British Overseas Territories

Geography

Collectively, the territories encompass a land area of about 480,000 sq nmi (1,600,000 km²). The vast majority of this land area constitutes the almost uninhabited British Antarctic Territory (the land area of all the territories excepting the Antarctic territory is only 18,015 km² [6,956 sq mi]). The smallest by land area is Gibraltar, which lies on the southern tip of the Iberian Peninsula. The United Kingdom participates in the Antarctic Treaty System and, as part of a mutual agreement, the British Antarctic Territory is recognised by four of the six other sovereign nations making claims to Antarctic territory.

Present overseas territories

The 14 British Overseas Territories are:

Map

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History

Early colonies, in the sense of English subjects residing in lands hitherto outside the control of the English government, were generally known as plantations. The first, unofficial, colony was Newfoundland Colony, where English fishermen routinely set up seasonal camps in the 16th century. It is now a province of Canada known as Newfoundland and Labrador.

After failed attempts, including the Roanoke Colony, the permanent English colonisation of North America began officially in 1607 with the settlement of Jamestown, the first successful permanent colony in Virginia (a term that was then applied generally to North America). Its offshoot, Bermuda, was settled inadvertently after the wrecking of the Virginia Company's flagship there in 1609, with the company's charter extended to officially include the archipelago in 1612. St. George's town, founded in Bermuda in that year, remains the oldest continuously inhabited British settlement in the New World (with some historians stating that – its formation predating the 1619 conversion of James Fort into Jamestown – St. George's was actually the first successful town the English established in the New World). Bermuda and Bermudians have played important, sometimes pivotal, but generally underestimated or unacknowledged roles in the shaping of the English and British transatlantic empires. These include maritime commerce, settlement of the continent and of the West Indies, the projection of naval power via the colony's privateers, and its role after the independence of the thirteen colonies that became the United States of America as an Imperial fortress, among other areas.

The growth of the British Empire in the 19th century, to its territorial peak in the 1920s, saw Britain acquire nearly one quarter of the world's land mass, including territories with large indigenous populations in Asia and Africa. From the middle of the 19th century to the early 20th century, the larger settler colonies – in Canada, Australia, New Zealand and South Africa – first became self-governing colonies and then achieved independence in all matters except foreign policy, defence and trade. Separate self-governing colonies federated to become Canada (in 1867), Australia (in 1901), South Africa (in 1910) and Rhodesia (in 1965). These and other large self-governing colonies had by the 1920s become known as dominions. The dominions achieved almost full independence with the Statute of Westminster (1931).

Through a process of decolonisation following the Second World War, most of the British colonies in Africa, Asia and the Caribbean chose independence. Some colonies became Commonwealth realms, retaining the monarch as their own head of state. Most former colonies and protectorates became member states of the Commonwealth of Nations, a non-political, voluntary association of equal members, comprising a population of around 2.2 billion people.

After 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. With 1997 approaching, the United Kingdom and China 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 intended to guarantee the preservation of Hong Kong's capitalist economy and its way of life under British rule for at least 50 years after the handover. George Town, Cayman Islands, has consequently become the largest city among the dependent territories, partly because of the constant and healthy flow of immigration to the city and the territory as a whole, which saw its population jump 26% from 2010 to 2021, the fastest population growth of any of the territories.

Before 1 January 1983, the territories were officially referred to as the Crown Colonies. At that time, they were renamed British Dependent Territories. In 2002, the British Parliament passed the British Overseas Territories Act 2002, which introduced the current name of British Overseas Territories. This reclassified the UK's dependent territories as overseas territories and, except for those people solely connected with the Sovereign Base Areas on Cyprus, restored full British citizenship to their inhabitants.

During the European Union (EU) membership of the United Kingdom, the main body of EU law did not apply and, although certain slices of EU law were applied to the overseas territories as part of the EU's Association of Overseas Countries and Territories (OCT Association), they were not commonly enforceable in local courts. The OCT Association also provided overseas territories with structural funding for regeneration projects. Gibraltar was the only overseas territory that was part of the EU, although it was not part of the European Customs Union, the European Tax Policy, the European Statistics Zone or the Common Agriculture Policy. Gibraltar was not a member of the EU in its own right; it received representation in the European Parliament through its being part of the South West England constituency. Overseas citizens held concurrent European Union citizenship, giving them rights of free movement across all EU member states. The Sovereign Base Areas in Cyprus were never part of the EU, but they are the only British Overseas Territory to use the Euro as official currency, having previously had the Cypriot pound as their currency until 1 January 2008.

On 15 May 2023, the sixteen heraldic shields of the British Overseas Territories and the three coat of arms of the Crown Dependencies were "immortalised" in two new stained-glass windows, unveiled in the Speaker's House at the New Palace of Westminster. Speaker of the House of Commons, Sir Lindsay Hoyle said "The two windows represent part of our United Kingdom family".

Following the Chagos Archipelago handover agreement, the UK government is also due to introduce legislation to implement the agreement, including amending the British Nationality Act 1981 to reflect that the British Indian Ocean Territory is no longer an overseas territory following Parliament's ratification of the treaty.

Government

Head of state

The head of state in the overseas territories is the British monarch, currently King Charles III. The monarch appoints a representative in each territory to exercise the executive power of the monarch. In territories with a permanent population, a governor is appointed by the monarch on the advice of the British government. Currently (2019), all but two governors are either career diplomats or have worked in other civil service departments. The remaining two governors are former members of the British armed forces. In territories without a permanent population, a commissioner is usually appointed to represent the monarch. Exceptionally, in the overseas territories of Saint Helena, Ascension, Tristan da Cunha and the Pitcairn Islands, an administrator is appointed to be the governor's representative. In the territory of Saint Helena, Ascension and Tristan da Cunha, there is an administrator in each of the two distant parts of the territory, namely Ascension Island and Tristan da Cunha. The administrator of the Pitcairn Islands resides on Pitcairn, with the governor based in New Zealand.

Following the Lords' decision in Ex parte Quark, 2005, it is held that the King, in exercising his authority over British Overseas Territories, does not act on the advice of the government of the UK, but in his role as King of each territory, except fulfilling the UK's international responsibilities for its territories. The reserve powers of the Crown for each territory are no longer considered to be exercisable on the advice of the UK government. To comply with the court's decision, the territorial governors now act on the advice of each territory's executive, and the UK government can no longer disallow legislation passed by territorial legislatures. 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.

Local government

Although the British Government is the national government, most governance within the territories has been delegated locally, as all territories bearing a permanent population have some form of representative body that holds responsibility for local legislation (the only exception having been British Hong Kong). All Britons living in an overseas territory have irrevocable guarantees of the same rights they would have if born in England, except for representation in the national Parliament of the United Kingdom. The structure of each territorial government mostly parallels the size and political development of the territory.

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 United Kingdom 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. Whilst many are geographically remote, the British Overseas Territories share a direct connection with elements of supervisory governance (as did the now independent Commonwealth Nations) still exercisable by the UK's Government in London, UK.

The 2004 Pitcairn Islands sexual assault trial is an example of how the United Kingdom may choose to provide the legal framework for particular cases where the territory cannot do so alone. The highest court for all the British Overseas Territories is the Judicial Committee of the Privy Council in London.

Law enforcement

The British Overseas Territories generally look after their own policing matters and have their own police forces. In smaller territories, the senior officer(s) may be recruited or seconded from a UK law enforcement agency, and specialist staff and equipment may be sent to assist the local force. Some territories may have other forces beyond the main territorial police, for instance, an airport police, such as Airport Security Police (Bermuda), or a defence police force, such as the Gibraltar Defence Police. In addition, most territories have customs, immigration, border and coastguard agencies. Territories with military bases or responsibilities may also have "Overseas Service Police", members of the British or Commonwealth Armed Forces.

Joint Ministerial Council

A Joint Ministerial Council of UK ministers and the leaders of the overseas territories has been held annually since 2012 to provide representation between UK government departments and overseas territory governments.

Disputed sovereignty

The British Antarctic Territory overlaps with territory claims by both Argentina and Chile. However, territorial claims on the continent may not currently be advanced, under the holding measures of the Antarctic Treaty System.

Gibraltar was captured from Spain in 1704 by a force led by Admiral Sir George Rooke representing the Grand Alliance on behalf of the Archduke Charles, pretender to the Spanish throne. Spanish attempts to regain the territory failed, and it was eventually ceded to the Kingdom of Great Britain under the 1713 Treaty of Utrecht as part of the settlement of the War of the Spanish Succession.

The British Indian Ocean Territory (BIOT) was the subject of a territorial dispute with Mauritius, the government of which claims that the separation of the Chagos Archipelago from the rest of British Mauritius in 1965, three years before Mauritius was granted independence from the United Kingdom, was unlawful. The long-running dispute was referred in 2017 to the International Court of Justice, which issued an advisory opinion on 25 February 2019, which supported the position of the government of Mauritius. On 3 October 2024, British Prime Minister Keir Starmer and Mauritian Prime Minister Pravind Jugnauth jointly announced that an agreement had been reached under which the UK would cede sovereignty over the territory. Under the deal, Diego Garcia will be excluded from any resettlement, and the UK will continue to administer the island for at least 99 years.

United Nations list of non-self-governing territories

Of the eleven territories with a permanent population, all except the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus continue to be listed by the UN Special Committee on Decolonization as non-self-governing territories since they were listed as dependent territories by the UK when it joined the UN in 1945. This means that the UK remains the official administrative power of these territories, and under Article 73 is therefore required "to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions."

Relations with the United Kingdom

Historically the Secretary of State for the Colonies and the Colonial Office were responsible for overseeing all British Colonies, but today the Foreign, Commonwealth and Development Office (FCDO) has the responsibility of looking after the interests of all overseas territories except the Sovereign Base Areas of Akrotiri and Dhekelia, which comes under the jurisdiction of the Ministry of Defence. Within the FCDO, the general responsibility for the territories is handled by the Overseas Territories Directorate.

In 2012, the FCO published The Overseas Territories: security, success and sustainability which set out Britain's policy for the Overseas Territories, covering six main areas:

• Defence, security and safety of the territories and their people
• Successful and resilient economies
• Cherishing the environment
• Making government work better
• Vibrant and flourishing communities
• Productive links with the wider world

Britain and the Overseas Territories do not have diplomatic representations, although the governments of the overseas territories with indigenous populations all retain a representative office in London. The United Kingdom Overseas Territories Association (UKOTA) also represents the interests of the territories in London. The governments in both London and the territories occasionally meet to mitigate or resolve disagreements over the process of governance in the territories and levels of autonomy.

Britain provides financial assistance to the overseas territories via the FCDO (previously the Department for International Development). As of 2019, only Montserrat, Saint Helena, Pitcairn and Tristan da Cunha receive budgetary aid (i.e. financial contribution to recurrent funding). Several specialist funds are made available by the UK, including:

• The Good Government Fund, which assists with government administration.
• The Economic Diversification Programme Budget, which aims to diversify and enhance the economic bases of the territories.

The territories have no official representation in the UK Parliament, but have informal representation through the all-party parliamentary group, and can petition the UK government through the Directgov e-Petitions website.

Two national parties, UK Independence Party and the Liberal Democrats, have endorsed calls for direct representation of overseas territories in the UK Parliament, as well as backbench members of the Conservative Party and Labour Party.

On 29 January 2024, the Chief Minister of Gibraltar Fabian Picardo addressed the House of Commons Procedure Committee, discussing Gibraltar's representation in the UK Parliament. He highlighted that the UK Government's "Votes for Life" policy now allows all Gibraltarians who have previously lived in the UK, such as students, to register to vote in UK general elections, regardless of how long ago they lived there. However, Picardo noted that there is currently no formal mechanism to ensure Gibraltar's interests are represented under the constituency system, relying instead on the voluntary interest of individual MPs, such as those in the All-Party Parliamentary Group on Gibraltar. He acknowledged the challenge of balancing Westminster representation with Gibraltar's self-governance but suggested that the evolving devolution landscape could provide a framework for addressing this issue.

Foreign affairs

Foreign affairs of the overseas territories are handled by the FCDO in London. Some territories maintain diplomatic officers in nearby countries for trade and immigration purposes. Several of the territories in the Americas maintain membership within the Organisation of Eastern Caribbean States, the Caribbean Community, the Caribbean Development Bank, Caribbean Disaster Emergency Management Agency and the Association of Caribbean States. The territories are members of the Commonwealth of Nations through the United Kingdom. The inhabited territories compete in their own right at the Commonwealth Games, and three of the territories (Bermuda, the Cayman Islands and the British Virgin Islands) sent teams to the 2016 Summer Olympics.

Although the Crown Dependencies of Jersey, Guernsey and the Isle of Man are also under the sovereignty of the British monarch, they are in a different constitutional relationship with the United Kingdom. The British Overseas Territories and Crown Dependencies are themselves distinct from the Commonwealth realms, a group of 15 independent countries (including the United Kingdom) sharing Charles III as monarch and head of state, and from the Commonwealth of Nations, a voluntary association of 56 countries mostly with historic links to the British Empire (which also includes all Commonwealth realms). Notably, while not independent Commonwealth realms, the territories are separately represented at the Commonwealth Games on the same basis as independent nation members, as are the three Crown Dependencies of Jersey, Guernsey and the Isle of Man.

Full British citizenship has been granted to most 'belongers' of overseas territories (mainly since the British Overseas Territories Act 2002).

Most countries do not recognise the sovereignty claims of any other country, including Britain's, to Antarctica and its offshore islands. Five nations contest, with counter-claims, the UK's sovereignty in the following overseas territories:

• British Antarctic Territory – territory overlaps Antarctic claims made by Chile and Argentina
• British Indian Ocean Territory – claimed by Mauritius
• Falkland Islands – claimed by Argentina
• Gibraltar – claimed by Spain
• South Georgia and the South Sandwich Islands – claimed by Argentina

Citizenship

From 1949 to 1983, the nationality status of Citizenship of UK and Colonies (CUKC) was shared by residents of the UK proper and residents of overseas territories, although most residents of overseas territories lost their automatic right to live in the UK after the ratification of Commonwealth Immigrants Act 1968 that year unless they were born in the UK proper or had a parent or a grandparent born in the UK. In 1983, CUKC status of residents of overseas territories without the right of abode in the UK was replaced by British Dependent Territories citizenship (BDTC) in the newly minted British Nationality Act 1981, a status that does not come with it the right of abode in the UK or any overseas territory. For these residents, registration as full British citizens then required physical residence in the UK proper. There were only two exceptions: Falkland Islanders, who were automatically granted British citizenship, and with the Falkland Islands treated as a part of the UK proper through the enactment of British Nationality (Falkland Islands) Act 1983 due to the Falklands War with Argentina; and Gibraltarians, who were given the special entitlement to be registered as British citizens upon request without further conditions because of its individual membership in the European Economic Area and the European Economic Community.

Five years after the handover of Hong Kong to China in 1997, the British government amended the 1981 Act to give British citizenship without restrictions to all BDTCs (the status was also renamed BOTC at the same time) except for those solely connected with Akrotiri and Dhekelia (whose residents already held Cypriot citizenship). This restored the right of abode in the UK to residents of overseas territories after a 34-year hiatus from 1968 to 2002.

Military

Defence of the overseas territories is the responsibility of the United Kingdom. Many of the overseas territories are used as military bases by the United Kingdom and its allies:

• Ascension Island (part of Saint Helena, Ascension and Tristan da Cunha) – the base known as 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 North America, following US independence, and was designated an Imperial fortress. The naval establishment included an admiralty, a dockyard, and a naval squadron. A considerable military garrison was built up to protect it, and Bermuda, which the British government came to see as a base, rather than as a colony, was known as Fortress Bermuda, and the Gibraltar of the West (Bermudians, like Gibraltarians, also dub their territory "The Rock"). Canada and the United States also established bases in Bermuda during the Second World War, which were maintained through the Cold War. Four air bases were located in Bermuda during the Second World War (operated by the Royal Air Force, Royal Navy, United States Navy and United States Army / United States Army Air Forces). Since 1995, the naval and military force in Bermuda has been reduced to the local territorial battalion, the Royal 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 until 2036 (unless renewed). There are British forces in small numbers in the BIOT for administrative and immigration purposes.
• Falkland Islands – the British Forces Falkland Islands includes commitments from the British Army, Royal Air Force and Royal Navy, along with the Falkland Islands Defence Force.
• Gibraltar – Historically designated (along with Bermuda, Malta, and Halifax, Nova Scotia) as an Imperial fortress. British Forces Gibraltar included a Royal Navy Dockyard, HM Dockyard, Gibraltar, now Gibdock (also used by the Royal Navy), RAF Gibraltar – used by the RAF and NATO and a local infantry garrison – the Royal Gibraltar Regiment, which is part of the British Army. Spain, even though a member of NATO itself, has banned all visits to Gibraltar by non-UK craft. Even RAF UK fighter aircraft are banned, and only transport planes are permitted.
• The Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus – maintained as strategic British military bases in the eastern Mediterranean Sea.
• Montserrat – the Royal Montserrat Defence Force, historically connected with the Irish Guards, is a body of twenty volunteers, whose duties are primarily ceremonial.
• Cayman Islands – The Cayman Islands Regiment is the home defence unit of the Cayman Islands. It is a single territorial infantry battalion of the British Armed Forces that was formed in 2020.
• Turks and Caicos – The Turks and Caicos Islands Regiment is the home defence unit of the British Overseas Territory of the Turks and Caicos Islands. It is a single territorial infantry battalion of the British Armed Forces that was formed in 2020, similar to the Cayman Regiment.

City status and cities

As overseas territories came under the administration of the British Empire, several towns and villages began to request formal recognition to validate their importance, and would be accorded a status if deemed to be deserving such as a borough or as a more prestigious city by the monarch. Many cities were designated over several centuries, and as Anglican dioceses began to be created internationally from the 18th century, the process of city creation became aligned to that used in England, being linked to the presence of a cathedral. Later on, this process became untenable, and other selection criteria and royal occasions were used instead. However, mainly from the 20th century onwards, increasing levels of states becoming fully independent caused the number of remaining cities to reduce substantially.

Since the second Millennium, competitions have been arranged by the UK government to grant city status to settlements. In 2021, submissions for city status were invited to mark the Platinum Jubilee of Elizabeth II, with Crown Dependencies and British Overseas Territories being allowed to take part for the first time. In the Overseas Territories, the applicants were George Town (in the Cayman Islands), Gibraltar and Stanley (in the Falkland Islands). It was later discovered that Gibraltar had been previously named a city, researchers at The National Archives confirming that Gibraltar's city status was still in effect, with the territory missing from the official list of cities for the past 140 years. Stanley and Douglas on the Isle of Man were later granted the honour, and alongside Hamilton, Bermuda, and Jamestown, St Helena, making a present total of five cities.

Languages

Most of the languages other than English spoken in the territories contain a large degree of English, either as a root language or in code-switching, e.g. Yanito. They include:

• Yanito (English and Spanish) or Spanish, Arabic, Hebrew, Hindi (Gibraltar)
• Cayman Islands English or Cayman Creole (Cayman Islands)
• Turks and Caicos Creole (Turks and Caicos Islands)
• Pitkern (Pitcairn Islands)
• Greek (Akrotiri and Dhekelia)

Forms of English:

• Bermudian English (Bermuda)
• Falkland Islands English

Currencies

The 14 British overseas territories use a varied assortment of currencies, including the Euro, British pound, United States dollar, New Zealand dollar, or their own currencies, which may be pegged to one of these.

Insignia and symbols

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, but without the overall cross of St. George; 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 flag of the city of Gibraltar). Akrotiri and Dhekelia and Saint Helena, Ascension and Tristan da Cunha are the only British Overseas Territories without their own flag, although Saint Helena, Ascension Island, and Tristan da Cunha have their own individual flags. Only the Union Flag, which is the national flag in all the territories, is used in these territories.

Sports

Bermuda, the British Virgin Islands and the Cayman Islands are the only British Overseas Territories with recognised National Olympic Committees (NOCs); the British Olympic Association is recognised as the appropriate NOC for athletes from the other territories, and thus athletes who hold a British passport are eligible to represent Great Britain at the Olympic Games.

Shara Proctor from Anguilla, Delano Williams from the Turks and Caicos Islands, Jenaya Wade-Fray from Bermuda and Georgina Cassar from Gibraltar strove to represent Team GB at the London 2012 Olympics. Proctor, Wade-Fray and Cassar qualified for Team GB, with Williams missing the cut; however, wishing to represent the UK in 2016.

The Gibraltar national football team was accepted into UEFA in 2013 in time for the 2016 European Championships. It has been accepted by FIFA and went into the 2018 FIFA World Cup qualifying, where they achieved 0 points. Gibraltar has hosted and competed in the Island Games, most recently in 2023.

Biodiversity

The British Overseas Territories have more biodiversity than the entire UK mainland. There are at least 180 endemic plant species in the overseas territories as opposed to only 12 on the UK mainland. Responsibility for the protection of biodiversity and meeting obligations under international environmental conventions is shared between the UK Government and the local governments of the territories.

Two areas, Henderson Island in the Pitcairn Islands as well as the islands of Gough and Inaccessible of Tristan da Cunha are listed as UNESCO World Heritage Sites, and two other territories, the Turks and Caicos Islands and Saint Helena, are on the United Kingdom's tentative list for future UNESCO World Heritage Sites. Gibraltar's Gorham's Cave Complex is also found on the UK's tentative UNESCO World Heritage Site list. The three regions of biodiversity hotspots situated in the British Overseas Territories are the Caribbean Islands, the Mediterranean Basin and the Oceania ecozone in the Pacific.

The UK created the largest continuous marine protected areas in the world, the Chagos Marine Protected Area, and announced in 2015 funding to establish a new, larger, reserve around the Pitcairn Islands.

In January 2016, the UK government announced the intention to create a marine protected area around Ascension Island. The protected area would be 234,291 square kilometres (90,460 sq mi), half of which would be closed to fishing.