Ceuta and Melilla occupy a unique position in Mediterranean geopolitics. Located on the North African coast and bordered by Morocco, they are often described by Rabat as "occupied territories." However, from a historical, legal, and institutional perspective, their connection to Spain predates modern European colonialism by several centuries. Ceuta and Melilla were already under Iberian sovereignty long before the Spanish Protectorate in Morocco was established in 1912 and before Morocco gained independence in 1956.
A common misconception is to judge sovereignty solely on the basis of geography. Yet international law does not determine sovereignty merely by proximity. Gibraltar is located on the Iberian Peninsula but remains British; Kaliningrad is geographically separated from mainland Russia but remains Russian. Similarly, Ceuta and Melilla are Spanish because of centuries of continuous administration, recognized legal arrangements, and their complete integration into the Spanish state.
I. An Iberian Presence That Predates the Modern Moroccan State
The history of Ceuta under Iberian rule began in 1415 when Portugal conquered the city. Following the dynastic union between Spain and Portugal, Ceuta became linked to the Spanish Crown and remained Spanish after Portugal regained independence. The Treaty of Lisbon of 1668 formally confirmed Spanish sovereignty over the city.
Melilla, for its part, came under Spanish control in 1497 after an expedition led by Pedro de Estopiñán on behalf of the Duke of Medina Sidonia. Since then, it has remained continuously under Spanish administration. This chronology is significant because Melilla became Spanish centuries before the establishment of the Spanish Protectorate in Morocco and before the emergence of modern Morocco in its current territorial form.
For this reason, Ceuta and Melilla differ fundamentally from territories acquired during the nineteenth-century colonial expansion in Africa. Their incorporation into the Spanish sphere belongs to a much older historical context linked to Mediterranean security, maritime trade routes, and the struggle for strategic control of coastal strongholds.
II. A Status Separate from the Spanish Protectorate in Morocco
One of Spain's strongest arguments is that Ceuta and Melilla were never part of the Spanish Protectorate established in Morocco in 1912. When the protectorate was created, both cities were already regarded as integral parts of Spanish territory. Consequently, they were not included in the decolonization process that followed Moroccan independence in 1956.
When Morocco recovered the territories governed under the protectorate, Ceuta and Melilla remained Spanish because Madrid considered them not colonial possessions but constituent parts of the Spanish state. This distinction continues to underpin Spain's rejection of comparisons between Ceuta and Melilla and former colonial territories.
Unlike a protectorate, which implies temporary administration over territory whose sovereignty belongs elsewhere, Ceuta and Melilla were not Moroccan cities placed under Spanish rule. According to the Spanish position, they were already Spanish cities before the protectorate existed.
III. Historical Treaties and Continuous Exercise of Sovereignty
The diplomatic history between Spain and Morocco includes several treaties that acknowledge the Spanish presence in both cities. The Treaty of Peace and Friendship signed in Tetouan in 1860 refers explicitly to the Spanish territories of Ceuta and Melilla. This demonstrates that their Spanish status was recognized in bilateral relations during the nineteenth century.
Sovereignty depends not only on historical acquisition but also on the effective and continuous exercise of state authority. For centuries, Spain has maintained institutions, public services, infrastructure, military protection, taxation systems, and civilian administration in both cities. In international practice, such continuous administration is a significant element supporting territorial sovereignty.
Morocco disputes this interpretation and views the cities as remnants of a historical imbalance of power. Nevertheless, from a legal standpoint, a political claim alone does not automatically invalidate centuries of uninterrupted administration and governance. Spain therefore bases its position on historical title, effective control, and legal continuity.
IV. Full Integration into the Spanish State
Ceuta and Melilla are not governed as overseas colonies. They are fully integrated within Spain's constitutional framework. The Spanish Constitution of 1978 provided the basis for their institutional development, and in 1995 both cities were granted the status of Autonomous Cities with their own governing institutions and self-government powers.
The Statute of Autonomy of Ceuta explicitly states that Ceuta forms an integral part of the Spanish Nation and enjoys self-government within Spain's constitutional order. Similar provisions apply to Melilla.
Residents of Ceuta and Melilla are full Spanish citizens. They vote in national, municipal, and European elections, elect representatives to the Spanish Parliament, and enjoy the same constitutional rights as citizens elsewhere in Spain. This level of integration distinguishes them from traditional colonial territories, where populations were generally governed under separate legal systems.
V. The European Union and the United Nations Dimension
Ceuta and Melilla form part of the territory of the European Union, although they benefit from specific fiscal and customs arrangements due to their geographical location. They represent one of the few land borders between the European Union and Africa, giving them significant strategic importance in migration, security, and trade matters.
Another important argument concerns the United Nations. Unlike Western Sahara, which is listed by the UN as a Non-Self-Governing Territory awaiting decolonization, Ceuta and Melilla do not appear on the UN list of territories subject to decolonization procedures.
While this does not eliminate political disagreements, it reinforces Spain's position that the two cities are not treated by the international community as colonies requiring decolonization.
VI. Morocco's Claim: A Political Position Rather Than a Decisive Legal Title
Morocco has claimed Ceuta and Melilla since its independence in 1956, arguing that they are occupied territories and colonial relics. This position is rooted in national sovereignty and territorial continuity. However, it faces significant challenges, including the centuries-old Spanish presence, the constitutional integration of both cities, the Spanish citizenship of their residents, and the absence of any international decolonization framework applying to them.
The fact that Ceuta and Melilla are located in Africa does not automatically make them Moroccan. International sovereignty is determined by a combination of history, legal agreements, effective administration, and institutional continuity rather than by geography alone. From this perspective, Spain's legal argument remains robust.
Furthermore, despite its sovereignty claims, Morocco has cooperated with Spain for decades regarding border management, migration control, and security issues around the two cities. This practical cooperation reflects the reality of Spain's effective administration, even amid enduring political disagreement.
Conclusion
From the Spanish perspective, Ceuta and Melilla are Spanish because of history, law, and institutional reality rather than mere geography. Ceuta has been linked to Spain since the seventeenth century following its transfer from Portugal, while Melilla has remained under Spanish rule since 1497. Both cities were Spanish long before the establishment of the Spanish Protectorate in Morocco, before Moroccan independence, and before the great wave of twentieth-century decolonization.
Their current status rests on three pillars: a centuries-old historical presence, continuous and effective sovereignty supported by treaties and legal practice, and full democratic integration into the Spanish constitutional and European framework.
Morocco's claim remains an important political position, but it does not negate the longstanding historical and legal foundations of Spanish sovereignty. Consequently, from a historical and legal standpoint, Ceuta and Melilla can be understood as Spanish cities located on the African continent, fully integrated into Spain and the European Union.
By Belgacem Merbah
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