The Legal and Historical Context of Ceuta and Melilla: A Case Against Their Return to Morocco

In recent discussions regarding potential changes in sovereignty, a recurring suggestion is that Spain might return Ceuta and Melilla to Morocco in exchange for the UK relinquishing control of Gibraltar. However, this idea is not only complex but also fundamentally flawed. Let us delve into the legal and historical aspects of these territories to understand why any such proposal is unlikely to succeed.

Legal Basis and Treaty Interpretation

The arguments against the return of Ceuta and Melilla rest heavily on their legal and historical status as distinct colonial territories of Spain. Broadly, the key treaties relevant to these regions are the Treaty of Utrecht and the Treaty of Wad Ras.

The Treaty of Utrecht

The Treaty of Utrecht, signed in 1713, provides the legal basis for Spain's claim to the territory now known as Gibraltar. This treaty specifies that the British crown has control of the 'port town and castle' only, and does not hold sovereignty over the entire peninsula. Grenada, the area surrounding the town, remains under Spanish sovereignty. Therefore, any potential transfer of sovereignty over Gibraltar would have to be addressed through a constitutional understanding between Spain and the United Kingdom.

The Treaty of Wad Ras

The Treaty of Wad Ras, signed in 1904, is crucial in the case of Ceuta and Melilla. It was an agreement between Spain and Morocco's Sultan Muhammad IV, wherein Morocco renounced all claims over these two territories. This treaty is a clear and legally binding document, thus confirming Spain's full sovereignty over Ceuta and Melilla. The dispute over these cities is no longer a matter for discussion; it is a settled matter of international law.

Historical Context and International Law

Historically, Ceuta and Melilla were never under Moroccan rule. Their integration into the Kingdom of Spain predates the formation of the modern Moroccan state. Here are a few historical facts to put this into perspective:

Phoenician and Roman Periods

Founded by the Phoenicians around 1000 BC, Ceuta was a strategic trading post for centuries. The Romans conquered it around 146 BC. Later, it became part of the Kingdom of Spain, a status that has lasted well over a millennium. Spain's historical claim is not just legal but historical as well, with periods of Roman, Visigothic, and later Christian rule.

European Sovereignty

From the Roman Empire to the Visigothic Kingdom, these two territories have always been under European rule. The Islamic caliphate and later the Almohad and Marinid dynasties, while significant in the broader history of the region, did not hold these territories. By the time the Alawi dynasty ascended, Ceuta and Melilla were firmly under Spanish rule. The treaty of Wad Ras merely formalized a reality that had already been in place for centuries.

Independence Movements and Sovereignty

Spain's control over Ceuta and Melilla adheres to international law, which recognizes them as integral parts of the Kingdom of Spain. Such recognition extends beyond legal documents to international bodies like the United Nations. Both Ceuta and Melilla enjoy the same rights and protections as any other Spanish autonomous regions, including full democracy and human rights.

Social and Cultural Context

In the cultural and social spheres, Ceuta and Melilla stand out as unique places in North Africa. These regions have a rich tapestry of cultures, religions, and languages, providing a model of coexistence and equality that is rare in the region. Here are a few key points:

Equality and Rights

Both Ceuta and Melilla offer equality under the law, free speech, freedom of religion, the rule of law, and full democracy, ensuring that all citizens enjoy the rights of full human beings. This multicultural blend of Arabic, Spanish, and Berber languages and traditions coexist harmoniously, making these territories a model for social coexistence in a region marked by conflict.

Historical Significance

These territories have been part of Spain for significantly longer than many other regions. For instance, Melilla has been under Spanish control for 350 years longer than the United States has held California. The notion of returning these territories to Morocco ignores the long-standing advancements in democratic governance and human rights that have been institutionalized in Ceuta and Melilla.

Comparative Context with Gibraltar

While Gibraltar remains a British Overseas Territory, Ceuta and Melilla are full members of Spain. The United Kingdom's stance regarding Gibraltar's future is influenced by the local population's wishes, which have consistently expressed a desire to remain British. In contrast, the people of Ceuta and Melilla have shown a clear preference for maintaining Spanish nationality and governance. Thus, any comparison with the Gibraltar situation is misplaced and misinformed.

Ultimately, the return of Ceuta and Melilla to Morocco is not a viable option under international law, historical context, and the current social fabric of these regions. These territories are integral to Spain and thrive under its governance, offering a model of coexistence and rights that are commendable and worthy of support.

Key Takeaways:

Based on the Treaty of Utrecht, Spain retains control of Gibraltar's 'port town and castle,' not its entire peninsula. The Treaty of Wad Ras settled the sovereignty of Ceuta and Melilla, confirming Spanish control. Historically, these regions have been under European rule for millennia, with no significant period of Moroccan control. Ceuta and Melilla are integral parts of Spain, with their residents enjoying full democratic rights and human rights.