Tom Powell
IT’S official. The infamous Gibraltar border queues are being deliberately created by Spain, according to new statistical proof.
The recently launched Frontier Monitoring Programme records the number of cars that cross from the Rock to La Linea in one minute.
The flow rate should technically remain constant, irrespective of the number of cars waiting to cross.
However, data collected on a single day this week shows a massive drop from 7.8 cars entering Spain per minute at 2pm, to 1.5 per minute at 6pm.
Just one hour later at 3pm, the flow rate had slowed down to 2.9 cars per minute, which is when the queues started to build up. By 6pm it was 1.5 cars coinciding with people leaving work-places to return home.
But by 7pm, the rate increased dramatically back to 12.7 per minute. Acting Chief Minister Dr Joseph Garcia commented: “The drop in cars crossing the border from 12.7 cars per minute to 1.5 is undeniable proof of the way in which delays are being generated.
“The flow rate is clearly deliberately reduced by the authorities, waiting times of three hours are intolerable in an internal border of the European Union.
“The brunt of this hardship is borne by EU nationals, thousands of whom live in Spain but work in Gibraltar. Needless to say, residents of Gibraltar and tourists are also being affected.”
The news comes as the ‘dustbowl’ car park next to the border in La Linea, used by tourists and workers crossing over to Gibraltar, appears to have been suddenly closed down.
Run by the unemployed people in the town, who charge between one and two euros, the car park is always busy.
However, reports yesterday suggested that diggers had begun working on the site, despite the fact many cars were still parked there.
Ah distraction politics and a sovereignty claim that is worth zero. And who does it harm the most? Yes, the citizens of Spanish La Linea.
EU inspectors seem to arrive with pre-booked appointments. That is totally daft.
@Britbob
It may be a political distraction to you but it is having a significant effect on Gibraltar. Tourism in Gibraltar is significantly down and so is income from tobacco sales. Moreover, it is not only Spanish citizens being affected. Gibraltar tax domiciled expats who live in Spain and work in Gibraltar are seriously being impacted.
But more is to follow, Spain is in the process of investigating the tax affairs of the thousands of Gibraltar tax-domiciled that effectively reside in Spain. Indeed, the Gibraltarian Opposition leader is so worried about the increasing pressure being exerted by Spain on the UK colony that he is now publicly calling for the concrete blocks that Mr Picardo dropped illegally into the Bay of Algeciras to be removed in a vain attempt to return to the status quo ante.
By the way, if the Spanish sovereignty claim is as weak as you assert, why doesn’t the UN simply remove Gibraltar from the list of territories that the UK must decolonise as continually requested by the UK and its colonists living in Gibraltar?
I believe ‘Furtherbeyond’ lives in Argentina and regularly posts lies to various media. Those concrete blocks were legally placed in BGTW adjacent to the Gibraltar airport and are there until hell freezes over which would be about the same time you recover the Malvinas, and Gibraltar becomes Spanish. In the meantime you should get a life.
Spain will try and make life in Gib as difficult as possible
but as long as Spain holds Mellilla and ceuta then they have no moral claim for wanting Gib back
regardless about saying Ceuta and Mellilla are special cases and so on they are not
@Bill Payer Argentina – now there is a complete loser country if there ever was one..lol Maybe he should concentrate on the s4ithole of a country he is from then?
FurtherBeyond
Just big distraction politics and some folk actually fall for the rhetoric.
S pain should have gone to the ICJ when they had the chance in 1969, what was a weak case is now non-existent.
Seems to me that the Gibraltarians like being a colony because they get international protection from the UN.
PS
not forgetting the two international covenants on human rights that both state Part 1 , Article 1 (1) All peoples have the right to self-determination. By virtue of that right they freely determine their economic, social and cultural development and Article 1 (3) The States Parties to the present covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, ”shall promote the realization of the right to self-determination and shall respect that right, in conformity with the provisions of the Charter of the United Nations.”
The UK is doing a first-class job in promoting the rights of the Gibraltarians.
Spain ratified both covenants on 28-4-1977
And then if there happens to be any conflict, the UN Charter always prevails. Article 73 Declaration on Non-self-Governing Territories, ”the rights of the inhabitants are paramount.”
And of course there’s the Secretary-General of the UN, ‘the 16 remaining territories that still do not govern themselves must have complete freedom to determine their own future.’
All this -v- Professor Crawford.Lol
Further Beyond
Why don’t you come and pay Gibraltar a visit so you can see for yourself how “effective” Spain’s measures against Gibraltar are!
Ranked third in the world as regards GDP with a predicted growth of over 10 per cent.
We must be struggling if a World Trade Centre {refuse to use Center} is about to be built.
You can quote all you like but I, as well as all of those who currently live and work in Gib, are living the dream.
Sad to see someone spend so much time constantly writing gibberish unless, of course, you get paid to do so.
“http://www.telegraph.co.uk/news/worldnews/europe/gibraltar/10991612/EU-dismisses-Spanish-claims-over-Gibraltar-reef.html”
FurtherBeyond
What were you saying about the concrete blocks being removed? Lol
@Bill Payer
Wrong on all counts I’m afraid. Instead of trying to guess my identity you should take your own advice, stop trying to blame the messenger, and ‘get a life’ instead.
On the issue of the infamous ‘concrete blocks’, you would be better off taking Daniel Feetham’s advice and removing the concrete blocks that Mr Picardo dropped illegally into the Bay of Algeciras.
Obviously, it’s becoming a little too hot for comfort in hell at the moment. No chance of it freezing-over just yet.
@Britbob
@Britbob
@Britbob
You can LOL as much as you like mate. However, you must be delusional if you think that your amateur attempts at legal interpretation can be in any way compared with those of the most eminent international lawyer on this aspect of international law.
Professor Crawford observes in his 2007 monograph, which is recognised internationally as the foremost authority on this aspect of international law, that the UN General Assembly has expressly taken the view that colonial enclaves, such as Gibraltar, constitute an exception to the self-determination rule, and that the only option in such cases is for the administering authority to transfer the enclave territory to the enclaving State. The wishes of the population of the enclave are not regarded as relevant. This is especially so in the case of ‘plantations’ because they are populated to a large extent by citizens or subjects of the colonial power who settled in the disputed territory displacing a previously existing population pertaining to the enclaving State (see: The Creation of States in International Law 2nd Edition, Oxford Clarendon Press, 2007 at Chapter 14).
In such cases, the residents are not the indigenous inhabitants of the territories and are, in effect, the beneficiaries of colonial rule. The rationale being that it would be perverse and contradictory to condone past colonialism on the strength of a principle (self-determination) which was primarily designed to dismantle colonialism.
After considering all the applicable case law, including all relevant ICJ cases and advisory opinions, Professor Crawford concludes that the principle of self-determination has no application, or is relevant only so far as the modalities of transfer of the territory are concerned, in the case of non-self-governing territories which are colonial enclaves that have been created by colonizers on the territory of a surrounding State.
The General Assembly’s practice indicates that it regards enclaves as parts of the surrounding States and that it accepts reversion as the most appropriate method of resolving disputes on such territories. This is especially the case when a non-self-governing territory is also subject to an existing treaty obligation. When a State, such as Spain, can prove an existing right of pre-emption over a territory, its rights take precedence over other claims, including those of self-determination.
Professor Crawford notes that in modern decolonization practice, various territories have been transferred by the UN to the claiming State rather than being treated as self-determination units; by far the best known case was Hong Kong, but there have been a number of others.
According to Professor Crawford of the remaining sixteen, Chapter XI territories, two, the Falkland Islands (Malvinas) and Gibraltar, fall into this category.
God. Please shut the border permanently. I’m sick and tired of the Gibraltar gypsies and chav low class Brits coming over the border. Please leave Spain the the upper class expats.
FurtherBeyond
4x UN ICJ General Opinions, 1 X ICJ Judgment; 2 UN Covenants on human rights; para 80 of the 2010 Kosovo Opinion confirming that territorial integrity is limited to the ‘relationship between states’ and Ban Ki-Moon confirming that ‘the 16 remaining territories that still do not govern themselves MUST have complete freedom to determine their own future’ plus the UN Charter, Article 73 that states that ‘the interests of the inhabitants are paramount -V- professor Crawford. Chuckle…chuckle.
The ‘Gibraltar Problem’ started during the early 1950s when General Franco, fascist dictator, took offence to an official visit to Gibraltar by Her Majesty Queen Elizabeth II. Thereafter, Franco’s regime took measures to crush Gibraltar, including a pretended invasion in 1970. After Franco died in 1975, Manuel Fraga Iribarne, a former Minister of the Interior in the Franco regime, founded the Alianza Popular which in 1989 morphed into the Partido Popular (PP). It follows that the PP, which has roots in Franco’s fascist regime, is clearly carrying forward an old grudge founded in an apparent offence to El Caudillo caused by ERII. The arguments commonly used to support the Spanish claim over Gibraltar are largely a recital from the Red Book on Gibraltar and similar fascist propaganda.
Firstly, I apologise for my bad English.
Gibraltar is similar to Guantanamo, both belong to Spain and Cuba respectively, although both are occupied by UK and USA. Treaties signed in a stronger position don’t more legal. Colonial rules mustn’t apply in UE or between allied countries.
I see there is a big difference at present respect Spanish position. Nowadays, Spain is enough strong to plan Gibraltar return to our sovereignty and UK can only have support from USA and this support is not sufficient.
UK only stay in GIbraltar for one strategic objective. If Spain forces to UK to spend enough money to retain this colony, and sustain a strong garrison, then will induce a big problem which it would cause great harm to the Gibraltar economy (tourism, financial, bunkering, etc.). Gibraltar is a big haven to not pay taxes and smuggling and a active military zone don’t help to this kind of bussiness.
UK (MoD) depends from llanitos to retain the colony; Llanitos live very well with tax haven and smuggling. Spain and Campo de Gibraltar suffer a cancer in a part of their territory. If Spain wants, with judiciary, military and police pressure,can switch off Gibraltar Economy .
You do not expect british people to go war with Spain for 30,000 smugglers.
Your poor English is forgiven, a, but not your trotting out of the usual old Francoist lies and myths about Gibraltar.
‘a’
Firstly, the UK went to war with Argentina for just 3000 British Citizens, so I wouldn’t bet on your idiotic ‘30,000 smugglers’ hypothesis.
Secondly, you are obviously so brainwashed by PP fascist propaganda it is not even funny.
Thirdly, please learn English before posting on this site, you just come across to the world as an imbecile.
Hahaha. While your right, gibraltar has a very big problem with SPANISH smugglers. The whole of spain is one of the world worse drug smugglers ever known. So it seems to actually be the Spanish struggling with the smuggling problem.
Andorra what? Plonker, thought not
Brainwash anybody?
Thanks ‘a’ for the laugh, you may now return to the beach or sofa.
I find it hard to find much if any coverage of this stiry i the spanish propaganda/media.
Brainwash anybody?
@BritBob
You can chuckle all you like. The fact remains that you have no idea what you’re talking about.
In order to successfully undermine Professor Crawford’s expert legal opinion you would need to show that he has misinterpreted the law – but you can’t do that can you?
After considering all the applicable case law, including all relevant ICJ cases and advisory opinions, including the Kosovo opinion, Professor Crawford concludes that the principle of self-determination has no application, or is relevant only so far as the modalities of transfer of the territory are concerned, in the case of non-self-governing territories which are colonial enclaves that have been created by colonizers on the territory of a surrounding State. This is the case with the British colony of Gibraltar.
As noted by Professor Crawford, The General Assembly’s practice indicates that it regards enclaves as parts of the surrounding States and that it accepts reversion as the most appropriate method of resolving disputes on such territories. This is especially the case when a non-self-governing territory is also subject to an existing treaty obligation. When a State, such as Spain, can prove an existing right of pre-emption over a territory, its rights take precedence over other claims, including those of self-determination.
I’m afraid that in a contest on legal interpretation between Professor James Crawford and yourself the professor wins hands down.
Gibraltar belongs to the people of Gibraltar and nobody else.
Your right and the people of Gibraltar are British…..forever.
No fascists will ever change that although they would love to.
Spain can whistle …. That’s the FACT!
Never Ever, Ever will they want it any different.
So……? now I’m trying to understand how you can live in Spain – work in Gibraltar and be tax-domiciled in Gibraltar.
@Hacienda
If you are permanently resident in Spain you are tax domiciled in Spain.
However, under EU law, cross-border workers (ie workers who live in one EU tax jurisdiction by work in a different EU tax jurisdiction) pay their income tax and social security contributions in the jurisdiction where they work.
That doesn’t get those cross-border workers out of submitting a tax return in the jurisdiction where they live and therefore have their tax domicile, if one is required of them. Generally taxes related to property, wealth, etc are paid in the jurisdiction where the worker lives.
Anyone living in Spain and working in Gibraltar needs to submit Spanish tax returns (as well as a Gibraltar tax return). There is no double taxation agreement between Spain and Gibraltar, because Spain refuses to sign one or deal directly with the Gibraltarian authorities, but discrimination (ie forcing someone to pay tax twice) is illegal under EU law.
In practice this seems to work quite well. I worked in Gibraltar previously, paying PAYE and NI there, and submitting a Spanish IRPF return, knocking off tax already paid in Gibraltar. This was not a problem for Hacienda. If you have a Gibraltar health card, the SAS will sign you and your beneficiaries on for health care as if you were contributing to seguridad social. The Tesoria de Seguridad Social recovers the cost from the Gibraltar Health Authority.
More here for Hacienda: http://europa.eu/youreurope/citizens/work/work-abroad/cross-border-commuters/index_en.htm