GIBRALTAR
Gibraltar
Gibraltar
(Overseas territory of the United Kingdom)
Joined United Nations:  24 October 1945
Human Rights as assured by their constitution
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Updated 01/24/11
CAPITAL
POPULATION
CHIEF OF STATE
SELECTION PROCESS
Gibraltar
28,877 (July 2010 est.)
Represented by
Vice Admiral Sir Adrian Johns
Governor since 26 October 2009
The monarchy is hereditary; governor appointed by the monarch;

Next scheduled election: None
HEAD OF GOVERNMENT
SELECTION PROCESS
Following legislative elections, the leader of the majority party or
the leader of the majority coalition is usually appointed chief
minister by the governor. Elections last held on 11 October 2007

Next scheduled election:  October 2011
DECLARATION OF HUMAN RIGHTS
ETHNIC GROUPS
Spanish, Italian, English, Maltese, Portuguese, German, North Africans
RELIGIONS
Roman Catholic 78.1%, Church of England 7%, other Christian 3.2%, Muslim 4%, Jewish 2.1%, Hindu 1.8%, other or unspecified 0.9%,
none 2.9% (2001 census)
GOVERNMENT
STRUCTURE
Overseas territory of the UK with 0 administrative divisions; Legal system are the laws of the UK, where applicable
Executive: The monarch is hereditary; governor appointed by the monarch; following legislative elections, the leader of the majority party
or the leader of the majority coalition is usually appointed chief minister by the governor
Legislative: Unicameral Parliament (18 seats: 17 members elected by popular vote, 1 for the Speaker appointed by Parliament; to
serve four-year terms)
elections: last held 11 October 2007 (next to be held not later than October 2011)
Judicial: Supreme Court; Court of Appeal
LANGUAGES
English (used in schools and for official purposes), Spanish, Italian, Portuguese
BRIEF HISTORY
There is evidence of human habitation in Gibraltar going as far back as Neanderthal man, an extinct species of the Homo genus. The
first historical people known to have settled there were the Phoenicians around 950 BC. Semi-permanent settlements were later
established by the Carthaginians and Romans. After the collapse of the Roman Empire, Gibraltar came briefly under the control of
the Vandals, and would later form part of the Visigothic Kingdom of Hispania until its collapse due to the Muslim conquest in 711
AD. At that time, Gibraltar was named as one of the Pillars of Hercules, after the legend of the creation of the Straits of Gibraltar.
On April 30, 711, the Umayyad general Tariq ibn Ziyad led a Berber-dominated army across the Strait from Ceuta. He first
attempted to land at Algeciras but failed. Subsequently, he landed undetected at the southern point of the Rock from present-day
Morocco in his quest for Spain. Little was built during the first four centuries of Moorish control. The first permanent settlement was
built by the Almohad Sultan Abd al-Mu'min, who ordered the construction of a fortification on the Rock, the remains of which are
still present. Gibraltar would later become part of the Kingdom of Granada until 1309, when it would be briefly occupied by
Castilian troops. In 1333, it was conquered by the Marinids who had invaded Muslim Spain. The Marinids ceded Gibraltar to the
Kingdom of Granada in 1374. Finally, it was reconquered definitively by the Duke of Medina Sidonia in 1462, ending 750 years of
Moorish control. In the initial years under Medina Sidonia, Gibraltar was granted sovereignty as a home to a population of exiled
Sephardic Jews. Pedro de Herrera, a Jewish converso from Córdoba who had led the conquest of Gibraltar, led a group of 4,350
Jews from Córdoba and Seville to establish themselves in the town. A community was built and a garrison established to defend the
peninsula. However, this lasted only three years. In 1476, the Duke of Medina Sidonia realigned with the Spanish Crown; the
Sefardim were then forced back to Córdoba and the Spanish Inquisition. In 1501 Gibraltar passed under the hands of the Spanish
Crown, which had been established in 1479. Gibraltar was granted its coat of arms by a Royal Warrant passed in Toledo by
Isabella of Castile in 1501. The naval Battle of Gibraltar took place on April 25, 1607 during the Eighty Years' War when a Dutch
fleet surprised and engaged a Spanish fleet anchored at the Bay of Gibraltar. During the four-hour action, the entire Spanish fleet
was destroyed. During the War of the Spanish Succession, British and Dutch troops, allies of Archduke Charles, the Austrian
pretender to the Spanish Crown, formed a confederate fleet and attacked various towns on the southern coast of Spain. On 4
August 1704, after six hours of bombardment starting at 5 a.m., the confederate fleet, commanded by Admiral Sir George Rooke
assisted by Field Marshal Prince George of Hesse-Darmstadt comprising some 1800 Dutch and British marines captured the town
of Gibraltar and claimed it in the name of the Archduke Charles. Terms of surrender were agreed upon, after which much of the
population chose to leave Gibraltar peacefully. Franco-Spanish troops failed to retake the town, and British sovereignty over
Gibraltar was subsequently recognised by the 1713 Treaty of Utrecht, which ended the war. In this treaty, Spain ceded Gibraltar
(Article X) and Minorca (article XI) to the United Kingdom in perpetuity. Great Britain has retained sovereignty over the former
ever since, despite all attempts by Spain to recapture it. Due to military incursions by Spain various fortifications were established
and occupied by British troops in the area which came to be known as "the British Neutral Ground." This was the area to the north
of Gibraltar, militarily conquered and continuously occupied by the British except during time of war. (The sovereignty of this area,
which today contains the airport, cemetery, a number of housing estates and the sports centre, is separately disputed by Spain.)
During the American Revolution, the Spanish, who had entered the conflict against the British, imposed a stringent blockade against
Gibraltar as part of an unsuccessful siege (the Great Siege of Gibraltar) that lasted for more than three years, from 1779 to 1783.
On 14 September 1782, the British destroyed the floating batteries of the French and Spanish besiegers, and in February 1783 the
signing of peace preliminaries ended the siege. Gibraltar subsequently became an important naval base for the Royal Navy and
played an important part in the Battle of Trafalgar. Its strategic value increased with the opening of the Suez Canal, as it controlled
the important sea route between the UK and colonies such as India and Australia. During World War II, the civilian residents of
Gibraltar were evacuated, and the Rock was turned into a fortress. An airfield was built over the civilian racecourse. Guns on
Gibraltar controlled the entrance to the Mediterranean Sea, but plans by Nazi Germany to capture the Rock, codenamed Operation
Felix, later named Llona, were frustrated by Spain's reluctance to allow the German Army onto Spanish soil and the excessive price
Franco placed on his aid. Germany's Admiral Wilhelm Canaris, head of the Abwehr, also helped by filing a pointedly negative
assessment of the options. Canaris was a leader of the German high command resistance to Hitler, and tipped off Franco who
erected concrete barriers on roads leading to the Pyrenees. In the 1950s, Spain, then under the dictatorship of Francisco Franco,
renewed its claim to sovereignty over Gibraltar, sparked in part by the visit of Queen Elizabeth II in 1954 to celebrate the 250th
anniversary of the Rock's capture. For the next thirty years, Spain restricted movement between Gibraltar and Spain, in application
of one of the articles of the Treaty. A referendum was held on September 10, 1967, in which Gibraltar's voters were asked whether
they wished to either pass under Spanish sovereignty, or remain under British sovereignty, with institutions of self-government. The
vote was overwhelmingly in favour of continuance of British sovereignty, with 12,138 to 44 voting to reject Spanish sovereignty.
This led to the granting of autonomous status in May 1969 , which the Government of Spain strongly opposed. In response, the
following month Spain completely closed the border with Gibraltar and severed all communication links. The border with Spain was
partially reopened in 1982, and fully reopened in 1985 prior to Spain's accession into the European Community. Joint talks on the
future of the Rock held between Spain and the United Kingdom have occurred since the late 1980s, with various proposals for joint
sovereignty discussed. However, another referendum organised in Gibraltar in 2002 rejected the idea of joint sovereignty by 17,900
(98.97%) votes to 187 (1.03%). The British Government restated that, in accordance with the preamble of the constitution of
Gibraltar, the "UK will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of
another state against their freely and democratically expressed wishes." The question of Gibraltar continues to affect Anglo-Spanish
relations. In 1981 it was announced that the honeymoon for the royal wedding between prince Charles and Diana Spencer would
start from Gibraltar. The Spanish Government responded that King Juan Carlos and Queen Sofia had declined their invitation to the
ceremony as an act of protest. In 1988, SAS troops shot and killed three members of the IRA who were planning an attack on the
British Army band. The ensuing "Death on the Rock" controversy prompted a major political row in the UK. 2006 saw
representatives of the United Kingdom, Gibraltar and Spain conclude talks in Córdoba, Spain, a landmark agreement on a range of
cross-cutting issues affecting the Rock and the Campo de Gibraltar removing many of the restrictions imposed by Spain. This
agreement resolved a number of long standing issues; improved flow of traffic at the frontier, use of the airport by other carriers,
recognition of the 350 telephone code and the settlement of the long-running dispute regarding the pensions of former Spanish
workers in Gibraltar, who lost their jobs when Spain closed its border in 1969.
Source: Wikipedia: Gibraltar
ECONOMIC OVERVIEW
Self-sufficient Gibraltar benefits from an extensive shipping trade, offshore banking, and its position as an international conference
center. The British military presence has been sharply reduced and now contributes about 7% to the local economy, compared with
60% in 1984. The financial sector, tourism (almost 5 million visitors in 1998), shipping services fees, and duties on consumer goods
also generate revenue. The financial sector, the shipping sector, and tourism each contribute 25%-30% of GDP.
Telecommunications accounts for another 10%. In recent years, Gibraltar has seen major structural change from a public to a
private sector economy, but changes in government spending still have a major impact on the level of employment.
Source: CIA World Factbook (select Gibraltar)
POLITICAL CLIMATE
In a referendum on September 10, 1967, the people of Gibraltar voted by 12,138 to 44 to reject the transfer of sovereignty to
Spain and to remain under British sovereignty. This day is now celebrated as Gibraltar's National Day. In a referendum organised
by the Government of Gibraltar on November 7, 2002, voters overwhelmingly rejected the principle that Spain and the United
Kingdom should share sovereignty over Gibraltar, by 17,900 votes to 187 on a turnout of almost 88% [4].

Unlike most other British territories, Gibraltar has not been offered independence by the UK. It has been suggested that this is on
the grounds that the Treaty of Utrecht, under which Spain ceded the territory to the British Crown, and which states that should the
British Crown wish to dispose of Gibraltar, it must be first offered to Spain. However, the Gibraltar Government has pointed out at
the UN that Article 103 of the UN Charter overrules and annuls this "reversionary clause".

Neither the United Kingdom nor Spain seem keen to test the legal status of Clause X of the Treaty of Utrecht in court. The
remaining parts of the treaty that regulated such things as the slave trade, and the transfer of Minorca to the British, have become
obsolete.

Spain argues that Gibraltar's status is an anachronism, and that it should become an autonomous community of Spain, similar to
Catalonia or the Basque Country. It also argues that the principle of territorial integrity, not self-determination applies, drawing
parallels with the British handover of Hong Kong to the People's Republic of China in 1997. However, at the same time, successive
Spanish governments have refused to countenance the handover of their north African enclaves of Ceuta and Melilla to Morocco.
The Junta de Andalucia (Andalucia's elected regional government) believes that Gibraltar should be integrated into its regional
autonomy.
Source: Wikipedia: Politics of Gibraltar
INTERNATIONAL
DISPUTES
In 2002, Gibraltar residents voted overwhelmingly by referendum to reject any "shared sovereignty" arrangement; the government of
Gibraltar insists on equal participation in talks between the UK and Spain; Spain disapproves of UK plans to grant Gibraltar even
greater autonomy Strait.
U.S. State Department
United Nations Human
Rights Council
Amnesty International
Human Rights Watch
Freedom House
REFUGEES AND
INTERNALLY
DISPLACED PERSONS
(IDPS)
None reported.
ILLICIT DRUGS
None reported.
Equality Rights Group GGR
U. S. STATE
DEPARTMENT
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
Country Reports
International Narcotics Control Strategy Report
Bureau of International Narcotics and Law Enforcement Affairs
March 2007

Gibraltar is a largely self-governing overseas territory of the United Kingdom (UK), which assumes responsibility for Gibraltar's defense
and international affairs. As part of the European Union (EU), Gibraltar is required to implement all relevant EU directives, including those
relating to anti-money laundering.

The Drug Offenses Ordinance (DOO) of 1995 and Criminal Justice Ordinance to Combat Money Laundering criminalize money
laundering related to all crimes. These ordinances also mandate suspicious transaction reporting for the financial sector and for
designated nonfinancial businesses, which include banks, mutual savings companies, insurance companies, financial consultants, postal
services, exchange bureaus, attorneys, accountants, financial regulatory agencies, unions, casinos, charities, lotteries, car dealerships,
yacht brokers, company formation agents, dealers in gold bullion, and political parties. Obliged entities must submit suspicious
transactions reports (STRs) to Gibraltar's financial intelligence unit (FIU).

The Financial Services Commission (FSC) regulates and supervises Gibraltar's financial services industry. Because of statutory
requirements, the FSC must match the supervisory standards set by the UK. The FSC issues comprehensive AML Guidance Notes,
which have the force of law, to clarify the obligations of Gibraltar's financial service providers. Financial institutions must retain records
for at least five years from the date of the most recent transaction. If the obligated institution has submitted an STR to the FIU, or when
a client or transaction is under investigation, it must maintain any relevant record even if the five year mandate has expired. Offshore
banks are subject to the same legal and supervisory requirements as onshore.

The FSC also licenses and regulates the activities of trust and company management services, insurance companies, and collective
investment schemes. The Government of Gibraltar (GOG) permits internet gaming, and maintains a licensing regime for that sector.
Gibraltar has circulated guidelines for correspondent banking, politically exposed persons, bearer securities, and "know your customer"
(KYC) procedures.

The Government of Gibraltar should continue its efforts to implement a comprehensive anti-money laundering regime capable of
thwarting terrorist financing. Gibraltar should put in place reporting requirements for cross-border currency movements. The GOG
should pass legislation implementing the Financial Action Task Force's Nine Special Recommendations on Terrorist Financing. Gibraltar
should also institute a regulatory scheme for its internet gaming sector in addition to its licensing regime. The GOG should work to
implement the standards in the UN Convention against Corruption, the UN Convention against Transnational Organized Crime, and the
UN Convention for the Suppression of the Financing of Terrorism.
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UNITED NATIONS
HUMAN RIGHTS
COUNCIL
United Nations Report of the Special Committee on the Situation with regard to the implementation of the Declaration on the
Granting of Independence to Colonial Countries and Peoples for 2010
General Assembly Official Records
Sixty-fifth Session
Supplement No. 23
6 July 2010

Chapter VIII
Gibraltar, New Caledonia and Western Sahara
112. In its consideration of the questions of Gibraltar, New Caledonia and Western Sahara, the Special Committee took into account
General Assembly resolutions 64/101 and 64/102 and decision 64/521, as well as other relevant resolutions and decisions.

A. Gibraltar
113. The Special Committee considered the question of Gibraltar at its 4th meeting, on 15 June 2010.
114. During its consideration of the item, the Special Committee had before it a working paper prepared by the Secretariat containing
information on developments concerning the Territory (A/AC.109/2010/16).
115. At the same meeting, the representative of Spain made a statement (see A/AC.109/2010/SR.4).
116. Also at the same meeting, in accordance with a decision taken at the outset of '''the meeting, a statement was made by Joseph
Bossano, Leader of the Opposition in
Gibraltar (see A/AC.109/2010/SR.4).
117. On the proposal of the Chair, the Special Committee decided to continue consideration of the question at its next session, subject to
any directives that the General Assembly might give in that connection at its sixty-fifth session, and in order to facilitate consideration of
the question by the Special Political and Decolonization Committee (Fourth Committee), to transmit the relevant documentation to the
Assembly.
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FREEDOM HOUSE
Freedom In The World Report: Morocco 2003 (including Gibraltar)
Political Rights Score: 5
Civil Liberties Score: 5
Status: Partly Free

Overview
Interior Minister Driss Jettou was appointed prime minister. The 25-member coalition government he unveiled in December was little
different than its predecessor. Indeed, 19 members were carried over from the previous cabinet. The cabinet's size and diffuse
ideological composition were widely criticized as an indication that the palace did not want an effective decision-making body. There
were widespread complaints that politicians did not consult sufficiently within their respective parties before making decisions.

Another central component of the political reform process--the anticorruption campaign--also stalled in 2002. Following a judicial
investigation into the alleged diversion of more than $1 billion from a state bank, Credit Immobilier et Hotelier (CIH), to cronies of the
late King Hassan, the Special Court of Justice ordered the arrest of former CIH president Moulay Zine Zahidi and 15 senior CIH
executives in October. Zahidi went into hiding and gave an interview with the Casablanca-based Le Journal, claiming that several of the
bank's poor decisions regarding well-connected donors (such as its decision to buy back a tourist resort from Morocco's ambassador to
the United Nations for $3 million) were ordered by unspecified higher-ups in the Moroccan government. The two reporters who filed the
interview were detained and interrogated.

Political reforms have been intended first and foremost to bolster the domestic legitimacy and international standing of King Mohammed
VI, not to devolve decision-making power from the palace to the politicians. Concerns that the king's unwillingness to relinquish his grip
on power will further inflame Islamist militancy have become widespread among secular liberals, and contributed to a rift within the
royal family between King Mohammed and his 38-year old cousin, Prince Moulay Hisham. The latter began openly criticizing the
government in 2001, warning of potential political instability and hinting that the principle of primogeniture should not dictate the royal
succession in Morocco. Hisham was forced to leave the country in January 2002 after a stream of reports in the pro-government media
accused him of conspiring to launch a coup.

Although Morocco is not known for the kind of Islamist violence that wracked neighboring Algeria, the palace moved against radical
Islamists following the arrest in May 2002 of three Saudi members of al-Qaeda allegedly plotting to attack NATO warships in the Straits
of Gibraltar. Up to 20 Moroccans accused of providing them with financial assistance were reportedly arrested. Over the summer, the
authorities launched a crackdown on obscure radical Islamist groups (dubbed "militant Salafists" by the authorities) in low-income
districts of Casablanca, Tangiers, and other cities.
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AMNESTY
INTERNATIONAL
Deadly Movements: Transportation Controls in the Arms Trade Treaty (IANSA)
18 July 2010

2/STOPPING UNAUTHORISED AND ILLEGAL INTERNATIONAL ARMS TRANSFERS

All UN Member States have legal obligations to impose controls on arms transportation in some cases to prevent unauthorised or illegal
international arms transfers.3 Recognising states' existing legal authority over ships and aircraft which are registered or 'flagged' in their
jurisdictions, most UN Security Council arms embargoes require all states to prevent the supply of arms and other embargoed materiel
“using their flag vessels or aircraft” to embargoed regions or entities.4 Many UN Security Council arms embargoes also require states to
prevent the “direct or indirect supply” of arms “by their nationals”, an obligation which includes nationals engaged in the transportation
of arms internationally to embargoed regions or entities.

Beyond specific obligations imposed by binding UN Security Council arms embargoes, many states have recognised the role that some
transport service providers have played in helping to transfer arms shipments internationally to unauthorised or unlawful end-users or
end-uses. This was recognised in the 2007 report of the UN Group of Governmental Experts on combating illicit brokering in small arms
and light weapons, which recommended that all states should be encouraged to adequately regulate through their national laws “closely
associated activities” of arms brokering, including “transport [and] freight forwarding”.5 The Group’s recommendations, which all
states have been encouraged to implement by a 2007 UN General Assembly resolution, backed by 179 states, reflect the widespread
findings of arms embargo investigative panels established by the UN Security Council, as well as investigative reports by Amnesty
International and other non-governmental organisations. This extensive body of detailed investigative work has highlighted the critical
role played by cargo carriers, ship and aircraft owners, shipping brokers, charterers and freight forwarders in supplying shipments of
arms and ammunition to arms-embargoed states and armed opposition groups, and to those committing serious violations of international
law.6

Court documents appear to show how Minin reportedly provided not just arms but an aircraft which was used to transport them to
Liberia. Using a company registered in Gibraltar, Minin reportedly arranged for the arms shipment to be transported from Ukraine to
Burkina Faso using an Antonov-124 aircraft operated by a UK company, and provided an end-user certificate ostensibly indicating that
the arms were destined for the government of Burkina Faso. Flight records and photographs indicate that the arms were then flown on
from Ouagadougou and Bobo Dioulasso in Burkina Faso to Liberia, using a private BAC-111 jet owned by Minin, registered in the
Cayman Islands.13
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HUMAN RIGHTS WATCH
Reports of Illegal Arms Shipments via Burkina Faso  
03/28/2000

In April 1999 the commander of ECOMOG in Sierra Leone, Maj.-Gen. Felix Mujakperuo, accused Burkina Faso of facilitating an illegal
arms shipment to Revolutionary United Front (RUF) rebels in Sierra Leone in violation of a United Nations embargo. Speaking at a press
conference in Freetown, he claimed that on March 14, 1999, a Ukrainian-registered cargo plane had delivered sixty-eight tons of
weapons and ammunition to Ouagadougou. There, he alleged, the plane parked in the airport's VIP terminal and the weapons were
transferred onto a plane destined for Liberia, which is also subject to a U.N. arms embargo, and then shipped onward to the RUF inside
Sierra Leone. Mujakperou also reported the incident to the United Nations.  

The Ukrainian government responded to these allegations in a June 1, 1999, letter to the U.N. committee responsible for monitoring the
embargo on the RUF, to which it appended relevant documents. Ukraine maintained that it had sold the weapons to the government of
Burkina Faso. The documents provided, of which Human Rights Watch has obtained copies, show that the government of Burkina Faso
issued an end-user certificate to the Ukrainian state-owned company Ukrspetsexport for the purchase of weapons and ammunition in a
deal arranged by the Gibraltar-based Chartered Engineering and Technical Company, Ltd. The end-user certificate explicitly states that
the ministry of defense of Burkina Faso, "the final consumer" of the goods listed, was committing itself to refrain from re-exporting the
equipment without the agreement of the government of Ukraine. The Gibraltar-based company then contracted a trade agent of the
Ukrainian air carrier Antonov Design Bureau, the British company Air Foyle, to fly the goods to Burkina Faso. According to the
documents, flight ADB1737, an Antonov-124 (registration UR-82008), carried 67,564 kilograms of "defense equipment and ammunition"
from Kiev to Ouagadougou on March 13, 1999. The end-user certificate indicates that the deal involved 3,000 AKM (Kalashnikov)
assault rifles, fifty machine guns, twenty-five rocket-propelled grenade launchers (RPGs), five Strela-3 (also known as SA-7) missiles,
and five Metis anti-tank guided missile systems, as well as ammunition for these weapons.  
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OFFICIAL
GOVERNMENT HUMAN
RIGHTS STATEMENT
6th January 2011
CHIEF MINISTER’S NEW YEAR ADDRESS

CHALLENGES AND DISAPPOINTMENTS
2010, as every year does, brought its quota of challenges and disappointments to Gibraltar.

And, of course the problems on our territorial Waters escalated to a point which the Gibraltar Government could not accept since it
represented the risk of real, damaging and irreversible prejudice to sovereignty of our Waters, as well as disrespect of the Royal Gibraltar
Police and their jurisdiction in them. We dealt with the matter with the seriousness and firmness that it needed and deserved.

Cooperation cannot be a cover for the erosion or prejudice of our sovereignty. As you all know, I have made it clear from the outset that
cooperation agreements under the trilateral forum would not be allowed to prejudice sovereignty. It will therefore not have come as a
surprise to any of you that events on the waters, and off the waters but relating to them, since May 2009 led to the Gibraltar Government
blocking the reaching of cooperation agreements affecting the waters until an acceptable formula can be found to properly and
effectively protect exclusive British sovereignty and Gibraltar jurisdiction over them. That has not yet occurred. Our position will not
change.

As I have always said, important as the Trilateral Forum is, sovereignty is much more important. As you know well, I do not shirk from
decisions necessary to protect and uphold our sovereignty.

The recent public revelation by the ex head of legal services in the Spanish Foreign Ministry simply serves to confirm what we have
always known, namely that there is absolutely no merit in Spain’s position in relation to the Sovereignty of our territorial waters, and that
Spain knows it.

There has been much politicking by the Opposition about my recent speech in Seville which included references to Andorra. I stand by
every word of what I said in Seville. It is indeed my position, as I said in Seville that our present status is to our liking, and if anyone
wants to put proposals for a different status, such as for example the Andorra Model, it would have to be put to the people of Gibraltar
in referendum since only the people can decide the future of Gibraltar. I think that that is absolutely right and, while I shall continue to
defend our sovereignty in the manner that I have done for the last 15 years, I will also provide Gibraltar with leadership on all aspects
of its affairs, including relations with Spain, also in the way that I have done for the last 15 years.

The political reality from which there is no escape for the Opposition is that as a result of the GSD Government’s handling of our
political external affairs in relation to Spain and the UK, Gibraltar’s sovereignty and political position has never been stronger or more
secure than it is now: a new maximum self government constitution; equal status in dialogue with our own voice and a veto; a new UK
commitment to not even discuss sovereignty with Spain without Gibraltar’s consent, ie an end to bilateralism.
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OFFICE OF THE
OMBUDSMAN
10TH ANNUAL REPORT
March 2010

INTRODUCTION
On 1st October 2009 the Public Services Ombudsman in Gibraltar celebrated its tenth anniversary. The Government of Gibraltar,
following a manifesto commitment, moved a Bill in December 1998 for the creation of an Ombudsman in Gibraltar.

"I have the honour to move that a Bill for an Ordinance to make provision for the appointment of an Ombudsman for the investigation of
administrative action taken by or on behalf of the Government of Gibraltar and providers of certain services to the general public, to
regulate the functions thereof, and for the purposes connected therewith, be read for the first time.. (Gibraltar-House of Assembly-3
December 1998) With these words the Chief Minister of Gibraltar paved the way for the Public Services Ombudsman to become a
reality in Gibraltar.

In April 1999, Mr Henry Pinna was appointed as Gibraltar‘s first Public Services Ombudsman. In October of that same year he opened
the doors of a fully functional office to the public. Almost from the very first day, the people of Gibraltar welcomed and availed
themselves of the services offered by the Ombudsman. As at the end of 2009 we had processed 5258 Complaints and 1264 Enquiries,
these figures are in itself a testament to the wide recourse to the Ombudsman by those who require assistance and/or are aggrieved as a
result of some administrative action.

Tenth Anniversary
On the occasion of the tenth anniversary, which we celebrated on the 1 October 2010, we hosted an event to which the Heads of those
entities under our jurisdiction were invited. Her Worship the Mayor, the Speaker and all Members of Parliament were also invited.

During the course of the evening, presentations on various topics were given by Mr James Rosado, the Ombudsman‘s Senior
Investigating Officer, Mr Henry Pinna, (Gibraltar‘s First Ombudsman), Ms Emily O‘Reilly, Ombudsman and Information Commissioner
for the Republic of Ireland, Ms Ann Abraham, United Kingdom‘s Parliamentary and Health Services Ombudsman, The Hon. Edwin
Reyes, Minister for Culture and Heritage and the Gibraltar Public Services Ombudsman..

The theme of my presentation was 'Complaints are Valuable Learning Tools‘. Referring to those under our jurisdiction, I reminded them
that anyone can receive a complaint at any one time; it is these Complaints that can be positive aspects of our work if used as learning
tools. A complaint is as an act which enshrines a person‘s right to voice discontent against a service provider who, to that person‘s mind
at least, has failed to provide that service which he/she is entitled to receive. The complaint gives the service provider the opportunity to
address the alleged grievance caused. If it transpires that there was an action that led to maladministration, then that entity has the golden
opportunity to put it right, provide an explanation and if needs be an apology. Equally important is the fact that it also offers that entity
the opportunity to review and improve the service which they provide.
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EQUALITY RIGHTS
GROUP GGR
Thursday, May 20, 2010
Age of Consent: We call for 'reconciliation of differences' between Justice Minister and Women's Association
GGR suggests ‘near to age’ provisions in consent law to bring together the community

Equality Rights Group GGR Chairman Felix Alvarez has called for a ‘reconciliation of differences on the age of consent issue between
the Minister for Justice and the Gibraltar Women’s Association. Both, after all,' says Mr Alvarez in a statement to the Press, 'are in
favour of an equal age of consent. Let all parties therefore engage constructively on seeking the best way forward in the interests of
Gibraltar as a whole.’

‘In this respect,’ stated Mr Alvarez, ‘I believe that it may be useful, as a suggestion, for ‘near-to-age’ provisions in age of consent law
found in other jurisdictions to be taken into consideration as a means to reasonably addressing the feelings of community opinion. ‘Near-
to-age’ in this context means that the law can be written so as to make sexual activity legal between persons close to each other in age,
but still set margins beyond which an unacceptable difference in age between one partner and the other would be determined in law. This
may reasonably address the issue of predators. For example, if the consent age were set at 16, there is nothing to stop the law from
requiring that consenting sex be lawful between a 16 year old and a person up to no more than two years older. However, once 18, the
person would be free to engage in any consenting relationship. It is important not to lose sight of the fact that this debate is, indeed,
about consent, and that we already have laws to deal with sex where consent is absent. The two issues are often, but should not be,
confused.

‘As Chairman of GGR, I am more than happy to engage in talks with the Minister for Justice on the matter," Mr Alvarez ended.
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Report
Elizabeth II of the United Kingdom
Queen since 6 February 1952
TRAFFICKING IN
PERSONS
None reported.
Peter Caruana
Chief Minister since 17 May 1996