“Ceuta and Melilla are not just Spanish, they are quintessentially Spanish and untouchable”, said Spain’s Defence Minister Margarita Robles, speaking days after the surge of irregular migrants from Morocco who stormed the Spanish border last July.
The sovereignty of Ceuta and Melilla regularly returns to public debate, fuelled by Rabat’s claims and by renewed migratory tensions on the North African border. After the migration crisis that unfolded in Ceuta, several Moroccan politicians seized the moment to call for both Spanish autonomous cities to become part of Morocco.
The narrative that both cities are “colonial remnants” is often deployed as a political argument, but history, international law and the United Nations (UN) itself contradict this premise.
Since when have Ceuta and Melilla been Spanish?
To understand the special status of both enclaves, it is necessary to go back to the 15th and 16th centuries, a time when the concept of “colonialism” did not yet exist in the modern terms we understand today.
Melilla was incorporated into the Crown of Castile on 17 September 1497 by an expedition led by Pedro de Estopiñán and authorised by the all-powerful Catholic Monarchs, Isabella and Ferdinand. The capture served a strictly defensive objective: to secure the Strait and protect the peninsular coasts from Barbary piracy.
Ceuta was initially conquered by Portugal in 1415 and came under Spanish sovereignty in 1580 following the dynastic union under Philip II, after he inherited the Portuguese throne. When Portugal regained its independence in 1640, Ceuta freely chose to remain linked to the Spanish monarchy, a decision legally ratified in the Treaty of Lisbon of 1668.
Both cities have spent between 358 and 529 years without interruption under Spanish sovereignty and have never belonged to the Kingdom of Morocco.
Did Morocco exist when they were incorporated into Spain?
Not in the form of a contemporary unified state. The Alaouite dynasty, which currently rules the country under Mohammed VI, began its reign in 1666.
This means that Melilla, for example, had already been part of the Castilian Crown for more than 160 years before the founding of the dynasty that underpins modern Morocco.
The nuance between 19th-century expansions and the Protectorate
To carry out a rigorous analysis, it is necessary to consider a nuance highlighted by various historians: around 90% of the current urban area of both cities stems from territorial extensions carried out throughout the 19th century and the early 20th century. This coincided with the era of European expansion in Africa and with the establishment of the Spanish Protectorate in Morocco (1912-1956).
The size of the cities grew through border treaties, but their sovereignty was already established 300 years earlier and they were never managed as a temporary colony, but as national territory.
However, there is an underlying legal distinction:
– The legal title to sovereignty over the original territory is several centuries older than Moroccan independence.
– Neither Ceuta nor Melilla ever formed part of the Protectorate. While Moroccan territory was under temporary administration, the two enclaves retained without interruption their status as national territory under full Spanish sovereignty.
The key position of the UN and the international community
The ultimate legal backing for Spain’s position comes from the multilateral arena.
In 1975, the Moroccan government formally asked the UN to add Ceuta and Melilla to the list of “territories pending decolonisation” (which does include Western Sahara, occupied by Morocco and whose citizens Spain intends to grant nationality to). The UN rejected the request.
To this day, the United Nations does not consider them colonies or include them in any list of territories to be decolonised. Strategic allies such as the United States, despite its current closeness to the Moroccan regime, formally recognise both cities as part of Spain’s sovereign territory.
Furthermore, with the entry into force of their Statutes of Autonomy in 1995, they were consolidated as Autonomous Cities, fully integrated into the European Union and represented in the Spanish Congress and Senate.
Claims about the alleged “colonial” nature of Ceuta and Melilla may reflect Rabat’s short-term geopolitical strategies, but they do not stand up to historical scrutiny or to the legal framework of international law.