshore companies
in Gibraltar became popular during the blockade and provided business for lawyer
s and accountant
s. Gibraltar used to offer offshore companies a 25 year guarantee against income and estate taxes. This aspect of Gibraltar influenced nationality in that it allowed high net worth individuals to be granted residence on a discretionary basis.
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
is a juridically independent area in western Europe
Western Europe
Western Europe is a loose term for the collection of countries in the western most region of the European continents, though this definition is context-dependent and carries cultural and political connotations. One definition describes Western Europe as a geographic entity—the region lying in the...
, and forms part of the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
as a British overseas territory.
Pre-Modern history
As with rest of the Iberian PeninsulaIberian Peninsula
The Iberian Peninsula , sometimes called Iberia, is located in the extreme southwest of Europe and includes the modern-day sovereign states of Spain, Portugal and Andorra, as well as the British Overseas Territory of Gibraltar...
, Gibraltar was inhabited by various groups, including Phoenicia
Phoenicia
Phoenicia , was an ancient civilization in Canaan which covered most of the western, coastal part of the Fertile Crescent. Several major Phoenician cities were built on the coastline of the Mediterranean. It was an enterprising maritime trading culture that spread across the Mediterranean from 1550...
ns, Romans
Ancient Rome
Ancient Rome was a thriving civilization that grew on the Italian Peninsula as early as the 8th century BC. Located along the Mediterranean Sea and centered on the city of Rome, it expanded to one of the largest empires in the ancient world....
, Vandals
Vandals
The Vandals were an East Germanic tribe that entered the late Roman Empire during the 5th century. The Vandals under king Genseric entered Africa in 429 and by 439 established a kingdom which included the Roman Africa province, besides the islands of Sicily, Corsica, Sardinia and the Balearics....
, and Visigoths, until 711 when the Muslim conquest
Umayyad conquest of Hispania
The Umayyad conquest of Hispania is the initial Islamic Ummayad Caliphate's conquest, between 711 and 718, of the Christian Visigothic Kingdom of Hispania, centered in the Iberian Peninsula, which was known to them under the Arabic name al-Andalus....
of the peninsula began with the invasion of Gibraltar. In 1492, with the "reconquest
Reconquista
The Reconquista was a period of almost 800 years in the Middle Ages during which several Christian kingdoms succeeded in retaking the Muslim-controlled areas of the Iberian Peninsula broadly known as Al-Andalus...
" of the peninsula, the Catholic Monarchs
Catholic Monarchs
The Catholic Monarchs is the collective title used in history for Queen Isabella I of Castile and King Ferdinand II of Aragon. They were both from the House of Trastámara and were second cousins, being both descended from John I of Castile; they were given a papal dispensation to deal with...
took control of the area.
Treaty of Utrecht
In 1704, during the War of the Spanish SuccessionWar of the Spanish Succession
The War of the Spanish Succession was fought among several European powers, including a divided Spain, over the possible unification of the Kingdoms of Spain and France under one Bourbon monarch. As France and Spain were among the most powerful states of Europe, such a unification would have...
, a combined Anglo
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
-Dutch
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
fleet seized Gibraltar from the Spanish crown.
After the surrender, most of the Spaniards who inhabited Gibraltar left for the Spanish hinterland
Campo de Gibraltar
The comarca of the Campo de Gibraltar is a comarca in the province of Cádiz, Spain, in the southwestern part of the autonomous community of Andalusia, the southernmost part of continental Western Europe...
. In 1713, Gibraltar was formally ceded by Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
to Britain
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
in perpetuity under article X of the Treaty of Utrecht
Treaty of Utrecht
The Treaty of Utrecht, which established the Peace of Utrecht, comprises a series of individual peace treaties, rather than a single document, signed by the belligerents in the War of Spanish Succession, in the Dutch city of Utrecht in March and April 1713...
. In 1721, the number of civilians able to bear arms was 45 British
British people
The British are citizens of the United Kingdom, of the Isle of Man, any of the Channel Islands, or of any of the British overseas territories, and their descendants...
, 96 Spaniards, 169 Genoese
Genoa
Genoa |Ligurian]] Zena ; Latin and, archaically, English Genua) is a city and an important seaport in northern Italy, the capital of the Province of Genoa and of the region of Liguria....
, for a total of 310. By 1753 the civilian population had grown to 1816 persons, the main elements in which 597 were Genoese, 575 Jews and 351 British inhabitants. These numbers show the heterogeneity of the small number of civilians considered official residents of The Rock
Rock of Gibraltar
The Rock of Gibraltar is a monolithic limestone promontory located in Gibraltar, off the southwestern tip of Europe on the Iberian Peninsula. It is high...
in its early stages. The treaty of 1713 stipulated that in the event of any change in sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
, Spain would have first claim to the territory. With the treaty, Her Britannic Majesty
Britannic Majesty
His Britannic Majesty, or Her Britannic Majesty, depending on the gender of the monarch, is a formal, or official, term for the sovereign power of the United Kingdom and Dominion Realms in diplomacy, the law of nations, and international relations....
promised the Catholic King
Catholic King
The titles Catholic King and Catholic Queen are awarded by the Pope as head of the Catholic Church to monarchs who in the eyes of the papacy embody Catholic principles in their personal lives and state policies. The title remains attached to monarchs descended from whoever received the original,...
of Spain that no Jews
History of the Jews in Gibraltar
There has been a Jewish presence in Gibraltar for more than 650 years. There have been periods of persecution, but for the most part the Jews of Gibraltar have prospered and been one of the largest religious minorities in the city, where they have made contributions to the culture, defence, and...
or Moors
Moors
The description Moors has referred to several historic and modern populations of the Maghreb region who are predominately of Berber and Arab descent. They came to conquer and rule the Iberian Peninsula for nearly 800 years. At that time they were Muslim, although earlier the people had followed...
would be permitted to live in Gibraltar. However, Gibraltar was still open to commerce with Moors, and their ships would be permitted entry into the port. Furthermore, Roman Catholics
Roman Catholicism in Gibraltar
The Roman Catholic Church in Gibraltar is part of the worldwide Roman Catholic Church, under the spiritual leadership of the Pope and Curia in Rome. There are an estimated 23,000 baptised Catholics in Gibraltar, making up 86 percent of the population....
would be granted the right to exercise their religion.
Gibraltar as British garrison
Gibraltar has been described as "probably the most fought over and densely fortified place in Europe, and probably, therefore, in the world". As a fortress it was most useful to the British EmpireBritish Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
, when the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
was internationally dominant.
Due to its conception as a military base
Military base
A military base is a facility directly owned and operated by or for the military or one of its branches that shelters military equipment and personnel, and facilitates training and operations. In general, a military base provides accommodations for one or more units, but it may also be used as a...
, the constitutional development of Gibraltar was retarded. In 1720, under letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
a civil judiciary was authorised, and in 1739 criminal and civil jurisdiction was granted to Gibraltar. However, no courts were created and this jurisdiction was exercised by the military, headed by the Governor
Governor of Gibraltar
The Governor and Commander-in-Chief of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The Governor is appointed by the British Monarch on the advice of the British Government...
himself.
After the Great Siege of Gibraltar
Great Siege of Gibraltar
The Great Siege of Gibraltar was an unsuccessful attempt by Spain and France to capture Gibraltar from the British during the American War of Independence. This was the largest action fought during the war in terms of numbers, particularly the Grand Assault of 18 September 1782...
, (1779–1783) Gibraltar transformed from a small military town into a major centre for European and Mediterranean trade. There was a spike in the percentage of the civilian population of foreign origin, and immigration had a large role to in defining nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
.
However, immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
to Gibraltar was discouraged. Gibraltar was one of the most densely populated areas in western Europe, and control of civilian population was the main concern of the British administration in the 19th century. In 1720, the first permit system was introduced in Gibraltar, aimed at restricting foreign labourers, who were mainly Spanish. The object of the system was to "preserve peace, order and good government in Gibraltar, to add security to the fortress, and to promote the health of the garrison
Garrison
Garrison is the collective term for a body of troops stationed in a particular location, originally to guard it, but now often simply using it as a home base....
." By 1891, the civilian population had grown to 19,100 which was considered problematic due to overcrowding. However, there was a trend of families settling in the neibourghing Spanish town of La Línea de la Concepción
La Línea de la Concepción
La Línea de la Concepción is a town in Spain, in the province of Cádiz in Andalucia. It lies on the eastern isthmus of the Bay of Gibraltar on the border with the British overseas territory of Gibraltar, with which it has close economic and social links...
, because of less expensive housing and due to the stagnation of trade in Gibraltar. The 1891 census divided the civilian population into British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s and Foreigners. British Subjects were recorded as "native of" either Gibraltar, the UK, Malta, other parts of Her Majesty's dominions and foreign countries. Foreigners were recorded as natives from Spain, Portugal, Italy, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Morocco, or other nationalities.
Despite the growing civilian population, during the 18th and 19th centuries, civilians in Gibraltar were often considered as second-class citizen
Second-class citizen
Second-class citizen is an informal term used to describe a person who is systematically discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or legal resident there...
s, subordinate of the colonial regime without significant political authority. At the time, there was a visible ethnic difference between the Gibraltarians
Gibraltarian people
The Gibraltarians are a cultural group native to Gibraltar, a British overseas territory located near the southernmost tip of the Iberian Peninsula at the entrance to the Mediterranean sea.- Origins :...
and the British colonisers, and politically the Gibraltarians were powerless. The official citizens of Gibraltar were the garrison of soldiers and the hierarchy of colonial administrators. Furthermore, as a garrison, between 1878 and 1945 adult males outnumbered their female counterparts ten to one, and infants and children made up less than 2% of the community at any point in time. British soldiers had preferential access to scarce resources such as housing, water, fresh and frozen meat, free medical care, and their own hospital. The troops lived in barracks with sanitary facilities. In contrast, most civilian dwellings did not have running water
Tap water
Tap water is a principal component of "indoor plumbing", which became available in urban areas of the developed world during the last quarter of the 19th century, and common during the mid-20th century...
until after World War II
Military history of Gibraltar during World War II
The military history of Gibraltar during World War II exemplifies Gibraltar's position as a British fortress since the early 18th century and as a vital factor in British military strategy, both as a foothold on the continent of Europe, and as a bastion of British sea power...
.
Emergence of civil society and social rights
One of the first manifestations of the will for a voice for civilians was the formation of the Exchange Committee. It was formed by "a few of the leading gentlemen of the three religious denominations — HebrewJudaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
, Protestant
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
, Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
". Their goals were to forward the interests of the prosperous merchant group which had developed in Gibraltar. Initially, they had no political objectives, and concentrated on matters of a social and economic nature insofar as they affected the merchants. In 1817 the Exchange and Commercial Library was founded, to rival the Garrison Library
Garrison Library
The Garrison Library was founded in Gibraltar in 1793 by Colonel John Drinkwater Bethune and officially opened in 1804 by the Duke of Kent. The library served as the headquarters and archive service of the Gibraltar Chronicle, the world's second oldest English language newspaper...
from which civilians, however eminent, were excluded.
Gibraltar as Crown Colony
In the 1830s, the status of Gibraltar evolved from "The town and garrison of Gibraltar" to the "Crown Colony of Gibraltar". Yet, civilian rights could still be suppressed in light of military order. A Charter of Justice, Civilian Magistracy Supreme Court, and Civil RightsCourt system of Gibraltar
The Court system of Gibraltar is made up as follows:-Privy Council:The Judicial Committee of the Privy Council in London is the highest Court of Appeal for Gibraltar and hears appeals from the Gibraltar Court of Appeal.-Court of Appeal:...
were created that same year. The Gibraltar Police Force
Royal Gibraltar Police
The Royal Gibraltar Police is, along with the Gibraltar Customs, the principal civilian law enforcement agency in the British overseas territory of Gibraltar. It is the oldest Police force in the Commonwealth of Nations outside the United Kingdom....
was created at the same time, making it the first Police Force to be set up outside the UK. The changes of 1830 were important in recognising the rights of civilian inhabitants.
However, political advancements were largely dependent of the particular views of the Governor. For example, in 1848 the new Governor contended that the population of Gibraltar could not aspire to the political freedoms granted to other British Colonies
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
because Gibraltar was primarily a fortress. In 1852 the Governor banned a meeting of merchants, landowners and other local inhabitants which had been arranged for the purpose of petitioning the Secretary of State for the Colonies
Secretary of State for the Colonies
The Secretary of State for the Colonies or Colonial Secretary was the British Cabinet minister in charge of managing the United Kingdom's various colonial dependencies....
to set up an inquiry into the civil administration of The Rock. In 1855, the Governor went so far as to issue a press ordinance granting himself the power to control publications in Gibraltar.
Gibraltar has been commonly referred to as 'the only remaining colony in Europe' up to the present. However, the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
formally changed Gibraltar's status from a colony to a British overseas territory. Furthermore, in 2006 the term 'colony' was removed from the Gibraltar Constitution
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...
.
Coining of the term "Gibraltarian"
It is of note that in 1767 the census divided the population into three religious categories: British and Protestant; Roman Catholic; and Jews. Being Protestant was explicitly recognized as being British, and the population was broken down into 567 British, 1460 Roman Catholics, and 783 Jews. By 1777, the census had become more complex in that it classified inhabitants as those of 'British Blood', 'Alien Blood', 'Natives', and 'Not natives'. The total number of civilians was 3201, of these 1832 were Roman Catholics, the rest were British Protestants. It is significant to note the appearance of this 'native' element in the registers of 1777, containing the implicit recognition of the birth of the Gibraltarian."Gibraltarian" as legal definition
1816 marked the creation of an actual legal definition of the term GibraltarianGibraltarian status
Gibraltarian status is a legal status in Gibraltar law defined by the Gibraltarian Status Act, 1962. Persons with Gibraltarian status are registered on the Register of Gibraltarians.-History:...
. It was put forwards to distinguish who could be considered a citizen and who an alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
in Gibraltar. It was inclusive of the many foreigners who composed the population. However, only those who had resided permanently in Gibraltar for 10 years previous to the 1816 legislation were considered Gibraltarian. Those defined as Gibraltarian, were also legally British subjects. However, anyone immigrating after this point would be considered an alien. Anyone who did not fit the criteria of Gibraltarian had to apply for a temporary permit. The permit system following 1816 included penalties for aliens who did not abide by the system, and foreigners without permits or with expired permits were seen as "bad and suspicious characters" and liable for fines, imprisonment, or expulsion
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
from Gibraltar. After the tightening of controls of permits, the 1830s saw a noticeable reduction in population growth.
The need for this definition of Gibraltarian was rooted in the epidemic of 1804, where control of population density was seen as a major consideration. Epidemic disease, in the 1804 case, yellow fever
Yellow fever
Yellow fever is an acute viral hemorrhagic disease. The virus is a 40 to 50 nm enveloped RNA virus with positive sense of the Flaviviridae family....
, put the military population at risk, and by extension Britain's ability to control the area. It was feared that civilian population had to be controlled to prevent pestilence. It is estimated that three fifths of the population was wiped out by the 1804 epidemic.
Circumvention of the tenet of Jus Soli
Birth of children from alien parentage became a problem nearing the end of the 19th century in controlling population. Gibraltar held the tenet of British law, Jus soliJus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
, making children of aliens born in Gibraltar British by birth, and therefore they became an irremovable liability to the colony. Residents with temporary work permits could have children in Gibraltar and upset the system of exclusion. Therefore, the British administration devised unique methods to circumvent the tenet of Jus Soli.
One way that Jus Soli of children of aliens was restricted occurred in marriage law
Marriage law
Marriage law refers to the legal requirements which determine the validity of a marriage, which vary considerably between countries.- Rights and obligations :...
s. Marriages in Gibraltar required approval from the Governor, who could refuse permits of marriage to alien men unless they consented to leave Gibraltar within 3 months of the date of their marriage. However, this principle was irregularly and ineffectually enforced. It also caused the reactions from the Catholic Vicar in 1837, who claimed having to receive approval from the governor for marriage was "an infringement on the free exercise of Catholic religion".
In the 1830s a further principle was introduced to limit access to citizenship. Women who were married to aliens were ordered to leave Gibraltar for their accouchements.
In 1850 any alien with a temporary permit who acted in a manner "inconsistent with temporary residence" could be refused a permit or have it withdrawn. Actions inconsistent included childbirth and marriage. However, this, like other immigration laws, was not consistently enforced. Bribery and coercion was commonly used to get around the laws, and in some cases the governor could be persuaded to make exceptions by the "dictation of the Vicar Apostolitic, the Governor of Algeciras
Algeciras
Algeciras is a port city in the south of Spain, and is the largest city on the Bay of Gibraltar . Port of Algeciras is one of the largest ports in Europe and in the world in three categories: container,...
, and one of two foreign consuls".
It is notable however, that the 1878 census notes that aliens were permitted into Gibraltar on 1st and 2nd class permits and with fishermen's badges. There was a Genoese population of fishermen who came to Gibraltar since 1840 for the fishing season and would build temporary shelters or live in caves, and by the 1878 census, they had established a permanent village at Catalan Bay
Catalan Bay
Catalan Bay is a small bay and fishing village in Gibraltar, on the eastern side of The Rock away from the main city.-Etymology:The true origin of the name of Catalan Bay is unknown, but a couple of theories exist...
.
Role of epidemics in exclusion of nationality
In 1860 and 1865, devastating choleraCholera
Cholera is an infection of the small intestine that is caused by the bacterium Vibrio cholerae. The main symptoms are profuse watery diarrhea and vomiting. Transmission occurs primarily by drinking or eating water or food that has been contaminated by the diarrhea of an infected person or the feces...
epidemics swept Gibraltar. Not only was sanitary reform necessary, but the epidemics were largely due to overpopulation. The floating population of Gibraltar was seen as a scapegoat for the blame of the epidemic. There followed a crackdown on the floating population and civilian population. It was largely due to the opinions of a new police magistrate in 1865. He believed that the rise in population was due to inconsistent application of childbirth and marriage laws. He proceeded to fully enforce those laws, to ease population growth. In 1869, he went so far as to enforce the principle that alien husbands leave Gibraltar upon their marriage to Gibraltarian women.
1844 Naturalisation Act
Gibraltar adopted the 1844 British Naturalisation Act which entailed that any woman would lose her nationality and adopt that of her husband. However, after only three years, in 1847, that system was abandoned, because it was decided that the act did not extend to the colonies. In 1859 the law in Gibraltar was clarified to state that alien wives did not become Gibraltarian British subjects. However, often the residence of alien women in the garrison had been tolerated. Yet the Police Office did hold the right of expulsion of women of "infamous character and conduct". In 1870, the Naturalization Act was reintroduced in Gibraltar, causing Gibraltarian or British women to lose their nationality if they were to wed alien men. Once assuming alien status, they were forced to comply with the permit system or leave Gibraltar.1873 Aliens Order in Council
Based on concerns of health and the security of the garrison, the Governor in 1873 argued for the necessity of an Alien Order in Council to create solid legislation concerning a code of regulations surrounding the admission of aliens into Gibraltar and their temporary residence. His argument centred on the protection of the health and security of the garrison, but to the detriment of civil rights. However, by 1883 the AOC was amended to favour the desires of the civilian population. In 1886 the official revised version of the AOC was published, and gubernatorial discretion was instated. Many of the rights of local women and alien labourers were re-instated. For example, paragraph 21 of the 1885 AOC allowed local women married to aliens to remain in Gibraltar together with their husband, and paragraph 29 allowed flexibility for alien women to bear children in Gibraltar.1889 Strangers Ordinance
This legislation stated that persons arriving at Gibraltar could be questioned by the police as to their status and purpose for wanting to enter. Later legislation confirmed that access and rights of residence were not automatically given to British Subjects and they too could be treated as aliens.Legal terminology
In contrast to earlier censuses, that of 1901 divided the civilian population was divided between "Natives of Gibraltar", "Natives of the UK", "Natives of Malta", "Other British subjects", and "Aliens". There was a rise in civilian population explained as due to the large number of English families who employed female domestic servantDomestic worker
A domestic worker is a man, woman or child who works within the employer's household. Domestic workers perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to cleaning and household maintenance, known as housekeeping...
s. It is of note that in 1901, the term foreigner is no longer used in the census as it was in 1891 and 1901, rather the term "Alien" appears after the 1886 AOC. Furthermore, the aliens were strictly classified according to their class of permit. There were three classes of permits: permits until further orders, temporary permits, and extended tickets. By the 1911 census, the term "Alien" was no longer used, and was replaced by the term "Foreign Subject".
Aliens Order of 1948
During a particularly acute phase of overcrowding, this legislation was created to prevent "the increase of the alien civil inhabitants of the fortress and for regulating entry into Gibraltar and the increase therein of persons permanently resident therein". Furthermore, in 1955 the Aliens order was amended and the term "Alien" was replaced by the term "Non-Gibraltarian" and the terms "Native of Gibraltar" and "Resident of Gibraltar" became simply "Gibraltarian".1955 register of Gibraltarians
In 1955, the Register of Gibraltarians was created and only British Subjects born in Gibraltar on or before 30 June 1925 and to children whose father or paternal grandfather was born in Gibraltar could appear on the register.Immigration Control Ordinance of 1962
The Immigration Control Ordinance dealt exclusively with all non-Gibraltarians seeking a permit to enter and reside in Gibraltar. This ordinance remained firmly in the Governor's area of jurisdiction, since immigration in Gibraltar was defined as a non-domestic matter.Gibraltarian status Ordinance of 1962
This was a separate ordinance "to define and regulate Gibraltarian statusGibraltarian status
Gibraltarian status is a legal status in Gibraltar law defined by the Gibraltarian Status Act, 1962. Persons with Gibraltarian status are registered on the Register of Gibraltarians.-History:...
and for matters incidental thereto and connected therewith". This ordinance was, unlike the other, defined as a domestic matter and concern of the elected Government of Gibraltar.
Civil rights of Gibraltarians
The legislation makes clear who is Gibraltarian, and the names on the Register are those eligible for inclusion in the Electoral Register for use during local electionsElections in Gibraltar
Elections in Gibraltar gives information on election and election results in Gibraltar.Gibraltar elects on national level a legislature. The Gibraltar Parliament has 17 members, all elected for a four year term in one constituency with each voter getting to vote for their selection of eight...
to the Gibraltar Parliament and for the European Parliament elections
Elections in the European Union
Elections to the Parliament of the European Union take place every five years by universal adult suffrage. 736 MEPs are elected to the European Parliament which has been directly elected since 1979. No other body is directly elected although the Council of the European Union and European Council is...
held for the first time in Gibraltar in 2004
European Parliament election, 2004 (Gibraltar)
Gibraltar's first participation in the elections to the European Parliament were held on 10 June 2004 as part of Europe-wide elections. Although part of the European Union, Gibraltar had never before voted in European Parliamentary elections, in part due to its small electorate of just over 20,000...
. Furthermore, the register was used to determine who could be included in the 1967 and 2002 referendums regarding sovereignty issues.
Post-World War I civil rights
During the First World WarWorld War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, Spain remained neutral
Neutrality (international relations)
A neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
and was not a danger to the security of the fortress. Yet Gibraltar was a crucial strategic point for British convoys and Mediterranean liners. Political life continued, and a City Council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
was created in Gibraltar in 1921 that replaced the Sanitary Commissioners. The Governor remained the executive and legislative authority, but he was advised by the new Executive Council
Executive Council (Commonwealth countries)
An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
and City Council. It was an important step in catering to the civilian population, which surpassed 18,000 inhabitants. In 1921 the first elections were held in Gibraltar for City Council, and for the first time under British rule, the civilian inhabitants of Gibraltar had a right to elect their own representatives. Suffrage was limited to male taxpayers yet the Governor remained a military man, with all legislative and executive authority vested in him.
World War II: Stalling of civil rights
Stalling of the process towards civil rights was due to the Second World WarWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, which made military considerations paramount over civilian rights. Gibraltar was correctly judged to have been in acute danger from invasion from Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
, with the Nazi
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
blitzkrieg
Blitzkrieg
For other uses of the word, see: Blitzkrieg Blitzkrieg is an anglicized word describing all-motorised force concentration of tanks, infantry, artillery, combat engineers and air power, concentrating overwhelming force at high speed to break through enemy lines, and, once the lines are broken,...
attack plan dubbed Operation Felix
Operation Felix
Operation Felix was the codename for a proposed German seizure of Gibraltar during World War II. It never got beyond the staff study stage, even though planning continued into 1944, primarily because of Francisco Franco's reluctance to commit Spain to enter the war on the Axis...
. Although the British press carried stories about the possibility of a Spanish invasion, British intelligence was mostly worried about the Nazis. At the beginning of 1941, the Governor assumed all the powers of the City Council and the Executive Council was suspended.
In 1939, there were 21,000 people in Gibraltar, mostly civilians. In 1941, approximately 16,700 civilians, women, children and other non-combatants, judged to be a hindrance to a fortress at war, were evacuated. Destinations included Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
, Madeira
Madeira
Madeira is a Portuguese archipelago that lies between and , just under 400 km north of Tenerife, Canary Islands, in the north Atlantic Ocean and an outermost region of the European Union...
, Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. The repatriation
Repatriation
Repatriation is the process of returning a person back to one's place of origin or citizenship. This includes the process of returning refugees or soldiers to their place of origin following a war...
of the civilians began in 1944, and continued until 1951. Approximately 2,000 persons did not return and settled down in Britain.
Borders
In 1908, the decision was taken by Britain to erect a fence along the British side of the neutral territoryNeutral territory
A neutral territory is a territory that is not an integral part of any state , and yet is not terra nullius, but is the object of an agreement under international law between at least two parties...
at Gibraltar to reduce sentry duty. The fence was to "be constructed of steel, and of an unclimbable pattern, about seven feet high and topped with three strands of barbbed wire, thus bringing the total height up to nine feet". A gap would be permitted across the eastern road
Eastern Beach, Gibraltar
Eastern Beach is the largest beach in Gibraltar, stretching for several hundred metres along the east side of the isthmus joining The Rock to Spain. The sandy beach extends from the north of Catalan Bay to the runway of Gibraltar Airport....
for cattle crossing, and a further gap would be placed near Western Beach, for the passage of people possessing Beach Passes.
Closed border
Despite the Treaty of Utrecht, Spain never gave up its claim to sovereignty over Gibraltar. Under General Francisco FrancoFrancisco Franco
Francisco Franco y Bahamonde was a Spanish general, dictator and head of state of Spain from October 1936 , and de facto regent of the nominally restored Kingdom of Spain from 1947 until his death in November, 1975...
, Spain brought the issue of "decolonisation" before the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in the 1960s. In 1963 and 1964 the question of the Rock's decolonisation was placed on the agenda of the United Nations Special Committee on Decolonisation. Spain interpreted the decision of the United Nations as a reason to impose a series of border
Border
Borders define geographic boundaries of political entities or legal jurisdictions, such as governments, sovereign states, federated states and other subnational entities. Some borders—such as a state's internal administrative borders, or inter-state borders within the Schengen Area—are open and...
restrictions and tensions between Spain and Gibraltar mounted. On 8 June 1969, Spain fully closed its land border with Gibraltar.
After the frontier
Frontier
A frontier is a political and geographical term referring to areas near or beyond a boundary. 'Frontier' was absorbed into English from French in the 15th century, with the meaning "borderland"--the region of a country that fronts on another country .The use of "frontier" to mean "a region at the...
closure, there was a vacuum in the labour pool which had resulted from the removal of the Spanish workforce, which constituted about one third of the entire workforce. About 4,666 men who previously commuted daily across the border from Spain were now cut off. The governments of the blockade period undertook ambitious regeneration programs aimed not only at meeting the demand for improved housing and services, but also at maintaining high employment levels.
The census of 1970 came one year early in the decennial system of census taking. Difficulty was expressed in determining who was a permanent resident in Gibraltar and who was not. For example, wives and families of servicemen were considered temporary residents, and because a person who has lived in Gibraltar for many years may have considered themselves a permanent resident even though in law, they could be asked to leave on a moment's notice.
With the closing of the border, Gibraltar received its own Constitution
Gibraltar Constitution Order 1969
The Gibraltar Constitution Order 1969 was published on 30 May 1969 as an Order in Council.The constitution was the outcome of the Constitutional Conference chaired by Malcolm Shepherd, 2nd Baron Shepherd which lasted from July 16 1968 to July 24...
. During the 16 years of closure, Gibraltar developed the political system still in place today. Gibraltar obtained not only greater self-government
Self-governance
Self-governance is an abstract concept that refers to several scales of organization.It may refer to personal conduct or family units but more commonly refers to larger scale activities, i.e., professions, industry bodies, religions and political units , up to and including autonomous regions and...
but furthermore, Gibraltarians began to replace British expatriates in the administration. The border was fully re-opened in 1985.
Legacy of British imperialism
Gibraltar was of interest to the British EmpireBritish Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
because of its value as a strategic military outpost
Military base
A military base is a facility directly owned and operated by or for the military or one of its branches that shelters military equipment and personnel, and facilitates training and operations. In general, a military base provides accommodations for one or more units, but it may also be used as a...
and also for its economic value. Imperialism entailed political domination enforced by military power. As independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
and autonomy
Autonomy
Autonomy is a concept found in moral, political and bioethical philosophy. Within these contexts, it is the capacity of a rational individual to make an informed, un-coerced decision...
slowly developed in Gibraltar, a significant imperial heritage remained. As Gibraltar has kept so close to British institutions, and because institutional practices in law, government and education are in a sense integrated with those of the UK, Gibraltar is in part a reflection of the British state, and can readily be labeled 'offspring of Empire' and 'offspring of Britain'. Gibraltarians are holders of full British passports
Gibraltar passport
The Gibraltar passport is a British passport issued to Gibraltarians and other British residents in Gibraltar.As a result of the British Nationality Act 1981 Gibraltarians were British Overseas Territories citizens by default, but could apply for registration as a British Citizen under section 5...
, which is further testimony to their connection to Britain.
Historically, the role of Gibraltar has been reciprocally important to British identity. For example, in 1783, a civilian observer noted "'Tis Gibraltar alone which gives us the importance we want there [in the Mediterranean]. Our Flag and our passport would sink with the loss of that place to a level with those of other nations".
Current Gibraltarian citizenship
The citizens of Gibraltar, although British Overseas Territories citizenBritish Overseas Territories citizen
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
s, may apply for registration as a British citizen
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
(an entitlement that cannot be refused) under section 5 of the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
and are considered UK Nationals for EU Community purposes with all consequential rights and entitlements.
Gibraltar is within the EU for some purposes, including free movement of persons. Since joining the EU, individuals from member states can seek employment and reside in Gibraltar without the need for a work or residence permit. Non EU citizens need both a work and resident permit, and are only likely to get these if they already have a job offer and their employer satisfies the Government that their skills are unique. However, special arrangements can be made for high net worth individual
High net worth individual
A high-net-worth individual is a person with a high net worth. In the private banking business, these individuals typically are defined as having investable assets in excess of US$1 million. As explained below, the U.S...
s.
Offshore financial services
In the early years of the 20th century, wealthy individuals started choosing to reside in low tax jurisdictions to reduce their taxable income. Gibraltar being such a jurisdiction attracted these wealthy individuals. In the 1930s refugeeRefugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
s of extreme political regimes sought sanctuary for their goods and assets in Gibraltar. Asset holding and protection still continues in Gibraltar and usually involves trust companies
Trust company
A trust company is a corporation, especially a commercial bank, organized to perform the fiduciary of trusts and agencies. It is normally owned by one of three types of structures: an independent partnership, a bank, or a law firm, each of which specializes in being a trustee of various kinds of...
with low taxation. Gibraltar functions as an offshore financial centre
Offshore financial centre
An offshore financial centre , though not precisely defined, is usually a small, low-tax jurisdiction specializing in providing corporate and commercial services to non-resident offshore companies, and for the investment of offshore funds....
. Offshore companies
Offshore company
The term offshore company is ambiguous. It may refer to either:# A company which is incorporated outside the jurisdiction of its primary operations regardless of whether that jurisdiction is an offshore financial centre i.e...
in Gibraltar became popular during the blockade and provided business for lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s and accountant
Accountant
An accountant is a practitioner of accountancy or accounting , which is the measurement, disclosure or provision of assurance about financial information that helps managers, investors, tax authorities and others make decisions about allocating resources.The Big Four auditors are the largest...
s. Gibraltar used to offer offshore companies a 25 year guarantee against income and estate taxes. This aspect of Gibraltar influenced nationality in that it allowed high net worth individuals to be granted residence on a discretionary basis.
See also
- Gibraltarian statusGibraltarian statusGibraltarian status is a legal status in Gibraltar law defined by the Gibraltarian Status Act, 1962. Persons with Gibraltarian status are registered on the Register of Gibraltarians.-History:...
- Gibraltarian peopleGibraltarian peopleThe Gibraltarians are a cultural group native to Gibraltar, a British overseas territory located near the southernmost tip of the Iberian Peninsula at the entrance to the Mediterranean sea.- Origins :...
- Gibraltar identity cardGibraltar identity cardThe Gibraltar identity card is an official identity document issued by the Government of Gibraltar, which also serves as a valid travel document within the European Economic Area and Switzerland for holders who are British Citizens and/or British Overseas Territories Citizens connected to...
- British Overseas Territories citizenBritish Overseas Territories citizenThe status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
- British Overseas Territories Act 2002British Overseas Territories Act 2002The British Overseas Territories Act 2002 is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981...
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
Internet sources
- Gibraltar Government website
- The Magazine of the Gibraltar Government Heritage Division
- The history of the territory of Gibraltar and frontier controls
- Website describing law practices in micro-states
- Gibraltar Chronicle article detailing the disuse of the term "colony" in the 2006 constitution