Olivenza territory claimed by Portugal
Olivenza (Spanish: [oliˈβenθa]) or Olivença (Portuguese: [oliˈvẽsɐ]) is a town in southwestern Spain, close to the Portugal–Spain border. It is a municipality belonging to the province of Badajoz, and to the wider autonomous community of Extremadura.
The town of Olivença was under Portuguese sovereignty continuously between 1297 (Treaty of Alcañices) and 1801, when it was occupied by Spain during the War of the Oranges and ceded that year under the Treaty of Badajoz. Spain has since administered the territory (now split into two municipalities, Olivenza and also Táliga), whereas Portugal invokes the self-revocation of the Treaty of Badajoz, plus the Treaty of Vienna of 1815, to claim the return of the territory. In spite of the territorial dispute between Portugal and Spain, the issue has not been a sensitive matter in the relations between these two countries.Olivenza and other neighbouring Spanish (La Codosera, Alburquerque and Badajoz) and Portuguese (Arronches, Campo Maior, Estremoz, Portalegre and Elvas) towns reached an agreement in 2008 to create a euroregion.Claims of sovereignty
Portugal does not recognise Spanish sovereignty over the territory, based on the rulings of the 1815 Congress of Vienna. Spain accepted the Treaty on 7 May 1817; however, Olivença and its surroundings were never returned to Portuguese control and this question remains unresolved and Portugal holds a claim over it. Olivenza was under Portuguese sovereignty from 1297. During the War of the Oranges, French and Spanish troops, under the command of Manuel de Godoy, took the town on May 20, 1801. In the aftermath of that conflict, the Treaty of Badajoz was signed, with the Olivenza territory remaining a part of Spain. According to Portugal, however, the treaty is void since Portugal was coerced into signing it, meaning it does not show the deliberate intent and "free will" necessary for treaty validity under international law and the subsequent position of Portugal after 200 years of not recognising it as a legitimate part of Spain seems to confirm exactly that.
Spain claims ‘de jure’ sovereignty over Olivenza on the grounds that the Treaty of Badajoz still stands and has never been revoked, thus making the case that the border between the two countries in the region of Olivenza should be demarcated as said by the treaty.
Portugal claims de jure sovereignty over Olivenza on the grounds of the cancellation of the Treaty of Badajoz, since it was revoked by its own terms. The breach of any of its articles would lead to its cancellation, and that happened when Spain invaded Portugal in the Peninsular War of 1807. Portugal further bases its case on Article 105 of the Treaty of Vienna of 1815 (which Spain signed in 1817) that states that the winning countries are "committed to employ the mightiest conciliatory effort to return Olivenza to Portuguese authority" and that the winning countries "recognize that the return of Olivenza and its territories must be done". Thus, the border between the two countries in the region of Olivenza should be demarcated by the Treaty of Alcanizes of 1297 and that the duty acknowledged by Spain to give back the region must be carried out.
Spain interprets Article 105 as not being mandatory on demanding Spain to return Olivenza to Portugal, thus not revoking the Treaty of Badajoz.
Even though Portugal has never made a formal claim to the territory after the Treaty of Vienna, it has not directly acknowledged Spanish sovereignty over Olivença either but has funded several projects connected to the region instead of the Spanish Government.
Portuguese military maps do not show the border at that area, implying it to be undefined. Also, the latest road connection between Olivenza and Portugal (entirely paid by the Portuguese state, although it involved the building of a bridge over the Guadiana, an international river) has no indication of the Portuguese border, again implying an undefined status.
There is no research on the opinion of the inhabitants of Olivenza about their status. Spanish public opinion is not generally aware of the Portuguese claim on Olivenza. On the other hand, awareness in Portugal has been increasing under the efforts of pressure groups to have the question raised and debated in public.