Gibraltar is a colony. Since the 1960s, it has been on the United Nations list of "non-self-governing territories pending decolonisation". This colonial vestige is incompatible with Resolution 1514 (XV) ,of 1960, on decolonisation. The United Nations has pointed out that, in the Gibraltar decolonisation process, the applicable principle is not that of self-determination of peoples but that of restitution of Spain's territorial integrity. Spain has repeatedly asked the United Kingdom to enter into negotiations, in compliance with the provisions of the United Nations since 1965, in order to reach a definitive solution to this dispute.
The history of Gibraltar
Gibraltar was ceded to the UK under the Treaty of Utrecht. However, only "the city and castle of Gibraltar together with its port, defences and fortresses belonging to it" were ceded. The isthmus, like the adjacent waters or the overlying airspace, was not ceded by Spain and has always remained under Spanish sovereignty. The continued de facto British occupation does not meet the requirements of international law for the acquisition of sovereignty. That is why Spain has always stressed that the occupation of the isthmus is illegal and contrary to international law, and has therefore always demanded its unconditional return. Spain does not recognise the occupation of the isthmus or the fence as a border.
The main documents relating to the Gibraltar dispute are as follows:
- The Treaty of Utrecht. Signed on 13 July 1713, Article X cedes to the British Crown "the full and entire ownership of the city and castle of Gibraltar, together with its port, defences and fortresses belonging to it.
- Resolution 2070 of the 20th UN General Assembly
. Adopted on 16 December 1965, it invites for the first time the governments of Spain and the United Kingdom to begin talks without delay on the sovereignty of Gibraltar. - Resolution 2353 of the 22nd UN General Assembly. Adopted on 19 December 1967, it states that any colonial situation which partially or totally destroys the national unity and territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations and specifically with paragraph 6 of General Assembly Resolution 1514 (XV) on general decolonisation.
- Resolution 2429 of the 23rd UN General Assembly. Adopted on 18 December 1968, it called on the UK to end the colonial status of Gibraltar by 1 October 1969.
- The Lisbon Declaration. Signed on 10 April 1980, it reflects the commitment of the two governments to resolve the Gibraltar issue in a spirit of friendship and in accordance with the relevant United Nations resolutions.
- The Brussels Declaration. Signed on 27 November 1984, it lays the foundations for a new negotiating process including sovereignty issues.
What is the situation of Gibraltar after Brexit?
Spain has repeatedly invited the UK to resume bilateral negotiations on sovereignty issues as soon as possible.
Since EU law applied to the Rock due to the UK's membership of the Union, the UK's withdrawal necessarily implied Gibraltar's exit. To ensure that this withdrawal was in line with Spanish interests, Spain entered into negotiations with the UK on Gibraltar's exit, which resulted in a Protocol on Gibraltar annexed to the Withdrawal Agreement, four bilateral Memoranda of Understanding (on citizens' rights, environmental cooperation, tobacco and police and customs cooperation), signed on 29 November 2018, and an international agreement with the UK on taxation signed on 4 March 2019.
Once Brexit had been confirmed, a negotiation process began to reach an agreement that would regulate the European Union's relationship with the United Kingdom in relation to Gibraltar and that would develop the different contents of the so-called New Year's Eve 2020 Agreement. Finally, on 11 June 2025, it was announced that a final political agreement on the fundamental aspects of the future agreement between the European Union and the United Kingdom on Gibraltar had been concluded. The main objective of the future Agreement is to ensure the future prosperity of the whole region. To this end, all physical barriers, checks and controls on persons and goods moving between Spain and Gibraltar will be removed, while preserving the Schengen area, the EU Single Market and the Customs Union.
The effect of Brexit on mobility in Gibraltar
For persons, the Parties have agreed to establish dual Gibraltar and Schengen border controls at the port and airport of Gibraltar, to be carried out through full cooperation between the EU and UK/Gibraltar authorities, abolishing all controls at the Gibraltar/La Línea crossing point for the many thousands of people crossing daily in both directions. On the EU side, Spain will carry out full Schengen controls.
In terms of goods, the Parties have agreed on the principles underpinning the future customs union between the EU and Gibraltar, maintaining close cooperation between the respective customs authorities and eliminating controls on goods. Other important aspects of the future EU-UK agreement include level playing field commitments on state aid, taxation, labour, environment, trade and sustainable development, anti-money laundering and transport - including the airport; cross-border workers' rights and social security coordination. Specific cooperation on the environment will also be included.
This agreement will promote prosperity and bring confidence, legal certainty and stability to the lives and well-being of people throughout the region.
![The Minister of Foreign Affairs, European Union and Cooperation, José Manuel Albares, at the meeting with the mayors of Campo de]()
The Minister of Foreign Affairs, European Union and Cooperation, José Manuel Albares, at the meeting with the mayors of Campo de Gibraltar and the Junta de Andalucía following the agreement between Spain, the United Kingdom and the European Union on Gibraltar