History of nationality in Gibraltar
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Gibraltar ) , anthem = " God Save the King" , song = " Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gib ...
is a juridically independent area in
western Europe Western Europe is the western region of Europe. The region's countries and territories vary depending on context. The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the ancient Mediterranean ...
, and forms part of the
Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the ...
as a British overseas territory.


Pre-modern history

As with rest of the
Iberian Peninsula The Iberian Peninsula (), ** * Aragonese and Occitan: ''Peninsula Iberica'' ** ** * french: Péninsule Ibérique * mwl, Península Eibérica * eu, Iberiar penintsula also known as Iberia, is a peninsula in southwestern Europe, def ...
, Gibraltar was inhabited by various groups, including
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ns,
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,
Vandals The Vandals were a Germanic people who first inhabited what is now southern Poland. They established Vandal kingdoms on the Iberian Peninsula, Mediterranean islands, and North Africa in the fifth century. The Vandals migrated to the area betw ...
, and
Visigoths The Visigoths (; la, Visigothi, Wisigothi, Vesi, Visi, Wesi, Wisi) were an early Germanic people who, along with the Ostrogoths, constituted the two major political entities of the Goths within the Roman Empire in late antiquity, or what is ...
, until 711 when the
Muslim conquest The early Muslim conquests or early Islamic conquests ( ar, الْفُتُوحَاتُ الإسْلَامِيَّة, ), also referred to as the Arab conquests, were initiated in the 7th century by Muhammad, the main Islamic prophet. He esta ...
of the peninsula began with the invasion of Gibraltar. In 1492, with the reconquest of the peninsula, the
Catholic Monarchs The Catholic Monarchs were Queen Isabella I of Castile and King Ferdinand II of Aragon, whose marriage and joint rule marked the ''de facto'' unification of Spain. They were both from the House of Trastámara and were second cousins, being bot ...
took control of the area.


Treaty of Utrecht

In 1704, during the
War of the Spanish Succession The War of the Spanish Succession was a European great power conflict that took place from 1701 to 1714. The death of childless Charles II of Spain in November 1700 led to a struggle for control of the Spanish Empire between his heirs, Phil ...
, a combined
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-
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fleet seized Gibraltar from the Spanish crown. After the surrender, most of the
Spaniards Spaniards, or Spanish people, are a Romance ethnic group native to Spain. Within Spain, there are a number of national and regional ethnic identities that reflect the country's complex history, including a number of different languages, both in ...
who inhabited Gibraltar left for the Spanish hinterland. In 1713, Gibraltar was formally ceded by
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 ...
to
Britain Britain most often refers to: * The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands * Great Britain, the largest island in the United King ...
in perpetuity under article X 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 ...
.Gibraltar's Political History
/ref> In 1721, the number of civilians able to bear arms was 45
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
, 96
Catalans Catalans (Catalan, French and Occitan: ''catalans''; es, catalanes, Italian: ''catalani'', sc, cadelanos) are a Romance ethnic group native to Catalonia, who speak Catalan. The current official category of "Catalans" is that of the citize ...
, 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
Jew Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""T ...
s and 351 British inhabitants.Census, 1970 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 Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
, Spain would have first claim to the territory. With the treaty, Her
Britannic Majesty His Britannic Majesty, or Her Britannic Majesty (HBM), is a treaty title for the monarch of the United Kingdom, a royal style used in international law and diplomacy. It is used on the international plane in the same way that ''His Majesty'' or ' ...
promised the Catholic King of Spain that no
Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
or
Moors The term Moor, derived from the ancient Mauri, is an exonym first used by Christian Europeans to designate the Muslim inhabitants of the Maghreb, the Iberian Peninsula, Sicily and Malta during the Middle Ages. Moors are not a distinct or ...
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.


Gibraltar as British garrison

Gibraltar has been described as "'' 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 Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
, when the
Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against ...
was internationally dominant. Due to its conception as a
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. A military base always provides accommodations for ...
, 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 A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
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 in defining
nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
. However,
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...
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 La Línea de la Concepción (, more often referred to as La Línea) is a municipality of Spain belonging to the province of Cádiz, Andalusia. The city lies on the sandy isthmus which is part of the eastern flank of the Bay of Gibraltar, a ...
, because of less expensive housing and due to the stagnation of trade in Gibraltar.Census, 1891 The 1891 census divided the civilian population into British subjects 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 (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area ...
, 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 A second-class citizen is a person who is systematically and actively discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or a legal resident there. While not necessarily slaves, o ...
s, subordinate of the colonial regime without significant political authority. At the time, there was a visible ethnic difference between the
Gibraltarians 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 Mediterrane ...
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 (also known as faucet water, running water, or municipal water) is water supplied through a tap, a water dispenser valve. In many countries, tap water usually has the quality of drinking water. Tap water is commonly used for drinkin ...
until after
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing ...
.


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 —
Hebrew Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
,
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,
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
''". 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.


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 Rights were created that same year. The Gibraltar Police Force was created at the same time, making it the first
Police Force The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
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 A Crown colony or royal colony was a colony administered by The Crown within the British Empire. There was usually a Governor, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local Coun ...
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 The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. History In the mid-1970s the British Government decided to update the nationality code, which had b ...
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.


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 Gibraltarian. 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 Expulsion or expelled may refer to: General * Deportation * Ejection (sports) * Eviction * Exile * Expeller pressing * Expulsion (education) * Expulsion from the United States Congress * Extradition * Forced migration * Ostracism * Persona non ...
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 is a viral disease of typically short duration. In most cases, symptoms include fever, chills, loss of appetite, nausea, muscle pains – particularly in the back – and headaches. Symptoms typically improve within five days. ...
, 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.Census, 1981


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 soli'', 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 refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act. Summary table Rights and obligations A marriage, by definition, bestows ...
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 three 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 to give birth. 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 ( , ) is a municipality of Spain belonging to the province of Cádiz, Andalusia. Located in the southern end of the Iberian Peninsula, near the Strait of Gibraltar, it is the largest city on the Bay of Gibraltar ( es, Bahía de Algeci ...
, and one of two foreign consuls". It is notable however, that the 1878 census notes that aliens were permitted into Gibraltar on first and second 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 A village is a clustered human settlement or community, larger than a hamlet but smaller than a town (although the word is often used to describe both hamlets and smaller towns), with a population typically ranging from a few hundred ...
at
Catalan Bay Catalan Bay ( es, La Caleta) is a bay and fishing village in Gibraltar, on the eastern side of The Rock away from Westside. Etymology Although the origin of Catalan Bay's name is documented, a couple of theories co-exist. Documentary evide ...
.


Role of epidemics in exclusion of nationality

In 1860 and 1865, devastating cholera 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.


Legal aspects of nationality


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 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 (''Kin ...
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 servant A domestic worker or domestic servant is a person who works within the scope of a residence. The term "domestic service" applies to the equivalent occupational category. In traditional English contexts, such a person was said to be "in service ...
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.Census, 1901 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 status 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 His Majesty's Government of Gibraltar is the democratically elected government of the British Overseas Territory of Gibraltar. The head of state is King Charles III who is represented by the Governor. Elections in Gibraltar are held every four ...
.


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 An electoral roll (variously called an electoral register, voters roll, poll book or other description) is a compilation that lists persons who are entitled to vote for particular elections in a particular jurisdiction. The list is usually broke ...
for use during
local elections In many parts of the world, local elections take place to select office-holders in local government, such as mayors and councillors. Elections to positions within a city or town are often known as "municipal elections". Their form and conduct vary ...
to the Gibraltar Parliament and for the
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held for the first time in Gibraltar in 2004. Furthermore, the register was used to determine who could be included in the
1967 Events January * January 1 – Canada begins a year-long celebration of the 100th anniversary of Confederation, featuring the Expo 67 World's Fair. * January 5 ** Spain and Romania sign an agreement in Paris, establishing full consular and ...
and 2002 referendums regarding sovereignty issues.


Post-World War I civil rights

During the
First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, Spain remained
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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 A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural counc ...
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.


World War II: Stalling of civil rights

Stalling of the process towards civil rights was due to the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
, 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 (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
, with the
Nazi Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
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.Census, 1971 Destinations included
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, Madeira,
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and
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. The
repatriation Repatriation is the process of returning a thing or a person to its country of origin or citizenship. The term may refer to non-human entities, such as converting a foreign currency into the currency of one's own country, as well as to the pro ...
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 territory Border control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it a ...
at Gibraltar to reduce
sentry Sentry or The Sentry may refer to: Comics *Sentry (Kree) *Sentry (Curtis Elkins) * Sentry (Robert Reynolds) *Senator Ward (comics) or Sentry Vehicles *Sentry (AUV), an autonomous underwater vehicle used to measure deep-ocean data *E-3 Sentry AWAC ...
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".Letter from His Britannic Majesty's Ambassador in Madrid Mr. De Bunsen to the Minister of State, Senor Allende Salazar 5 August 1908. In "Documents on Gibraltar". Document 56, 279 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.


Closed border

Despite the Treaty of Utrecht, Spain never gave up its claim to sovereignty over Gibraltar. Under General Francisco Franco, Spain brought the issue of
decolonisation Decolonization or decolonisation is the undoing of colonialism, the latter being the process whereby imperial nations establish and dominate foreign territories, often overseas. Some scholars of decolonization focus especially on independence m ...
before the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
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 The United Nations Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, or the Special Committee on Decolonization (C-24), is a committee of ...
. Spain interpreted the decision of the United Nations as a reason to impose a series of
border Borders are usually defined as geographical boundaries, imposed either by features such as oceans and terrain, or by political entities such as governments, sovereign states, federated states, and other subnational entities. Political borders c ...
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 Frontier Closure: A Pivotal Moment
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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
. During the 16 years of closure, Gibraltar developed the political system still in place today. Gibraltar obtained not only greater
self-government __NOTOC__ Self-governance, self-government, or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of ...
but furthermore, Gibraltarians began to replace British expatriates in the administration.Gibraltarians and Spaniards
/ref> The border was fully re-opened in 1985.


Legacy of British imperialism

Gibraltar was of interest to the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
because of its value as a strategic
military outpost A military outpost is detachment of troops stationed at a distance from the main force or formation, usually at a station in a remote or sparsely populated location, positioned to stand guard against unauthorized intrusions and surprise attac ...
and also for its economic value. Imperialism entailed political domination enforced by military power. As
independence Independence is a condition of a person, nation, country, or state in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the statu ...
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 A British passport is a travel document issued by the United Kingdom or other British dependencies and territories to individuals holding any form of British nationality. It grants the bearer international passage in accordance with visa requ ...
, 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 n 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

After amendments were made to British Nationality Act 1981, all Gibraltarians acquired British citizenship on 21 May 2002, while those who were born after that day to Gibraltarian parents acquired British citizenship at birth when born in the UK or a British Overseas Territory (including Gibraltar). However, Gibraltarians who were
British Overseas Territories citizen A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories (prev ...
s before that day and their descendants continue to hold such status, effectively making them simultaneously holding two types of British nationality. Those who acquired British Overseas Territories citizenship after 21 May 2002 by naturalization may apply for registration as a
British citizen British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
(an entitlement that cannot be refused) under section 5 of the
British Nationality Act 1981 The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. History In the mid-1970s the British Government decided to update the nationality code, which had b ...
. Even before 2002, Gibraltarians were considered UK Nationals for EU Community purposes with all consequential rights and entitlements. Gibraltar was within the EU for some purposes, including free movement of persons. Since joining the EU, individuals from member states could 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 individuals.


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 refugees 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 A trust company is a corporation that acts as a fiduciary, trustee or agent of trusts and agencies. A professional trust company may be independently owned or owned by, for example, a bank or a law firm, and which specializes in being a trust ...
with low taxation. Gibraltar functions as an
offshore financial centre An offshore financial centre (OFC) is defined as a "country or jurisdiction that provides financial services to nonresidents on a scale that is incommensurate with the size and the financing of its domestic economy." "Offshore" does not refer ...
.
Offshore companies The term "offshore company" or “offshore corporation” is used in at least two distinct and different ways. An offshore company may be a reference to: * a company, group or sometimes a division thereof, which engages in offshoring business pr ...
in Gibraltar became popular during the blockade and provided business for lawyers and accountants. 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. Conditions for residence


See also

* Gibraltarian status *
Gibraltarian people 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 ...
*
Gibraltar identity card The Gibraltar identity card is an official identity document issued by Civil Status and Registration Office of the Government of Gibraltar to all British citizens living in Gibraltar. Validity of the document is 10 years (5 years for children un ...
*
British Overseas Territories citizen A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories (prev ...
*
British Overseas Territories Act 2002 The British Overseas Territories Act 2002 (c.8) is an Act of the Parliament of the United Kingdom which superseded parts of the British Nationality Act 1981. It makes legal provision for the renaming of the ''British Dependent Territories'' as ...
* History of British nationality law *
British nationality law British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...


Notes


References


Bibliography

* Sir Richard Airey was the new Governor of Gibraltar in 1866. * * * * * * Frederick Solly Flood was the new police magistrate of Gibraltar in 1866. * * * * * * International Population Census. pre-1945, Europe icroform Woodbridge, Connecticut. Research Publications, 1985. The Census of Gibraltar taken on 5 April 1891. Printed on Command. Cavendish Boyle, Colonial Secretary. * International Population Census. pre-1945, Europe icroform Woodbridge, Connecticut. Research Publications, 1985. The Census of Gibraltar taken on 31 March 1901. * International Population Census. pre-1945, Europe icroform Woodbridge, Connecticut. Research Publications, 1985. The Census of Gibraltar, 2 April 1911. * International Population Census. pre-1945, Europe icroform Woodbridge, Connecticut. Research Publications, 1985. The Census of Gibraltar, 19 June 1921. * International Population Census. post-1967, Europe icroform Woodbridge, Connecticut. Research Publications, 1985. Report on the Census of Gibraltar, 1970. * International Population Census. post-1967, Europe icroform Woodbridge, Connecticut. Research Publications, 1985. The Census of Gibraltar, 1981. * Documents on Gibraltar presented to the Spanish Cortes by the Minister of Foreign Affairs. Madrid, 1965. Chapter 2, The Gibraltar Fence.


External links


Gibraltar Government website



The history of the territory of Gibraltar and frontier controls



Gibraltar Chronicle article detailing the disuse of the term "colony" in the 2006 constitution



A discussion page about Passports in Gibraltar
{{Gibraltar topics
Gibraltar ) , anthem = " God Save the King" , song = " Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gib ...
Society of Gibraltar History of Gibraltar