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 ('' ...
. The constitution was the outcome of the Constitutional Conference chaired by the 2nd Baron Shepherd which lasted from 16 to 24 July 1968. The Gibraltarian members of the Constitutional Conference were: Joshua Hassan, Aurelio Montegriffo and Abraham Serfaty 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 W ...
; Robert Peliza, Maurice Xiberras and legal advisor Sir Frederick Bennet for the Integration With Britain Party; and Peter Isola.


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 treaty, 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 vac ...
".


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 The government of Spain () is the central government which leads the executive branch and the General State Administration of the Kingdom of Spain. The Government consists of the Prime Minister and the Ministers; the prime minister has the ...
under the leadership of
Francisco Franco Francisco Franco Bahamonde (born Francisco Paulino Hermenegildo Teódulo Franco Bahamonde; 4 December 1892 – 20 November 1975) was a Spanish general and dictator who led the Nationalist faction (Spanish Civil War), Nationalist forces i ...
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 His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.
. On 20 May 1968 the
Gibraltar–Spain border The Gibraltar–Spain border is the border, international boundary between the British Overseas Territories, British Overseas Territory of Gibraltar and the Spain, Kingdom of Spain. It is also referred to as "The Fence of Gibraltar" () or si ...
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 treaty, 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 vac ...
. On 6 July 1969, the decision to close the land border between Spain 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 Constitution Order 2006 * 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