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French overseas departments and territories
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The French Overseas Departments and Territories (French: départements d'outre-mer and territoires d'outre-mer or DOM-TOM ) consist broadly of French-administered territories outside of the European continent. These territories have varying legal status and different levels of autonomy, although all have representation in the Parliament of France (except those with no permanent inhabitants), and the right to vote in elections to the European Parliament.
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Encyclopedia
The French Overseas Departments and Territories (French: départements d'outre-mer and territoires d'outre-mer or DOM-TOM ) consist broadly of French-administered territories outside of the European continent. These territories have varying legal status and different levels of autonomy, although all have representation in the Parliament of France (except those with no permanent inhabitants), and the right to vote in elections to the European Parliament. The French Overseas Departments and Territories include island territories in the Atlantic, Pacific and Indian oceans, a territory on the South American coast, and several periantarctic islands as well as an extensive claim in Antarctica. 2,624,505 people lived in the French Overseas Departments and Territories in January 2009.
From a legal and administrative standpoint, departments are very different from territories: according to the French constitution, French laws and regulations generally apply (civil code, penal code, administrative law, social laws, tax laws et cetera), in departments as in the mainland. However, specific laws and regulations can be adapted to their specific situation. In territories, the principle is the opposite: territories are governed by autonomy statutes that allow them to make their own laws, except for some specific areas (like defense, international relations, international trade and currency, courts and administrative law), as provided in the autonomy statute, that are reserved to the central government and its local appointee.
Each inhabited French territory, metropolitan or overseas, is represented in both the French National Assembly and the French Senate (which make up the French Parliament). The overseas departments and territories are governed by local elected assemblies and by the French Parliamnent and French Government (where a cabinet member, the Minister of Overseas France, is in charge of issues related to the overseas departments and territories).
Varying constitutional statuses
Overseas Departments and Overseas Regions
Overseas Collectivities
This category was created with the constitutional reform on 28 March 2003. Each collectivity has its own statutory laws.
- French Polynesia (1946-2003: overseas territory), since 2003: Overseas collectivity. Its new status of 2004 gives it the particular designation of overseas country (French: pays d'outre-mer), but the Constitutional Council of France judged that it was just a designation, not a particular status.
- Mayotte (1976-2003: sui generis overseas territory, 2001-2003: with the designation departmental community), since 2003: Overseas community. Mayotte has kept its particular designation of departmental community, which is not a particular status. In March or April 2009, its population will vote on becoming a DOM-TOM.
- Saint Pierre and Miquelon (1976-1985: overseas department, 1985-2003: sui generis overseas territory, since 2003: Overseas collectivity. Saint Pierre and Miquelon is still called collectivité territoriale de Saint-Pierre-et-Miquelon).
- Wallis and Futuna (1961-2003: overseas territory, since 2003: Overseas collectivity. It is still commonly referred as a territoire (Territoire des îles Wallis et Futuna).
In 2003 the population of Saint Martin and Saint Barthélemy voted in favour of secession from Guadeloupe in order to form separate overseas collectivities of France. On February 7, 2007, the French Parliament passed a bill granting COM status to both Saint Barthélemy and neighbouring Saint Martin. The new status took effect on 22 February 2007 when the law was published in the Journal Officiel.
They remain part of the European Union, as explicitly stated in the Treaty of Lisbon.
Sui Generis Collectivity
New Caledonia has a unique status and is not even a territorial collectivity, unlike all other French subdivisions. As a result of the 1998 Nouméa Accord, New Caledonians will vote on an independence referendum scheduled between 2014 and 2019. This referendum will determine whether the territory remains a part of the French Republic as an overseas collectivity, or whether it will become an independent nation. The accords also specify a gradual devolution of powers to the local New Caledonian assembly.
- French Southern and Antarctic Lands (Terres Australes et Antarctiques Françaises; overseas territory of France since 1956). According to new law 2007-224 of February 21, 2007 Scattered Islands constitute the 5th district of TAAF.
Overseas Country
The status of overseas country (French: Pays d'outre-mer), projected for French Pacific dependencies, was finally never created. The 2004 status of French Polynesia gives it this designation, but also recalls that it belongs to the category of overseas communities. The Constitutional Council of France confirmed that the designation of overseas country had no legal consequences. Since its status has no name and since its parliament can make local laws, New Caledonia is sometimes incorrectly termed an overseas country.
Minor Territories
As state private property, France also owns Clipperton Island, a remote island in the Pacific Ocean.
Political representation in the French Parliament
With 2,624,505 inhabitants in 2008, the French overseas departments and territories account for 4.0% of the population of the French Republic. They enjoy a corresponding representation in the two chambers of the French Parliament.
Representation in the National Assembly
In the 13th Legislature (2007-2012), the French overseas departments and territories are represented by 22 deputies in the French National Assembly, accounting for 3.8% of the 577 deputies in the National Assembly:
Representation in the Senate
Since September 2008, the French overseas departments and territories are represented by 19 senators in the French Senate, accounting for 5.5% of the 343 senators in the Senate:
List of French Overseas Territories
Inhabited departments and collectivities
| Name | Capital | Population | Land area (km²) | Status | Location | Notes |
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| French Guiana | Cayenne | 221,500 (Jan. 2008) | 83,534 or 91,000 | Overseas department / region | South America | | | French Polynesia | Papeete | 259,596 (Aug. 2007) | 4,167 | Overseas collectivity | South Pacific Ocean | | | Guadeloupe | Basse-Terre | 405,500 (Jan. 2008) | 1,628 | Overseas department / region | Antilles | | | Martinique | Fort-de-France | 402,000 (Jan. 2008) | 1,128 | Overseas department / region | Antilles | | | Mayotte | Mamoudzou | 186,452 (July 2007) | 374 | Overseas collectivity | Africa
(Mozambique Channel) | Will vote on overseas region status in 2009
Also claimed by Comoros | | New Caledonia | Nouméa | 244,410 (Jan. 2008) | 18,575 | Sui generis collectivity | South Pacific Ocean | Referendum for independence in 2014 | | Réunion | Saint-Denis | 802,000 (Jan. 2008) | 2,512 | Overseas department / region | Africa (Indian Ocean) | | | Saint Barthélemy | Gustavia | 8,450 (Jan. 2007) | 21 | Overseas collectivity | Antilles | Detached from Guadeloupe on 22 February, 2007 | | Saint Martin | Marigot | 35,263 (Jan. 2006) | 53 | Overseas collectivity | Antilles | Detached from Guadeloupe on 22 February, 2007 | | Saint Pierre and Miquelon | Saint-Pierre | 6,125 (Jan. 2006) | 242 | Overseas collectivity | South East of Canada | | | Wallis and Futuna | Mata-Utu | 13,484 (Jul. 2008) | 274 | Overseas collectivity | South Pacific Ocean | | |
| Overall Summary |
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| Status | Population (Jan. 2009) | Land area (km²) |
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| Overseas Departments / Regions | 1,854,505 | 91,847 | | Overseas Collectivities & New Caledonia | 770,000 | 23,632 | | Total | 2,624,505 | 120,049 |
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Uninhabited lands
(Lands generally uninhabited, except by researchers in scientific stations)
Antarctica
Largest cities in overseas France
Ranked by population in the urban area:
Further reading
- Frédéric Monera, L'idée de République et la jurisprudence du Conseil constitutionnel - Paris : L.G.D.J., 2004 ;
See also
External links
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