Gibraltar is a juridically independent area in western Europe, and forms part of the Commonwealth of Nations as a British overseas territory.
Pre-modern history
As with rest of the Iberian Peninsula, Gibraltar was inhabited by various groups, including Phoenicians, Romans, Vandals, and Visigoths, until 711 when the Muslim conquest of the peninsula began with the invasion of Gibraltar. In 1492, with the reconquest of the peninsula, the Catholic Monarchs took control of the area.
Treaty of Utrecht In 1704, during the War of the Spanish Succession, a combined Anglo-Dutch fleet seized Gibraltar from the Spanish crown. After the surrender, most of the Spaniards who inhabited Gibraltar left for the Spanish hinterland.The Gibraltar Area's Historical Centre In 1713, Gibraltar was formally ceded by Spain to Britain in perpetuity under article X of the Treaty of Utrecht. In 1721, the number of civilians able to bear arms was 45 British, 96 Catalans, 169 Genoese, for a total of 310. By 1753 the civilian population had grown to 1816 persons, the main elements in which 597 were Genoese, 575 Jews and 351 British inhabitants.Census, 1970 These numbers show the heterogeneity of the small number of civilians considered official residents of The Rock in its early stages. The treaty of 1713 stipulated that in the event of any change in sovereignty, Spain would have first claim to the territory. With the treaty, Her Britannic Majesty promised the Catholic King of Spain that no Jews or Moors would be permitted to live in Gibraltar. However, Gibraltar was still open to commerce with Moors, and their ships would be permitted entry into the port. Furthermore, Roman Catholics would be granted the right to exercise their religion.
Gibraltar as British garrison Gibraltar has been described as " the most fought over and densely fortified place in Europe, and probably, therefore, in the world". As a fortress it was most useful to the British Empire, when the Royal Navy was internationally dominant.
Due to its conception as a military base, the constitutional development of Gibraltar was retarded. In 1720, under letters patent a civil judiciary was authorised, and in 1739 criminal and civil jurisdiction was granted to Gibraltar. However, no courts were created and this jurisdiction was exercised by the military, headed by the Governor himself.
After the Great Siege of Gibraltar, (1779–1783) Gibraltar transformed from a small military town into a major centre for European and Mediterranean trade. There was a spike in the percentage of the civilian population of foreign origin, and immigration had a large role in defining nationality.
However, immigration to Gibraltar was discouraged. Gibraltar was one of the most densely populated areas in western Europe, and control of civilian population was the main concern of the British administration in the 19th century. In 1720, the first permit system was introduced in Gibraltar, aimed at restricting foreign labourers, who were mainly Spanish. The object of the system was to "preserve peace, order and good government in Gibraltar, to add security to the fortress, and to promote the health of the garrison." By 1891, the civilian population had grown to 19,100 which was considered problematic due to overcrowding. However, there was a trend of families settling in the neibourghing Spanish town of La Línea de la Concepción, because of less expensive housing and due to the stagnation of trade in Gibraltar.Census, 1891 The 1891 census divided the civilian population into British subjects and Foreigners. British Subjects were recorded as "native of" either Gibraltar, the UK, Malta, other parts of Her Majesty's dominions and foreign countries. Foreigners were recorded as natives from Spain, Portugal, Italy, France, Morocco, or other nationalities.
Despite the growing civilian population, during the 18th and 19th centuries, civilians in Gibraltar were often considered as second-class citizens, subordinate of the colonial regime without significant political authority. At the time, there was a visible ethnic difference between the Gibraltarians and the British colonisers, and politically the Gibraltarians were powerless. The official citizens of Gibraltar were the garrison of soldiers and the hierarchy of colonial administrators. Furthermore, as a garrison, between 1878 and 1945 adult males outnumbered their female counterparts ten to one, and infants and children made up less than 2% of the community at any point in time. British soldiers had preferential access to scarce resources such as housing, water, fresh and frozen meat, free medical care, and their own hospital. The troops lived in barracks with sanitary facilities. In contrast, most civilian dwellings did not have running water until after World War II.
Emergence of civil society and social rights One of the first manifestations of the will for a voice for civilians was the formation of the Exchange Committee. It was formed by "a few of the leading gentlemen of the three religious denominations — Hebrew, Protestant, Catholic". Their goals were to forward the interests of the prosperous merchant group which had developed in Gibraltar. Initially, they had no political objectives, and concentrated on matters of a social and economic nature insofar as they affected the merchants. In 1817 the Exchange and Commercial Library was founded, to rival the Garrison Library from which civilians, however eminent, were excluded.
Gibraltar as Crown Colony In the 1830s, the status of Gibraltar evolved from "The town and garrison of Gibraltar" to the "Crown Colony of Gibraltar". Yet, civilian rights could still be suppressed in light of military order. A Charter of Justice, Civilian Magistracy Supreme Court, and Civil Rights were created that same year. The Gibraltar Police Force was created at the same time, making it the first Police Force to be set up outside the UK. The changes of 1830 were important in recognising the rights of civilian inhabitants.
However, political advancements were largely dependent of the particular views of the Governor. For example, in 1848 the new Governor contended that the population of Gibraltar could not aspire to the political freedoms granted to other British Colonies because Gibraltar was primarily a fortress. In 1852 the Governor banned a meeting of merchants, landowners and other local inhabitants which had been arranged for the purpose of petitioning the Secretary of State for the Colonies to set up an inquiry into the civil administration of The Rock. In 1855, the Governor went so far as to issue a press ordinance granting himself the power to control publications in Gibraltar.
Gibraltar has been commonly referred to as 'the only remaining colony in Europe' up to the present. However, the British Nationality Act 1981 formally changed Gibraltar's status from a colony to a British overseas territory. Furthermore, in 2006 the term 'colony' was removed from the Gibraltar Constitution.
Coining of the term "Gibraltarian" It is of note that in 1767 the census divided the population into three religious categories: British and Protestant; Roman Catholic; and Jews. Being Protestant was explicitly recognized as being British, and the population was broken down into 567 British, 1460 Roman Catholics, and 783 Jews. By 1777, the census had become more complex in that it classified inhabitants as those of 'British Blood', 'Alien Blood', 'Natives', and 'Not natives'. The total number of civilians was 3201, of these 1832 were Roman Catholics, the rest were British Protestants. It is significant to note the appearance of this 'native' element in the registers of 1777, containing the implicit recognition of the birth of the Gibraltarian.
"Gibraltarian" as legal definition 1816 marked the creation of an actual legal definition of the term Gibraltarian. It was put forwards to distinguish who could be considered a citizen and who an alien in Gibraltar. It was inclusive of the many foreigners who composed the population. However, only those who had resided permanently in Gibraltar for 10 years previous to the 1816 legislation were considered Gibraltarian. Those defined as Gibraltarian, were also legally British subjects. However, anyone immigrating after this point would be considered an alien. Anyone who did not fit the criteria of Gibraltarian had to apply for a temporary permit., cited in The permit system following 1816 included penalties for aliens who did not abide by the system, and foreigners without permits or with expired permits were seen as "bad and suspicious characters" and liable for fines, imprisonment, or expulsion from Gibraltar. After the tightening of controls of permits, the 1830s saw a noticeable reduction in population growth.
The need for this definition of Gibraltarian was rooted in the epidemic of 1804, where control of population density was seen as a major consideration. Epidemic disease, in the 1804 case, yellow fever, put the military population at risk, and by extension Britain's ability to control the area. It was feared that civilian population had to be controlled to prevent pestilence. It is estimated that three fifths of the population was wiped out by the 1804 epidemic.Census, 1981
Circumvention of the tenet of jus soli
Birth of children from alien parentage became a problem nearing the end of the 19th century in controlling population. Gibraltar held the tenet of British law, jus soli, making children of aliens born in Gibraltar British by birth, and therefore they became an irremovable liability to the colony. Residents with temporary work permits could have children in Gibraltar and upset the system of exclusion. Therefore, the British administration devised unique methods to circumvent the tenet of Jus Soli.
One way that jus soli of children of aliens was restricted occurred in marriage laws. Marriages in Gibraltar required approval from the Governor, who could refuse permits of marriage to alien men unless they consented to leave Gibraltar within three months of the date of their marriage. However, this principle was irregularly and ineffectually enforced. It also caused the reactions from the Catholic Vicar in 1837, who claimed having to receive approval from the governor for marriage was "an infringement on the free exercise of Catholic religion".
In the 1830s a further principle was introduced to limit access to citizenship. Women who were married to aliens were ordered to leave Gibraltar to give birth.
In 1850 any alien with a temporary permit who acted in a manner "inconsistent with temporary residence" could be refused a permit or have it withdrawn. Actions inconsistent included childbirth and marriage. However, this, like other immigration laws, was not consistently enforced. Bribery and coercion was commonly used to get around the laws, and in some cases the governor could be persuaded to make exceptions by the "dictation of the Vicar Apostolitic, the Governor of Algeciras, and one of two foreign consuls".
It is notable however, that the 1878 census notes that aliens were permitted into Gibraltar on first and second class permits and with fishermen's badges. There was a Genoese population of fishermen who came to Gibraltar since 1840 for the fishing season and would build temporary shelters or live in caves, and by the 1878 census, they had established a permanent village at Catalan Bay.
Role of epidemics in exclusion of nationality