UK PUBLISHES NEW OVERSEAS TERRITORIES CHARTER

The UK has published a new charter detailing the scope of its relationship with its Overseas Territories.

Covering five sections and 20 detailed points, the document, prepared from a UK perspective, mainly sets out the UK’s international legal responsibility to the OTs, the principles of the UK’s engagement with the Overseas Territories, internal UK departmental responsibility, and governance matters.

The British government says: “The Charter does not seek to replicate the breadth and depth of the constitutional, societal, and historic relationship with the Territories, but to provide a clear and ambitious statement of the principles of how the UK Government will engage with the Governments of the Territories.”

Describing it as ‘the Charter of Engagement’, the British government says it consolidates and codifies responsibilities and established practice for UK Government engagement with the Overseas Territories. “It aims to provide clarity for officials and reinforce consistent engagement in line with the constitutional arrangements of each Overseas Territory, as set out in their written constitutions contained in Orders in Council. These Orders set out the powers and responsibilities of the institutions of government, which in populated Territories include a Governor, and elected leaders, legislatures and representatives.”

It goes on to say that the UK and OTs are equal partners in a relationship defined not by history alone, but by shared purpose and mutual contribution. Within these are listed: safeguarding precious biodiversity, hosting critical international security assets, providing key economic value, sporting and cultural contributions, and advancing our shared values of freedom and openness. ”The relationship is grounded in shared values, mutual respect, and a commitment to prosperity, security, and sustainability.”

It also affirms that: “The people of the Territories are predominantly British nationals.”

According to the charter, the UK has a fundamental responsibility, flowing from international law and our shared history, to ensure the security and good governance of the Overseas Territories and their peoples.”

It adds: “The UK aims to support the Territories to continue to develop self-government and free political institutions and to invest in capacity building within the Territories to ensure the effective exercise of the Territory Government’s responsibilities.”

(CHARTER SNAPSHOT)

UK’s INTERNATIONAL LEGAL RESPONSIBILITY

The United Kingdom carries significant contingent liabilities in respect of the Territories, resulting from moral, legal and political imperatives. The UK has a range of mechanisms through which it fulfils its responsibilities to the Overseas Territories and manages these liabilities. Some responsibilities are fulfilled via a Territory Government, Governor and some (for example in matters of defence) by the UK Government directly – this requires strong partnerships between each of us.

Under the relevant constitutions, powers are delegated to the democratically elected governments of the Territories, consistent with the UK retaining the ability to fulfil its sovereign obligations and responsibilities and meet its duty to manage its liabilities effectively.

PRINCIPLES OF UK ENGAGEMENT WITH THE OTs

Under this heading, the Charter outlines devolution and democratic autonomy for the Overseas Territories, and consistency on the principles of partnership and engagement. It also stresses the principle of “nothing about you without you”. It also says the partnership with the OTs is based on mutual respect and inclusion and speaks of a commitment to  good governance and ensuring proper democratic accountability and regulation. Also highlighted are defending the Territories’ security, autonomy and rights, including the right of self-determination.

INTERNAL UK DEPARTMENTAL ALLOCATION OF RESPONSIBILITY

The charter affirms that the UK’s international obligations are set out under international law, which cannot be altered unilaterally by the UK or Territory.

Within that framework, it says departmental responsibility for the Territories generally rests with the UK department holding the corresponding policy lead. Governors have powers and responsibilities under the relevant Constitutions and can receive instructions from UK Secretaries of State on behalf of the Crown, related to these.

The Foreign, Commonwealth and Development Office (FCDO) has lead responsibility within the UK Government for managing the UK’s relationship with the Overseas Territories and for coordinating engagement across Whitehall e.g. of other government departments’ own responsibilities to OTs, and chairing the OT Ministerial Group.

GOVERNANCE

This section outlines the British government’s commitment to engaging with the Overseas Territories through what it describes as ‘clear and regular governance mechanisms’.

The FCDO Minister for the Overseas Territories chairs a Ministerial Group made up of the cross-Whitehall Ministers with responsibility for the Territories. The Ministerial Group agrees, assigns and reviews departmental action to address priority Overseas Territories issues and leads UK Government activity on the Territories, regularly reviewing progress against responsibilities. In line with the principle of ‘nothing about you, without you’, Overseas Territories’ elected representatives are consulted on the agenda of the Ministerial Group and are provided a read-out of meetings.

The UK-Overseas Territories Joint Ministerial Council(JMC) meets annually and provides a forum for the exchange of views on political and constitutional issues between the Governments of the Territories and the UK Government. It also promotes the security and good governance of the Territories and their sustainable economic and social development, while agreeing on priorities, developing plans and reviewing implementation. The agenda is jointly agreed between the UK Government and the Governments of the Territories. The next JMC will be held next month.