Flying to an island deep in the Indian Ocean without needing a passport. Using EU-roaming in the Caribbean. Or perhaps paying with euros in South America. The one who believes this to be weird might be surprised - as EU citizens enjoy EU-roaming, freedom of travel, and a single currency not only on the European continent, but also in its so-called overseas territories. But what exactly constitute those territories, and what is their story?
Overseas territories belong to the sovereign territory of a member state of the European Union, while being located outside geographical Europe. Thus, these territories maintain special relations with the EU, despite some being situated thousands of kilometers from the European mainland.
Here, the Treaty on the Functioning of the European Union (TFEU) differentiates between two sorts of territories: the Outermost Regions (OR) and the overseas countries and territories (OCT). The former are fully considered constituting EU-territory, although there can be special regulations depending on special geographic, social, or economic circumstances.
The OCT however are only associated with the EU, meaning primarily that there are no tariffs for trade and that these territories are partly subject to European Union law, too. Nevertheless, since they do not form full members of the EU, when trading with the union they are obliged to the same regulations as third countries. This pertains especially to health policy and phytosanitary norms and protection measures.
So, which areas are we talking about exactly?
France, for instance, holds territories that belong to both groups. The country itself divides its overseas holdings into three groups, however: the départements d‘outre-mer (DOM, “overseas departments”), territoires d‘outre-mer (TOM, “overseas territories”), and the collectivité d‘outre-mer (COM, “overseas collectivities”). French Guiana, Guadeloupe, Martinique, Mayotte, La Réunion, and Saint-Martin count as Outermost Regions by virtue of their nature as part of France proper. Hence, they are equal to departments of mainland France, such as Moselle or Hautes-Alpes. They use the euro and form an integral part of the EU. Although not a part of the Schengen Area, for EU citizens, the same entry rules apply there as to any part of mainland France.
By being an integral part of Portugal, the island territories of the Azores and Madeira also fully belong to the EU. Despite some exceptions, they count as OR. Additionally, this also applies to Spain’s Canary Islands as well as its cities of Ceuta and Melilla bordering Morocco.
Due to their constitutionally determined special status, France’s COM belong to the OCT group; this includes French Polynesia, Saint Barthélemy, the French Southern and Antarctic Lands, Saint-Pierre and Miquelon, and Wallis and Futuna. This group however also comprises Denmark’s autonomous region of Greenland, as well as the islands of Aruba, Bonaire, Curaçao, Saba, Sint Eustatius, and Sint Maarten in the Caribbean as parts of the Kingdom of the Netherlands.
External territories of the EU. Wikimedia
As you may have noticed, there are some (French) exceptions: uninhabited Clipperton Island for instance belongs to France and is administered by the French Ministry of the Overseas, but entertains no relations with the EU and does not participate in Schengen. Similarly, this also applies to New Caledonia, which maintains a special status within the French state, while Saint Barthélemy became its own separate collectivity in 2007. It is associated with the EU, but has not been included in the Schengen Area. Nor do the country’s Southern and Antarctic Islands count as EU territory, even while using the Euro as their official currency. Here, the case may be practical: without a permanent population, they are not considered territorial collectivities and in consequence do not send any delegates to Paris.
On the other hand, the Kingdom of the Netherlands is made up of four countries: Aruba, Curaçao, the Netherlands - consisting of twelve European provinces and the Caribbean islands of Bonarie, Saba, and Sint Eustatius -, and Sint Maarten. All four countries are equal. The three Caribbean islands belonging to the European mainland are also called “bijzondere gemeenten” (special municipalities). Legally, they form a different territory, as Dutch laws do not automatically apply there as well. The Dutch overseas territories are regarded as OCT - thus individual aspects of EU law apply, and they are formally associated with the union.
Attentive readers might have noticed the similarly named French territory of Saint Martin and Dutch territory of Sint Maarten. While suggesting lack of creativity on behalf of the former colonial empires, it is actually just a legacy of these territories sharing the same island. This, however, leads us to the question as to how this island and its equals became parts of faraway European countries in the first place.
Colonial Heritage: The Origin of Europe’s overseas territories
Colonial Heritage: The Origin of Europe’s overseas territories
Simply put, these territories are the remaining legacy of Europe’s centuries of repressive colonialist adventures around the world. Colonial rule ended differently for each place: some independence struggles turned into violent conflicts, as happened in case of Indonesian (1945) and Moroccan (1956) independence. Others kept close relations to the former colonizer - such as French Caledonia - or still form an integral part of it, as is the case with Bonaire.
Another, rather unusual, example of the latter option is embodied by the Spanish city of Ceuta - an enclave only bordering Morocco. In 1415, Portugal claimed the territory for itself, as its geographic location as a gateway from and to the Mediterranean made it a lucrative place for trading ivory, gold, or slaves. Since Spain gained control over the territory in the 17th century, it had remained under its authority, a status that remained unchanged even when Morocco regained its independence. While rhetorically claiming Ceuta (and its counterpart Melilla) as Moroccan, the North African kingdom has not resorted to other means to push its views. Considering the longstanding affiliation of Ceuta with Spain, it seems unlikely that this will change in the future.
As commonly known, France was also a leading colonial power, resulting in the country to this day boasting the largest exclusive economic zone (EEZ) around its coasts in the world - with a staggering 11.69 million km². The EEZ incorporates 200 sea miles from the coasts to be under the sovereignty of the respective state, allowing the latter to exercise exclusive economic exploitation of the area - perfectly exemplifying the long shadow of French imperialism.
New Caledonia - Special Status torn between Independence and EU-affiliation
In 1774, James Cook became the first European to discover the archipelago that should later be called New Caledonia. With the Northeast of its main island reminding the adventurer of Scotland, Cook named the islands accordingly, using Scotland’s Latin title “Caledonia”. The British explorer was eventually followed by the French Joseph Bruny d‘Entrecasteaux in 1793.
During the latter half of the 19th century, British and French settlers in particular arrived at the islands, which were finally declared French by Napoleon III on September 24, 1853. Its indigenous inhabitants, the Kanaks, rebelled multiple times, but these attempts proved futile. At the end of October 1946, France pronounced the archipelago to be an overseas territory, turning New Caledonians into French citizens. Six years later, all resident citizens were granted civil rights, followed by the institution in 1957 of the so-called “Assemblée territoriale”, something akin to a local parliament. Just one year later, however, then-President Charles de Gaulle curtailed its rights again, sparking a new wave of protests.
These would ultimately reach their climax in the 1980s, in particular from 1984-88, leading to over 70 fatalities.
1984 saw the emergence of the Kanak and Socialist National Liberation Front (FLNKS), which boycotted local elections and created a provisional government. When multiple politically motivated assassinations of Kanaks occurred, Paris tried in vain to restore order by declaring a state of emergency. The separatists took 27 policemen and one judge hostage in April and May 1988, before the situation could be defused by special forces deployed by the central government. This maneuver cost the lives of 19 separatists and two law enforcement officers. As a result of the ongoing unrest, the main opponent of independence, Jacques Lafleur, agreed to negotiate with the separatists. This led to the conclusion of two sets of agreements: the Matignon Agreements - accepted by French voters in November 1988 - and the Nouméa Accord - voted in favor of by New Caledonian voters that same month. The Nouméa Accord allows for precisely three referendums on New Caledonian independence.
New Caledonia is rich in resources - a cause for France’s continuing interest? Graphic: Wikimedia/Barsamuphe
Owing to its special state, the archipelago is the overseas territory that holds the largest sway over metropolitan France, as the latter increasingly delegates rights to the local government in an effort to mitigate further aspirations for independence. Two main interests govern Paris’ interest in the islands: the first one being economic, as New Caledonia boasts large nickel deposits. The second one is purely geopolitical, since China attempts to up its own influence in the Indo-Pacific, something that France, along with other Western powers, appears wary about.
A majority of 56.4% of New Caledonians voting in the first independence referendum on November 4, 2018, decided to remain a part of France, with a voter turnout of around 80.6%. October 4, 2020, saw the second such referendum, this time with a slightly narrower majority of 53.3% wishing to remain. Turnout stayed high at 85%. The third referendum on December 12, 2021, in contrast, saw turnout plummet to just 43.9%, while an overwhelming 96.5% cast their vote in favor of staying with the Republic. A probable explanation for the low turnout that time around was the boycott of the FLNKS, which later tried to portray the result as invalid, also citing COVID-19 prevention measures, which had allegedly impeded the election campaign of the opposition.
In spite of the three referendums held, the territory’s future appears uncertain, as both loyalists and pro-independence advocates do not seem to budge on their maximalist claims. The former wish to see the archipelago becoming an integral part of France, while the latter demand another referendum with international oversight, as they do not accept the validity of the previous results.
Today’s EU members’ overseas territories therefore are relics of war, colonialism, and repression. Their past signifies an important and often-forgotten chapter of European history, demonstrating perspicuously the fact of borders being the outcome of warfare, inheritance and other coincidences. Natural borders between states do not exist, each of them is man-made.
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