/

In conf'ormity with Article 9 of the Chicago Conven­

tion of' 1944 on Civil Aviation, the Spanish Government has

inf'ormed the I.C.A.O. and all member countries of that nrgan­

ization that as f'rom 12 April 1967 it has declared the Span­

ish airspace belonging to the part of' the territory of'

which is denoted Campo de and surrounds

Bay a Zone Prohibited to aerial navigation. This Prohibited

Zone, which will bear the name of' Algeciras Prohibited Zone,

includes the jurisdictional and internal Spanish waters per­

taining to the territory whose airspace is thus regulated.

It is not necessary to explain the reasons f'or this

Spanish ·decision, which does not af'fect the airways along

which international civil traf'f'ic takes place. It has been

adopted, in conf'ormity with the international agreements

in f'orce, f'or peremptory reasons of national security. In

f'act, the Strait of' Gibraltar has the highest strategic

value f'or Spain, and on that account the surrounding region

is considered a military zone which must be protected f'rom

f'oreign observation by the measures habitual in such cases.

Nevertheless·, and in view of' the press campaigns and

of'f'icial statements which have occurred in a certain country

against the above-mentioned decision, whose legality has

been called in question, the Spanish Government has no ob­

jection to explaining what is the situation that has been

created in this zone of' its airspace. ..

- 2 -

On 5 January 1967 the Spanish Government received

· an official Note from that of Great Britain, from the text

of which it could be inferred that the United Kingdom con-

sidered it held the right for its military aircraft to over-

fly the Spanish airspace which is now declared prohibited

to aerial navigation. Naturally enough, the Spanish Govern-

ment could not admit easements of this kind. The

of every State over the airspace which pertains to its ter-

ritory and waters is a principle of international law laid

down in numerous international conventions, and most recently

in Article 1 of the Chicago Convention of 1944.

The British declaration above mentioned--which Spain

rejected~-purported in this way to justify a series of in-

fringements of Spanish airspace committed in recent months

by British military aircraft; these infringements were pa-

tiently and repeatedly denounced by the Spanish authorities

without the United Kingdom's paying any attention whatever

to these protests.

It must be borne in mind that the "status quo" of

this zone changed sharply and radically on 12 July 1966.

In fact, taking advantage of the Hispano-British negotia-

tions for the return of Gibraltar, which were then proceed-

ing as a result of the United Nations' mandate, Great Bri-

tain on that date proclaimed herself--for the first time

in history--to hold sovereignty over a square kilometre

of Spanish territory, adjacent to Gibraltar, ~n which she

had constructed in 19J8 an aerodrome which crosses this - 3 -

usurped territory from east to west and projects into the

waters of Algeciras Bay.

The Spanish Government asked the British Government

to reconsider this decision, but without success.

It also pointed out that the technical services for

observing aerial navigation had been recording the fact that

the military utilization of the Gibraltar aerodrome involved

the use of the adjacent airspace, the Spanish sovereignty

of which Great Britain herself has never questioned.

The United Kingdom denied that this could occur,but

Spain, in successive diplomatic Notes, was able to report

no less than 33 violations of her airspace committed by

British military aircraft.

As a reply to the protests of Madrid, the British

Government delivered the aforesaid Note of 5 January 1967,

in which an intention of interfering with full Spanish sov­

ereignty over the said airspace was reflected.

2.- The Gibraltar aerodrome is situated precisely

in the territory of the isthmus above- mentioned and in a

zone which had been deemed neutral for military purposes.

It was built in 1938, in the middle of the Spanish civil war. As soon as that conflict ended, in 1939, Spain protest­

ed, and the British replied that what was in question was merely an "emergency landing ground" for the use of naval aircraft.

It has been unilaterally registered by Great Britain in the Europe-Mediterranean Plans of the I.C.A.o. as a mi- • •

- 4 -

litary Aerodrome which may be used by civil aircraft only

in case of emergency or with previous authorization by the

British military authorities. Hitherto the only civil flights

permitted to and from it have been those o~ two British Com­

panies, namely British European Airways and Gibraltar Air-

ways.

This military cllaracter of the aerodrome is the sole

cause of the difficulties experienced by the civil i an traf­

fic. Great Britain, as can be seen, has raised them at all

times, for reasons which are not d·ifficul t to guess. And

Spain--which harbours no intention of interfering with that

traffic~-cannot fail, for indispensable reasons of national

security, to pay attention to the existence, against her

will, of a foreign military base in a zone of such vital

importance to her as the .

So true is this that the Spanish Government had con­

fined itself to requesting Great Britain to abstain from

using the aerodrome for military purposes, and was quite

ready to allow free civil traffic there if this condition

were fulfilled, for in that case one of the reasons which

have called urgently for the declaration of the Algeciras

Prohibited Zone would disappear.

In the present state of affairs it must be borne in

mind that Spain has not officially recognized the existence

of the Gibraltar aerodrome, and is wholly free from any inter­

national commitment in relation to its working.

3. - The Prohibited Zone e sta blished by Spain is con­

fined to those territories and waters whose Spanish sover- • • ..

- 5 -

eignty the British Goverment itself does not question.Though

the Spanish Government does not renounce its sovereign rights

over the piece of the isthmus usurped by Great Britain south

of the fence built by the British in 1909, the boundary of

the aforementioned Prohibited Zone is fixed by the coordinates

which geographically define the exact situation of the Zone.

The Spanish decision, motivated by the above-mentioned

reasons of national security, cannot cause any surprise.Great

Britain herself has declared prohibited to aerial navigation

17 zones of her metropolitan territory and the airspace of

the Rock from the fence to Punta Europa; and she has estab­

lished two other zones of restricted flying over the western

Mediterranean where the Gibraltar military aircraft carry

out their training flights.

France, in turn, has 10 prohibited zones and 110 zones

of restricted flying in her airspace.

4.- In an official statement made by the Undersecre­

tary . for the Commonwealth in the House of Commons on 13 April

1967, Her Britannic Majesty's Government described the Span­

ish decision to establish the Algeciras Prohibited Zone as

an unfriendly gesture. And it has taken this decision as a

pretext for interrupting the negotiations with Spain for

the decolonization of Gibraltar recommended by Resolution

2231 adopted by the General Assembly of the United Nations

on 20 December 1966. Mr Bowden--in "Palmerstonian language"

("Sunday Telegraph" for April 17)-- moreover gave it to be

understood that the United Kingdom would defy a legal meas­

ure adopted within the strict bounds of Spain's sovereignty

and in conformity with the international Conventions in

force. •

- 6 -

The Spanish Government wishes to place on record that

the responsibility for interrupting the Anglo-Spanish negotia-

tions for the decolonization of Gibraltar falls exclusively

upon the Government of Her Britannic Majesty, and has informed

the Secretariat-General of the United Nations to this effect.

The interruption is all the more serious inasmuch as

the above-mentioned Resolution of the United Nations General

Assembly, while it "invites the two parties to continue their

negotiations", at the same time "asks tl1e administering power

to accelerate, without any obstacle and in consultation with

the Government of Spain, the decolonization of Gibraltar and

to present a report as soon as possible, and in any case

before the twenty-second period of sessions" of that Assembly,

which will open next September.

In this connexion it should be recalled that when on

12 July 1966 the United Kingdom proclaimed itself sovereign

over a piece of Spanish territory, thus extending the geogra-

phical bounds of Rock in a gesture of pure colonialism,Spain

remained loyal to the United Nations decisions and did not

interrupt the negotiations, despite the fact that she con-

sidered this declaration as an aggression against her ter-

ritorial integrity.

The fact of continuing to negotiate, as the Spanish

Government wishes to do, does not mean that Spain renounces

the full exercise of ther sovereign rights or will fail to

oppose any act that ignores them. • 67-08849 rg Translated :f'rom Spe.nish

IERM.A.NEN'l' MISSION OF SPAIN 'ro THE . UNI'l!ED NATIONS

Rev York, 20 April 1967 No. 6o

Sir, M;y Government instructs me to inform you of the fol.l.ow1ng: Primo - On 29 March 1967, the United Kingdom Government o:f'ficially ini'ormed the Spanish Government, in the att,ched memorandtml, that it was willing to resume on lB April 1967 the negotiations on the decolonization of Gibraltar recommended by resolution 2231 (XXI). These negotiations had been suspended since 14 December 1966, because since that date the United Kingdom bas not replied to the Spanish proposal that discussions should start without dela3' on a statute which would protect the interests of the , as a prerequisite for the decolonization of the Rock. The protection of the interests of the inhabitants of Gibraltar, which Spain has always posed as a condition for ending the colonial situation in Gibraltar, was recommended by the United Nations. Secunda - On 3 April 1967, Spain accepted the date of 18 April for the resumption of negotiat;f.ons with the United Kingdom for the purpose of decolonizing Gibraltar. On 12 Apr11, the Spanish Government, in exercise of its sovereign right

and for reasons of military necessity and public sa~ety, in accordance with the Chicago Convention of 1944, declared that the airspace over the Campo de Gibra1tar and its territorial waters were prohibited to air traffic. You are already aware of the violations of Spe.nish airspace denounced by my Government, since I informed you of them in my notes No. 14 of 30 January, No. 23 of 23 Februar,y and No. 24 of 27 February.

His Excellency U Thant, Secretary-General of the United Nations, New York / ... • 67-08849 rg -2-

When the Spanish Government was preparing to send its delegation to resume negotiations with the United Kingdom, the latter - taking as a pretext the above-mentioned Spanish declaration of 12 April and confUsing the defence of our sovereignty vith the problem of decol.onization - ora.lly informed the .Ambassador of Spain i .n wndon on 14 April that it bad decided to adjourn the negotiations sine die. On 17 April, the Permanent Mission of Spain in:formed you of the Spanish decision to establish the abOYe-mentioned prohibited area. Tertio - Spain's a:f:f'lrme.tion of sovereignty over this area provoked a reaction f'rom the United Kingdom on which my Government will not con:ment; it believes, however, that the measure taken by Spain in no W8\f Justifies the interruption of the negotiations recommended by the United Nations General Assembly. Quarto - On behalf of the Spanish Government, I there:for:e request you to inform the Un1 ted Kingdom that its suspension of tbe negotiations bas created a serious obstacle to the decolonization of Gibraltar and urge it to resume negotiations without delB\1. lo\Y' Government trusts that you will realize the importance we attach to this, because we hope thus to implement resolution 2231 (XXI) and at last really set in motion the promised decolonization of Gibraltar. Accept, Sir, the assurances of my highest consideration.

{Signed) Manuel AZNAR Ambassador, Permanent Representative of Spain to the United Nations

/ ... .. 67-08849 rg -3-

FULL TEXT OF 'mE MEH>RANDt.M HANDED TO THE .AMBASSADOR OF SPAIN IN IDNOON ON 29 MARCH 1967

1. Her Majesty's Government have now completed their study o:f resolution 2231 (XXI), adopted by the General Assembly o:f the United Nations on 20 December 1966, and the communications addressed to them by the Spanish Government on 13 December 1966. 2. Her Majesty's Government regret that the Spanish Government are unwilling to agree that the legal issues in dispute. between the two Governments concerning Gibraltar should be referred to the International Court o:f Justice. While rejecting the arglDI'Ients and imputations made against them in the communications o:f 13 December, Her Majesty's Government see no merit in continuing to debate issues which the Spe.nish Government are unwilling to submit to impartial adjudication. 3. Her Majesty's Government nonetheless wish to comply with resolution 2231 (XXI). They are accordingly willing to consult vith the Spanish Government about all methods by which the decolonization o:f Gibraltar might be achieved having regard to resolution 2231 (XXI) and other relevant resolutions o:f the General Assembly, the obligations of Her Majesty's Government under the United Nations Charter itself and under the Treaty of Utrecht, the interests of the people o:f the

~erritory and the legitimate interests o:f Spain. 4. Her Majesty's Government accordingly propose that :fUrther talks between the

two Governments 1 as c~ for by General Assembly resolution 2231 (XXI) 1 should take place next month. Her Majesty's Government suggest that they should begin between o:fficials o:f the two Governments on or about lB April.

Foreign O:fi':f.ce wndon, s. w. ·l, 29 March 1967. CONFIDENTIAL UNITED KINGDOM MISSION TO THE UNITED NATIONS 845 THIRD AVENUE NEW YORK, N.Y.

(15151/277/67) 1 May, 1967.

Gibraltar You may like to .have this note of the main points about Gibraltar which I put to ¥OU in the course of our discussion on 28 Apr11. In my letter of 21 April I told Your Excellency about the British Government's suggestion last March that a new round of .AnRlo-Spanish talks should begin on 18 April, a·na about the Spanish Government's publication on 12 April of an Order declaring a prohibited area for aircraft in the vicinity of Gibraltar, a~parently designed to impede access by air to G1bral tar. Because of' this Spanish move my Government informed the Spanish Government on 13 April that it had deciaed to postpone the talks, and would meanwhile try to establish the practical implications of' the Spanish Order. In raising the subject during our talk I made a number of comments on my Government's instructions which may be summarised as follows: (a) the talks were to be held on our initiative. (b) At the talks we bad hoped inter alia to obtain a clarification and explanation of the proposals which Spain made on /14 December, 1966 His Excellency U Thant, Secretary-General of tbe United Nations. CONFIDENTIAL

14 December, 1966. {c) We did not cancel the talks: we postponed them. {d) We did this because Spain's action, prejudicial to the interests of the people of Gibraltar, clearly introduced a new element. {e) This was not the first time Spain had acted in this way on the eve of talks. {f) A decision on reconvening the talks must await clarification of tne technical im~lications of the Spanish action. On th1s we consul ted the Spa.Ilish Ambassador in London on 24 April. No response has yet been made by the Spanish Government. Meanwhile we have had the matter included in the work programme of the current session of the International Civil Aviation Organisation Council. {g) We intend in any case to take action in the light of Resolution 2231 {XXI) and to consult the Government of Spain in doing so.

{h) We welcome Your Excellen~'s will~ess to use your good offices, and we respectfUlly suggest that these could best be applied in urging the Spanish Government to moderate the effects of measures whose /main

CONFIDENTIAL CONFIDWTIAL main purpose appears to be the harassment of the Gibraltarians rather than to promote the implementation of Resolution 2231 (XXI ) •

~~. ~ (Ca.radon)

CONFIDEW'I.A.L United Kingdom Mis6ion ro the United Nations. P.O. Box 3434, New York 17. N.Y.

BY HAND His Excellency U Thant, CONFIDENTIAL

Secre~-General of the United Nations,

NEW YORK.

c

' NEW YORK Tll1ES, Monday, 8 May 1967

•I'

lards now (It Is said) establish a To the Editor: restricted air zone to the north I was pleased to read In the­ of the Gibraltar Isthmus, just April 23 n&ws article on Gibral· as the British had already done tar by ;Benjamin Welles tha.t to the south? "there Is consldera.ble sympathy Mr. Welles also quotes the In official circles here for the argument that Great Britain legality of the Spanish claim to will never return Gibraltar to Gibraltar." But, he adds, lhis Is General Franco's Government, offset by "the tendency of the but that "the passage of time" regime of Generalissimo F ranco will amicably resolve the entire to apply force wheneve~ n~go­ issue. tiation.s seem to be la gg~ng. This excuse to retain Gibral­ The reference t o a "regime" tar is a very tired one. Spanish In describing aotions of a go~­ political leaders, Socl:lllsts e.nd ernment Is slightly quaint , as If Republicans, from Prieto to Ma­ one spoke of the "tendency of darlaga, have, like all Span­ the regime of President John· iards, felt as deeply on Gibral­ son .to apply force in Vietnam tar as anyone now tn office, and whenever negotiations seem to have said and written so. be lagging" or "the tendency of Mr. Wilson's regime to ·apply Unlfylng Sentiment restrictions In Rhodesia when· Why should Mr. Wilson be ever negotla.tlons seem to be more "anti-Franco" than they ? lagging.'' He should quote them in Par­ There the analogy ends, and liament; he should tell the truth I am amazed it &hould be im· about the only political senti­ plied tha.t the Sparush action In ment that unites all . forbidding overflights of certain You do not give Glbl'altar back zones of her own mainland ter­ t o Yranco, or AlcalA. Zamora, or ritory and wa.ters (in view of N egrtn, or King you repeated vlola.Uons and fruitless give it back to protests) is something unusual, the • of illegal, violent or arblt t Is nothing of the sort. Identical Bans by monarchies The United States; by republics and dicta­ Great Britain and many other torsl'lips, through 260 years. countries have identical bans on Spain maintains her peaceful certain zones. The outcry In proposals for a solution accord­ Great Britain Is more than ing t o the UN. directive, keep­ strange, as they have long ago Ing every interest In mind: Brit· establis-hed just such a. zone ish citizenship, autonomy and a over Gibraltar itself and In cer­ special political and economic t ain parts of the western Medi· status for the population, under terranean. U.N. guarantee, and continued Admittedly, Spain Is weaker use of the military base for than . If the as yet si­ Great Britain. Would Franco's lent "official circles here" Mr. successors offer as much ? Welles refers to are worried It Is ridiculous to postpone about the use of force, they the decolonlzatlon of the last should make known their preoc­ colony on European soil, to ac­ cupation to the stronger party cuse Spain of "the use of force" ln the dispute, the party accus­ and then to threaten, In effect t omed to using force, not to the (as Commonwealth Secretary weaker. Herbert Bowden has recently Spain Is not now very prone done), to penetrate by force the to International violence. Cyprus restricted zones of her air space. was 1tlood bath; to_.,. Kenya. This is dangerous nonsense, and The S lards ha: net fired sc no one Jn the United States should encourage it. THE MARQUIS OF MERRY DEL VAL of Spain ' • JRB/nb cc: ~. L. Lemieux Mr. C. V. Narasimhan Mr . Martin Hill Registry

16 May 1967

ar . 'l'rlgt '

As you are no doubt aware, the queation ot Gibral. tar bae been d continuea to be a matter Wlder diacuaei on at the Un1 t ed Nations. General Asscbly Resolution 22~ (XXI) , inter alia, call upon the Un1 ted Kingdoll and Spain to contizme their nego­ tiations and requests the Secret&ry-4eneral. to aaaiat 1n the illpl•entation of the resolution.

The Repreaantative ot Spain intoraed the Secretary~eral. ot the a cti on that thq propoaed to take in I CAO with reapect to the establisbllent ot a prohibited zone o't Spaniah t erritory and ter­ ritorial. waters adJace.t to Gibraltar. We underatand t.bat this matter has been considered at the recent meetings ot the Council ot I CAO 'Which concluded on 1' May.

I sbOUld be very grateful it i t would be possible tor you to send ue the records ot thea discuaaion.e in the OouncU ot I CAO • and any other related into:r-.tion which you may teel would be u se1'ul. tor the S cretary-General to have.

Many thanks in advance tor your kind attention.

With best personal r egards,

Yours aincerely,

Jos6 Nolz-Bcnnett Under-Secretary tor Special Political Affairs

. B. T. Tvigt Secretary-Gen ral International. Civil Aviation Or ganization I nternational AYiation Building l oBo university Street ontreal ', C&nada ttednesday, 17 May 1967 NEW YORI{ Tl:MES' ~

•• h Ban on seelt only to find agreeable and ami Overflights ment of the problem. by contrast, has employed all man­ ' To ner of coercive techniques for I should be grateful for the the last two-and-a-half years opportunity or making some and has sought to gain posses­ observations on the letter about sion of the Rock by bullying a Gibraltar published in your issue small, friendly and unorfending of May 8 from His Excellency community. the Spanish Ambassador. I should like to deal with the Spain can hardly claim to be points he made in the order in acting "according to the United which he made them. Nations' dlrecUve" when. by the announcement or the prohibited Whatever sympathy may be air zone, she flatly contravened claimed for the legality of the the Injunction of the Committee Spanish position on Gibraltar, of 24. "to refrain from any acts I must point out that by reject­ which will hamper the success" ing Britain's offer to submit or the negotiations on decoloni­ these issues to the International zation, and the General Assem­ Court of Justice Spain has re­ bly's requirement to continue fused to test her view ot the negotiations "taking Into ac­ legal Issues. . . count the Interests or the peo­ The Spanish order forb1ddmg ple of the territory." overflights in the Gibraltar area has been under discussion In the Damage to Economy Council of the International Civil Aviation Organization in The object of these restric· Montreal The British represent­ tiona wa.s clearly to damage ative has made it clear that Her Gibraltar's economy by restrict­ Majesty's Government believes ing the tourist trade, and lt Is that this order contravenes the evident that Spain Is more con­ Chicago Convention and specifi­ cerned to harass the Gibral­ cally the requirement that "such tarians than to promote the im­ prohibited areas shall be of rea.­ plementation of the United Na· sonable extent and location so tiona' resolutions. as not to Interfere unnecessarily Finally, it is of Interest that with air navigation." the letter of His Excellency the Effect on Talks Spanish Ambassador In no way refers to the wishes of the Nor Is the order warranted by Inhabitants of the territory or the Spanish complaints about to the possibility of consulting Britain's alleged overflights, al­ them about their future. To call most all of which have proved giving Gibraltar back to Spain on investigation to be un­ "decolonization" when the Gi­ founded. This latest restriction braltariana have repeatedly · was clearly designed, as earlier made it clear that they did not ones have been, to influence the wish to be handed over to Spain talks on Gibraltar which were Is a travesty of the idea of de­ to have been held between Brit­ colonization. ain and Spain in compliance with the United Nations' resolu­ Genuine decolonization must tions. mean the enlargement of free­ dom and not the transfer of The British authorities have whole communities from one declared no prohibited areas as sovereignty to ·another against defined by the Internat!on!ll their will. Civil Aviation organization In or near Gibraltar. There has S. H. HEIIBLETHWAITE been for a long time a restric­ Information Counselor tion on aircraft flying over Gibraltar in order to Insure that they do not approach a busy airfield without obta.ining per­ mission from the airfield traf­ fic control. Permission has not been with­ held in any normal circum­ stances. Four separate danger areas have been reserved over waters near Gibraltar for train­ Ing purposes. Aircraft are not prohibited from flying through these. Reservations were made in consultation with the Spanish air traffic control authorities. There is no possible justifica­ tion for the reference to Eng- land as "the party ac ed to usia&.< ted Kingdoih qcl e Olbralt&t'lans TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

23 MAY 1967 DATE UNITED NATIONS NATIONS UNIES

NEW YORK

IIIEF'EIIIIlNCil TR '300 GIBR

The enclosed translation of ~nication dated 19 May 1967 is transmitted to the Perll;.nent Missions of the States

Members or the United ~· at the request of the Permanent

Representative o()fS~ to he United Nations.

22 May 1967 (j I'd/' Translated from Spanish

Permanent Mission of Spain to the United Nations

No. 87 New York, 19 May 1967

Sir, In my letter of 20 April, I informed you that the United Kingdom had adjourned the negotiations for the decolonization of Gibraltar sine die. The United Kingdom Government used as a pretext for this adjournment the establishment by Spain of a prohibited area for air navigation in Algeciras and asked the Council of ICAO to recommend to my Government the postponement of the entry into force of this prohibition. The Council of ICAO considered the United Kingdom complaint on 10, 11 and 13 May 1967 and decided to take no action on it. I have the honour to transmit herewith a summary of the discussions held on the aforesaid dates. Consequently, Algeciras duly became a prohibited area on 15 May, and my Government sent the United Kingdom Government a note verbale, dated 17 May, which I also have the honour to transmit herewith with the request that the present letter and its annexes should be circulated as working documents. Spain is willing to continue without any delay the negotiations for the decolonization of Gibraltar recommended in United Nations General Assembly resolution 2231 (XXI) and again requests you to remind the United Kingdom of its obligation to comply with this r esolution. Ac cept, Sir, the assurances of my highes t consideration.

(Signed) Manuel AZNAR Ambas sador, Permanent Represent ative of Spain t o the United Nations His Excelle ncy U Thant, Secretary-General of the United Nations , New York -2-

Summary of the discussions of ICAO

1. The first meeting was held on Wednesday, the lOth, at 2.30 p.m. The United Kingdom representative introduced a working document which he had submitted to the President of ICAO requesting a special meeting of the Council. That working document made two requests of the Council: (a) That the Council should ask Spain whether the United Kingdom's interpretation of the prohibited area of Algeciras, namely, that that area did not prevent civil aircraft from using Gibraltar airfield, was correct; (b) That, in the event that the prohibited area of Algeciras applied to civil aircraft, the Council should request Spain to postpone the creation of the prohibited area until "all the implications of the prohibition have been made clear"}./ According to the United Kingdom working document, the "implicati::ms" of the prohibition included, inter alia, a prior determination by both States concerning the waters near Pen6n. At the conclusion of his statement, the United Kingdom representative asked the Council to recorrunend that Spain "postpone the creation of the prohibited area until all matters relating t o the delimitation of the sovereignty of the two States over the waters adjacent to Gibraltar were clarified". The President of the Council asked the United Kingdom representative whether he was making a formal proposal, and that representative answered that he was making a suggestion but he might later submit it as a proposal; that he never did. 2. At the second meeting, which started at 2.30 p.m. on the 11th, the United Kingdom representative formally proposed the following: "That the Council, after noting that until 6 May the Spanish prohibited area in relation to the waters had not been

~/ This and all subsequent quotations from the discussions are provisional translations.

~------..

-3-

clearly defined, declares that if the prohibited area is created as of 15 May, a violation of annex 15 to the Chicago Convention will have been committed". (Annex 15 to the Chicago Convention specified the tiLe limits and formalities applicable to declarations of prohibited areas. Twenty-eight days' notice must be given of any prohibited area.) The United Kingdom proposal received no support and consequently not only was not put to the vote, but was not even discussed. 3· At the same meeting on the 11th, after the United Kingdom proposal had been withdrawn for lack of support, the Australian representative proposed the following: "That the Council should instruct the Secretary-General of ICAO to obtain information on the civil air traffic in Gibraltar, including a detailed map of the area and comp~ete reports of the civil aircraft that use the airfield. After this report has been drawn up by the Secretariat, the Air Navigation Commission of ICAO should prepare a report explaining the effects which the Spanish prohibited area would have on civil traffic at the Gibraltar airfield". Those two reports were to be used by the Council in reaching a decision on the Spanish prohibited area. The Nigerian representative introduced an amendment to the Australian proposal, but withdrew it immediately at the request of the Australian representative. The amendment provided that the . Council should also recommend Spain not to establish the prohibited area until after the Secretariat of ICAO and the Air Navigation Commission had drawn up the reports asked for by the Australian representative. The Australian proposal was discussed and, when put to the vote, received only eight affirmative votes. Seven countries voted against it, and twelve abstained, and the proposal was consequently rejected. -4-

4. At the third meeting, which started at 10 a.m. on Saturday, the 13th, no further proposals were submitted, and the President, after stating: "I understand that the discussion of this matter has been .exhausted", declared the adjournment of the debate. After the President had spoken, the United Kingdom representative made a statement in which he said that he regretted the lack of support in the Council of ICAO for the United Kingdom requests and declared that the United Kingdom reserved the right to pursue the question in accordance with article 64 of the Chicago Convention. The Spanish representative also made a statement, in which he said that since no requests had been made of Spain, the prohibited area would be established as of 15 May. 5. To sum up, the Council of ICAO, in rejecting a United Kingdom proposal and an Australian proposal, also rejected the United Kingdom request c8ntained in the original working document, and there was no support for a United Kingdom suggestion which the United Ki ngdom representative did not venture to put forward as a formal proposal. -5-

MINISTRY OF FDREIGN AFFY\IRS

No. 115 NOTE VERBALE

Th e Ministry of Foreign Affairs present its compliments to the Embassy of the United Kingdom and on the instructions of the Spanish Government has the honour to state the following: 1. On 29 March the United Kingdom Government informed the Ambassador of Spain in London that it would suggest the date of l:i April for hold ing further negotiations between the two Governments as recommended by the United Nations. On 3 April Spain agreed to that date. 2. On 13 April the United Kingdom Government informed the Ambassador of Spain in London that the negotiations between the two Governments for the decolonization of Gibraltar were postponed sine die because of the establishment of the prohibited area of Algeciras. On the same day, in the House of Commons, Mr. Bowden, the Under Secretary for Commonwealth Relations, made public this decision of the United Kingdom Government and stated that the United Kingdom Government would submit a complaint to the Council of ICAO concerning the establishment of the prohibited area of Algeciras. 3. The Permanent Representative of Spain to the United Nations on 20 April informed U Thant, the Secretary-General of the United Nations, that the United Kingdom had adjourned the negotiations for the decolonization of Gibraltar sine die, and requested the Secretary-General, under operative paragraph 3 of resolution 2231 (XXI), to ask the British Government to resume these talks.

United Kingdom Embassy, Madrid • -6-

4. On 28 April, the Secretary-General of the United Nations summoned Lord Caradon, the Permanent Representative of the United Kingdom to the United Nations, and transmitted Spain's request to him. 5. As the United Kingdom is aware, the Council of ICAO gave no support to its complaints against the establishment of the prohibited area of Algeciras, which entered into force on 15 May 1967. Consequently, the Spanish Government again requests the United Kingdom Government to resume the negotiations for the decolonization of Gibraltar immediately and without further delay. The Spanish Government is willing to consider the earliest possible date that the United Kingdom Government may propose for convening the meeting which was scheduled and which the United Kingdc'm postponed, since in September next a report will have to be made to the United Nations General Assembly on the results of these negotiations. The Spanish Government believes that only through such negotiations can all the problems relating to Gibraltar be resolved.

Madrid, 16 May 1967 UNITED. NATIONS Press Services ortice of PUblic Information United Nations1 N.Y. (FOR USE OF INFORMATION MEDIA -- NOT AN OFFICIAL RECORD)

NV/80 23 ley 1967

The text of the folloWing communication to the Secretacy-General1 U 'lbant, which bas been circulated to Member Governments as a note verbale1 is reproduced below for the information of correspondents:

Translated from Spanish

PERMANENT MISSION OF SP.'.IN ro THE UNITED NATIONS

New York1 19 )By 1967 Sir, In my letter of 20 AprU, I informed you tb8 t the Un1 ted Kingdom had adjourned the negotiations for the decolonization of Gibraltar sine die. '!he United Kingdom Government used as a pretext for this adjournment the establishment by Spain of a prohibited area for air navigation in Algeciras and asked the Council of ICAO to recommend to my Government the postponement of the entry into force of this prohibition. '!be Council of ICAO considered the United Kingdom complaint on 10, 11 and 13 !oily 1967 and decided to take no action on it.. I have the honour to transmit hereWith a summary of the discussions held on the aforesaid dates.

Consequently1 Algeciras duly became a prohibited area on 15 :tey, and my Government sent the Un1 ted Kingdom Government a note verbale, dated 17 )B;y, Which I also have the honour to transmit herewith with the request that the present letter and its annexes should be circulated as working documents. Spain is willing to continue w1 thout any delay the negotiations tor the decolonization of Gibraltar recommended in United Nations General Assembly­ resolution 2231 (XXI) and again requests you to remind the United Kingdom of its obligation to campl;y with this resolution. Accept, Sir, the assurances of my highest consideration.

( Sigoed) Manuel AZNAR Ambassado~nent Representative of Spain to the United Nations (more) 2 - NV/P.!J 23 Me¥ 1967

SUmmary of the discuss-1.-ons of ICAO

1. The first meeting was held on l-lednesdey1 the lOth.,· at 2:30 p.m. The United Kingdom representative introduced a. working document which he had submitted to the Preai!leut of ICAO requesting a special meeting of the Council.

{ That working document made two requests of the Council: {a) That the Council t J should ask Spain whether the United Kingdan's interpretation of the prohibited area. of Al.geciras 1 namel:Y; that tlm.t . area did not prevent civ:l.l a~rcrart from using Gibraltar· airfield; was. co~rect; (b) That., in the evellt that the

prohibited area of Algecira.s applied to civil a1rcraf't1 the Council ~hould request Spain to postpone the creation of the prohibited area. until "Ei.ll the implications of the prohfJ?ition have been made clear".!/ According to the United Kingdom working document, the "implications" of the prohibition included, inter alia., · a prior determination by both States concerning the waters near ·· Pefion. At the conclusion of his statement, the United Kingdom representative asked the Council to recam:nend that Spain "postpone the creation of the prohibited area _until all matters relating to the delimitation of the sovereignty

of the two States over the wa:te:ra ~djacent to Gibraltar were clarified". The

~ President of. the Council asked the United Kingdom representative whether he was making a formal proposal., and that representative answered that he was making a suggestion but he might later submit it a.s a proposal; that he never die.•

2. At the second meeting., 'Which started at 2:30 p.m. on the llth1 the United

Kingdam representa.tive :Com.a.l.ly proposed the following: "That the Council1 atter noting that until 6 May the Spanish prohibited area in relation to the · waters had not been clearly defined., declares that if the prohibited area. is

· created as of 15 ~ 1 a violation of annex 15 to the Chicago Convention will · have been caamitted". (Annex 15 to the Chicago Convention specified the time limits and formalities applicable to declarations of prohibited areas. Twenty­ eight days' notice must be given of any prohibited area.) The United Kingdan proposal received no support and consequentzy not only

was not put to the vote 1 but was not even discussed. (more)

·. !/ This and all subsequent quotations fran the discussions are provisional translations. - 4 -

!-DmSTRC OF JroREIGN AFF.AIBS Maa7.Ld, 16 Ma.v 1961

NOTE VERBALE

The Ministry of Foreign Affairs presents its canpliJ:Ients to the l!:mbassy of. the United Kingdom and on the instructions of the Spe.nish Govermnent has the honour· to state the following:

lo On 29 March the United Kingdom Government informed the .Ambassado~ of Spain in London that it would suggest the date of 18 April for holding turther negotiations between the two Governments as recQDIDended by the United Nations o On 3 April Spain agreed to that date o 2. On 13 April the United Kingdom Government informed the Ambassador of Spain in Lor.don that the negotiations between the two Governments for the decolonization of Gibraltar were postponed sine die ~cause of the establish­ ment of the prohibited area of Algeciras. On the same day, .in the House of Commons, Mr. Bowden, the Under-Secretary for Commonwealth Relations, made -' pu'bli:c this decision of the United Kingd.an Govermne:ut and stated that the United Kingdom Government would submit a complaint to the Council of ICAO concerninS the establishment of the prohibited . . ; area of Algeciras. : 3. The Permanent Representative of Spain to the United Nations on ro April info.rmed U Thant, the Secretary-General of the United Nations, that the l ,!..,:ced Kingdom had adjourned the negotiations ·for the decolonization of Gibraltar sine die, and requested the Secretary-General; under operative paragraph 3 of resolution 2231 (XXI), to ask the British Govermnent to resume these talks. 4. On 28 April, the ·secreroary-Genera.l of the United Nations summoned Lord Cara.don, the Penna.nent Representative of the United Kingdam to the united Nations, and transmitted Spain1 s reqliest to him. 5. As the United Kingdom is a'Ware, the Council of ICAO gave no support to itscamplaints against the establishment of the prohibited area of Algecira.s, which entered into force on 15 May 1967.

~more) U!Uted Kingdom Embassy, · Madrid .. 3 - NV/&J 23 May 1967

3. At the same meeting on the 11th, a:rte:- the United Ki:tgdom proposal had been withdrawn for lac!t of support, the Australian representative proposed the following: "That the Council should instruct the Secreta:cy--General of ICAO to obtain information on the civil air traffic in Gibraltar, including a detailed map of the area and complete reports of the civil aircraft that use the airfield. A:f'ter this report has been drawn up by the Secretariat, the Air Navigation Commission of ICAO should prepare a report explaining the effects which the Spanish prohibited area would have on civil traffic at the Gibraltar airfield". Those two reports were to be used by the Council in reaciLing a Clecision on the Spanish prohibited area.

The Nigerian r~pre s entative introduced an amendment to the Australian proposal, but withdrew it :immediate:cy at the request of the Australian representative. The amendment provided that the Council should also recommend Spain not to establish the prohibited area until after the Secretariat of ICAO and the Air Navigation Ca.mnission had dra.vm up the reports asked for by the Australian representative. The Austra.l:!.an proposal was discussed and, when put to the vote, received only eight affirms.tive votes. Seven countries voted against it, and twelve abstained, and the proposal '\-Ta.S consequently rejected. 4. At the third meeting, which started at 10 a.m. on Saturday, the 13th, no further proposals were submitted, and the President, after stating: "I under­ stand that the discussion of this matter has been exhat~sted", declared the adjournment of' the debate. After the President had spoken, the United Kingdom representative made a statement in which he said that he regretted the lack of support in the Council of ICAO for the United Kingdom requests and declared that the United KU:lgdom reserved the right to pursue the question in accordance with article 84 of the Chicago Convention. The Spanish representative also made a statement, in which he said that since no requests had been made of Spain, the prohibited area vruld be established as of 15 May. 5. To sum up, the Council of ICAO, in rejecting a United Kingdom proposal and an Australian proposal, also rejected the United Kingdom request contained in the original working document, and there was no support for a United Kingdom suggestion which the United Kingdom representative did not venture to put forward as a formal proposal. - 5 -

Consequently, the Spanish Government aeain requests the United Kingdom Govermnent to resume the negotiations f'or the decolonization of' Gibraltar immediately and without f'urther delay. The Spanish Govenunent is "'-ill1ng to consider the earliest possible date that the United Kincdom Government mey propose tor convening the meeting which was scheduled and which the United Kingdom postponed, since in September next a report will have to be made to the United Nations General Assembly on the results of these negotiations. The Spanish Government believes that only through such negotiations can all the problems relating to Gibraltar be resolved.

* *** ·* NEW YORK •T!MES, . Saturday, 27 " ,

, zatlon iD con• tended tha the ~measure banning overflights for reaso1111 of national security in . the Algeciras area was contrary to the Chicago agreement. It should now be added that after a thorough study of the case lasting four days the Britlsh officials were unable to obtain I.C.A.O.'s support for their pooo sltion, In view of which the President of the Council flnally closed the debate on May 13, saying: "I understand that the consideration of this lsaue hu been exhausted." Problblted Areaa As for the question of whether the Britlsh authorities have or have not themselves established prohibited areas In Gibraltar, the "Royal Air Force Fli&'ht Information Publication," Plan­ ning, Section 30, Airspace Res• ervatlons, Europe, Middle Eut and Africa, Of Feb. 2 lllilts a "prohibited area" of Gibraltar with a radius of three mUea. The same British "prohibited area" Is to be found 1n all such Information charts such u DOD Fllghrt Publication Plan­ ning Data, Department of Defense, U.S. Air Force, of March 23. Neither Spain nor the UDitecl Nations proposes to "transfer whole communltiM' ,rJ~~ .J IOVerelgnty, but li colonize a terri established a with Ita related mttltary civil dependents, who from the beginning of the Anglo-Sp&DIU To the Editor: talks on May 18, 1966, have Replying to the British In· been offered by Spain not only formation Counselor's letter the preservation of their na­ publlshed May 17 regarding tionality but also a special Gibraltar, may I point out that status with the approprtate in­ Spain did act "in accordance ternational guarantees. with the directives of the Unit­ In December 1966 Spain again ed Nations," as In its last execu­ requested Great Britain to dilt­ tive declsion-namely, Resolu· cuss the - possible content. lion 2231 (XXI) of the U.N. ot such a status, although up General Assembly (Dec. 17, to the present moment no reply 1966), It said that: ''The General has been received from Great Assembly asks the admln1ster· Britain on this new proposal. ing power" (that Is, Great Brit­ nor has she met with Spanish ain) "to expedite, without any representatives, as recommended hindrance and In consultation by Resolution 2231 ot the Gen­ with the Government of Spain, eral Assembly of the · Unltecl the decolonization of Gibraltar." Nations. The British representative at Spain Is willing to meet with the recent Counell of tlaf fater· Her Majesty's representatives at nation&l A.'\IIAioa Ot&*all· any time to resume negotla· Ci'V# tions for the decolonlzaUon of Gibraltar, fn accordance wltb the prdcedure specifically In­ dicated by the U.N. resolution. Within the framework of these negotiations any problem what­ soever refel'rlng to Gibraltar could be the object of consider&• tion with a view to solving it. JAlME DE UBZAIZ Information Counselor ·Hh]D~~:iil,'='111r-=; •i>

T HE NEW YORK' T I MES, TUESDA~ Jt/ ibraltar Negotiati. ons Begin as·- Mideas------t Erupt-\1 By TAD SZULC Talks Gain Ntw Signilictmct difficult approach channels to Spoclal t o Tho Notr York Tlmoo the COlony. MADRID, June 5-Spain and -Colony's Military Valat Interest wa.s aroused by B ·t · d talk t · ht n Spain's announcement today n a_m op_ene trf t~ omg o d to tht British lnuolutd that a new "forbidden zone" SJ?amsh at~ res c 1ons arou.n up to an altitude or 1,!00 feet Gibraltar m a perspective m- over the Gllbraltar strait, was fluen~ed by the eruption of the measures were ordered for "na- being established for the next war m the Middle East. tiona] security" reasons and be- 12 days for "firing practice." The semiofficial Spanish news . agency Citra reported today cause of alleged VIOlati on~ of :qetense Paot With u. R. that the British aircraft car· Spanish airspace by Brttish Both Britain and the United rler Albion and the nuclear sub- nillltary aircraft. Madrid denies State are carefully watching the . marine Valiant had anchored at that there Is any connection be- Spanish position In the M\ddle l 1 Gibraltar in the last 48 hours tween the air restrictions which East. before salllng into the Mediter· threaten to dry up the 'tourist Although Spaln maintains · ranean. The age~cy, which of· flow to the British colony, and cordial relations with the Arab ten reflects official thinking negotiations over the future of states, she aaso has a defanse here, commented that '.'Gibral- Gibraltar. agreement with the United tar seems to be the mam piece While Spain has made it clear States, under which the two na- ' in British military deployments that the curb would not be tlons jointly operate two all:' in the Middle East." . lifted, :;he agreed to "listen" to bases and a naval base. The talks tonight are betw~en the British views. On the eve The consensus at diplomats delegations led by the Spamsh of the arrival of the Bntish here was that Spain, most Uke· Undel:' Secretary or Foreign Af· delegation here yesterday, how- ly, would authorize the use of fai!'!i, Ramon Sedo, and the ever, the Spanish Government the bases for evacuation oper­ MinJster- Counselor of the Brit· charged that Royal Air Force ations, but not mUitary move­ Ish Embassy, J. Nicholas Hen- jet fighters twice violated its ments, In the Middle East. derson. airspace on May 26. Inasmuch as the United Britain maintains that the re- Diplomats here suggested that States Air F orce base at Whee­ strlctlons, extending over half any enlargement of the Middle Ius, Libya, cannot be used for of the bay of Algeiras, violates Eastern war would make the any Middle East.em &etlvttlu an international pact reached In Gibraltar airfield vital to Bl:'it- because of Llbyoan .llentlment, Chicago In 1944 Inasmuch as ain, and that she may then the Spa.nlah basea, &long with they Interfere with normal all:'· find It difficult to observe the Gibraltar, could become crucbl line traffic. Spanish re&trlctions, which pro- in thj,s part ot ~· M:editer- H~ever; S.P4ln Insists the vide for only two nanow and rane)dl. TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

DATE 8 JUN 1967 UNITED NATIONS • NATIONS UNIES

~ NEW YORK

t::A.LI( AODA~·· ' UNATIDNS NI[WYDRK • AOIItl: •• l: Tll"LIUJIItA~HIQUC

TR 300 GIBR

is transmitted to the Permanent Mi~on,s of the States Members of the United Nations at the request o~ Permanent Representative of Spain to the United Nations. • •

6 June 1967 Transl.ated :f'rolll Spanish

PERMANENT MISSION OF SPAIN TO THE URI'mD NATIONS

No. 100 New York, 5 June 1967

Sir, On 3 June 1967 the Spanish Ministry of Foreign Affairs delivered to Her Britannic MaJesty's Embassy in Madrid a Note Verbale containing a protest agajnst a violation of the prohibited area of Algeciras ~ committed by two British aircraft. I enclose a photostat copy of the ~ and the annex to it. The Spanish Government, which in the past eleven months bas had occasion to protest to Her Britannic MaJesty's Government in connexion with many previous violations already known to you, is. prepared to see that the prohibited area of .Algeci.ras is respected. Realizing that the worl.d is at present pe.ssing through a time of international crisis and disquieting tension, '1113' Govemment, in the face of this new viol.ation of its air space - specifically, of a Spanish security zone of'ticial.ly announced and duly notified as such - has carried moderation and caution to extremes. However, realizing that the situation is fraught with the danger of serious incidents, it wishes here and now to disc.l.aim respopsibility for any such incident which rray occur within Spe.nish air space. The Algeciras prohibited area was established in a strategic sector of vital importance to Spain - the Strait of Gibraltar - exclusively for reasons of national security which forbid aey attit\Jle ot lenience towards violations of that security, above all at this IDOIIlent, when any tolerance on Spain's part may benefit alien interests to the prejudice of peace. I should be gratef'ul if you would circulate. this Note and its annexes to all delegations to the United Nations. Accept, Sir, the assurances of my highest consideration.

(Signed) Manuel AZNAR Ambassador, Permanent Representative of Spain to the United Nations

H.E. U Tbant, Secretary-General of the United Nations New York ' Translated fran Spanish

MINISTRY OF FOim!GN AFFAIRS

No. 13].

The Ministry of Foreign Affairs presents its compliments to Her Britannic Majesty's Embassy in Madrid and has the honour to inf'orm it that on 26 ~ the prohibited area of Algeciras was violated by a formation of tw ''Hunter" mil.itary aircra.i't of British national.ity. An explanatory diagram of the violation referred to is attached. The Ministry of Foreign Affairs requests Her Britannic Majesty's Embassy to inf'orm the Government of the United Kingdom that Spain intends to see that the prohibited area is respected, and would add that this violation is being reported to the Secretary-General of the United Nations. The Ministry of Foreign Affairs takes this opportunity

to renew to tier .Britannic MaJesty's ~assy in Madrid the assurances of its highest consideration.

Madrid, 3 June 1967

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·::zn . . .L------~------~------·------~~ TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

3 JUL 1967 DATE UNITED NATIONS • NATIONS UNIES

~ NEW YORK

CA.LII: ADDAIII:•• • UNATIQNS NE:WYDRK • ADRII: •• II: TII.LII:ONA~HIQUII.

IIIII: F II. .. Il"tCII TR 300 GIBR

The enclosed translation or a communication dated 19 June 1967 is transmitted to the Permanent Mt ssions of the

States Members or the United Nations ~t t e request or the

Permanent Representative or Spain to nited Nations • •

29 June 1967

() CJ Translated from Spanish

PERMANENT MISSION OF SPAIN TO THE UNITED NATIONS

New York, 19 June 1967 No. 109

Sir, Further to my letter of 5 June, I have pleasure in enclosing a photocopy of a Note Verbale delivered by the Ministry of Foreign Affairs to the United Kingdom Embassy at Madrid, with the request that the Note, together with this letter, should be circulated as a working document. I take this opportunity to inform you that on 5 June discussions between Spain and the United Kingdom opened in Madrid, at the request of the United Kingdom, to consider the possible effect on the operation of Gibraltar airport of the establishment of the prohibited area of Algeciras by the Spanish Government on 12 April, which I reported to you on 17 April. At these discussions, which ended on 8 June, the United Kingdom requested the assistance of Spain in ensuring the normal operation of the airport of Gibraltar, giving as a pretext for its request:a desire to protect civil aviation. Yet on 5 June two United Kingdom fighter aircraft stationed in Gibraltar violated Spanish air space adjacent to the Rock by flying over the prohibited area. The Spanish Government expressed its agreement to the establishment of a practical system to permit the normal operation of the airport of Gibraltar, provided that it was purely civilian in nature. The United Kingdom, determined not to sacrifice its military requirements - which, in the final analysis, are what it is

H.E. U Thant Secretary-General of the United Nations New York -2-

defending in Gibraltar and what keeps it there - refused even to consider the Spanish proposal, announcing that it would refer the matter again to the Council of ICAO, under article 84 of the Chicago Convention. Accept, Sir, the assurances of my highest consideration.

(Signed) Manuel AZNAR Ambassador, Permanent Representative of Spain to the United Nations -3-

MINISTRY OF FOREIGN AFFAIRS

No. 142

NOTE VERBALE

The Ministry of Foreign Affairs presents its compliments to Her Britannic Majesty's Embassy at Madrid and has the honour to enclose photographs and diagrams of three vio.lations of the prohibited area of Algeciras committed by United Kingdom military aircraft. The first violation, which took place on 2 June, was committed by a "Britannia" aircraft. The second, which occurred on 5 June, was cormni tted by two "Hunter" aircrafts. The third was committed by a "Canberra" aircraft on 6 June. The Spanish Government lodges the most vigorous protest against these violations, which are being reported to the Secretary-General of the United Nations. These three new incidents bring to five the number of violations by United Kingdom military aircraft which Spain has had to complain of since the prohibited area of Algeciras was established. The Spanish Government, which has already informed Her Britannic Majesty and the Secretary-General of the United Nations that it will see that the prohibited area of Algeciras is respected, will in due course take appropriate practical steps to this end, believing that its cautious and moderate attitude towards the military violations of its air space has now been sufficiently demonstrated. In reiterating its protest against any violation that may be committed, the Spanish Government draws attention to the military activity being undertaken by the Gibraltar air base at the expense of Spain. The Ministry of Foreign Affairs takes this opportunity to renew to Her Britannic Majesty's Embassy the assurances of its highest consideration.

Madrid, 14 June 1967 Her Britannic Majesty's Embassy at Madrid TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

7 JUL 1967 DATE UNITED NATIONS - NATIONS UNIES

NEW YORK

CA.LI: AODIIE•• • UNATIQN. NI:WYQAK • AQIIII'I:.al£ T&LIEOIIA~HIQUII

TR 300 GIBR

The enclosed communication dated to the Permanent Missions of the

Nations at the request of the Pe Representative of the

United Kingdom to the United Nations • • •

30 June 1967 UNITED KINGDOM MISSION TO THE UNITED NATIONS 84S THIRD AVENUE NEW YORK, N .Y. 13 June, 1967. (15151/566)67)

Your Excellency, I have the honour to refer to Your Excellency's letter No. TR 300 GIBR of the 15th of May, 1967, with which was transmitted a copy of a letter dated the 1~th of April, 1967, addressed to you by His Excellency the Permanent Representative of Spain. The suggestion in Mr. Aznar's letter that Her Majesty's Government has creat.ed "obstacles ••• during the course of the negotiations between Spain and the United Kingdom" is a distortion of the facts. Rather it has been the Spanish Government which, by its declaration of a Prohibited Area relating to flying near Gibraltar on the 12th of April, has created such obstacles. This action was announced only six days before the Anglo-Spanish talks were due to open, upon the invitation of my Government, and thereby recalls in timing and evident intent the Spanish announcement of the 5th of October, 1966, about the closure of · ~ibraltar's land frontier to vehicular traffic. The Spanish Government again criticises the British proposal that the legal issues in dispute over Gibraltar should be submitted to the Inter~ational Court of Justice. ·But it was the Spanish Governmen-t which, in 1966, put forward a large volume of argument of a legal nature in support of its case over Gibraltar. My Government's proposal for a reference to the International Court of Justice was therefore not only in accordance with the United Nations Charter and General Assembly Resolution 171 (II) but also an appropriate response to the case put forward by the Spanish Government. /I now His Excellency U Thant, Secretary-General, United Nations, New York. ' •

I now wish to inform you that Her Majesty's Government, far from wishing to delay the fulfilment of the purposes of General Assembly Resolution 223l(XXI), have reached a decision which will assist and expedite this process. 'I he decision is to hold a referendum at Gibraltar. The na+ure of the referendum, the background against which it ·N :~ .ll take place and the arrangements contemplated for i~ are all set out in the enclosed statement. In reaching this decision my Government have had special regard to Article 73 of the United Nations Charter which expresses the principle that the interests of the inhabitants of a non-self-governing territory are paramount. Also they are acting in full accordance with the purposes of General Assembly Resolution 2231 (XXI) which, as you will recall, called on the two parties to continue their negotiations, "taking into account the interests of the v~ople of the terri tory" and asked Her Majesty's Government to "expedite the process of ~ecolonisation". The position as regards consultation with Spain is explained in paragraph 3 of the statement. Although it has not yet been feasible in the circumstances there described to hold talks on the decolonisation of Gibraltar with the Spanish Government, my Government are currently informing the Spanish Government of their decision to hold a referendum and invitin~ them to make any suggestions which they may think fit on the formulation of Alternative A in the referendum, and to explain more fully to the Gibraltarians the Spanish proposals for the incorporation of Gibraltar into Spain. In your letter of the 15th of May you were kind enough to state your readiness to extend appropriate assistance in_the ~mplementation of General Assembly Resolution 22.)1 (XXI). My Government would much welcome the presence of any observer whom you might wish to send to Gibraltar for the referendum. I should/ •.

I should be grateful if you would circulate this letter and the enclosed statement as a working document. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consider­ ation.

(Caradon) ••

Statement by the United Kingdom Government Gibraltar

On 20 December, 1966, the General Assembly of the United Natioz:ts adopted a Resolution, No. 2231 (XXI), calling upon Britain and Spain to continue their negoti­ ations about Gibraltar, taking into accoun~ the interests of the people of Gibraltar and asking Britain, in. consultation with Spain, to expedite the decolonisation of Gibraltar. Both Spain and Britain voted for this Resolution. In explaining why Britain bad voted for it, the United Kingdom Permanent Representative at the l

United Nations said that Britain could never agree th~t decolonisation would mean the incorporation of Gibraltar into Spain against the wishes of the people, and also that nothing could prejudge the question of the type of decolonisation which would best fit the circumstances of Gibraltar. 2. Her Majesty's Government have been considering their policy towards Gibraltar in the light of the Resolution. In doing so they have had regard to the relevant provisions of the Charter of the United Nations, in particular Article 73 which expressed the principle that the interests of the inhabitants of a non-self-governing... territory are paramount. They have also had regard to their obligations under the Treaty of Utrecht. 3. As is known, Her Majesty's Government duly arranged to hold talks with the Spanish Government in pursuance of the United Nations nesolution. The firs t me eting between delegations of the two countries •ll) as to have taken place in Londo~ in April. Her Maj esty's Government greatly /deplore deplore the action of the Spanish Government in announcing, on the eve of the talks: a Prohibited Area to flying in the vicinity of Gibraltar. This new restriction was plainly aimed against the . Such action was in clear conflict with the terms of the General Assembly's Resolution, which regretted the occurrence of acts which had prejudiced the progress of the previous Anglo-Spanish negotiations. The talks were postponed in order to enable Her Majesty's Government to consider the new situation. Her Majesty's Government raised the matter in the Interna tional Civil Avia tion Organisation ancl have also attempted to resolve the problem in bilateral talks with the Spanish Government. But these talks ended in failure on 8 June, and Her Majesty's Government have therefore taken steps to bring the matter before th~ Council of ICAO once more, this time as a dispute under Article 84 of the Chicago Convention. 4. But Her Majesty's Government have not been deterred by the difficulties which Spain has made over the holding of talks from pursuing the objectives of the United Nations Resolution. 5. Her Majesty's Government firmly believe that decolonis­ ation cannot consist in the transfer of one population, however sma ll, to the rule of another country, without reg~rd to their own opinions and interests . Her Majesty's Government therefore think that the next step in pursuance of the United Nations Resolution should be to give the people of Gibraltar an opportunity to express t heir views, by a f ormal and delibe r a te act on what would best serve their interests. 6/ ... ••

6. Her Majesty's Government have accordingly decided that a referendum should be held in Gibraltar in which the people of Gibraltar should be invited to say which of the following alternative courses 'Nould best serve their interests: (a) to pass un<'ler Spanish sovereignty in accordance with the terms proposed by the Spanish Government to Her Majesty's Government on 18 May, 1966; or (b) voluntarily to retain their link with Britain, with democratic local insti tuti:ms and 'Vi th Britain r etaining its present respons ibilities. 7. If the majority of th·e people of Gibralta r vote in favour of the fir st alternative, Her Majesty's Government will be ready to enter into negotiations with the Spanish Government accordingly.

8. If the majority of ~he people of Gibraltar vote in favour of the second alternative, Her Majesty's Government will r egard this choice as constituting, in the circumstances of Gibraltar, a free and volunta ry relationship of the people of dibraltar with Britain. Her Ma jesty's Government will thereafter discuss with the representative s of the people of Gibral tar ahy appropria te con_sti t utional changes which may be desired. g. If the majority vote for the second alternative, provision would also be made for the people of Gibraltar to r et a in the right at any future time to express by a free and democratic choice the desire to modify their status ~Y joining with Spain, in which event Her Majesty's Govf!rnment would be r eady to appr oach the Spanish Government a ccordingly. 10. Her Ma j esty' s Government a ttach gr eat i mpor t ance to the r ef erendum being held impartially. They wish the people of Gibralta r to be able to think calmly where thei r interests lie and to ex ~ res s thei r choice free from pressures of any ,kind. They would greatly welcome " the presence of any observer whom the Secretary-General of the United Na~ions might wish to nominate for the referendum. They are ready to welcome an observer from Spain too and to give the Spanish Government facilities to explain their own proposals to the people of Gibraltar if they so wish. Her Majesty's Government also have in mind to invite observers from one or two other Common- wealth countries. 11. It is Her Majesty's Government's intention to hold this referendum in the course of this year and as soon as suitable arrangements have been mad e for the registration of persons entitled to vote. The se arrangements will necessarily take some time and Her Majesty's Government's present expectation is that the re£erendum will be held ea rly in September. UNITED NATIONS P:-o:-ess Services Office o:~ Public Infc:.·mation Ihit~d Nat:.cns, N.Y. (FOR USE OF INJ:.'Or;.NNr:i..ON MEJ:,IA -- NO"!' AN OFFICIAL RECORD)

NV/35 3 July 1967

The text of the folio"t-.'i.ng com.'ll'.mication to the Se~retary-Generel., wilich has been circulatec. to ~~ember Gov.;;rnments as a ncr~~;·l:·a~, is reprc~.i..\Ced below for the info~ation of correspondents:

PEPJ.f:.NENT MISSION OF SPAIN TO TfiE tnn·rED N.A'l'IOI-;S New York) 19 June 1967

S:!.r, Further to my letter of 5 June, I have pleasure in enclosing a p."l-Jotocopy o~ a Note Verbale delivered by the Ministry of Foreign Affairs to ~~e United

Kingdom EJ:ribassy at Madrid, \o.'i th the request t.~at the Note, together with this letter, should be circulated as a working document. I take th:!.s opportunity to info1·m you that on 5 June dis cur; dens bet"re·3n

Spain B.£4d the United Kingdom opened in Madrid, at th13 r~quest o!' the Unitr;d Kingdom, to consider the possible effect on the operation of Gibralter airport of the establishment of the prohibited area of Algeciras by the Spanish

Government on 12 April, which I re~orted to you on 17 April. At these discussions, which ended on 8 June, t..lte United Kingdcm requested the assistance of Spain in ensuri~g the normal operation of the airport of Gibraltar, giving as a pretext for its request a desire to protect civil avia:tion. Yet on 5 June two United Kingdom fighter aircraft stationed in Gibraltar violated Spanish air space adjacent to the Roclt by flying over the prohibited area. The Spanish Government expressed its agreement to the establis!lment of' a practical system to permit- the no:.."lnal operation of the airport of Gibraltar, provided that it was purely civilian in nature. (more) - 2- NV/85 ; July 1967

The United Kingdom, de"t~:::·mir;.ed r.ct to sacrifice its t'!ilitary requirements - 'Which, in the final analysis, are what it is defending in Gibraltar and what keeps it there - refused even to concider the Sp3.llish p:rop,~sal, ar~ouncing that it would refer the matter agaiu to the Council of ICAO, undc:.."' article 84 of the Chiccgo Conve4tion. Accept, Sir, the assu:"'ances of my highest consideration.

( 85.12:-:;d) Manuel AZf'LI\R Ambassador,--· Perm~~nt Representative of Spain to the United Nations

MINISTRY OF FQREIGrl AFFAIRS

NOTE VERBALE

The Ministry of Foreign Affairs presents its compliments to Her Britar~~c Majes-ty's Elnbassy at Madrid and has the honour to enclose photographs and diagrema of three violations of the prohibited area of Algeciras committed by United Kingdom military aircraft. 'I'he first violation, which took place on 2 June, was committed by a

"Britannia" ai:i.,craft. The second, which occurred on 5 June, was comm:i.ttcd ~y two "Eu.nter" aircrafts. The third was committed by a "Canbe:;:ora:r aircraft on 6 June. The Spanish Government lodges the most vigorous protest against these violations, which are being reported to the Secretary-General of the United Nations. These three new incidents bring to five the number of v!olations by United Kingdom military aircraft which Spain has had to complain of since the prohibited area of Algeciras was establi3hed. The Spanish Government, vrhich has already informed Her Britannic Majesty and the Secretary-General of the United Nations that it will see that the prohibited area of Algeciras is respected, will :l.n due course take appropriate practical steps to this end, believing that its caut5.ous and moderate attitude towards the military viola~ions of its air space has now been sufficiently demonstrated. - 3- l\TV/85 3 July 1967

In reiterating its p~ctest against any violation tl~t may be committed, the Spanish Goverrnnent dra1vs attentio:1 to the military a.ctivi ty being under­ taken by the Gibraltar air ~ase at the expense of Spain. The Mintstry of Foreign Af:t'eirs takes this opportunity to renew to Her Britannic Majesty's Embassy the assurances of its highest consideration.

Madrid, 14 June 1967 Her Britannic Majesty's Embassy at t.fad.rid

* *** * • " TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

13 JUL 1961 DATE UNITED NATIONS • NATIONS UNIES

~ NEW YORK

TR 300 GIBR

• United Kingdom to the United ~tiona.

11 July 1967 ' , UNITED KINGDOM MISSION TO THE UNITED NATIONS 84S THIRD AVENUE NEW YORK. . N . Y. No. 110 7 July, 1967. (15151/660/67)

Your Excellency, The Permanent Representative of Spain wrote to you abQUt Gibraltar on the 19th of May, the 5th of June, the 19th of June and the 22nd of June, 1967. With the first of these letters was enclosed a memorandum about the ICAO Council's discussion of the Spanish prohibited area on the lOth, 11th and 13th May. With his letters Sr. Aznar also conveyed copies of certain notes from the Spanish Government to Her Majesty's Embassy in Madrid (Nos. 115, 131, 142 and 146). I now have the honour to enclose a memorandum giving a balanced account of the ICAO Council's proceedings from the lOth to the 13th of May and of the bilateral t~lks about the prohibited area bet'Neen Britain and Spain which took place in Madrid from the 5th to the 8th of June. I also enclose a copy of Her Majesty's Government's note No.l46 of the 18th of May which replied to the Spanish note No. 115 and explained the reasons (which I had communicated to you orally on the 28th of April) for the postponement of the talks which had been due to start on the 18th of April. The Spanish notes Nos. 131, 142 and 146 contained allegations ab ~ ut flights by British military aircraft. I am authorised to say that the British authorities have investigated these allegations and that my Government is satisfied that on none of the occasions cited was there any infringement of Spanish rights. When formal replies are made to the Spanish allegations, copies will be communicated to you. I take this opportunity to express my Government's regret that in his letter to you of the 5th of June, the Permanent Representative of Spain should have referred to past allegations of infringements of Spanish rights by British military aircraft at Gibraltar. In making His Exeellency U Thant, /this Secretary-General, United Nations. this reference Sr. Aznar ignored the fact that Her Majesty's Government had already informed the Spanish Government that on only one occasion out of the thirty­ three instances cited by the Spanish Government was there any infringement of Spanish rights arising out of the use of Gibraltar airport by British military aircraft. My Government wish also to comment on the statement in Sr. Aznar's letter that "the situation is fraught with the danger of serious incidents". British aircraft, both civil and military, continue peacefully to make use of Gibraltar airport as they dia uninterruptedly without complaint from Spain for over twenty-five years. If there is any danger of incidents, therefore, it is due to the Spanish campaign against Gibraltar. The Spanish Government cannot in advance disclaim responsibility for incidents which, if they occur, will result solely from Spanish efforts to deny to Britain her Jegal rights at Gibraltar. Sr. Aznar's letter of the 19th of June gives a mis­ leading account of the Spanish attitude during -the bilateral talks in Madrid about the prohibited area from the 5th to the 8th of June. As you will see from the first annex to this letter, Spain did not agree to establish a system to permit normal airport operations provided that it ·Nas purely civilian in nature. Rather the Spanish Delegation refused to go on talking about the aeronautical matters which the British Delegation had gone to Madrid to discuss unless Britain first made far-reaching concessions in the political field. The first of these conditions was that Britain should agree to acknowledge Spanish sovereignty over the territory on which the airport is situated. The imposition of such an extreme (and, as the Spanish Government well knew, unacceptable) precondition for even continuing the dis­ cussions brought the talks to a premature and regrettable end. Since the Permanent Representative of Spain asked you to circ~late his letters and their annexes to all Delegations to the United Nations, I should be grateful if you would also circulate this Jetter and its enclosures. /I avail I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consider­ ation.

(Caradon) ANNEX I

Spanish Prohibited Area­ Discussions in the ICAO Council and in Madrid

Her Majesty's Government asked for this matter to be considered by the ICAO Council in accordance with Article 54 (n) of the Chicago Convention. This provides that the Council shall "consider any matter relating to the Convention which any contracting State refers to it". The Council so considered the matter on 10, ll and 13 May, but was unable to reach agree­ ment on any proposals relating to it. At the close of the meeting the President confirmed that the Council had not reached any decision, not even a decision that this was a matter on which it should take no decision. 2. The position is tr.erefore that Her Majesty's Government continues to contest the validity of the prohibited area in so far as it interferes ·Nith normal access to Gibraltar Airport and that no decision has yet been taken by the ICAO Council as to whether this view is correct. 3. On 17 May Her Majesty's Government proposed to the Spanish Government that bilateral talks should be held about the prohibited area. These talks began in Madrid on 5 June. The British Delegation to the talks was mainly composed of technical aviation experts well equipped to discuss the effects of the prohibited area on civil flying at Gibraltar. The British Delegation explained these difficulties in detail and the Spanish Delegation did not deny that they existed. But on 7 June the Spanish Delegati0n stated that they were only prepared to continue the talks if Britain first made two far-reaching political concessions which the Spanish Government well knew would be unacceptable to the British Government. 4. These conditions were, first, that the British Government should agree not to question, and therefore to recognise, Spanish sovereignty over the land on which the airport stands and, secondly, that Britain /should 0 sh~uld cease to use the airfield for military purposes. The British Delegation pointed out that if the Spanish Government wished to question Britain's legal rights in these matters they should accept Her Majesty's Government's offer to submit the legal issues in dispute over Gibraltar, including those concerning the southern part of the isthmus, to the International Court of Justice for impartial adjudication. 5. The talks therefore ended in failure on 8 June since the Spanish Government was, in effect, not prepared to go on talking about the effect of the prohibited area on access to Gibraltar Airport unless the British Government first agreed that Gibraltar Airport was on Spanish territory. 6. Her Majesty's Government are now taking steps to raise the question of the prohibited area again in the ICAO Council, this time as an inter-governmental dispute under the procedures f~r the settlement of such disputes laid down in Article 84 of the Chicago Convention. ANNEX II ' .. Note from Her MaJesty's Embassy at Madrid to the Spanish Ministry of Forelgn Affairs, dated 18 May, 1967

No. 146 Her Majesty's Embassy presents etc., and has the honour to address the Ministry in connection with Note No. 140 which the Ambassador ~livered to the Ministry yesterday and the Ministry's Note No.ll5 which was given to the Ambassador on the same occasion. lhe Ministry's Note suggests general talks about the decolonization of Gibraltar in accordance with the United Nations Genere,l Assembly Resolution 2231 (XXI). As the Spanish Government kno very we ll such talks wera to have been held last month at the suggestion of Her Majesty's Government. Place and date had been fixed when the Spanish Government brought about the postponement of the talks by announcing the prohibited area for flying in the vicinity of Algeciras and Gibraltar clearly as an action of duress. This unilatera l a ction was exactly the sort of think which the United Nations had already deplored as likely to prejudice the progress of negotiations. Juet as the Spanish Government caused the postponement by announcing their prohibited area, so they can put an end to the postponement by withdrawing the prohibited area so f~r a s it affects Gibraltar airfield. By restoring the situation to what it was when the talks were arranged the Spanish Government can ensure the immediate holding of the postponed talks. Me anwhile there is clea rly a dispute between Her Majesty's Government and the Spanish Government over the prohibited area. Under the Chicago Conve~tion on Civil Aviation Her Majesty's C.overr..ment have certain rights open to them in this situation, and they intend to exercise these r ights. The first step under the procedures laid down tn the Chicago Convention is to see whether a dispute can be s e ttl ed by negotiation. The i rr~edi ~ te questions are therefore these. Will the Spanish Government withdraw their prohibited area, so far as it affects Gibra ltar airfield? If not, are they prepared to sit down and discuss it? I f the ansl'ler to these two que stions is no, Her Majesty's Government will go on to raise the matter as a dispute in the

/ICAO ICAO Council and take all C8nsequential steps provided for in the Convention. As they said in their note of yesterday, Her Majesty's Government wish to have a reply by 23 May to the question they have asked. •,. TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

DATE !~9 JlJL 1867 UNITED NATIONS - NATIONS UNIES

N E W YOR K

IC A.LC AODIIIIC•til • UNAT fO N• N twY O R K • 40~ t:aal: TZ:LII:Q"A,.HIQUI:

TR 300 GIBR

13 July 1967 is transmitted to the Perman of the

States Members of the United Nations quest of the

Permanent Representative of Spain to u_,_uited Nations. CJ 17 July 1967 • • ' Translated from Snanish •

PERMANENT MISSION OF SPAIN 'ro THE UNITED NATIONS

New York, 13 July 1967 No. 128

Sir, Further to roy note No. ll9 of 22 June, I ,have the honour to transmit to you a photocopy of note verbale No. 171, which the Spanish Ministry of Foreign Affairs delivered to Her Britannic MaJesty's Embassy at Madrid, vigorously protesting a fresh violation committed on 28 June of this year by a United Kingdom military aircraft in flying over the prohibited area of Algeciras. The diagram depicting the violation is annexed to the above­ mentioned note. I should be grateful if you would have this note together with its, annexes circulated to all delegations as a working document, I take this opportu,nity to renew to you the assurances of roy highest consideration.

(Signed) Manuel AZNAR Ambassador, Permanent Representative of Spain to the Ubited Nations

H.E. U Thant Secretary-General of the United Nations New York ' •

MINISTRY OF FOREIGN AFFAIRS

No. 171

:OOTE VERBALE

The Ministry of Foreign Affairs presents its compliments to Her Bri.tannic Majesty's Embassy and, in connexion with the Ministry's note No. 142 dated 14 June 1967, has the honour to inform it that on 28 June a Uhited Kingdom military aircraft violated the prohibited area of A~ciras, as is demonstrated by the annexed photograph and di~ram. The Ministry of Foreign Affairs, transmitting to Her Britannic Majesty's Embassy the most vigorous protest of the Spanish Government, informs the Embassy that this fresh violati.on is being reported to the Secretary-General of the United Nations. The Ministry of Foreign Affairs takes this opportunity to renew to Her Britannic Majesty's Embassy the assurances of its highest consideration.

Madrid, l2 July 1967

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Ol!.o$-fi2V$.CIOH£~: 'fll'OI AnGOSY. UNITED NATIONS Press Services Office of Public Information l:nited Nations, N.Y.

(FOR USE OF HlFOr::;:fi.T!ON MEDIA NOT AN OFFICIAL RECORD)

N"v~/89 19 t.Tuly 1967

The text of the folloWing comnruu,ication to t~e Secretai~r~General, U Thant, which has been circulated to Member Governments as a ~_y:rt.aJ:!, is reproduced below for the information of correspondents:

Translated f!'om Sreuish

~1:U.mNENI' MISSION OF SPAIN TO THE UNITED NATIONS Ne~1 York, 13 July 1967 Sir, Further to nw note No. ll9 of 22 June, I have the honour to transmit to you a photocopy of note verbale No. 171, which the Spanish Ministry of Foreign Affairs delivered to Her Britannic Majesty's Embassy at Madrid, vigorously protesting a fresh violation committed on 28 June of this year by a. United Kin3dom military aircraft in flying over the prohibited area of Algeciras. The diagram depicting the violation is anne~~ed to the abcve-mentioned note.

I should be grateful if you would have this note together ~ith its annexes circulated to all delegations as a working document.

I take this opportunity to rene~r to you the assurances of rrry highest consideration.

(Signed) Manuel AZNAR Ambassador, Permanent Representative of Spain to the United Nations

(more) - 2 - NV/89 19 July 1967

MINISTRY OF FOREIGN .AFFA~!J3

No. 171

NOTE VERBALE The Ministry of Foreign Affairs presents its compliments to

Her Britannic V!ajesty' s Embassy and, in connexion vri th the N~:1:tstrJ' s note No. 142 dated 14 June 1967, has the honour to inform H that on 28 June a United Kingdom cilitary aircraft violated the prohibited area of .Algeciras, as is demonstrated by the annexed photograph and diagram. * The Ministry of Foreign .Affairs, transmitting to Her Britannic

Majesty's Embassy the most vigorous protest of the Spanish Gov~rnment, informs the Embassy that this fresh violation is being reported to the Secretary-General of the United Nations. T"ne Ministry of Foreign .Affairs takes this opportunity to renew to Her Britannic Majesty's Embassy the assurances of its highest con­ sideration.

Madrid, 12 July 1967

Her Britannic Majesty's Embassy at Madrid

* i:·H *

* Not reproduced in this release. •.. ~Iff~\ UNITED NATIONS gg NATIONS UNIES ~ NEW YORK

C~8L'I: ADORI:.88 • UNATIONB NEWYORK • .AOREBBE. TEL'I:GA.A~HIQUE

Tre enclosed translati.on of a communication dated

17 August 1967 is transmitted to the Permanent Missions of the

States Members of the United Nations at the request of the

Permanent Representative of Spain to the United Nations.

24 August 1967 ,. ' ,.. " ~ Translated from Spanish

PERMANENT MISSION OF SPAIN TO THE UNITED NATIONS New York, N.Y.

l 7 August 1967 No~· 145

Sir, As a supplement to our note No. 121 of 5 July on the question of Gibraltar, I have the honour to transmit to you herewith the memorandum dated 14 August 1967 sent to Her Britannic Majesty's Embassy at Madrid

in reply to the aide-m~moire addressed to the.

(Signed) Jaime de Pini~s Deputy Permanent Representative Charg~ d'affaires a.i.

Secretary-General of the United Nations, New York, N.Y. •.. •

-2-

MEMJRANDUM

l. Having studied the aide-memoire of Her Britannic Majesty's Government of 31 July 1967 setting forth the views of the United Kingdom on the Gibraltar referendum and on its sco:pe, the Spanish Government is more than ever of the opinion that the questions included in the referendum violate General Assembly resolution 2231 (XXI), the United Nations Charte1 and article X of the Treaty of Utrecht. 2. The facts are as follows: (a) Her Britannic Majesty's Government, after unilaterally breaking off negotiations with regard to Gibraltar, has violated operative paragraph 2 of resolution 2231 (XXI) by deciding to hold the said referendum without previously consulting the Spanish Government. (b) The reference to Article 73 of the United Nations Charter is not pertinent. Article 73 certainly states that the interests of a people subjected to colonial domination are paramount, but what has been colonized in the case of Gibraltar - as may be seen from the last paragraph of resolution 2231 (XXI) - is not a Gibraltarian population composed of British subjects, but Spain and Spaniards. The interests of the inhabitants of Gibraltar cannot lie in maintaining a disruption of the national unity and territorial integrity of Spain. (c) The Spanish Government cannot take seriously the United Kingdom's assertion that a ruling by the International Court of Justice is necessary before Gibraltar can be regarded as part of Spa in. The Treaty of Utrecht, article X of which the United Kingdom still invokes as giving it title to Gibraltar, was signed between Spain and England. Maintenance in force of this colonial Treaty jeopardizes the national unity and territorial integrity of Spain, and repre sents a colonia l situa tion on Spanish soil. It was precisely in order to do away wit h such situat ions, past or f ut ure, t hat paragr aph 6 was incl uded in resolution 1514 (XV); and as the Committee of Twenty-Four agreed on 16 October 1964, that paragraph must be applied to Gibraltar. i ••

-3-

(d) If the referendum as phrased does not presuppose for a moment the transfer of British sovereignty over Gibraltar to the British inhabitants of the Rock - as Her Majesty's Government now maintains - it is impossible to understand why those inhabitants should be asked to choose between Spanish and British sovereignty in replying to the questions put before them. (e) The Spanish Government reminds the Government of Her Britannic Majesty that the reason why the 5,000 Spanish workers - in earlier times 14,000 - and their families do not live on the Rock is that they have been prohibited from doing so by the British authorities under a discriminatory policy which dates far back and which is reflected in the Immigrants and Aliens Ordinance of 1885. These workers are prevented from voting in the referendum by that prohibition, and not by resolutions 2070 (XX) and 2231 (XXI). 3. In its memorandum of 3 July 1967, the Spanish- Government stated that Spain and the United Kingdom should negotiate a procedure that would enable them to establish what are the interests that the inhabitants of Gibraltar wish to see protected at the conclusion of the process of decolonization called for by the United Nations. Those interests have nothing to do with the purely British interest in maintaining sovereignty over a military base on Spanish soil, which lies behind the questions the Gibraltarians are to be asked to vote on. Accordingly, the Spanish Government, while confirming the statements in its memorandum of 3 July 1967, takes this opportunity once again to invite Her Britannic Majesty's Government to agree on a formula which would replace the proposed referendum and enable the two countries to ascertain what are the interests of the Gibraltarians themselves, with a view to embodying safeguards of those interests in a Spanish-United Kingdom agreement, to be registered with the United Nations. Such an agreement would make it possible to preserve the social, cultural, religious and economic identity of the civilian inhabitants of the Rock, protecting it from the negative features of decolonization.

Madrid, 14 August 1967 c ,. ·.r . Le · eux ./ ,..I

I

j 0 The United Nations Association shares the surprise, concern and dismay expre~sed by Lord Caradon at the vote on Gibraltar in the Fourth Committee of the United Nations General Assembly. Article 73 of the UN Charter recognises 'the principle that the interests of the inhabitants' of non­ self-governing territories' are paramount' and commits administering powers 'to take due account of the political aspi~ations of the peoplest. Tne United Nations As9ociati6n sent its Director Gene:ral, MroJohn A.F.Ennals, to Gibraltar to observe the

ReferendwJ held on 10 September and his repo~t was submitted to the :P~ime Minister by the Cha irman of UNA, Mr,Humphry Berkeley, and it'was also sent to U Thant who distriquted it as an official document to all delegations at the U.N As_sembly. The report expressed the view 1 that any decision taken by the United Nations which failed to respect the deolared wis hes of the people of Gibraltar would be contrary to the basic principles of the self-determination of peoples to which the Charter so rightly att~ches such great importance 1 • If tbe Rock of Gibralt ar was unintabited a case might be made out for its attachment to Spain, but the people of Gibraltar have as much right to determine their , future as the inhabitants of any other colonial territory, and when their views have been s o overwhelmingly expressed in ·a freely conducted r eferendum it would be .an affront. to Human Rights to force them to join a country which they have explicitly'

r~jected as recently as las t September. The United Nations Association hopes that the del egations that abstained in the vote in the Committee will vote against the d.raft resolution whe n it comes before the Assembly. The Association also hopes t hat Her Majesty's Government will, in co-operation with the Chief Nlinister of Gibraltar, conduct an extens ive campaign to explain the s ituation to world opinion. Sir Gibraltar's Chief Minister met the UN Parliamentary Group whe n he was in London last mo:q.th on his way to New York, and was due to meet its officers again this evening before returning home .

93 Albert Embankment, 19 December 1967 London, S.E.l. _. UN ITED NAT I ONS ASSOCIATION of Great Britain and Northern Ireland

, Honorary P r('siJc nLs RT. HON. ED \Y:\ RD HL\TH, M .U.E. , lv\.1'. H.tf. HON. J EREMY THORPE, M .P. J{T. H ON. HAKOLD WILSOr.:, O .H.E., M .l'

) <>im l'"·sidcms : lJt\,\H: K:\THLEEN COURT NEY, O .U.l. Ch:u rman of Fxccu tivc Committee: HUiV\PHRY BERKEI .LY lv\ 1\jUK-GENERAL L. 0. LYNE, C.U., D.S 0 . Hon orary Trc<~sm er: THE RT. HON. LORD LUKE, T.D., 0.1.. GENEK/\L Sll{ J{UNALO AOAM, Bt., G.C.H .. D.S.O. H on orary D ep uty Tr e<~sur er : H AROLD JOWITT CHARLES JUDO, C.ll.E. D irector ticncral: j 01-1 !'-1 L N~ ALS

93 ALBERT EJ',;lBANKMENT · LONDON· S.E 1

TELEGRAMS· FI(EENAT · LU!':DON · S.E. I. T E LI::PHUNE 0 1-735 0181

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CONFIDENTIAL

GIBRALTAR Statement b~ Sir B. Burrows at the ~} North Atlantic Council on 29 March, 1968

Introduction:

I have been instructed by my Government to make a statement about Gibraltar, following the talks at official level which were held between the Spanish and British Governments in Madrid on 18 and 20 March. 2. These talks were the eventual outcome of a proposal which H.M.G. made last September. Since the talks which ended in October, 1966 (when the Spaniards rejected our proFosals for a reference of the legal issues in dispute to the I.C.J.)we had had no direct talks with Spain except for abortive technical ones about the Spanish Prohibited Area for flying. We thought that it was high time to have direct talks again, even if the prospects of their producing any significant results were small. 3o We had proposed that the talks should be held around the end of November last. The Spaniards suggested a postponement until 1968 and thereafter argued that the talks, insofar as they related to Gi­ braltar, should be on the basis of the Resolution which the U.N. General Assembly had meanwhile passed in December of last year. This Resolution was unacceptable to H.M.G. We voted against it as did some of our allies. And we obviously could not agree that talks should be held simply on the basis of it. Our position was that each side should be free to raise at the talks whatever points it wished. 4 • . . This argument about the basis of the talks was never resolved. But we cut it short by suggesting that it would be better to continue the discussion at the talks themselves rather than in correspondence. The Spaniards did not then object to the talks beginning on 18 March, the date we proposed. 5. In preparing for the talks we were, of course, conscious of the fact that Spanish propaganda has devoted increasing attention during the last year or so to the British military base at Gibraltar, and to the important NATO facilities which are available and in use there. This aspect of their propaganda may well have been decisive in se­ curing for them the support of the Soviet Union and all the East European countries in the voting on the General Assembly Resolution last December. The Talks in Madrid. 6. The talks may have been of some use in removing mis-conceptions. But their value was severely limited by the Spanish attitude as it developed during them. At the first s e ssion they s eemed r eady to / ...

• . •I - 2 - engage in an informal and confidential exchange of views. But at the second session they reverted to the line that the talks would serve no purpose as long as the British Delegation would not accept the Spanish view that any discussion of Gibraltar should be on the basis of the United Nations Resolution. On this note they brought the talks to an end. ?. Her Majesty's Government regret that it was not possible to establish the confidence necessary for progress towards a settlement, or even for a reduction in tension and an improvement in the atmo­ sphere. 8. We made clear that gestures on the Spanish side would find a ready response, and we recalled the offers which we had previously made and which are still open. Apart from the offer to refer all the legal issues in dispute to the International Court of Justice, these include the pr~osals which we made in June, 1966. In addi­ tion to taking up a opanish proposal for frontier restrictions to be removed in conjunction with the demolition of the British frontier fence, the British proposals m~de at that time envisaged the resto­ ration of Spanish consular representation in Gibraltar; the munici­ palisation of Gibraltar's political -institutions; co-operation over the suppression of smuggling and the provision of facilities at Gi­ braltar for Spanish military aircraft and warships. 9. But it was clear that the Spaniards had no more interest now in these proposals than when they were first made. The Prospects.

10. As to the future I must say. that the prospects are not good. The Spaniards, predictably, gave a great deal of guidance to the press as soon as the talks were over (we had been ready to treat them as confidential) and have tried to place the blame for their lack of result on our refusal to continue discussion on the basis of the U.N. Resolution and our overriding interest in keeping Gibraltar as a military base. They will no doubt give the U.N. version of the talks on these lines in the near future. They showed in fact no interest in substantial discussion as distinct from the construction of a propaganda platform. 11. On 22 March, after the talks, the Spanish Minister of Informa­ tion made a statement in which he in effect said that in the face of my Governments's stand on Article 10 of the Treaty of Utrecht, the Spanish Government "had decided to apply progressively the clauses of the Treaty which guarantee Spain's defence against any possible attempt at expansion of the Gibraltar colonial situation". This suggests that the Spanish Government are planning further interfer­ ence with land comunications between Spain and Gibraltar, and a . Reuters' report, which we cannot confirm, suggests that fresh restric­ tions may be imposed on 15 April. This may amount to a virtual closing of the frontier which has already for a long time been barred to traffic by vehicles. / ... .. ,, 3 - ·

12. In this connection I should explain that my Government do not accept that the Treaty of Utrecht j).stifiesa closure of the frontier by the Spanish Government. The fact is that during the 250 years since the conclusion of the Treaty and until recently, Spain has permitted communication and the exchange of merchandise between Spanish territory and Gibraltar. In our view Spain cannot now jus­ tifiably prevent communications which have been allowed and exercised over so long a time. 13. In addition there are signs that the Spanish authorities plan measures to interfere with traditional anchorage :practices in the Bay of Gibraltar.

14. Ge~erally it seems clear that the Spanish Government will continue their tactics of pressure on the Gibraltar community through restrictions and through campaigning at the U.N. The situa­ tion seems bound to become worse before it can become better. The Spanish Prohibited Area 15. The background to this matter is given in a pamphlet entitled "Gibraltar Airport - The Facts~', a copy of which has already been sent to Delegations. As the Council knows, this is the subject of a dispute between the United Kingdon and Spain which is now pending for the Council of the I.C.A.O. and I do not propose to go into it now. The Isthmus 16. I do, however, want to make one point about the Isthmus. The Spaniards contend that the southern half of the Isthmus i.e. the area known as the "British neutral ground" and on which the airport is built, was not ceded to Britain but has been illegally occupied by us. Our views are well-known. Although the Treaty of Utrecht is silent as to the exact location of the boundary British rights have been established by the exercise of jurisdiction over the area for a very long period. Territorial Waters 17. Spain and the United Kingdom have never agreed on the delim­ itation of territorial waters in the Bay. The Spanish contention is that Gibra ltar has no territorial waters. We have no doubt that i t has and we remain willing for this and other lega l issues to be adjudicated upon by the International Court of Justice . But since this issue has also been raised by_ the Spaniards in the I.C.A.O. proceedings I do not propose to go into details of the dispute here. 18. I should, however, draw the attention of the Council to the f act that Spanish warships have recently begun to anchor in waters which we r egard as our territor i al waters . We have accor dingly protested at the action of these Spanish warships. Our position was explained in our Note to the Spanish Government on 9 December, copies of which I am circulating. I would particularly draw attention to

I ...... ,

- 4 -

paragraphs 6, 7 and 8. I should add that there has so far been no interference with shipping calling at Gibraltar. The Base and NATO facilities 19. I think I need not remind the Council that although Gibral- tar is not, of course, what is sometimes loosely called 11 a NATO base 11 its facilities are of considerable importance to the Alliance and it is the Headquarters of COMGIBMED. The Spaniards have from time to time attempted to exert pressure on other members of NATO not to use the facilities at Gibraltar. It remains of importance both to the Alliance as a whole and to my Government that these efforts should be firmly resisted. Conclusion ~) 20. It should be clear from what I have said that we expect further pressure by the Spanish Government. Our position will remain firm on the twin bases on a stand which is well founded in law and our overriding moral commitment not to hand the Gibraltarians over against their will to the.Spanish Government. We remain ready to grasp any opportunity to bring about a cooling off of the situa­ tion. But we shall preserve our rights and stand by the Gibraltarians, 21. My Government hope that in the light of the facts which I have placed before you, the members ·. of the Alliance will give us all appropriate support on the political issues at the U.N. and in their dealings with the Spanish Government.

United Kingdom Delegation to NATO.

March 29, 1968.

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1 -·_: _:-__ : ; c~J.?.. U.~.} -3B (JJ..~ t ;-:A ..~,l'eat~, .. ·-,-1l1ic('4 g t~ ar,) clnt ·~e :::~-,uin · s de!'.":;nce C). ~ - i -:.. .r .~:>-~ ~\ n;t po~~~tOl -~ -J. tteLiP.-~- s t ~~ xp r1ruJ iot1 o:C.. tf1c (J ibr~a~tar· n~ .- , _ ,., , _ • r 1 .- .·l '· u,.., 1 : - ,...... i j ,-l·~, ~..! -. 0.:• " ). J -y .("'t. C.• A. -. .,,, ~ ..... A - ·ne C' I"J c.n' 3 \., ·.. U _;_ • .- . :. 1 .:J • . ::;; • 1.. a. ., .l. •.• .. ·• • · • J. -'· '" o...t c 1;, t:; ~ t .:.> c. uc. ;., l· I ,:; .!: u. J. · . 1 ~=- 0'1-c :- !lJl·~-~:.. t are p: ~ n..n. ~ n.g 1\J_:,::. t..'-le:c- 1 r1 te .;_:~r·e ::·e nc! e: \v j_ tJ.1 la:-J.d ,...... : ·· ·n ·/ •)r-t.:"J1,.... ,-,o <--- ·a,,:::-ev· "c":' ." · .•_ ..: f .:-·nd (:1" "1- )·'al·..._,... -.-"t a-ri ,.... ··, ~···}- CJ!i ~Of ( "'' ,,_. • . L" !. . l C o. ... 1...1 o:> l " ..:. ~ 'n C . .t • •) .J 0 . .J.. l .:J.l u \. l ' . L '-' .1. p ~ Ll. a l•.t• • •.J. "-c .4. o .,,_,. . ·· •····· P h "!"''1 p·~ ... ar~..., ,, .... ···~ ··"' ,..,,., eu·"''"e""" tC\ tha·'-l f',,,..,o..,· ...._ ~-· ' ~;..~ •.: !.,.. , ./... \..•6. _; ·;.:; •., ) J.J.- \..I '"''-' ···l . . L£ai"' b 1'!_1 · ..:..., .. , >J, '- • -""..!r..\._1.,,.,.&.., r,_:: _;·: 1' :i.;..·t.:i.ons ins.j• ·~; e ir;-. p~e:.::d D!1 15 Apr il. :'Ius ma-y C\mourrt. t. .) E~ •r j ··t:u:1:. r.losir:.::; of tl1e .L·r--cn ·U.er w.hi e n han alr·ead.,y fm:- a ).{:fAg t i !llf.! b :.n ·va r·~~~.:.:c\ ~- c t rc:u·:e i c b ;J" ...,.~:r. i c l.<: s.

~ ~~ C· :~:~:. t.h5.. 8 ec.. r:...u.-~cti cn. I Bh01.1ld er.:.::Juin t:hat my G·()"'".. ,:;l~ r:oo~ r · "':.- O.o .:..... ~ t r-:·J~: c~~pt t.!-1..::.·~ th_c 'I·;... entJ' of Ut::.· ~· c ht jtlstii.'i~s Q c~ . c• l3 i."l. .':'• mtie.t"· by the S:pani a h GoverrJinen·t. o ':'.i"&e :.;_· ,~ ct 5. t~ ·~r1s. t d~:·L1g the 250 years s:i.nc c-.: the conclusior; o:::· th.c '~"~·:.:~... :.y and u.nf,il :t'ecentlyr Spain has pt;rmlttcd so::1 •'. ' )~::1:i.c s t ion end. th ~;; exeh ange of mere hand. i se be t·.-;oen Spe.n :. ~ ..

-·- c:l:J~:l tc:lll~t a.nd C·:- i~ b:"Dal :ar 0 In ou.l"' view Spain cann.:::t nCPt~ ja~1tj. .fia~ly pz-·even.t communi en t1ons which hH_ve heen r.. J.lcw - ,, lC. l~xl'; ;:-v ~ i t=:ed eve:· so long a time.

~ ~. !~ ~dditio~ ~here a~e s1 g ~a that the Spanish a~ ;.<~. ~:. - );"'::. t.:: (e E~ :p J. c~ tl. n-;. ,.:_~ a Sd~ ]... t~ 8 to j~;:1 t ei~J~er:; Yi t - ~1-A t r·3d it J.o.r:.al 8Y!.r! h'JY'3fS6 pr•a et..:~c;<':. 8 ] ..nth(-'.: P. .:}. y of Gib i.""'c:l.lte.r.

' .~~ " C.H~.'. ), .~~~"' s.l l y ~. t seeli1fi ~J.es. r· t ~·:,::!t th\:;" f:ipcmish Government N::. ".:.. \ -: c.::.1 t:~..n c.1.:: t.:.:.. .:-.i. r- tac t1 e s G:f :pr e s su.:·i.;:-; on t :l. ~ ,:.. ·n~r "l. c..r­ c ,.:-;r.i.;r,_:.m. ty t :J.~'Ot:;{~l ;r;e.stric ti.ons .3 nd th);"'ough camp·a:tg:n _ng o. \, tl:,{~ U .No 'l"'he 8 ~ ~::iJa tion ·i.1eem:=.; bou.."'l.d L; oec.Otnf1 WO. r'3~ ret.'~n.. it ~9n h~co~e better.

1~. 1hB ta~kg~ound to this ma t ter i s given in a pamphlet r. ···t\ ,·. ~Qa· .;G ' 'or", .,.~ r-•....,.,...o~t ""'1··h --, 11 • ..., • ~ • .:;!.;,. .... ·.d .. c .:,

iS.. 1. c:~. ·p . t .owever , want to mal The ::~F; n lards contend. thnt the 2outhern half' oi' the Ist. u.s 1 9 e . r. ;:1E- a:r·ea Jr... nown 3.G t he ..' 1 B:citi s h neutral g i~O;..trJ..::1; a.nd c,~: ' ltlic!::. ~:~e ai rpor~ t :·_s bi..l.l~_t , ·\vas r~ot ceded tc Brit d 1r~ but }"':..2.s ~ e·o:n illegally occup ied oy us. Ou-::- views G. :t-e well-:'-'".!l.ow:· .t:. :Lt:~ cn1 3in t he 'l'r€laty of Utrecht is silf.:t,t :d to thr: ex:1c :.. J .o ~<::tib n of ·che · ') C)·,~:.."l.dary Br•itish right..:; ::·z.1 ve '=' eer: ·estc.biie h ec. ·· ~'~' t n. ~, e x~ \'cise 0t' . jur.:!.E;diction over t 11-'": area .c (:l"' 3 vt:ry

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: ·r n f1 r)aj~rl a. r.·~ ~.:--~.e ~ ;~ · .. ! ~-> ... -r~~ - r~l:-~· : () r. . ~ -~- a ··/~ ('.t.: v r~r :. l~~ -r' . : :r ._:· l.. t". !.c.1..1 !~:'ttat:tc~r~ r_;f' t·e-f'L"'itol ·ic.l __ v.·o. r.e;. ·r, l r! ~··.11e - ~ja,·/. :r·.. e .:-3; - . . :_ · ~ ~. on.-:·. en~ - i or~ i c; t.112 t __i j b r· ;-, ~ Ln· i-. :t s n o t e •': · i t or if·· l w L t ::: ~ L> _

,;•_ ·. . n· 1·~1 ,- ,'\-.. -• .. ;. . ~-t ~<- rr,,. a nd 11/C> r .::n <> " n ·;yi , J; .., .• ""'o --· .,...... 1 .. ;_~[;. ; !U.t'!C 0 l .~~ .. PI,., 'l ... 1 ':.1 ' .J. i.J .~...... _"') .. .. I v \~•t •C. -~ J. LJ...J.. - -· - • J.~ ..;. - l.;. d ~- .I - ~::-1• .:..1. ::ther ;~,;:_;.iL L:>sue0 t :J be E.;djuciice'.:.ed upon t:.: tte • ~:.ntcrnatio1:aJ Court o:...· J;,.;, :3t. ice. But s1n~e this J~s ::o. .c <; ·:-. ... ~ &lsG been rai3ed ty the SpaniardG in the ~.C.A.Oo ~rGC ~8 .in E l to" not propnse to go into details of the rlispu~e ~e r: .

·1 f~o I shoL; h a ve accordin,;ly protczted at the actipn of t.he.::. e Spar.L· . ·:,·e.::·;::;(;ips. CT:.~ ;>0s:Lt.ior. NZls ex;;h1ir..e<1 in our Note tc t.te ?:!;. !10 inte1•ference \•Lith Ghipp.tni:; calling Ht Gitr.. .. tar. ·xr..e: p.ase and :NATO factli ties o . 4,.-. .. ~------~----~ -·

·:9. I think I need not remind the 'co;Jncil thot al L . . .l fi':.. l :'.'b:."'al to.r 1 s not; of course) whL.i t is sometimes lao ~ , . caJ.lF;d 11 a N~.:I'O·'r\ase" i~ s f'acilit.i.-~:=:. ftre· of conside r· t .L"~ :...e :~11.Qt'.\:£'ta.nc e tc?_~:.-;.llL.,D <~e o.nd 1 t rs the Headq·u;; rtel"' J .. r_; C: : $.c<.:m.E-m-:- ··1~the 0pnniord r~ have frorr. time to time at t em_p·::ec. tc· . ._,::-~:.:er-t. prcss~J. re on other member::: of NATO not to use t.;"L "'" :C";:;.,~: U. iti.es at GibrC'tltar. It remains of irnportC:l.nce bot !'. ·· .:; ·::.r~.-e .t:.lliance a3 a whole ar~d _to my Government that t~Ae~ ;~ cffo~ts shcu~d be firmly resisted.

20. It should he cle ~ r :.~·r~ ~: ::-. ~.v!1~t ·.: _h[i'/5 s_aici L..f~ t ..:..

:l\:u~the;:- _pres3ure b y the 3 p:-1 ~-~ .i sl-l G O\'c r r.::-4e il t A G -~I· _. c w .J.. ; : --; ... ' . ~e~ ai~ firm or t h e twin ·o :=~ 2 e s o : · ~" s t. 3. nd w[;. i c h i s ~" E: L :t01:;.;.1.c ·<:eCl .in l i'J.'.V ttnd o-..: r o ve :cr· i d ir.g r;to r::.. ~ . ·~ ommi t:r~cn t not ~-·· h H:cd the Gib1•a1taria ns over· a~n ir.st theii.." ·,vi l -1 :,o th6 ~ pa. r.J.s:--;. :J-<) v·e:.~.:'lme~t.. · We r ema ir:. re&l.y to gr<\SP any opportun.i ty- ·_c jring about a coo~ing off of the situation. But we st u _l _';?:.~ese:-ve our ri.gh ts u n(} S13.nd by the ·'Girraltarinns.

~~~ ~ t.!J' G \'ve ·r· r~n~r.. t r1ope that :n the light. of tr.e f .3.cts ·. .- '1~40h i h 87C plac e~ b3for e yo~, th~ mem ber s o: the Allianc e w:_ : g t v3 liS co• .ll e.pp:::-o;n·ia t-e-sq~· po rt · or. the--pGl1..- :-±cal i ·>Slt.e .> r:· ·v::;.e L.:o i·i. and in their :iealings with the 3p a nlsh ~1 ov er·nmc::n t. .

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...... " • •, . '• t!J '-4> • f4~ .. ~· j •• Gibraltar. Declaraci6n · hecha por Sir S. Burrows an!.a L.• • el Consejo de. Ia. CTAN. el dla · 29 de marzo de ··1 968

·' ...... lntrodu.cci6n. , i -~. : ' ·.recibido .· ins.trucciones de mi ' Gobierno ·p.;.ra hacer· : He .. ' • i • . • . 'i :.·· .. : . i •··.· ··declaraci6n · sobre Gibraltar tr:-as las conversaciones !' ~·~ ·~~ .: ·]' ~~-u· na I •• .. ..- · llevadas a eabo en · Madrid del 1 8 al 20 de marzo, a ni- ' I '• . ' ...... ···,-; ·!· . ;. ::-· . vel oficial: I . ; . • : • '. ' -~ : ~ 0 • • • ( 2. Estas conve~saciones fueron 'even'tualmente ·· el res.JI.!ad~ : ... i ' •• .. . . . de una propuesa que hizo el ·Gobierno de Su . Majes:ad el pa-

.. . ~ :. . . . :. ... •. · · : sadb seP.tie(Ylbre . .··. Desde ·'as .reuniones q.~e jinalizaron en . --: . .. ·· ...... · .: ..· octubre de 1 966 .(cuando . los espanol7s · rechazaron nuas:ra j . . .., ,· . .... ·-- f' -~ ) . .. ' ~ .. . ·propuesta de someter los a·spectos legales de ,Ja disputa a i . . .. . :- ...· . ·Tribunal lnternacion~l de· JustiCia), no' hemos vuelto a. ceie- ·. ..brar co,nversaciones directas con · Espana excepto un·as de

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. . Founded in I 840 One $hilling

EDITORIALS 1',.\ HI .I AI\11';:\JT .lanws Dunn. !\J.P. TilE At:TIIORIT\' Ot' THE ntt:R(.'Il l"ar

TO START with the tragedy: the charitable reasons during epidt>mks 10 problem of Gibraltar is dear enough. the Rock itself. An example, the latest What is obscure is .Britain's attitude to­ and most flagrant, was the building of wards it. But this second question the airstrip on Spanish territory. cannot be elucidated without first re­ The Spanish position is that the Barbara Ward stating the issue itself. at any r~te in its Isthmus must be evacuated as a matter essentials. of mere honesty. Furthermore. the TilE CATEr\IL\NS' IHAI\10:\JH use of the Isthmus, mostly for flying Britain versus Spain purposes, illustrates the point I made .ll181LEt: As for the Rock, in 1704 a British above: a country cannot occupy and 8t•rnard Kirchawr 496 naval force under Admiral Rooke and make use of a piece of territory so in­ a mixed European army (including a timately imbricated into the territory FROM Ol'H NOTEBOOK 4!U4 Spanish contingent) under the Prince of another country without violating of Hesse Darmstadt, took Gibraltar for the soil, water and air of the other BOOKS: the King of . Spain (the Pretender country. No plane can land or rise (~eorgt• Scott-Moncrh•ff; D. L. Archduke Charles, the future Emperor in or from the airstrip without violating Bouil' ; Desirt'l' Hirst : David Charles VI) from the King oi Spain Spanish sovereign rights. There is no (the Pretender Phillippe of Anjou) who room. Johnson : Lawrl'ncf' F. Bar­ held it then. Admiral Rooke stole it The position is therefore clear : mann, S.J. ; Df'irdrt' Felton : for Britain. Sorry: there is no other Gibraltar must be returned to Spain :\1ar)·vonnl' Hut<·ht•r : Brigid word. Let us be honest, though: such purely and simply. things, perhaps not quite as bad, but But the attitude of Britain is far from Hardwick : Paul Fostrr, O.P. 49!» nearly, did happen then. Sieges and clear. As I began to write these lines. palavers galore during two centuries I had just read in The Times (9 May) 1'ALKI~(; AT RANDOM 50!l availed nothing. The Treaty of the followin~ words by M. Marc Ull­ THE ARTS: Utrecht sealed the fate of the Rock. mann : " Bntish society nowadays is The Spanish position now is that among the most civilised in the world. Maryvonnt· Butchrr ; Wint•• although legally the Rock is British, and the British among the p«.>ople who frid1• Wilson : Adrian Brook­ politically it must return to Spain ; for have known best how to preserve· a such a purely legal concession (even sense of proportion and of considera­ holdin~ · .Jont•s and Mary overlooking the fact that it was exacted tion for others which distinguishes man <' rozi«'r 504 under duress) is no longer tenable in from robot." itself nowadays. Suppose a Sultan, in It is precisely because I fully agree LETTERS 506 1713, had extracted from another with these words that I find at first Sultan the right to receive one thousand the British official attitude on Gibraltar THE CHURCH IN THE WORLD: maids a year for his harem: legally, so baffling. The three parties vie with 1-'urthf."r Clarification on Fret'· this right would be indisputable ; each other in jingoism, so that one masons : Nf."w (;t'rman Catho- politically, no longer defensible. A hardly hears any sense even from the nation nowadays can no longer occupy best or most eminent of their m£n. lic Wt't'kly ; Ml'xican Bishop a patch of the territory of another Voices which have been condemning lssut's New Birth <.:ontrol nation in the geographical and historical as " disgraceful " this or that nation's (;uidt•: US <.:onfl'rt•ncc on conditions in which Britain occupies disregard for UNO's resolutions now Gibraltar. condemn as " disgraceful " the one Eut.·haristic Sharing 509 As for the Isthmus, not an inch of UNO resolution that does not suit HOME NEWS : it was ever ceded to Britain. The official .Britain. Newspapers ever ready eight-hundred-odd metres in length to drive away the wolves in Rhodesia, English Jt'suits in a Changing which Britain occupies were acquired South Africa, Greece, or Gennany now World ; The Church of the yard by yard in circumstances which bark with the wolves against Spain and 'Seventi«.>s ; For Peace in do not bear examination-by exploit­ pretend to believe that it is Spain that ing opportunities either when Spain will not " talk," when they are fully Nigeria 512 was not watching or was divided or aware of the fact that it is Britain who weakened by internal or external refuses to talk on the only subject there BEIRUT SUMMED UP . troubles or, in more than one case, by is-sovereignty. W,hen it is plain that Arthur Mt'Cormack, M.H.M• ... 514 entreaties to be granted space for Spain can accept nothing short of the •II .94 THE TABLET 18 MaJ 1961 return of what ls hers by nature and may not sdtle in Gibraltar ; and the and a whole generation in which be commonsense ~&nd only British by sheer true Gibraltarlans live in San Roque, has freely felt -and expressed admira­ force and the passive violence of sit­ over the border. The only British tion for the British press and TV. to ting tight in somebody else's house, official definition of the Gibraltarian is read in a ~aper normally as admirable official Britain wants the world to be­ "one who is registered as such "-in as The Ttmes statements totally de- lieve that she is doing her best by other words, a man the Governor­ . void of objectivitY., and to hear a BBC declaring herself ready t" discuss how General has accepted as such. And inquisitor, in April 1967, trying to bully to preserve this untenable situation. after a long, hard look at him, too. The a few Spanish youngsters mto acknow­ and accuses Spain of " arbitrary " Order in Council of 28 June 1900 and ledging that the plebiscite meant some­ action whenever a restrictive measure the Gibraltari

Founded in I 840 One 5hilling

EIHTOHIAL!'i

I' : \HLIAI\1E~T .Janws Hunn. l\1.1'. TilE AFI'IIORITY OF TilE CHt:R('II Cardinal .J11hn IIPt·nan .11-:W ,\:\0 AR.\B: .\ C0\1:\1E:\TT :\urman Ht•ntwich Tragicomedy of TilE IT:\LJA:\" EI.ECTIO:\TS Sal\'tulor d<• Madaria~a

TO START with the t ragrdy: the charitablE> reasons during ~pidt'mi<·s m problem of Gibraltar is dear e-nough. tht- Ro<'k itself. An e-xample, the latrst What is obscure is .Britain's attitude to­ and most flagrant, was the building of wards it. But this seC'ond question thE' airstrip on Spanish territory. cannot be elucidatrd without first re­ The Spanish position is that the stating thr issue itself. at any ratr in its Isthmus must be evacuated as a maltt>r esse-ntials. of mere honesty. Furthermore, the Tilt: ( 'A'I'E riiL\NS' IHAMONI» use of the Isthmus, mostly for flying Britain versus Spain purposes, illustrates the- point I madr .JllBILEt; As for the Rock, in 1704 a British above : a country cannot occupy and Bt•rnard Kirch1wr 496 naval force under Admiral Rooke and make use of a piece of territory so in­ a mixed European army (including a timately imbricated into the territory FROM Ol'H NOTEBOOK 4!tR Spanish <'ontingent) under the Prince of another country without violating of Hesse Darmstadt, took Gibraltar for the soil, water and air of the other BOOKS: the King of Spain (the Pretender country. No plane can land or rise <~eorgl' Scott-Monerit•ft' ; n. L. Archduke Charles, the future Emperor in or from the airstrip without violating Uouir ; Hesirt'l' Hirst ; l>avid Charles VI) from the King o: Spain Spanish sovereign rights. There is no (the Pretender Phillippe of Anjou) who room . .Johnson ; Lawrrncf' F. Bar­ held it then. Admiral Rooke stole it The position is therefore clear : mann, S.J. ; ll«'irdrf' Felton : for Britain. Sorry: there is no other Gibraltar must be returned to Spain :'\1ar)'\'Onn(' But<·ht•r : Brigid word. Let us be honest, though : such purely and simply. things, perhaps not quite as bad, but But the attitude of Britain is far from llardwiek : Paul Fostf'r, O.P. 49!J nearly, did happen then. Sieges and clear. As I began to write these- lines. palavers galore during two centuries I had just read in The Times ( 9 May) TALKI:\TG AT RANHOM 50:1 availed nothing. The ·Treaty of the followin~ words by M. Marc Ull­ 'fHE ARTS: Utrecht sealed the fate of the Rock. mann : " Brttish society nowadays is The Spanish position now is that among the most civilised in the world, Maryvonnt• Butchrr ; Wint•• although legally the Rock is British, and the British among the people who fridt• Wilson : Adrian Brook­ politically it must return to Spain ; for have known best how to pre-servt> · a holdinJ.! - .Jonf's and such a purely legal concession (even sense of proportion and of considera­ Mary overlooking the fact that it was exacted tion for others which distinguishes man ( 'roli«'r 504 under duress) is no longer tenable in from robot." itself nowadays. Suppose a Sultan, in It is precisely because I fully agree LETTERS 506 1713, had extracted from another with these words that I find at first Sultan the right to receive one thousand the British official attitude on Gibraltar THE CllliRCII JN THE WORLD: maids a year for his harem : legally, so baffling. The three parties vie with 'fo'urtht>r Clarification on Fret•· this right would be indisputable : each other in jingoism. so that one masons : Nrw Gt>rman Catho­ politically, no longer defensible. A hardly hears any sense eve-n from the nation nowadays can no longer occupy best or most eminent of their men. lic Wrrkly ; Mrxiean Bishop a ~;>atch of the territory of another Voices which have been <'Ondemning Jssurs Nt>w Birth t:ontrol . natton in the geographical and historical as '' disgraceful " this or that nation's ( ;uidt• : US Conrf'rt•nce on conditions in which Britain occupies disregard for UNO's resolutions now Gibraltar. condemn as " disgraceful " the one Eut.·haristie Sharing 509 As for the Isthmus, not an inch of UNO resolution that does not suit IIOME NEWS : it was ever ceded to Britain. The official .Britain. Newspapers ever ready eight-hundred-odd metres in length to drive away the wolves in Rhodesia. English Jt>suits in a Changing which Britain occupies were acquired South Africa, Greece, or Germany now World ; Tht> . Church or the yard by yard in circumstances which bark with the wolves against Spain and 'Senntirs ; For Peace In do not bear examination-by exploit­ pretend to believe that it is Spain that ing opportunities either when Spain will not " talk," when they are fully Nigeria ... 512 was not watching or was divided or aware of the fact that it is Britain who weakened by internal or external refuses to talk on the only subject there BEIRUT SUMMED UP . troubles or, in more than one case, by is-sovereignty. W,hen it is plain that Arthur Mt.'Cormack, M.RM. .. 514 entreaties to be granted space for Spain can accept nothing short of the

• ' .. .,. THE TABLET II May 1961 rctuni of wllat is hers by nature and may not settle in Gibraltar ; and the and a whole generation in which he commonsense and only British by sheer true Gibraltari,ns live in San Roque, has freely felt ·and expressed admira­ force and the passive violence of sit­ over the border. The only British tion for the British press and TV, to ting tight in somebody else's house, official definition of the Gibraltarian is read in a t>aper normally as admirable official Britain wants the world to be­ •· one who is registered as such "-in as The Ttmes statements totally de- lieve that she is doing her best by other words, a man the Governor­ . void of ob~ectivit):, and to hear a BBC declaring herself ready t~ discuss how General has accepted as such. And inquisitor, ID April 1967, trying to bully to preserve this untenable situation, after a long, hard look at him, too. The a few Spanish youngsters into acknow­ and accuses Spain of " arbitrary " Order in Council of 28 June 1900 and ledging that the plebiscite meant some­ action whenever a restrictive measure the Gibraltaria.n Status Ordinance thing. Was this, I thought, the England is taken, without explaining that ex­ ( 1962) clearly and definitely aim at ex­ of Gilbert Murray and Lord Cecil? perience has shown that official Britain's cluding East Indians from the possi­ reaction to any proposal for talks bility of attaining such a status. In A Rock for a Rock would be a bland ' there is nothing to the latter, the right of inscription is talk about." limited to those born before 30 June I come now to the comic side of the 1925, a date chosen because it was soon situation, and to the boldest and most after it that the first Indian boy wc.s controversial part of my article. The The Gibraltarians born in the Colony. In these circum­ people of this country do not care two Worse still, Britain expects the world stances, the plebiscite amounted to hoots whether Gibraltar remains British to believe that she sticks to Gibraltar registering the opinion of those who had or is given back to Spain. Most of them purely and solely for the sake of the already registered it by applying and heard about it for the first time when Gibraltarians. This stand raises two being accepted into the register con­ the Spanish Government became in­ questions. Is it genuine? If so, is it trolled by the Governor-General. tractable. valid? The middle class is more aware of the That the interests of the Gibraltarians problem, if perhaps not very much It is not genuine. Everybody knows must be considered and respected is that for Britain Gibraltar is a white more interested. In my experience, plain human duty. That they should middle-class people are calm and ready elephant; that the Gibraltarians were be empowered to mutilate a nation for evacuated every time Britain was at to consider an~ reasonable way out, ever is not arguable, the more so when with the exception of historians, diplo­ war, or even just expelled when it the widening of the scope of civil and suited the Governor, without plebiscite, military activities makes the foreign mats and service men, the majoritr. of self-determination or the rights of man occupation of a corner of a country a whom are probably the most sensitive or compensation or any cotton wool of Britons on the issue. permanent threat to her security and If the people of this country were whatsoever, as hafpened to consider­ a mortgage on her sovereignty over her able contingents o them in 1810 and neighbouring territories. fully told all about the Rock and the in 1813. And everybody knows that in Isthmus as it really happened and is, order to keep the Gibraltarians happy, Nor can self-determination be con­ and the actual trouble, danger and Britain had to condone, then to allow, sidered in this case, since Gibraltar is humiliation it has cost Spain, their then to foster a contraband which made not a nation but a square mile or Span­ natural good feelings would instantly the Spanish taxpayer contribute to the ish territory, and since the Gibral­ move them to a generous gesture. well-being of the Gibraltarians to the tarians are not a people but a few The politicians, on this issue, do not tune of many million pounds. For thousand Mediterraneans collected believe a word they say. I beg them years Gibraltar has been " importing " there for utilitarian reasons, with no to forgive me. I bola the House of more tobacco than West Germany, and common origin, culture, tradition, lan­ Commons as one of the most intelli­ as many American shaving blades as guage or any other of the features that gent parliaments in the world. Patriot­ the whole of Spain. And as for public define a people and a nation under any ism cannot be strong enough in its evil works, education, freedom and many reasonable standards. effects to have lowered its level to that of the other good thmgs much talked Some there are who have shifted their of sorr.e of its debates on Gibraltar, the of nowadays, I am confident that a close ground for denying Gibr~tltar to Spain latest, for instancet last week, in which and objective study of facts will show from the interests of the Gibraltarians only one man talKed sense (who. of that these are all new attitudes pro­ to the peculiar features of the present course, was practically snuffed out by voked by the conflict with Spain. The Spanish regime. There are two issues The Times). true motives behind the British atti­ here. One is whether those ten to Do not misunderstand me. I have tude as observable in Parliament and twenty thousand Gibraltarians should too much respect for all MPs and too the press is a very human and under­ or should not be handed over to a dir­ much admiration for some of th.~m to standable lingering of imperial pride. tator : the other is whether Gibraltar suggest that they are lying But they Before I co:ne back to this point, let should or should not be handed back are pretending-talking ronvt>mional m£: examine the second leg of my argu­ to Spain. As for the first, there are talk, double-talk which easily becomes ment about the population of the Rock. several answers to it. One is th41t. look double-think. Public men have to do If British concern for it were genuine. at it as you may, and granting that the so only too often. (Vietnam, Suez. W'.)Uld the official argumtwt be valid? day-to-day life in Gibraltar is liberal Moscow.) Obviously not. The Gibraltarians are enough-save for those Gibraltarians The proof oi this is at hunG. there because there is a base. No base. who would not mind going over to During that debate last week ~~~re were no Gibraltarians. Therefore, we can­ Spain-the ·population live under the almost no other listeners lh Governor­ speakers. The House was almost empty. military base because the Gibraltarians General. No sane man ran dispute this No-on._. believes in Britain that want her to. We first decide what we fact. Nothing but military rule Gibraltar can be kept from Spaan any are going to do with the Rock and then amounting almost to a permanent state longer. But MPs talk heroil's be<'ause we shall talk about the Gibraltarians. of siege can exist in a military base. they are afraid. Not of General Fram·o Assuming the plebiscite to be objec­ Sin<'e few if any Gibraltarians are but of each otht>r. tive and final and independent of cir­ political thinkers, party men or organ­ Our best asset, as Europeans, is the <·umstances, how can ten thousand isers, the chances are that, even if the esst•ntial decency of the British peoplt· votes prevail over thirty millions? present Spanish system did not become I am certain that <~ eonl'erted, honest­ The fundamental point is that Gibraltar more liberal, most Gibraltarians would to-God endeavour by the three parties is a limb of S{lain, and even ii this find little if any difference, as far as togt>ther to put the fatts of till' ~:as~ to were not so obv1ous in nature that one freedom is ~:oncerned. between the dic­ the British people would . solve the is ashamed to have to state it. it would tatorship of the Governor-Gent>ral and problem instantly. Britain would loSt! be confirmed by the fact that, if the dietatorship of the Caudillo. the Ro<"k of Gibr

EIHTOKIALS ·&85

1':\HLJ.\l\U:~T .Janws Hunn. M.P. ·1X7 TilE At:TJIORITY OF TilE nn:R(.'II C;mlinal .Juhn llt·•·nan .JEW A:\U :\R:\U: .\ nnBtE~T :\urman Bt·utwic:h Tragicomedy of (;ihraltar TilE IT:\LIA:\ EI.Et"TIO~S Sah·ador df' Madaria~a TO START with the tragt>dy : the eharitable reasons during epidt>mic·s in problem of Gibraltar is dear enough. the Rock itself. An example, the latest What is obscure is .Britain's attitude to­ and most flagrant, was the building of wards it. But this second question the airstrip on Spanish territory. cannot be f.'lucidated without first re­ The Spanish position is that the Uarbara Ward stating the issue itself. at any rate in its Isthmus must be evacuated as a matter 4!15 essentials. of mere honesty. Furthermore. the TilE CATE1'11L\NS' IHAMO~H use of the Isthmus, mostly for ftying Britain ,·ersus Spain purpdses, illustrates the point I made .ll'BIU;t; As for the Rock, in 1704 a British above: a country cannot occupy and Bc•rnard Kin:hn•·r 496 naval force under Admiral Rooke and make use of a piece of ten-itory so in­ a mixed European army (including a timately imbricated into the territory FROM Ol'U NOTEBOOK Spanish contingent) under the Prince of another country without violating of Hesse Darmstadt. took Gibraltar for the soil, water and air of the other BOOKS: the King of Spain (the Pretender country. No plane can land or rise (ieorgc Scott-Moncrh•ft' ; n. 1.. Archduke Charles. the future Emperor in or from the airstrip without violating Uouit' : Oesirt't.> Hirst : David Charles VI) from the King o: Spain Spanish sovereign rights. There is no (the Pretender Phillippe of Anjou) who room . .Johnson : Lawr('nC(' F. Bar­ held it then. Admiral Rooke stole it The position is therefore clear : mann. S.J. ; D('irdr(' Felton : for Britain. Sorry: there is no other Gibraltar must be returned to Spain '1ary,·onn(' But('ht'r : Brigid word. Let us be honest, though : such purely and simply. things, perhaps not quite as bad, · but But the attitude of Britain is far from Hardwick : Paul Fost('r, O.P. 499 nearly, did happen then. ieges and clear. As I began to write these lines. palavers galore during two centuries I had just read in The Times (9 May) TALKI~G AT RANDOM 503 availed nothing. The Treaty of the follo wi n~ words by M. Marc Ull­ THE ARTS: Utrecht sealed the fate of the Rock. mann : " Br1tish society nowadays is The Spanish position now is that among the most civilised in the world. Maryvonnt• Butch('r : WinC'­ although legally the Rock is British, and the British among the people who fridc• Wilson : Adrian Brook­ politically it must return to Spain ; for have known best how to preserve · a holdin~ · .lon('s and such a purely legal concession (even sense of proportion and of considera­ Mary overlooking the fact that it was exacted tion for others which distinguishes man <· ruzi('J' 5114 under duress) is no longer tenable in from robot." itself nowadays. Suppose a Sultan, in It is precisely because I fully agree LETTERS 506 1713, had extracted from another with these words that I find at first Sultan the right to receive one thousand the British official attitude on Gibraltar TJIE CllliRCH IN THE WORLD: maids a year for his harem : legally, so baffling. The three parties vie with Furtht'r Clarification on Frcc•• this right would be indisputable ; each other in jingoism, so that one masons : Nt'w (it'rman Catho­ politically, no longer defensible. A hardly hears any sense even from the nation nowadays can no longer occupy best or most eminent of their m(n. lic Wt't>kly : M('xican Bishop a patch of the territory of another Voices which have been condemning lssut-s Nt'w Birth Control nation in the geographical and historical as •· disgraceful " this or that nation's (;uidc·: liS Conf('rC'ncc on conditions in which Britain occupies disregard for UNO's resolutions now Gibraltar. condemn as " disgraceful " the one Eucharistic Sharing 509 As for the Isthmus, not an inch of UNO resolution that does not suit IIUME NEWS : it was ever ceded to Britain. The official .Britain. Newspapers ever ready eight-hundred-odd metres in length to drive away the wolves in Rhodesia, English Jesuits in a Changing which Britain occupies were acquired South Africa, Greece, or Germany now World : The Church of the yard by yard in circumstances which bark with the wolves against Spain and 'Seventies ; For Peace in do not bear examination-by exploit­ pretend to believe that it is Spain that ing opportunities either when Spain will not " talk," when they are fully Nigeria 512 was not watching or was divided or aware of the fact that it is Britain who weakened by internal or external refuses to talk on the only subject there BEIRUT SUMMED UP . troubles or, in more than one case, by is-sovereignty. W,hen it is plain that Arthur Mt'Cormack, M.H.M. ... 514 entreaties to be granted sp~ce ror Spain can accept nothing short of the

• ... THE TAILET II Ma, 1961 return of what Ia hers by nature and may not settle in Gibraltar ; and the and a whole eeneratton In which be commonsense psd only British by sheer true GibraltarlJDs live in San Roque, has freely felt ·and expressed admira­ force and the paulve violence of sit­ over the border. The only British tion for the British press and TV, to ting tight in somebody else's house, official definition of the Gibraltarian is read in a l>aper normally as admirable official ~ritain wants the world to be­ "one who is registered as such "-in as The Tames statements totally de- lieve that she is doing her best by other words, a man the Governor­ . void or obtectivitY., and to hear a BBC declaring herself ready t" discuss how General has accepted as such. And inquisitor, m Apr1l 1967, trying to bully to preserve this untenable situation, after a long, hard look at him, too. The a few Spanish youngsters into acknow­ and accuses Spain of " arbitrary " Order in Council of 28 June 1900 and ledging that the plebiscite meant some­ action whenever a restrictive measure the Gibraltaria.n Status Ordinance thing. Was this, l thought, the England is taken, without explaining that ex­ ( 1962) clearly and definitely aim at ex­ of Gilbert Murray and Lord Cecil? perience has shown that official Britain's cluding East Indians from the possi­ reaction to any proposal for talks bility of attaining such a status. In A Roek for a RMk would be a bland " there is nothing to the latter, the right of inscription is talk about." limited to those born before 30 June I come now to the comic side of the 1925, a date chosen because it was soon situation, and to the boldest and most after it that the first Indian boy wr.s controversial part of my article. The The Gibraltarlans born in the Colony. In these circum­ people of this country do not care two Worse still, Britain expects the world stances, the plebiscite amounted to hoots whether Gibraltar remains British to believe that she sticks to Gibraltar registering the opinion of those who had or is given back to Spain. Most of them purely and solely for the sake of the already registered it by applying and heard about it for the first time when Gibraltarians. This stand raises two being accepted into the register con­ the Spanish Government became in­ questions. Is it genuine? If so, is it trolled by the Governor-General. tractable. valid? That the interests of the Gibraltarians The middle class is more aware of the It is not genuine. Everybody knows must be considered and respected is problem, if perhaps not very much that for Britain Gibraltar is a white plain human duty. That they should more interested. In my experience, elephant ; that the Gibraltarians were be empowered to mutilate a nation for middle-class people are calm and ready evacuated every time .Britain was at ever is not arguable, the more so when to consider an~ reasonable · way out. war, or even just expelled when it the widening of the scope of civil and with the exceptiOn of historians, diplo­ suited the Governor, without plebiscite, military act1vities makes the foreign mats and service men, the majority of self-detennination or the rights of man occupation of a corner of a country a whom are probably the most sensitive or compensation or any cotton wool pennanent threat to her security and of Britons on the issue. whatsoever, as haypened to consider­ a mortgage on her sovereignty over her If the people of this country were able contingents o them In 1810 and neighbouring territories. fully told an aoout the Rock and the in 1813. And everybody knows that in Isthmus as it reaJJy happened and is, order to keep the Gibraltarians happy, Nor can self-detennination be con­ and the actual trouble, danger and Britain had to condone, then to allow, sidered in this case, since Gibraltar is humiliation it has cost Spain, their then to foster a contraband which made not a nation but a square mile or Span­ natural good feelings would instantly the Spanish taxpayer contribute to the ish territory, and since the Gibral­ move them to a generous gesture. well-being of the Gibraltarians tp the tarians are not a people but a few The politicians, on this issue, do not tune of many million pounds. For thousand Mediterraneans collected believe a word they say. I beg them years Gibraltar has been " importing " there for utilitarian reasons, with no to forgive me. I hol<1 . the House of more tobacco than West Germany, and common origin, culture, tradition, lan­ Commons as one of the most inteJJi­ as many American shaving blades as guage or any other of the features that gent parliaments in the world. Patriot­ the whole of Spain. And as for public define a people and a nation under any ism cannot be strong enough in its evil works, education, freedom and many reasona~le standards. effects to have lowered its level to that of the othe" good thmgs much talked Some there are who have shifted their of sorr.e of its debates on Gibraltar. the of nowadays, I am confident that a close ground for denying Gibr<ar to Spain latest, for instance, Jast week, in whirh and objective study of facts will show from the interests of the Gibraltarians only one man talked sense (who. of that these are all new attitudes pro­ to the peculiar features of the present course, was practically snuffed out by voked by the conflict with Spain. The Spanish regime. There are two issues The Times). true motives behind the British atti­ here. One is whether those ten to Do not misunderstand me. I have tude as observable in Parliament and twenty thousand Gibraltarians should too much respect for all MPs and too the press is a very human and under­ or should ot be handed over to a dif'· much admiration for some of th.em to standable lingering of imperial pride. tator ; the ther is whether Gibraltar suggest that they are lying But they Before I co:ne t>ack to this point, let should or should not be handed back are pretending-talking conven\ional mro examine the second leg of my ariu· to Spain. As for the first, there are talk, double-talk which easily becomes ment about the population of the Rock. several answers to it. One is that. look double-think. Public men have to do If British concern for it were genuine. at it as you may. and grantin~ that the so only too often. (Vietnam, Suez. W·Juld the official argument be valid? day-to-day life in Gibraltar 1s liberal Moscow.) Obviously not. The Gibraltarians art­ enough-save for those Gibraltarians The proof oi this is at hund. there because there is a base. No base. who wt'vld not mind going over to During that debate last week tbere were no Gibraltarians. Therefore, we can­ Spain-the population live under the almost no other Hsteners th1111 lhf' not decide that .Britain must keep the military dictatorship of the Governor­ speakers. The House was almo::;t empty. military base because the Gibraltarians General. No sane man can dispute this No-onoc> believes in Britain that want her to. We first decide what we fact. Nothing but military rule Gibraltar can be kept from Spatn any are going to do with the Rock and then amounting almost to a permanent state longer. But MPs talk heroi<:s becaust' we shall talk about the Gibraltarians. of siege can exist in a military base. they are afraid. Not of General Franc·o Assuming the plebiscite to be obje<·· Since few if any Gibraltarians are but of each other. t ive and final and independent of cir­ political thinkers, party men or organ­ Our best asset, as Europeans, is ttw l'Umstances. how can ten thousand isers, the chances are that, even if the esst•ntiai decency of the Britbh pcoplt>. votes prevail over thirty millions? present Spanish system did not become I am certain that a t·on<·erted. honest­ The fundamental point is that Gibraltar more liberal, most Gibraltarians would to-God endeavour by the three parties is a limb of S~ain, and even if this find little if any difference, as far as together to put the fat'ts of the t·ast! to were not so obv1ous in nature that one freedom is toncerned, between the dic­ tht- British people would . solve the is ashamed to have to state it, it would tatorship of the Governor-General and problem instantly. Britain would lose be confirmed by the fact that, If the di~tatorship of the Caudillo. the : but she would Gibraltar were not a limb of Spain, All the facts about Gibraltar have gain the immense world prestige of BritaiP. would have no title whatsoev~r already been put to the Government of having risen to true human statesman­ for being there, since she is there onlv this country, but hardly to the public. ship, and also the Rock of the friendship because Spain granted her that title at Indeed, it was sad for a friendly ob­ of Spain. She has not so many friends. Utrecht and later ..1t Versailles. server who has behir.d him half a cen­ and in any case, none as good as Spain Whu are the Gib,.altartans? Spaniards tury of happy famWarlty with Britain, would be. SATURDAY, MAY 25, 1968. Price: nm.EEP.ENCE. THE PAPER WITH NO POLITICAL BIAS.

Vol. CCXLll.-No. 39,501. FIBST PUBLISHED 1801.

only to engage in the business of Memorandum to Indian Bazaars and to . deal in those commodities attached to Mr Thomson from trading licences i.ssued to us more than 30 years ago. Indian Merchants Our Association feels that at this critical time in the history of Association Gibraltar in their struggle against the blockade imposed by Spain, an MEMORANDUM t9 Mr Geor- effort should be made to rectify ge Thomson from the the anomalous situation present­ Indian Merchants Association ed by the rights of Residence Or­ on behalf of The Indian Com· dinance and the Trade Restric­ tion Ordinance insofar as our munity deliv.ered on Thursday : small community is concerned, The Indian Merchants Associa­ and thus to enable us to partici­ tion of Gibraltar, conscious of the pate fully with the people of Gi­ fact that a constitutional confere­ braltar in their struggle for sur­ :tce will be held in Gibraltar in Yin!. the middle of the forthcoming In support of our plea to be re­ month of June to revi.se the exis­ cognised as full citizens of Gibral­ ting constitution of Gibraltar, re­ tar, we feel it pertinent to quote tterate the various oral represen­ from the speech made by the tations made to the several Mini­ Chief Minister to the United Na­ sters of Her Majesty's Govern­ tions Committee of 24 in the year ment on the occasion of their vi­ 1963 when he said "There are no sits to Gibraltar and also the ·distinctions of claas or race or re­ written representations made to ligion in Gibraltar. In such a ti· the Permanent Secretary of Gib­ ghtly knit community of 12,500 raltar. persons to the square mile, such Aware of the fact that the distinction would be absurd in people of Gibraltar are appealing practice as it is detestable in prin­ to Her Majesty's Government for ciple. The Englishman does a clear definition of their status. not 'Lord' it over the Gibraltarian. we are more than ever mindful of We live in mutual respect. So the very unsatisfactory position does Cathollc with Jew: Jew with of the members of our Associa­ Protestant: Protestant with ca­ tion. tholic: Catholic with Hindu: Hin­ Most of our members have been du with non-conformist or .the established in Gibraltar for a con­ Agnostic". siderable number of years and Our p1embers are the only Hin­ have become part of its communi­ dus forming part ..of the tightly ty and way of life, contributing knit community referred to by substantially to its economy by the Chief Minister and we cannot way of taxation and Estate Duties. but help feel that a distinction is A substantial number of o.ur made by Ute Government between members have been registered as us and other sectors of the com­ British Subjects, Citizens of the munity. United Kingdom & Colonies by Our Association feels that the virtue of their residence in Gib- time has come for Her :Majesty's raltar. · · Government to take urgent and In spite of the above neverthe­ effective steps to grant to the less, efforts on the part of our members of our small community members to obtain Gibraltarian the same rights and privileges status, have met with no success which the people of Gibraltar are and we are only permitted to re­ demanding for themselves and to side in Gibraltar by virtue of which they are justly entitled. temporary permits of residence . .,. . which are renewed from time to T his press conference yester· time. A day Mr Thomson said tbat he In our trading activities too. was not able to comment on the our members are fettered by the memorandum at present, but he provisions of the Trade Restric­ was studying it very carefully. tions Ordinance being permitted Sabado, 25 de Mayo de 1968

G I B R A L T A R C H R 0 N I C L E

MEMORANDO DE LA ASOCIACION DE CO~lERCIANTES INDIOS AL SENOR THOMSON.

Memorando de la Asociaci6n de Comerciantes Indios en representaci6n de la Comunidad India al Sr. George Thomson, entregado el jueves.

hLa Asociaci6n de Comerciantes Indios de Gibraltar, consciente del hecho de que se va a celebrar en Gibraltar a mediados del pr6ximo mes de junio una conferencia constitucio­ nal para revisar la constituci6n existente de Gibraltar, rei­ tera las diversas manifestaciones orales hechas a varios Mi­ nistros del Gobierno de Su Majestad con ocasi6n de susvisitas a Gibraltar asi como las manifestaciones escritas hechas al Secretario Permanente de Gibraltar.

Conocedores del hecho de que el pueblo de Gibraltar pide al Gobierno de Su Majestad una definici6n clara de su "status", estamos mAs que nunca preo.cupados por la posici6n muy insatisfactoria de los miembros de nuestra Asociaci6n.

La mayoria de nuestros miembros estAn establecidos en Gibraltar desde hace un numero considerable de anos y se han convertido en parte de su comunidad y modo de vida, con­ tribuyendo substancialmente a su economia por medio de impues­ tos y derechos reales.

Un ndmero substancial de nuestros miembros estAn registrados como subditos britAnicos, ciudadanos del Reino Unido y Colonias en virtud de su residencia en Gibraltar.

Sin embargo y a pesar de lo anterior, los esfuer­ zos por parte de nuestros miembros para obtener el ustatus" gibraltareno, no han tenido exito, y solamente se nos permite residir en Gibraltar en virtud de permisos temporales de

• • • I • • •

• .• 2.

residencia que son renovados de vez en cuando.

En nuestras actividades comerciales ademAs, nues­ tros miembros son obstaculizados por las disposiciones de la Ordenanza de Restricciones Comerciales, permitiendonos unica­ mente el ejercicio del negocio de los Bazares Indios, y el comercio de aquellas mercancias incluidas en las licencias comerciales que se nos dieron hace mAs de 30 anos.

En este periodo critico de la historia de Gibral­ tar en su lucha contra el bloqueo impuesto por Espana, nues­ tra Asociaci6n cree que deberia hacerse un esfuerzo para rectificar la situaci6n an6mala causada por los derechos de la Ordenanza de Residencia y por la Ordenanza de Restriccio­ nes Comerciales en lo que afecten a nuestra pequena comuni­ dad, y asi darnos la posibilidad de participar plenamente con el pueblo de Gibraltar en su lucha por la supervivencia.

En apoyo de nuestra petici6n de ser reconocidos como plenos ciudadanos de Gibraltar, creemos pertinente citar

el discurso del Ministro Principal al Comit~ de los Veinti­ cuatro de las Naciones Unidas en el ano 1963 en el que dijo: »En Gibraltar no hay distinciones de clase, raza o religi6n. En una comunidad tan intimamente unida entre si de 12.500 personas por milla cuadradai tales distinciones serian tan absurdas en la prActica como son detestables en principio.

El ingl~s no tiene ~na posici6n dominante sobre el gibralta­ reno. Vivimos en el respeto mutuo. Lo mismo sucede entre cat6licos y judios; judios con protestantes; protestantes con cat6licos; cat6licos con hindues; hindues con no-confor­

mist~s o agn6sticos».

Nuestros miembros son los unicos hindues que for­ man parte de esa comunidad intimamente ligada entre si a la que se refiri6 el Ministro Principal y no podemos evitar sentir que el Gobierno hace una distinci6n entre nosotros y otros sectores de la comunidad.

Nuestra Asociaci6n cree que ha llegado el momento de que el Gobierno de Su Majestad tome medidas urgentes y efectivas para otorgar a los miembros de nuestra pequena

• t n idad los mismon derechos y privileaios que el pueblo d G;.bralt r pide para si misao y a los que tienen justamen­ te d erech •

, ,

En su c nferencia de prensa de ayer el Senor Thomson dijo que no p odia por el momento hacer ningun comen­ t rio s o bre el Me orando, pero que lo estaba estudiando muy c uidados ·1e n te.

, , , ROliTING SLIP FICHE DE TRANSMISSION TOs • .. Aa Mrs. Mira FOR ACTION POUR SUITE A DONNER FOR APPROVAL POUR APPROBATION FOR SIGNATURE POUR SIGNATURE PREPARE DRAFT PROJET A REDIGER FOR COMMENTS POUR OBSERVATIONS MAY WE CONFER? POURRIONS-NOUS EN PARLER? YOUR ATTENTION VOTRE ATTENTION AS DISCUSSED COMME CONVENU AS REQUESTED SUITE A VOTRE DEMANDE NOTE AND FILE NOTER ET CLASSER NOTE AND RETURN NOTER ET RETOURNER FOR INFORMATION POUR INFORMATION

Date: 19.5.69 FROM: J. Rolz-Bennett DE:

CR.13 (11..64) - J'RB/br cc • . Dj~

• - JRB/eh cc: r. aras 1llhan Mrs. Mi ra

l ·,

69-15187 lc

Translated from Soanish

JRB/eh cc: Mr. Narasimhan Mrs. Mira

7 July 19'59

Sir, On behalf of the Secretary-General, I have the honour to acknowledge receipt of your letter of today's date and to thank you for forwarding the

aide-memoire vrhich th r ~ Secretary of State for Foriegn Affairs of the United Kingdom handed to the Ambassador of Spain in London on 27 June last, together with a copy of the memorandum which the Minister for Foreign Affairs of Spain handed to a representative of Her Britannic Majesty's Embassy at Madrid on 1 July. I would request you to convey to your Government the Secretary-General's thanks for its intention to keep him infonned of any developments in connexion with Gibraltar. Accept, Sir, the assurances of my highest consideration.

Jose Rolz-Bennett Under-Secretary-General for Special Political Affairs

Mr. Gabriel Canadas Deputy Permanent Representative of Spain to the United Nations 820 Second Avenue New York

I .. . 69-15187 lc -2-

GC/jl

Permanent Mission of Spain to the United Nations

New York, 7 July 1969

Sir, Further to my letter of 26 June, and in keeping with my Government's intention to keep you informed at all times of any developments in connexion with the problem which the existence of the British colony of Gibraltar poses for Spain, I have the honour to forward to you herewith a copy of the aide-memoire which the Secretary of State for Foreign and Commonwealth Affairs handed to the Ambassador of Spain in London at a meeting on 27 June last, together with a copy of the memorandum which the Minister for Foreign Affairs of Spain handed to a representative of Her Britannic Majesty's Embassy at Madrid on l July, commenting on some points in the aforementioned United Kingdom document. Accept, Sir, the assurances of my highest consideration.

(Signed) Gabriel Canadas Deputy Permanent Representative of Spain to the United Nations

His Excellency U Thant Secretary-General of the United Nations New York

; ... 69-15187 lc -3-

MEMORANDUM

The aide-memoire handed to the Ambassador of Spain in London on 27 June 1969 by the Secretary of the Foreign and Commonwealth Office consists basically of an apologia of the policy pursued by Her Majesty's Government in maintaining a colony in another European State. However, it contains three statements on which the Spanish Government would like to comment: l. Her Majesty's Government states that "the suspension of regular sea communications between the -La Linea and the is a mockery of the norms of international conduct accepted among modern Governments".* The Spanish Government notes that the aide-memoire avoids any mention of the Constitution promulgated unilaterally for Gibraltar by Her Majesty's Government on 30 May 1969. This Constitution disregards Spanish rights and interests safeguarded by the Treaty of Utrecht, ignores the resolutions of the General Assembly of the United Nations, and consequently separates Gibraltar even more from Spain, condemning the inhabitants of the colony to social and economic isolation- an "island economy". The promulgation of this Constitution has placed the Spanish Government in the distressing position of having to deprive Gibraltar of any facility that would enable the new situation created there by the United Kingdom to develop and thrive. This Spanish position towards the Constitution of Gibraltar cannot come as a surprise to Her Majesty's Government. The reasons for it were explained on 24 July 1g68 and more recently to Her Majesty's Ambassador at Madrid. 2. The statement - vrhich is totally incorrect - that the closing of the ferry "implicitly" violates the Treaty of Utrecht is most extraordinary, coming from a Government like that of Her Majesty, which has done nothing but violate the Treaty in question from the very moment it was signed.

* Translator's note: Retranslated from Spanish. As agreed with Mr. Gazarian, it was not thought necessary to consult the original at this stage.

I ... • 69-15187 lc -4-

3. Lastly, Her Nffijesty's Government states in the aide-memoire that if "in the future it is felt that talks with the Spanish Government vrould be of help to the people of Gibraltar or would make a solution easier" Her Me.jesty' s Government would be prepared to hold such talks, in the hope that "the Spanish Government will realize that it must take the first steps for the creation of an atmosphere that may permit progress towards a solution". The Spanish Government wishes to remind Her Britannic Majesty's Government that on 18 November 1964, 15 and 21 January, 10 February, 8 and 30 August and 5 and 15 November 1965 it requested, without any result, the opening of negotiations to settle the Gibraltar problem. The United Kingdom did not agree to such negotiations until January 1966. When the negotiations began in May of that year, the United Kingdom delegation was unwilling to take up the questions of the interests of the Gibraltarians and the future status of the Rock, as Spain proposed and the United Nations had recommended. The Spanish Government also recalls that Her Majesty's Government unilaterally broke off these negotiations on 13 April 1967 and that they were resumed only on 18 and 20 March 1968, as a result of an agreement reached at the September 1967 meeting in New York between Mr. Castiella, the Spanish Minister for Foreign Affairs, and Mr. Brown, the then Secretary of the Foreign Office. Mr. Stewart himself, in the House of Commons on 1 April 1968, announced the final breaking-off of these negotiations with Spain. The Spanish Government has been and is prepared to resume negotiations concerning Gibraltar immediately, as recommended by the General Assembly of the United Nations . This constant animus negotiandi on the part of the Spanish Government is an import ant contribution t o the creation of the atmosphere to vrhich Her Majesty's Government refers. In addition, however, and in an attempt t o achieve t his propitious climate, the Spanish Government is prepared to j oin t he United Kingdom Government in considering what political actions both of them could take to achieve it. ,

' t,{~ ~~~~~~ . ' -~k._AO~~ "AIDE MEMOIRE" HANDED BY 'IHE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS, , MR. STEWART, TO THE AMBASSADOR OF SPAIN IN LONDON

"AIDE MEMOIRE" ,ENTREGADo' FOR SECRETARIO DE ESTADO PARA NEGOCIOS EXTRANJEROSI Y DE LA COMMOWwEALTH, MR. STEWART, AL EMBAJADOR DE ESPANA EN LONDRES.-

"In a note communicated to H.M. Ambassador in Madrid on the 25th of June, the Spanish Government announced its decision to suspend, with effect from the 27th of June, regular maritime services between the port of Algeciras-La Linea and Gibraltar. Like other measures recently taken by the Spanish Government against Gibraltar, this unilateral and arbitrary suspension of sea communications between Spain and Gibraltar flouts standards of international behaviour accepted by modern Governments, contradicts the concern which the Spanish Government professes to feel for the interests of the people of Gibraltar and serves only to contribute to the difficulties which lie in the way of a solution to the problem of Gibraltar. The Spanish Government cannot have failed to observe how its recent measures, including the closure of the land frontier and the withdrawal of Spanish labour, have been received in

Gibralt~r, where the people remain united in their determination not to yield before such tactics. Their reaction demonstrates the futility of the apparent intention of the Spanish Government to reduce Gibraltar by malicious pressure exerted on the population. Her Majesty's Government once again urge the Spanish Govern­

ment to realize th~t ~ a policy of deliberate hostility against the It ... • • fi)) . I ' l~ v~~~/~~~~ - 2 - -~kJI!~~

inhabitants of Gibraltar can only be self-defeating. Her Majesty's Government are committed to uphold the interests and to secure the welfare•' of the people of Gibraltar and

have made plain their d~termination to sustain and support the inhabitants of the territory against Spanish pressure. They regret that the Spanish Government, rejecting the course of conciliation and co-operation, has instead sought to achieve its goal by continued pressure on a small community. The Spanish Government cannot seriously believe that any British Government could hand over the people of Gibraltar to a Government which has done them so much harm already and which demonstrates un- relentingly that its immediate object is to disrupt the daily life of Gibraltar and destroy the people's livelihood. The role which the Spanish Government attempts to play at the United Nations as the willing guarantor of the· interests of the people of Gibraltar is simply not credible. In the light of this, the Spanish Government will understand the terms of the statement made in the House of Corrmons yesterday. The Spanish Government's tactics are petty and the arguments used to support its policy tendentious. Her Majesty's Government reject emphatically both the pretext adduced by the Spanish Government for suspending the ferry service and the attempt to justify the campaign against the Gibraltarians by reference to ' Resolutions adopted by the United Nations General Assembly. Recommendations of the General Assembly that are contrary to binding commitments laid down in the Charter of the United Nations cannot be invoked as justification of the policy ot .,. • . I I I1\1 ~'On/t~~de~~ ~kJI!?~~ - 3 -

economic and psychological pressure to which the Gibraltarians have been subjected .bY the Spanish Government. As to the incident alleged in the Spanish Government's note of the 25th , of June, that Government is well aware that Spanish workers were not molested in Gibraltar on the 25th of June: in fact they were informed that they should present themselves on the regular day for the payment of wages. It will not have escape the attention of the Spanish authorities that the reason why so many workers rushed to Gibraltar on the 25th of June to claim their wages was precisely because they had good reason to fear that the ferry service was not to be suspended. The interruption of normal maritime communications between Gibraltar and Spain is also contrary to the Treaty of Utrecht in which it is implicit that there should be unimpeded sea communications between Gibraltar and Spain. Her Majesty's Government note with interest that the Spanish Government does

not seek to justify its latest action by reference to the terms of the Treaty. Instead the Spanish Foreign Minister has referred in his note to his H.M. Ambassador to the defense of Spanish interests. Her Majesty's Government find it impossible to understand what interests can be well served by severing all means of surface communication between two closely linked communities and closing frontiers over which for hundreds of years free contact and commerce have taken place in the common interests of Spaniards and Gibraltarians. It is no part of Her

• • ~~

J~-~~~~~ - 4 - ~kJV~~

Majesty's Government's policy to weaken the traditional links between Gibraltar and Spain, but any Objective observer would , be forced to conclude tliat the same cannot be said of the policy pursued at present by the Spanish Government. This dispute is in no-one's. interests. Its effects are felt not so much by Governments, but by ordinary men and women: among them Spanish workmen and the people of Gibraltar. Conci- liation, not harassment, is the only road to the solution of an essentially human problem. Her Majesty's Government have stated on previous occasions that, if at some future time it seems that talks with the Spanish Government would help the people of Gibraltar and bring a solution nearer, they stand ready to hold them. They still hope that in time the Spanish Government will realize that they must take the first steps towards the creation of an atmosphere in which progress can be made to a settlement. Foreign and Commonwealth Office, SWl.

27 June, 1969." c "

JRB/eh cc: Mr. Naras~ Mrs. ira

J 1o e 196

uy a or fo:

frva.se lo c '~ .

t t djunto p c i al • "G,C/jl

' it ~on/t~~a~de~~

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NQ 96

Excelencia:

Como continuaci6n a rni cornunicaci6n de fecha ; 26 de Junio y en curnplirniento del prop6sito de rni Gobierno

de que en todo rnornento Vuestra Excelencia pueda estar infor-

rnado de cualquier evoluci6n que se produzca en torno al pro-

blerna que para Espana supone la existencia de la colonia

britanica de Gibraltar, adjunto tengo la honra de rernitirle ·

copia del "aide rnernoire" que el Secretario de Estado para

Negocios Extranjeros y de la Commonweal th entreg6 al Ernbaja-

dor de Espana en Londres en una entrevista celebrada el pasado

dfa 27 de Junio, asf como copia del "memoranda" que el Minis-

terio de Asuntos Exteriores de Espana ha entregado a un repre-

sentante de la Embajada de Su Majestad britanica en Madrid el

pasado dfa lQ de Julio, comentando algunos aspectos del docu-

mento ingl~s a que antes he hecho referencia.

Aprovecho esta oportunidad para reiterar a vuestra Excelencia el testimonio d mi mas ..alta consideraci6n • Gab~ Representa te Permanente Adjunto de Espana n las Naciones Unidas

Excrno. U Thant Secretario General de las Naciones Unidas Nueva York. M E M 0 R A N D 0

, El Memorando entregado el 27 de junio de 1969 por el Secreta.rio del Foreign and Commonwealth Office al Em­ bajador de Espana en Londres consiste f1mdamentalmente en una apologia de la pol1tica que sigue el Gobierno de Su Majestad. mant8niendo una colonia en otro Estado europeo. Contiene, sin embargo, tres afirmaciones que el Gobierno espafiol quisiera comentar:

1. El Gobierno de Su Majestad afirma que "la sus­ pensi6n de las comunicaciones regulares maritimas entre el Puerto de Algeciras-La Linea y el de Gibraltar es una burla de las normae de conducta intern&.ciona.l aceptada entre los Gobiernos modernos". El Gobierno espafiol observa que en el citado Memo­ randa se elude toda menci6n a la Constituci6n unilateral- mente promulgada para Gibraltar por el Gobierno de Su Majes­ tad el 30 de mayo de 1969. Dicha Constituci6n desconoce los derechos e intereses espafioles salvaguardados por el Tratado de Utrecht, ignora las Resoluciones de la Asamblea General de las Naciones Unidas y en consecuencia separa a6n mAs a Gibraltar de Espana, condenando a los habitantes de la co­

lonia a un aislamiento sociol6gico y econ6mico; un "islan~

11 economy • La promulgaci6n de esta Constituci6n ha colocado • ·, .. . II . ~ ~ ~~~~ - 2 - ,enk./JP~~

al. Gobierno espafiol en la penosa actitud de tener que retirar a Gibraltar toda facilidad que permita que la

nueva sit~ci6n.. creada all! por el Reino Unido se desarro lle y prospere. Esta act.itud espanola ante la Constitu­ ci6n de Gibraltar do puede sorprender al Gobierno de Su Majestad. Fue razonada el 24 de julio de 1968 y mAs re­ cientemente al Embajador de Su Majestad en Madrid.

2. La afirmaci6n -absolutamente inexacta- de que la supresi6n del transbordador viola "imp1icitamente" e1 Tratado de Utrecht no puede ser mAs peregrina, viniendo de un Gobierno como e1 de Su Majestad que no ha hecho otra cosa que violar dicho Tratado desde e1 mismo momento en que se firm6.

3. For ultimo, e1 Gobierno de Su Majestad sefia1a en , J e1 referido Memorandum que si "en el futuro se aprecia que conversaciones con el Gobierno espanol ayudarian al pueblo de Gibraltar o har1an mAs fAci1 una soluci6n" el Gobierno de Su Majestad estar1a dispuesto a celebrarlas esperando que "el Gobierno espaiiol se de cuenta de que debe dar los primeros pasos para 1a creaci6n de una atm6sfera que pueda permitir e1 progreso hacia una so1uci6n". ' · El Gobierno espafiol quiere recordar al Gobierno de Su Majestad BritAnica que el 18 de noviembre de 1964, e1 15 y 21 de enero, 10 de febrero, 8 y 30 de agosto, 5 y 15 . . . . I I~ Jll~n~de~~ ~kAP~~ - 3 -

,. de noviembre de 1965 solicit6, sin resultado alguno, la iniciaci6n de negociaciones para resolver el problema de Gibraltar.

El Reino Un~o s6lo acept6 estas negociaciones en enero de 1966. Cuando las mismas empezaron en mayo de

este ultimo afio la Delegaci6n brit~nica no quiso abordar el examen de los intereses de los gibraltarefios ni del futuro "status" del Peii6n, como Espana proponia y las Na­ ciones Unidas habian recomendado. El Gobierno espafiol recuerda igualmente que el Go­ bierno de Su Majestad rompi6 unilateralmente estas nego­ ciaciones el 13 de abril de 1967 y que s6lo se reanudaron los dias 18 y 20 de marzo de 1968, merced a un compromise adquirido en la entrevista celebrada en Nueva York en sep­ tiembre de 1967 por el senor Castiella, Ministro espafiol de Asuntos Exteriores, y el Sr. Brown, Secretario a la saz6n del Foreign Office. El propio senor Stewart, en la CAmara de los Comunes, el 1 de abril de 1968, di6 por rotas defi- nitivamente estas negociaciones con Espana. El Gobierno espafiol ha estado y estA dispuesto a rea­ nudar inmediatamente las negociaciones sobre Gibraltar, como recomienda la Asamblea General de las Naciones Unidas. Este "animus negotiandi" permanente del Gobierno espaiiol es una

importante contribuci6n a la creaci6n de la atm6sfera ~ que se refiere el Gobierno de Su Majestad. Pero, ademAs, y en · un esfuerzo para conseguir este ambiente propicio, el GobfeE no espafiol estA dispuesto a estudiar con el Gobierno britA- " ...... ni~o los actos politicos que tanto uno como otro podrian - •

.. - 4 - •

llevar a cabo para conseguirlo. , ' •

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I 11-l ~~~deg~ ~h.fl~~ Nu~va York, 9 de Julio de 1969

NQ 102 ... Excelencia: , Como continuaci6n a la Nota NQ 80 de fecha 23 de Mayo de 1969 que el Representante Permanente de Espana le dirigi6 informandole de que, de acuerdo con la Resoluci6n 2428 (XXIII), aprobada por la Asamblea General el dfa 18 de Diciembre de 1968, relativa a l a 'descoloni z aci6n del territo­ rio de Ifni, el Gobierno espan.ol habfa firmado con el Gobier­ no del Reino de Marruecos un tratado el df.a 4 de Enero de 1969 y que dicho tratado habf.a sido ratificado por las Cortes espafiolas en dfa 22 de Abril de 1969, intercambiandose en Rabat el df.a 13 de Mayo de 1969 los instrumentos de ratifica­ ci6n de dicho tratado sobre la retrocesi6n de Ifni, tengo ahora el honor de informar a Vuestra Excelencia que con fecha 30 de Junio ultimo, en cumplimiento del tratado firmado en Fez el 4 de Enero, se ha verificado la transferencia de poderes sobre el territorio de Ifni, quedando el mismo desde ese memen­ to sometido a la soberanfa y autoridad d~l Reino de Marruecos.

Me permito senalar a Vuestra Excelencia que aun cuando el Tratado de Fez prevef.a en su artf.culo segundo que la transmisi6n de derechos y obligaciones tendrfa lugar en un pla­ zo de tres meses, a partir de la entrada en vigor de aquel tra­ tado, es decir, a partir del 13 de Mayo, la transferencia efec­ tiva se ha efectuado dentro del plazo previsto, sin esperar a la expira ci6n del mismo. Ello h a sido posible debido a l esp!ri­ tu de coope raci6n que ha preva l e cido entre las autorida des res­ ponsables de los dos pafses.

Aprovecho esta oportunidad para reiterar a Vuestra Excelencia el testimonio de mi mas alta consideraci6n. · ~ Gab lel Caf'iada~ · . ) Repres enta te :Permanente Adjunto de Espafia n la$ Naciones Unidas

Excmo. Sef'ior Secretario General de las . Naciones Unidas Nueva York •

•• ..... THE NEW YORK TIMES, THURSDAY, OC'POBER 2, 1961 ISpain Cuts Her Pho_ne and Cable Service to Gibral

5peclal to The New York Tlmu ·MADRID, Oct. !-Spain ap­ plied a modest amount of ad­ ditional pressure on' Gibraltar ·today to mark the expiration of the United Nations General Assembly's deadline calling for the tiny British-held colony to be turned over to this country. In midafternoon, all tele­ phone and cable service be­ tweenSpain and Gibraltar was cut off. Spanish Foreign Minis­ try officials said the move was in reaCtion to British failure to observe the General Assem­ bly's resolution. According to information here, the cut-off did not apply to communications between Gibraltar and other countries, even though these are routed through Spall. The measure is expected to be considerably less serious in its effect on the 25,000 resi­ dents of Gibraltar than previ­ ous actions taken by Spain in response to British moves that she regarded as flouting her claims to the Rock. Last June, after Gibraltar adopted a new constitution, Spain sealed off all land com­ mtmications with the colony, British guards and armored car guard a border gate in Gibraltar, colony disputed by Spain thus stopping the flow of Span- - · ish workers who crossed in and draw all forms of "positive sup- a.nd simple refusal of Great public shape, but it is expected out e~~h day. . pol't" from the colony. Britain to. obey t_he mandad:_e that at the very least she ~II OffiCial sources her~ sa1d Britain has based her refusal of ·the Urut>ed Nwoos Orga.ru- try to get a new l'QSOI\Iti.Oil that no further umlateral to return Gibraltar on the fact zation" and said thart: th~ Unilt· co.ndemning Britain ·· for "DOt jll)oves we_re planned at present. that the colony's . inhabitan~s ~d _Nation~ "should reaot ene:- heed•i.na ~ oJd I'J!!!Sil:.ll--. IThe Spamsh ~ave s~ressed t~at bitterly oppose any change m getioa:lly m the face ot this - -·- they have no m_tentl~n of usmg their status, as was demon- defiance." It added 4ihaJt "in I · force to r~g~m . G1braltar - strated in a recent plebiscite. view of .the use of force Ito per- ceded to Bntam m 1~13 after The · British official reaction petuate the exi9tence of

Warships idle in bay •• British see no Gibraltar trouble

By John Allan May Staff co1-respondent of The Christian Science Monito1· Malaga a. London At Gibraltar the British aircraft carrier .. HMS Eagle towered over 10 smaller British ~cac.~t·~ PAIN naval vessels. In the bay half a dozen Span­ s - ish warships lay at anchor. Here in London a Foreign and Common­ wealth Office spokesman was saying smoothly: "No we don't think there will be any trou­ ble. The Eagle happens to be there on · . Algecirat!G·o lt exercises. 'Gib' is a Mediterranean NATO F;Atlanl;Lc~ I ra :ar-(sr.' base. Ships are in and out all the time. "As to the United Nations resolution to . .. 'decolonize' Gibraltar, it is not manda­ Strait of: Gibraltar tory. We voted against it. We do not ac­ Mediterranean cept it." ";Ta ng_ier- fCeuta The resolution adopted by the General Sea Assembly last December called on Britain ~o 0"' to decolonize Gibraltar by Oct. 1. r- In hundreds of offices and factories tens cearv-:=:=:tMOROCCO of thousands of Britons probably were ad­ miring suntans acquired in Spain. It's the oTetuan most popular of all overseas vacation lands MILES for Britons these days. ~0 10 20 30 40 British Foreign Secretary Michael Stewar t had said he thought Britons ought to think Elu. twice before holidaying in Spain this year. P'erhaps a few had. But very few indeed. ' British run show For it is committed to defend the freedom "And I hope they don't," remarked a of the inhabitants of the Rock for all time, travel agent to this correspondent with some unless and until they themselves choose in­ feeling. "To stop holidays in Spain would tegration with Spain. ru.in the entire travel trade in this country. In the 1967 referendum, 12,182 of the 12,700 The agents are British. The planes are Gibraltarians registered as voters, chose to British. The tours are British. The m<'lney's remain British. Only 44 voted for integration British." with Spain. Thus, seen from here, there were two main elements in the Gibraltar drama - Only 44 for Spain an air of menace and a feeling of unreality. One of the two main political parties in Surely, it has been felt right up to this ap­ Gibraltar calls itself Integrationist. But it parent deadline that Generalissimo Fran­ stands for full integration with Britain as cisco Franco would not use force to gain po­ part of the territo<·y of tne United Kingdom. session of "the Rock"· against the wishes This, Britain is not...p,re,P.

U...... - . about it, the Et · l!\l ~ ;m ir· T ~PM~Y Spain applied s p n e neutral zone. t lias a ~- on· new drive of &:A~~· jn Ole squeeze on crete runway jutting out to sea and 1s used Cars and persons crossing the customs for commercial and military purposes. checkpost at La Linea were subjected to Although Gibraltar was form aily ceded thorough ·and delaying inspeolion. Then to Britain by the Treaty of Utrecht in 1713 for Gibraltar Spanish goods destined for the colony were the isthmus was not. Britain first claimed denied export licenses. sovereignty over the isthmus and the air· By Richard Mowrer Next British subjects and others with port on it at the Gibraltar talks on J uly 12 Special correspondent of salaried jobs on the cramped rock, but liv­ 1966. I ...... lilii.C~rlstlan Science Mcmitor ing on the spacious adjacent Spanish main­ 2. The British contend that they canno Madrid land, were ordered to 1·egister as foreigners go against the wishes of the inhabitants of domiciled in Spain, and to pay Spanjsh Gibraltar, who want to stay British. But the Spain has unleashed a new drive to wrest taxes or get out. 25,000 inhabitants of Gibraltar, are an im· Gibraltar from Britain-strong in the con· At the Unjted Nations the Gibraltar issue ported population. The real inhabitants were viction that it has right on its side and the moved up a notch in December, 1965, when the Spaniards driven out off the Rork whose moral support of most of the world. the General Assembly took up the recom­ descendants now llve a t La Linea San The attack is on two fl•onts: against the mendation of the Committee of 24 m ade the Roque, and Algeciras nearby. Durin'g the famous rock itself, in the .form of an ever· year before and aslted Spain and Britain to British occupation Maltese, Genoese, Cy­ tightening blockade designed to strangle discuss Gibralta1·. The talks began but broke priots, and olhe1· people from the Mediter­ the Br itish colony economically; and at the down within week. when Britain made it ranean area were brought to Gibraltar to United Nations where high-powered diplo· clear that Bl'itish sovereignty over the Rock service the military base. macy once agajn is stating the Spanish was not negotiable. T1·eaty violation chat•ged case. Spain again appealed to the UN, mean­ GibraUar was captured in 1704 by a com· while lightening the Gibraltar blockade by British insistence on sell-determination bined British and Dutch fleet. Dominating closing the frontier to vehicular traffic, !or the Gibraltarians is in direct violation denying to foreign aircraft hjtherto available o! Article 10 of the Treaty of Utrecht which Spanjsh air space used in maldng the ap· says that if Britajn gives up Gibraltar "the British s e no Gibraltar trouble proaches fo r landing at Gibraltar. same shall always be given to the crown Story: Page 4 In May, 1968, the land frontier was closed of Spain before any others." to everybody except the 5,000 Spanish wm·k· This (goes the Spanish argument) pre­ ers employed on the Rock and Gibraltarians cludes self-determination, least o! all by a bearing passes issued by the Spanish autho- popu l~~; ti on that wasn't the.re when the treaty t h e narrow wes t em en t ra ~ ce o f th ~ Me d • !'lties. · was s1gned. Nonetheless, the British have iterranean, the strategically lnluated fo rtress on Spain's southet•n coast has been In June this year the fron~ler was sealed gone ahead and given Gibraltar a new Con­ a rock of contention ever since. 0 ~ completely and the Sparush labor force stitution which, in Spanish eyes, confirms . hJthP.rto employed by the British colony that sovereignty will never be ceded to Off and on for 265 years .1t .has been stayed horne. A few days later the Spanish Spain without the consent of the Gibraltar­ ~oug~t over or ~ ~gued ove~· • ~ r ltam manag- ft-ITy service f1·om Algeciras was discon­ ians. Yet it is on the strength or the Treaty mg m every criSIS to retam 1ts hold on the tlnued. of Utrecht that Britain has retained its hold tiny territory. on Gibraltar for 2% centuries. The current phase of the dispute flared Spain lists }JOiUI!! A formal offer made 'by Spain in 1966 l h<~t first in 1954 when Queen Elizabeth II . Gibraltarians could retain their British angel'ed Spain by making an official visit to The Spamsh case rests mainly on these citizenship still stands. the 21/4 square mile Crown colony. There argum ~n ts: . . Last yea~· the UN picked Oct. 1, 1969, as wasn't much Generalissimo Francisco 1·. GJbralta1· Is geographlcally part of the deadline for "decolonizing" Gibraltar. Franco could do about it at U1e time. Spam. Moreover in the course of 265 years The British have not budged. So Spain is of occupancy by the Bt·itish, the Rock has tightening its stranglehold on the Rock still Question quickly raised been "stretched," surreptitiously and ille· more, cutting off telephone and telegraphic . gaily, so that the isthmus has been an- communications between Spain and Gibral­ But late in 1955 Spain was admitted to the nexed, to a depth of 8~0 m eters northward, tar. Other restrictive measures, perhaps in· United Nations. One of its first acts as a to the British crown. volving overlapping territorial waters are member of the intel'national organhatlon The fiat, sandy isthmus was long ago sure to come. . . . declared a ''neutral zone" supposed to act was to raise the queshon of Gibraltar. as a demilital'ized buffer between the Brit· But it is not expected that the quarrel will lead to blows. General Franco has said: On Oct. 16, 1~64, the UN's CommUtee of ish ganison on the Rock and the Spanish Gibraltar is not wol'th a war." He also has 24, a body dealing with decolonization, t ahlJft d. et during the 1936-39 civil wa1• said that Gibraltar will fall "like up .the CBI!ewuul..asked Britain and ~ · was too torn asunder to do fruit," into Spain's lap. ' begin ta of Gibral 1