Overseas departments and territories of France

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This article is part of the series on
Administrative divisions of France

(incl. overseas regions)

(incl. overseas departments)

Urban communities
Agglomeration communities
Commune communities
Syndicates of New Agglomeration

Associated communes
Municipal arrondissements

Others in Overseas France

Overseas collectivities
Sui generis collectivity
Overseas country
Overseas territory
Clipperton Island

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 Europe. These territories have varying legal status and different levels of autonomy, although all have representation in the Parliament of France, and the right to vote in elections to the European Parliament. Some of them have no permanent inhabitants. They 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.

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.

French overseas departments and territories

Contents

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 2010 its population will have the possibility to become an overseas department.
  • 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.[1] On February 7, 2007, the French Parliament passed a bill granting COM status to both Saint Barthélemy and neighbouring Saint Martin. [2] The new status took effect on 22 February 2007 when the law was published in the Journal Officiel.[3]

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.

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.

France also owns, as state private property, a remote island in the Pacific Ocean called Clipperton Island.

Flag Name Capital Population
(Jan. 2006 , unless otherwise indicated)
Land area (km²) Status Location Notes
French Guiana Cayenne 202,000 86,504 Overseas department/region South America
French Polynesia Papeete 256,200 4,167 Overseas collectivity South Pacific Ocean
Guadeloupe Basse-Terre 447,000 (with St Barth & St Martin)
(ca. 405,000 without St Barth & St Martin)
1,703 Overseas department/region Antilles
Martinique Fort-de-France 399,000 1,128 Overseas department/region Antilles
Mayotte Mamoudzou 160,265 (July 2002)
(ca. 182,000 in Jan. 2006)
374 Overseas collectivity Africa
(Mozambique Channel)
Will obtain overseas region status in 2011
Also claimed by Comoros
New Caledonia Nouméa 236,528 18,575 Sui generis collectivity South Pacific Ocean Referendum for independence in 2014
Réunion Saint-Denis 784,000 2,512 Overseas department/region Africa
(Indian Ocean)
Saint Barthélemy Gustavia 6,852 (March 1999) 21 Overseas collectivity Antilles Detached from Guadeloupe on 22 February 2007
Saint Martin Marigot 33,102 (Oct. 2004) 53 Overseas collectivity Antilles Detached from Guadeloupe on 22 February 2007
Saint Pierre and Miquelon Saint-Pierre 6,125 242 Overseas collectivity South East of Canada
Wallis and Futuna Mata-Utu 14,944 (July 2003) 274 Overseas collectivity South Pacific Ocean
Overall Summary
Status Population (Jan. 2007) Land area (km²)
Overseas Departments/Regions (incl. St Barth & St Martin) 1,853,818 91,847
Overseas Collectivities & New Caledonia 710,000 23,632
Total 2,563,818 115,479

Flag Name Capital Land area (km²) Status Location Notes
Flag of the French Southern and Antarctic Lands Bassas da India - 1 TAAF district Africa
(Mozambique Channel)
Claimed by Madagascar
Flag of France Clipperton - 7 French state private property West of Mexico Claimed by Mexico
Flag of the French Southern and Antarctic Lands Crozet Islands Alfred Faure 352 TAAF district South Indian Ocean
Flag of the French Southern and Antarctic Lands Europa - 28 TAAF district Africa
(Mozambique Channel)
Claimed by Madagascar
Flag of the French Southern and Antarctic Lands Glorioso Islands - 5 TAAF district Indian Ocean Claimed by Comoros, Madagascar and Seychelles
Flag of the French Southern and Antarctic Lands Juan de Nova - 4,4 TAAF district Africa
(Mozambique Channel)
Claimed by Madagascar
Flag of the French Southern and Antarctic Lands Kerguelen Islands Port-aux-Français 7,215 TAAF district South Indian Ocean
Flag of the French Southern and Antarctic Lands Saint-Paul Island and
Amsterdam Island
Martin-de-Viviès 66 TAAF district Indian Ocean
Flag of the French Southern and Antarctic Lands Tromelin Island - 1 TAAF district Indian Ocean Claimed by Mauritius

Flag Name Capital Land area (km²) Status Location Notes
Adélie Land Dumont d'Urville Station 432,000 TAAF district Antarctica Antarctic Treaty System limiting sovereignty

Ranked by population in the urban area:

  • Frédéric Monera, L'idée de République et la jurisprudence du Conseil constitutionnel - Paris : L.G.D.J., 2004 [1] [2];

  1. ^ Staff reporter. "French Caribbean voters reject change" (HTML), Caribbean Net News, 2003-12-09. Retrieved on 2007-02-09. (english) "However voters on the two tiny French dependencies of Saint-Barthelemy and Saint-Martin, which have been administratively attached to Guadeloupe, approved the referendum and are set to acquire the new status of "overseas collectivity"." 
  2. ^ Magras, Bruno. "Letter of Information from the Mayor to the residents and non-residents, to the French and to the foreigners, of Saint Barthelemy" (PDF), St. Barth Weekly, 2007-02-16, p. 2. Retrieved on 2007-02-18. (english) "On February 7 of this year, the French Parliament adopted the law granting Saint Barthelemy the Statute of an Overseas Collectivity." 
  3. ^ Staff reporter. "Saint-Barth To Become An Overseas Collectivity" (PDF), St. Barth Weekly, 2007-02-09, p. 2. Retrieved on 2007-02-09. (english) 

Robert Aldrich and John Connell, France's Overseas Frontier, Cambride University Press, 1992

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