British overseas territories
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The British overseas territories are 14 territories throughout the world that are under the sovereignty of the United Kingdom (UK). They are not classed as part of the UK, although, from 2002, the inhabitants of all but one again have full British citizenship.
Restrictions on the rights of abode and work had first been placed on citizens from the then colonies by an Act of 1971. Following the government statement that the Crown Colony of Hong Kong would be returned to China when the British lease expired, an Act was passed in January, 1982, which separated citizens of the colonies into a new class of citizenship. Prior to that, one citizenship, "Citizen of the United Kingdom of Great Britain, Northern Ireland, and Colonies", had sufficed. As of 1 January, 1983, colonials became British: British Dependant Territories Citizens, with the name of the newly 'dependant territory' following in parentheses. The reason for a year being allowed to pass before the Act went into effect was to allow the local governments of the Colonies to lodge protests. The only colony which protested was the Falkland Islands, which was invaded by Argentina in that year. Full British citizenship was later returned to citizens in Gibraltar following their difficulties with Spain. Many citizens in the remaining territories saw this exclusion of all but those two territories with an overwhelmingly white population as revealing a racial imperative. A similar suspicion was widely harboured about the distinction made between the Dependant Territories and the British Crown Dependencies (see below). Conservative Party back benchers had reported that it was the policy of the party then in Government to return full British citizenship to the Dependant Territories (a term which caused great ire within those territories, especially in Bermuda) once Hong Kong had returned to China, but the official policy of the Government made no reference to this. In any case, the Conservative Party was no longer in power after the return of Hong Kong. The Labour Party, in its victorious campaign under Tony Blair, however, declared that the Dependant Territories had been 'hard-done by', and that a single citizenship would again encompass them, repairing rights of abode and work in the UK, as well as within the European Union. This was not the Labour Party's highest priority, however, and the press of other business meant that it failed to make good on its promise during its first term in Government. The House of Lords finally tabled and passed its own bill, passing it down to the House of Commons for confirmation, the reverse of the normal procedure. The territories are the last remaining overseas possessions of the British Empire that have not chosen independence. This can be due to several different reasons ranging from a wish to retain ties with the United Kingdom; while others are small or uninhabited lands that cannot become independent.
The much-loathed term "Dependant Territory" was replaced with "Overseas Territory" at the same time that full citizenship was returned to those territories in 2002. The Sovereign Base Areas in Cyprus are governed as an overseas territory by the British military. The term does not apply to Jersey, Guernsey or the Isle of Man which are classed as Crown dependencies, as they are possessions of the British Crown.
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History
Template:Main Image:Hong Kong handover.jpg England's imperial aspirations, beyond its immediate Celtic neighbours, and the claims made by its one-time Norman rulers on French territory, began with its claiming of Newfoundland, where English fishermen routinely set up seasonal camps in the 16th Century. The "Old Empire" began, however, with the first succesful permanent colony in 'Virginia' (a term that was then applied generally to North America). The colony, Jamestown, was established by a private company, the Virginia Company, operating under Royal Charter. Following the wrecking of the Company's flag ship in Bermuda in 1609, its charter was extended to include that second colony, the oldest British colony remaining following US independence. The major European imperial power in the New World, at that time, was Spain. Spain's power, however, diminished as England, and then, following its unification with Scotland in 1707, Britain slowly extended its reach southward, into Florida and the West Indies. Britain's main competitor in the 18th Century became France, until British victory in the Seven Years War gave it supremacy in North America. This led to British settlers pressing westward into the territories of former Native American allies which Britain no longer felt the need to court. This led to Pontiac's Rebellion, which inflamed the entire border. The response of the British Government was to denote the Appalachians as the westward limit for European settlement. This interference into the aspirations of wealthy colonial land speculators, like George Washington, and of poorer settlers wanting to settle on Indian land, was the primary cause of the American War of Independence. The loss of the 13 American colonies seriously affected the economics of the remaining Empire, and simultaneously cost Britain a substantial part of her merchant fleet, and placed those vessels into competition. Britain's ascendancy as a maritime power had largely been due to the abundance of American timber. Her response to this loss was to develop Canada, and especially its lumber and ship building industries. Left with Canada, The Maritimes, Bermuda, and various West Indian islands, Britain redirected its imperial ambitions elsewhere. The growth of the British Empire in the early 18th century, to its peak in the 1920s, saw the UK acquire over one quarter of the world's land mass. These territories were classed as colonies, and ruled by a Governor appointed by the British Government. Eventually some of the larger colonies - Canada, Australia, New Zealand and South Africa - began to achieve degrees of independence between 1867 and 1910, obtaining dominion status by the 1920s, and achieving full legislative independence with the Statute of Westminster 1931. After World War II, the Empire gradually transformed into the Commonwealth of Nations with most of the British colonies in Africa, Asia and the Caribbean achieving independence. Some colonies became Commonwealth Realms, retaining the British monarch as head of state, others becoming republics but acknowledged the British monarch as Head of the Commonwealth.
The largest of the British colonies after 1980 was Hong Kong. Unlike other territories, the bulk of Hong Kong was leased to the UK by China under a 99 year lease due to expire in 1997. China made it clear to the UK that it would not extend the lease and would expect the territory to revert to Chinese sovereignty in 1997. However the idea of handing over the largely democratic and economically successful colony of Hong Kong to Communist China was not appealing to the British Government. Yet there was no realistic hope of retaining the colony without devastating the local population and economy if China were to attempt to seize it by force, leading the Government to sign the Sino-British Joint Declaration agreeing to Hong Kong becoming a "Special Administrative Region" of the PRC 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 were small island territories with relatively small populations, and the uninhabited Antarctic Territory. The reasons for these territories not achieving independence varied from:
- a small population size making the possibility of success as a sovereign nation small;
- dependence on economic aid from the UK;
- uninhabited territories used for scientific or military purposes;
- need for British military presence to guard against hostile neighbours;
- and wish to keep ties with the UK for cultural reasons.
- a lack of any economic or political justification for such a move.
In 2002, the UK Parliament passed the British Overseas Territories Act 2002. This redescribed the UK's dependent territories and crown colonies as overseas territories and, with the exception of those people solely connected with the Sovereign Base Areas of Cyprus, granted these territories' citizens full British citizenship.
Current overseas territories
Government
Head of State
The head of state in the overseas territories is the British monarch, currently Elizabeth II of the United Kingdom. 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 an indigenous 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 an indigenous 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.
Government
All the overseas territories have their own system of government, and localised laws. The structure of the government is dependent on the size 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, however the British military authorities try to ensure convergence of laws with those of the Republic of Cyprus where possible. | |
| The Government consists of an elected Legislative Council, headed by a Chief Minister. 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, who is the leader of the majority party in parliament. The Governor exercises less power over local affairs and deal 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. It's Parliament held its first session in 1620, and Bermuda has been largelly self-governed and self-sufficient since then. |
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.
Relations with the UK
The Foreign and Commonwealth Office have the responsibility of looking after the interests of the overseas territories. 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
Foreign Affairs
Image:BAT map.gif 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 Caribbean Community. None of the territories is a member of the Commonwealth of Nations, although they do take part in the Commonwealth Games. Template:Main 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 territory are members of the EU, and EU law does not apply, although as British citizens (mainly since the British Overseas Territories Act 2002), they are classed as European citizens. Despite not being formally part of the EU, the overseas territories are eligble for structural funding from the EU for regeneration projects.
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
Citizenship
Template:Main 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-British citizens may acquire Belonger status in order to reside in a particular territory (and may subsequently become naturalised BOTC if they wish).
Historically, citizens in the British Empire held the status of British Subject, which was usually lost upon independence. However changes in British nationality law in the late 20th century, saw the creation of different classifications of citizenship for the dependent territories, 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 which are both claimed by neighbouring countries.
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 provides the right to reside in the UK. However British citizens do not acquire 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. 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.
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.
- 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 Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus are maintained as a strategic British military base in the eastern Mediterranean Sea.
Symbols and insignia
Each overseas territory has been granted its own flag and coat of arms by the British monarch. Traditonally, 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 territory without an official flag of their own. The Union Flag is used in this territory.
Template:British dependencies flags Template:British dependencies arms
Gallery of images
See also
- British Overseas Territories Act 2002
- British Overseas Territories citizen
- British Empire
- Crown dependency
- Self-governing colony
- Dominion
- Commonwealth Realm
Further reading
- Simon Winchester: Outposts: Travel to the Remains of the British Empire (published in the UK as Outposts: Journeys to the Surviving Relics of the British Empire), 1985, reissued in 2003
External links
- Foreign and Commonwealth Office- "UK Overseas Territories"
- UK Overseas Territories Conservation Forum
- British Overseas Territories Act 2002- Text of the Act
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