British overseas territories
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Image:Location of the BOTs.PNG
A British Overseas Territory is one of 14 (as of 2006) territories which are under the sovereignty of the United Kingdom, but not considered part of the United Kingdom itself.
The name "British Overseas Territory" was introduced by the British Overseas Territories Act 2002, and replaced the name British dependent territory which was introduced by the British Nationality Act 1981. Before that, the territories were known as colonies or crown colonies.
The territories of Jersey, Guernsey and the Isle of Man, though also under the sovereignty of the British Crown, have a slightly different constitutional relationship with the United Kingdom, and are consequently classed as Crown dependencies rather than Overseas Territories.
In a historical context, crown colonies should be distinguished from protectorates and protected states, which though under British control, were nominally independent states.
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[edit] History
The original English colonies in the New World were colonies in the classical sense, in that they were plantations of English subjects in lands hitherto outside the dominions of the Crown. The first such plantation was in Newfoundland, where British fishermen routinely set up seasonal camps in the 16th century.
What later became known as the "Old Empire" began with the first successful permanent colony in "Virginia" (a term that was then applied generally to North America). In 1609, a second colony was established in Bermuda, which, with the loss of the American colonies in 1783, is the oldest British colony in existence.
The growth of the British Empire in the 19th century, to its peak in the 1920s, saw the UK acquire over one quarter of the world's land mass, including territories with large indigenous populations in Asia and Africa, which were held for commercial and strategic reasons rather than for settlement. The late 19th century saw the larger settler colonies — in Canada, Australia, New Zealand and South Africa — becoming self-governing colonies and achieving independence in all matters except foreign policy, defence and trade. Separate self-governing colonies federated to become Canada (in 1867) and the Commonwealth of Australia (in 1901). These and other large self-governing colonies had become known as Dominions by the 1920s. The Dominons achieved full independence with the Statute of Westminster (1931). The Empire was renamed the British Commonwealth to reflect such changes and in 1949 became known as the Commonwealth of Nations. Most of the British colonies in Africa, Asia and the Caribbean achieved independence. Some colonies became Commonwealth Realms, retaining the British monarch as head of state, others became republics but acknowledged the British monarch as Head of the Commonwealth.
The 1980s saw the United Kingdom lose its last mainland colonies, with the independence of Southern Rhodesia (now Zimbabwe) in Africa in 1980 and British Honduras (now Belize) in Central America in 1981. The last major colony that remained was Hong Kong, with a population of over 5 million. Unlike other territories, the bulk of Hong Kong was leased to the UK by China under a 99 year lease that expired in 1997. The United Kingdom negotiated the Sino-British Joint Declaration, which led to the whole of Hong Kong becoming a "special administrative region" of China in 1997, subject to various conditions guaranteeing the preservation of Hong Kong's capitalist economy and its way of life under British rule.
Following the return of Hong Kong, the remaining colonial possessions are generally small island territories with small populations, and the uninhabited British Antarctic Territory. The reasons for these territories not achieving independence vary from:
- lack of support for independence among the local population;
- a small population size making the possibility of success as a sovereign nation more difficult;
- dependence on economic aid from the UK;
- being uninhabited territories used for scientific or military purposes;
- a need for British military presence to guard against hostile neighbours;
- a lack of any economic or political justification for independence.
In 2002, the UK Parliament passed the British Overseas Territories Act 2002. This reclassified the UK's dependent territories as Overseas Territories and, with the exception of those people solely connected with the Sovereign Base Areas of Cyprus, restored full British citizenship to their inhabitants.
The term colony implies an extension of the larger state through settlement, whether in territory claimed by an indigenous population or previously uninhabited. The term came to be applied to most British imperial possessions, even those whose populations were composed overwhelmingly of (usually conquered) indigenous peoples. As the larger settler colonies within the British Empire achieved dominion status, ostensibly equal to that of the United Kingdom, (or, in the case of thirteen North American colonies, achieved total independence) the early twentieth century saw the term colony come to be applied primarily to territories with conquered populations, and not to the bulk of the European-settled territories which the term implied.
Most of the surviving Overseas Territories are a legacy of the English Empire, or of what is often referred to as the Old (British) Empire. As such, most are in the New World, or the Atlantic. All of these are colonies in the true sense in that their populations are the results of settlement, and they were either previously uninhabited (Bermuda), or the native populations had been wiped out by previous European invaders (the Turks & Caicos). Most of these had seen considerable, generally involuntary, immigration from areas other than Britain (primarily, Africa, North America, and Ireland). Although Britain itself has seen immigration from these areas (over a far longer time frame), the nature, timing, and size of this non-British settlement, the resulting racial makeups of many of the populations, and both the legacies of racism, slavery, and economic exploitation, on the one hand, and the attitudes, within and without Britain and its territories, to nationality and ethnicity as they relate to race, on the other, mean that the relationship between Britain and some of its remaining settlements is often seen as more analogous to that which had existed between Britain and some of its now independent territories in Africa or Asia, rather than that with the previous North American or Australasian territories. This is the case even though the language, and the political and social traditions of these territories are unarguably drawn from Britain. Even in Britain's oldest colony, Bermuda, which was settled by England in 1609, and where the overwhelming majority of the population has African ancestry, and a small minority of citizens and non-citizen expatriate workers of European ancestry, conflicting ideas of the territory as a subject people ruled by a foreign power, or as a largely autonomous extension of Britain, and the British state, still cause political and social turmoil. Many former territories with membership in the United Nations have worked to create an imperative, at that level, for all member states to move their territories towards political independence. They do not make a distinction between territories whose populations resulted from settlement (whether drawn from the 'mother' country or elsewhere), and those which resulted from the extension of political control over a foreign population and its territory. There is also no distinction made by the UN between those territories with any degree of local autonomy and those governed entirely from the outside, with no suffrage for the territorial population, either at the territorial or the national level. There is also no distinction made between territories whose populations are content and prosperous under their current arrangements, with no majority support for independence, and those which are repressed, exploited and in which independence would immediately result if democratic principles were applied. This attitude from the UN has brought it into conflict with both the United Kingdom and its territories, as all remaining territories are able to move democratically to independence, and the outside pressure of the UN to push them towards independence is seen as itself undemocratic, and indicative of the tyrannic qualities often attributed to imperialism. The pressure from the UN is taken as providing legitimacy to minority democratic movements as they push for independence, often through less-democratic means, and is resented by some as undermining both democracy and the local economies. The UN has the stated policy of moving all territories either to complete integration within the larger state, or complete independence. The UK position is that the UN makes no allowance for the wishes of the populations of those colonies, and fails to weigh the economic and political interests of those colonies, when neither would be improved, or either might be threatened, by independence or integration.
[edit] Current Overseas Territories
[edit] Government
[edit] Head of State
The head of state in the Overseas Territories is the British monarch, currently Queen Elizabeth II. The Queen's role in the territories is in her role as Queen of the United Kingdom, and not in right of each territory. The Queen appoints a representative in each territory to exercise her executive power. In territories with a permanent population, a Governor is appointed by the Queen on the advice of the British Government, usually a retired senior military officer, or a senior civil servant. In territories without a permanent population, a Commissioner is usually appointed to represent the Queen. For Overseas Territories with dependencies, the Governor may appoint an Administrator to represent him or her in that dependency.
The role of the Governor is to act as the de facto head of state, and they are usually responsible for appointing the head of government, and senior political positions in the territory. The Governor is also responsible for liaising with the UK Government, and carrying out any ceremonial duties. A Commissioner has the same powers as a Governor, but also acts as the head of government.
[edit] Government
All the Overseas Territories have their own system of government, and localised laws. The structure of the government appears to be closely correlated to the size and political development of the territory.
| Territories | Government |
|---|---|
| No native population, therefore there is no elected government. The Commissioner, supported by an Administrator run the affairs of the territory. | |
| There is no elected government, and currently has no native settled population. However, the Chagos Islanders - who were forcibly evicted from the territory in 1971 and might reasonably considered to be that territory's people - are currently defending an appeal against a English High Court judgment which quashed an Order preventing them from returning. | |
| There is no elected government, however the British military authorities try to ensure convergence of laws with those of the Republic of Cyprus where possible. | |
| There is an elected Mayor and Island Council, who have the power to propose and administer local legislation. However, their decisions are subject to approval by the Governor, who retains near-unlimited powers of plenary legislation on behalf of the United Kingdom Government. | |
| The Government consists of an elected Legislative Council. The Governor is the head of government and leads the Executive Council, consisting of appointed members made up from the Legislative Council and two ex-offico members. | |
| These larger territories have a larger Legislative Council, with political parties. The Executive Council is usually called a cabinet and is led by a Chief Minister (except in the Cayman Islands, which have a Leader of Government Business), who is the leader of the majority party in parliament. The Governor exercises less power over local affairs and deals mostly with foreign affairs and economic issues, while the elected government controls most "domestic" concerns. | |
| Bermuda, settled in 1609, is the oldest and most populous of the Overseas Territories, and most executive powers have been devolved to the head of government, known as the Premier. Its system of government is very similar to that of a sovereign Commonwealth Realm. The UK government retains only minor powers, exercised through the Governor, but most of those are handed to local ministers for day-to-day purposes. Bermuda's Parliament held its first session in 1620, and Bermuda has been largely self-governed and self-sufficient since then.
The Turks and Caicos Islands adopted a new constitution effective 9 August 2006; their head of government now also has the title Premier, and their autonomy has been greatly increased. |
[edit] Legal system
Each Overseas Territory has its own legal system independent of the United Kingdom. The legal system is generally based on English common law, with some distinctions for local circumstances. Each territory has its own Attorney General, and court system. For the smaller territories, the UK may appoint a UK-based lawyer or judge to work on legal cases. This is particularly important for cases involving serious crimes and where it is impossible to find a jury who will not know the defendant in a small population island.
The Pitcairn rape trial of 2004 is an example of how the UK may choose to provide the legal framework for particular cases where the territory cannot do so alone.
[edit] Relations with the UK
The Foreign and Commonwealth Office have the responsibility of looking after the interests of all Overseas Territories except one. The Overseas Territory Department is headed by the Foreign Office Minister for the Overseas Territories, currently the Parliamentary Under Secretary of State David Triesman, Baron Triesman. The exception is the Sovereign Base Areas territory, which comes under the jurisdiction of the Ministry of Defence.
In 1999, the FCO published the Partnership for Progress and Prosperity: Britain and the Overseas Territories report which set out the UK's policy for the Overseas Territories, covering four main areas:
- Self-determination
- Responsiblities of the UK and the territories
- Democratic autonomy
- Provision for help and assistance
The UK and the Overseas Territories do not have diplomatic representations, although the governments of the Overseas Territories with indigenous populations (except Bermuda) all retain a representative office in London. The United Kingdom Overseas Territories Association also represents the interests of the territories in London.
The UK provides financial assistance to the Overseas Territories via the Department of International Development. Currently only Montserrat and Saint Helena receive budgetary aid (ie financial contribution to recurrent funding). Several specialist funds are made available by the UK, including:
- The Good Government Fund which provides assistance on government administration;
- The Economic Diversification Programme Budget which aim to diversify and enhance the economic bases of the territories
[edit] Foreign Affairs
Foreign Affairs of the Overseas Territories are handled by the Foreign and Commonwealth Office in London. However some territories maintain diplomatic officers in nearby countries for trade and immigration purposes. Several of the Caribbean territories maintain membership of the Organisation of Eastern Caribbean States and the Caribbean Community. None of the territories is a member of the Commonwealth of Nations, although they do take part in the Commonwealth Games.
Gibraltar is the only Overseas Territory that is part of the European Union (EU), although it is not part of the customs union. None of the other Overseas Territories are members of the EU, and the main body of EU law does not apply and, although certain slices of EU law are applied to those territories as part of the EU's Association of Overseas Countries and Territories (OCT Association), they are not commonly enforceable in local courts. The OCT Association also provides Overseas Territories with structural funding for regeneration projects.
Since the extension of British citizenship to most 'belongers' of Overseas Territories (mainly since the British Overseas Territories Act 2002), the citizens of those territories hold concurrent European Union citizenship, giving them rights of free movement across all EU member states.
Several nations dispute the UK's sovereignty in the following Overseas Territories:
- British Antarctic Territory -- sovereignty claim suspended by the Antarctic Treaty, counter claims by Chile and Argentina
- British Indian Ocean Territory -- claimed by Mauritius and Seychelles
- Falkland Islands -- claimed by Argentina
- Gibraltar -- claimed by Spain
- South Georgia and the South Sandwich Islands -- claimed by Argentina
[edit] Citizenship
None of the Overseas Territories have their own nationality status, and all citizens are classed as British Overseas Territories citizens (BOTC). They do however, have legislative independence over immigration, and holding the status of a BOTC does not automatically give a person a right to abode in any of the territories, as it depends on the territory's immigration laws. A territory may issue Belonger status to allow a person classed as a BOTC to reside in the territory that they have close links with. Non-BOTC citizens may acquire Belonger status in order to reside in a particular territory (and may subsequently become naturalised BOTC if they wish).
Historically, most inhabitants of the former British Empire held the status of British subject, which was usually lost upon independence. From 1949, British subjects in the United Kingdom and the remaining crown colonies became citizens of the United Kingdom and Colonies. However changes in British immigration and nationality law between 1962 and 1983 saw the creation of a separate British Dependent Territories citizenship, with most territories denied full British citizenship. This was mainly to prevent a mass exodus of the citizens of Hong Kong to the UK before the agreed handover to China in 1997. Exceptions were made for Gibraltar, and the Falkland Islands.
However, the British Overseas Territories Act 2002 replaced dependent territory citizenship with British Overseas Territories citizenship, and granted full British citizenship to all BOTCs except those from the Sovereign Base Areas of Cyprus. This restored to BOTCs the right to reside in the UK.
British citizens do not, however, have an automatic right to reside in any of the Overseas Territories. Some territories prohibit immigration, and any visitors are required to seek the permission of the territory's government to live in the territory. As they are used primarily as military bases, Ascension Island and the British Indian Ocean Territory do not allow visitors to the territory unless on official business.
[edit] Military
Defence of the Overseas Territories is the responsibility of the UK. Many of the Overseas Territories are used as military bases by the UK and its allies.
- Ascension Island (a dependency of Saint Helena) - RAF Ascension Island is used by both the Royal Air Force and the United States Air Force.
- Bermuda became the primary Royal Navy base in the Western Hemisphere, following US independence. The Naval establishment included an admiralty, a dockyard, and a naval squadron. A considerable military garrison was built up to protect it, and the Bermuda, which the British Government came to see as a base, rather than as a colony, was known as the Gibraltar of the West. Canada and the USA also established bases in Bermuda during the Second World War, which were maintained through the Cold War. Since 1995, the military force in Bermuda has been reduced to the local territorial battalion, the Bermuda Regiment.
- British Indian Ocean Territory - the island of Diego Garcia is home to a large naval base and airbase leased to the United States by the United Kingdom.
- Falkland Islands - British Forces Falkland Islands includes commitments from the British Army, Royal Air Force and Royal Navy.
- Gibraltar - Royal Navy dockyard, also used by NATO. RAF Gibraltar - used by RAF and NATO. The local garrison is manned by the Royal Gibraltar Regiment.
- The Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus are maintained as a strategic British military base in the eastern Mediterranean Sea.
[edit] Symbols and insignia
Each Overseas Territory has been granted its own flag and coat of arms by the British monarch. Traditionally, the flags follow the Blue Ensign design, with the Union Flag in the canton, and the territory's coat of arms in the fly. Exceptions to this are Bermuda which uses a Red Ensign; British Antarctic Territory which uses a White Ensign; British Indian Ocean Territory which uses a Blue Ensign with wavy lines to symbolise the sea; and Gibraltar which uses a banner of its coat of arms.
The Sovereign Base Areas of Akrotiri and Dhekelia are the only British Overseas Territories without an official flag of their own. The Union Flag is used in this territory.
Overseas territories: Anguilla | Bermuda | British Antarctic Territory | British Indian Ocean Territory | British Virgin Islands | Cayman Islands | Falkland Islands | Gibraltar | Montserrat | Pitcairn Islands | Saint Helena | South Georgia and the South Sandwich Islands | Tristan da Cunha | Turks and Caicos Islands
Crown dependencies: Guernsey (Alderney) | Jersey | Isle of Man
[edit] Gallery of images
View of RAF Ascension Island |
City Hall, Hamilton, Bermuda |
View of the military base at Diego Garcia, British Indian Ocean Territory |
|
View of Jamestown, Saint Helena |
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Garrison HQ at Dhekelia |
[edit] See also
- British Overseas Territories Act 2002
- British Overseas Territories citizen
- Foreign and Commonwealth Office
- Colonial Department
- Secretary of State for the Colonies
- Colonial Office
- British Empire
- Crown dependency
- Self-governing colony
- Dominion
- Commonwealth Realm
[edit] Further reading
- Simon Winchester: Outposts: Travel to the Remains of the British Empire (published in 1985 in the UK as Outposts: Journeys to the Surviving Relics of the British Empire also in the US as The Sun Never Sets: Travels to the Remaining Outposts of the British Empire.)
[edit] External links
- Foreign and Commonwealth Office- "UK Overseas Territories"
- The Commonwealth - UK government site
- Decolonisation - History links for the end of the European formal Empires, casahistoria.net
- UK Overseas Territories Conservation Forum
- British Overseas Territories Act 2002- Text of the Act
- United Kingdom Overseas Territories Association
- Britlink - The British Overseas Territories
Overseas territories: Anguilla • Bermuda • British Antarctic Territory • British Indian Ocean Territory • British Virgin Islands • Cayman Islands • Falkland Islands • Gibraltar • Montserrat • Pitcairn Islands • Saint Helena (Ascension Island, Tristan da Cunha) • South Georgia and the South Sandwich Islands • Turks and Caicos Islands
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