Gibraltar Constitution Order 1969
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The Gibraltar Constitution Order 1969 was published on 30 May 1969 as an
Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
. The
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
was the outcome of the Constitutional Conference chaired by
Malcolm Shepherd, 2nd Baron Shepherd Malcolm Newton Shepherd, 2nd Baron Shepherd, Baron Shepherd of Spalding (27 September 1918 – 5 April 2001), was a British Labour politician and peer who served as Leader of the House of Lords under Harold Wilson and James Callaghan and me ...
which lasted from 16 July to 24 July 1968. The
Gibraltarian The Gibraltarians (Spanish: ''gibraltareños'', colloquially: '' llanitos'') are an ethnic group native to Gibraltar, a British overseas territory located near the southernmost tip of the Iberian Peninsula at the entrance to the Mediterran ...
members of the Constitutional Conference were:
Joshua Hassan Sir Joshua Abraham Hassan (21 August 1915 – 1 July 1997), nicknamed "''Salvador''" (''Saviour''), was a Gibraltarian politician, and first mayor and Chief Minister of Gibraltar, serving four terms as chief minister for a total of over 20 year ...
,
Aurelio Montegriffo Aurelio may refer to: People Politicians * Aurelio D. Gonzales Jr. (born 1964), congressman in the Philippines * Aurélio de Lira Tavares (1905–1998), President of Brazil *Aurelio Martínez, Honduran politician *Aurelio Mosquera (1883–1939), P ...
and
Abraham Serfaty Abraham Serfaty ( ar, أبراهام سرفاتي‎; January 16, 1926 – 18 November 2010) was an internationally prominent Moroccan Marxist-Leninist dissident, militant, and political activist, who was imprisoned for years by King Hassan I ...
for the
Association for the Advancement of Civil Rights The Association for the Advancement of Civil Rights (AACR) was a political party in Gibraltar. History The AACR was established in 1942 by Joshua Hassan and Albert Risso, and sought to protect the interests of families evacuated during World Wa ...
;
Robert Peliza Sir Robert John Peliza KBE GMH ED (16 November 1920 – 12 December 2011) was a Gibraltarian politician. Career He founded and led the Integration with Britain Party and was the second Chief Minister of Gibraltar serving in office from 6 Au ...
, Maurice Xiberras and legal advisor Sir Frederick Bennet for the
Integration With Britain Party The Integration with Britain Party (IWBP) was a political party in Gibraltar. Although it never won an election, it was briefly in power from 1969 to 1972 when Robert Peliza of the IWBP was Chief Minister. History The party was established in ...
; and
Peter Isola Peter Joseph Isola, OBE, GMH (Gibraltar, 1929 – 28 January 2006 ), was a Gibraltarian politician and lawyer. He succeeded Maurice Xiberras as leader of the Democratic Party for a British Gibraltar (DPBG). Early life and career Isola was b ...
.The Gibraltar Constitution - 1969
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Development

The move towards the 1969 Constitution was sparked off after the outcome of the 1967 sovereignty referendum, where 99.19% of Gibraltarians voted against passing under Spanish sovereignty and in favour of retaining their link with Britain, with democratic local institutions and with Britain retaining its present responsibilities.


Preamble

The crucial feature of the 1969 constitution for the Gibraltarians was the preamble to the Order in Council promulgating the Constitution, in its final form began: This preamble has been called the "single most significant statement made on the sovereignty of Gibraltar since the signing of the
Treaty of Utrecht The Peace of Utrecht was a series of peace treaties signed by the belligerents in the War of the Spanish Succession, in the Dutch city of Utrecht between April 1713 and February 1715. The war involved three contenders for the vacant throne o ...
".


Frontier closure

Upon the request of the United Nations, Spain and the United Kingdom had been developing inconclusive talks about Gibraltar for the previous three years. Since 1954, the
Government of Spain gl, Goberno de España eu, Espainiako Gobernua , image = , caption = Logo of the Government of Spain , headerstyle = background-color: #efefef , label1 = Role , data1 = Executive power , label2 = Established , da ...
under the leadership of
Francisco Franco Francisco Franco Bahamonde (; 4 December 1892 – 20 November 1975) was a Spanish general who led the Nationalist faction (Spanish Civil War), Nationalist forces in overthrowing the Second Spanish Republic during the Spanish Civil War ...
had been applying increasingly restrictive measures in its relationships with Gibraltar. On 24 July 1968, it complained to the UN Secretary General claiming that the constitutional talks were a "further obstacle to the solution of Gibraltar's future", a statement that was rejected by the
Government of the United Kingdom ga, Rialtas a Shoilse gd, Riaghaltas a Mhòrachd , image = HM Government logo.svg , image_size = 220px , image2 = Royal Coat of Arms of the United Kingdom (HM Government).svg , image_size2 = 180px , caption = Royal coat of arms of t ...
. Shortly thereafter the frontier was closed by the Spanish Guardia Civil and chaos ensued as controls were implemented on travellers trying to use the ferry service at the port of Algeciras. This situation (which lasted into September 1968) was a precursor to the frontier closure implemented the following year. The Constitution was published on 30 May 1969 and came into immediate effect. Elections were scheduled for 30 July. The Spanish government described the promulgation as an open disregard by the UK government of the UN Resolutions and a violation of the
Treaty of Utrecht The Peace of Utrecht was a series of peace treaties signed by the belligerents in the War of the Spanish Succession, in the Dutch city of Utrecht between April 1713 and February 1715. The war involved three contenders for the vacant throne o ...
. On 6 July 1969, the decision to close the land border between
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
and Gibraltar was taken. Next day the decision was implemented. The closing of the border, together with various other restrictions, was a severe shock for the Gibraltarians, who became aware that across the frontier there was a hostile and threatening foreign power. The closure of the frontier would last thirteen years and was considered by the Gibraltarians as the last in a series of sieges held by Spain to attempt to secure the surrender of the town.


See also

*
Constitution of Gibraltar Gibraltar's first Constitution was passed in 1950. A complete list of the different constitutions follows. *Gibraltar Constitution Order 1950 *Gibraltar Constitution Order 1964 *Gibraltar Constitution Order 1969 *Gibraltar Constitution Order 200 ...
*
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 inst ...
* 1967 Gibraltar sovereignty referendum


Sources

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References


External links


Gibraltar Constitution Order 1969
{{DEFAULTSORT:Gibraltar Constitution Order 1969 Constitutions of country subdivisions Politics of Gibraltar 1969 in British law 1969 in Gibraltar 1969 in international relations Defunct constitutions Orders in Council