Borders between neighbours can be a tricky affair. As the people of Bangladesh well know, they can be the source of great tension and yet at the same time a potential source of prosperity for those who live near them and for their countries as a whole. One such example is the border between Spain and the small British territory of Gibraltar, which my colleague the Spanish Ambassador Luis Tejada noted was ceded in 1713 to the UK as part of the Treaty of Utrecht (in The Daily Star on Friday, September 6).

The United Kingdom’s relationship with Spain matters to both countries. Millions of British people travel to Spain each year on holiday, we have a valuable commercial relationship and we work together to address common challenges like terrorism. But we cannot turn a blind eye when the people of Gibraltar are threatened, or subjected to disproportionate and illegitimate measures such as excessive border controls.

We are concerned by Spanish actions at the Gibraltar-Spain border that have led to delays of up to seven hours. These actions have been disproportionate and clearly politically motivated, and are therefore unlawful under EU law. This is not an issue about sovereignty but of freedom of movement. Gibraltar is part of the European Union and the free movement of people within the EU is a fundamental right guaranteed to EU citizens and their family members. The European Commission has agreed to send a fact-finding mission to monitor the delays.

Deliberate disruption of border flows into and out of Gibraltar is unacceptable and has no place at a border between EU partners. It has a direct impact on the prosperity and wellbeing of EU citizens on both sides of the border, including thousands of Spanish workers who travel to Gibraltar each day. Vulnerable people have also been affected. On August 13, for example, three ambulances carrying patients from Spain into Gibraltar were also stopped and thoroughly searched.

Spain attempts to justify its actions with a number of allegations. For example it suggests Gibraltar is a tax haven. The Organisation for Economic Co-operation and Development lists Gibraltar among those jurisdictions that have substantially implemented the internationally agreed tax standard. As a financial services centre within the EU, Gibraltar complies with EU Directives and Regulations for financial services, taxation and money laundering.

Spain also claims that Gibraltar started tensions by creating an artificial reef that prevents Spanish fishermen from fishing in those waters. These are Gibraltar’s waters: the UN Convention on the law of the sea makes this perfectly clear. Also, the concrete blocks are designed to regenerate fish stocks and prevent raking — endorsed by, among others, Greenpeace. Spain itself has created over a hundred of these reefs for perfectly sound ecological reasons. In any case, Gibraltar — like a good neighbour — is close to formalising arrangements that would allow Spanish fishermen to fish in its waters.

Gibraltar has its own democratically elected government, independent of the UK government, and full autonomy for its internal affairs. The people of Gibraltar are proud British citizens, with their own uniquely Gibraltarian identity and culture — and their own language, called ‘Llanito.’ They have repeatedly and overwhelmingly expressed their wish to remain British, most recently in the 2002 referendum where over 98% of people voted in favour of remaining British. The UK respects that. We will not enter into negotiations on British sovereignty over Gibraltar without their consent.

With the government of Gibraltar we are working to maintain good neighbourly relations with Spain. We know that thousands of Spanish workers from one of the poorest regions in Spain commute to Gibraltar every day for work. In fact Gibraltar contributes one in six jobs in the local region. Spain’s actions are affecting the daily lives of its own citizens as well as Gibraltarians.

We want to see any disputes with Spain tackled through dialogue. But the current Spanish government rejected the Trilateral Forum for Dialogue, which was successful for a number of years and led to benefits for communities on both sides of the border. The UK and Gibraltar remain strongly committed to trilateral talks in the long term. We have made the offer of ad hoc talks, involving all relevant parties without getting hung up on formats, but this must be with the involvement and consent of the government of Gibraltar. The people of Gibraltar have repeatedly and overwhelmingly expressed their wish to remain under British sovereignty and we will respect their right of self determination — a right enshrined in the United Nations Charter.

In these circumstances, the UK will continue to stand shoulder to shoulder with the people of Gibraltar. We will respect their wishes and protect their right to determine their own future.

The writer is British High Commissioner to Bangladesh.

— By arrangement with The Daily Star/ANN