"Overseas France" is a collective name; while used in everyday life in France, it is not an administrative designation in its own right. Instead, the five overseas regions have exactly the same administrative status as the thirteen metropolitan regions; the five overseas collectivities are semi-autonomous; and New Caledonia is an autonomous territory. Overseas France includes island territories in the Atlantic, Pacific and Indian oceans, French Guiana on the South American continent, and several peri-Antarctic islands as well as a claim in Antarctica. Excluding the district of Adélie Land, where French sovereignty is effective de jure by French law, but where the French exclusive claim on this part of Antarctica is frozen by the Antarctic Treaty (signed in 1959), overseas France covers a land area of 120,396km2 (46,485sqmi)[5] and accounts for 18.0% of the French Republic's land territory.[6] Its exclusive economic zone (EEZ) of 9,825,538km2 (3,793,661sqmi) accounts for 96.7% of the EEZ of the French Republic.[7]
Outside Europe, four broad classes of overseas French territorial administration currently exist: overseas departments/regions, overseas collectivities, the sui generis territory of New Caledonia, and uninhabited territories. From a legal and administrative standpoint, these four classes have varying legal status and levels of autonomy, although all permanently inhabited territories have representation in both France's National Assembly and Senate, which together make up the French Parliament.
January 2024: Total population of all overseas departments and collectivities: 2,834,000. Total population of five overseas departments: 2,230,000.[9] Total population of five overseas collectivities and New Caledonia: 604,000. Sources: French Polynesia,[10] New Caledonia,[11] Saint Barthélemy,[12] Saint Martin,[12] Saint Pierre and Miquelon,[12] Wallis et Futuna[13]
Overseas regions have exactly the same status as France's mainland regions. The French Constitution provides that, in general, French laws and regulations (France's civil code, penal code, administrative law, social laws, tax laws, etc.) apply to French overseas regions just as in metropolitan France, but can be adapted as needed to suit the region's particular needs. Hence, the local administrations of French overseas regions cannot themselves pass new laws.
The category of "overseas collectivity" (French: collectivité d'outre-mer or COM) was created by France's constitutional reform of 28 March 2003. Each overseas collectivity has its own statutory laws.
In contrast to overseas departments/regions, the overseas collectivities are empowered to make their own laws, except in certain areas reserved to the French national government (such as defense, international relations, trade and currency, and judicial and administrative law). The overseas collectivities are governed by local elected assemblies and by the French Parliament and French Government, with a cabinet member, the Minister of the Overseas, in charge of issues related to the overseas territories.
French Polynesia (1946–2003: overseas territory; since 2003: overseas collectivity): In 2004 it was given the designation of "overseas country" (French: pays d'outre-mer), but the Constitutional Council of France has ruled that this designation did not create a new political category.
Saint Barthélemy: In 2003, Saint-Barthélemy voted to become an overseas collectivity of France. Saint-Barthélemy is not part of the European Union, having changed the status to an overseas country or territory associated with the European Union in 2012.
Saint Pierre and Miquelon (1976–85: overseas department; 1985–2003: sui generis overseas territory; since 2003: overseas collectivity): Despite being given the political status of "overseas collectivity", Saint Pierre et Miquelon is called collectivité territoriale de Saint-Pierre-et-Miquelon, literally "territorial collectivity".
Wallis and Futuna (1961–2003: overseas territory; since 2003: overseas collectivity): It is still commonly referred to as a territoire (Territoire des îles Wallis et Futuna).
Sui generis collectivity
New Caledonia had the status of an overseas territory from 1946 to 1998, but as of the 1998 Nouméa Accord it gained a special status (statut particulier or sui generis) in 1999. A New Caledonian citizenship was established (in addition to the French citizenship which is kept in parallel, along with the European citizenship), and a gradual transfer of power from the French state to New Caledonia itself was begun, to last from 15 to 20 years.[18] However, this process was subject to approval in a referendum. Three independence referendums have been held, in 2018, 2020 and 2021. In the first two referendums, the "yes" vote was 43.3% and 46.7% respectively. In the third referendum of December 2021, massively boycotted by the native Kanak community, which represent 42% of the population, the "yes" vote was 3.5%, with a turnout of 43.9%.[19][20]
French Southern and Antarctic Lands (Terres australes et antarctiques françaises or TAAF); overseas territory of France (since 1956). It is currently the only overseas territory. According to law 2007-224 of 21 February 2007, the Scattered Islands in the Indian Ocean constitute the 5th district of TAAF.
Special status
Clipperton Island (French: Île de Clipperton or Île de la Passion; Spanish: Isla de la Pasión) is a 9km2 (3.5sqmi)uninhabited coral atoll located 1,280km (800 miles) south-west of Acapulco, Mexico in the Pacific Ocean. It is held as an overseas "state private property" under the direct authority of the French government, and is administered by France's Minister of the Overseas ("private" in this context refers to official restrictions on access, rather than private ownership per se).
With 2,834,000 inhabitants in 2024, overseas France accounts for 4.1% of the population of the French Republic.[8] They enjoy a corresponding representation in the two chambers of the French Parliament and, in the 16th legislature of the French Fifth Republic (2022–2027), overseas France is represented by 27 deputies in the French National Assembly, accounting for 4.7% of the 577 deputies in the National Assembly:
Voted on 29 March 2009, in favour of attaining overseas department / region status. That status became effective on March 31, 2011. Also claimed by the Comoros.
Independence referendums occurred on 4 November 2018 (56.4% voting against and 43.6% voting in favor), as well as on 4 October 2020 (53.3% voting against and 46.7% voting in favor). A third and final one held in December 2021 rejected independence (96.5% voting against and 3.5% voting in favor).[25]
↑ Also les Outre-mer, les outre-mers, or, colloquially, les DOM-TOM (départements d'outre-mer et territoires d'outre-mer) or les DROM-COM (départements et régions d'outre-mer et collectivités d'outre-mer).
↑ Article 2 of the French Constitution states that the French Flag is the only legal flag of France. Only French Polynesia, an overseas country, and New Caledonia, a sui generis collectivity, are allowed to have their official flags. This right was granted to French Polynesia by a 6 September 1984, law and to New Caledonia by the Nouméa Accord. The Administrator of French Antarctica is also granted his own flag through a 23 February 2007 ordinance. Historical flags are sometimes used but have no basis in law. Many territories use unofficial flags to represent the territories. The unofficial flags are shown in this table.
↑ 25 km² including the outlying uninhabited islets. 21 km² without the outlying islets.
↑ Land area of the four old overseas departments (), Mayotte, the overseas collectivities, and New Caledonia (page 21), the French Southern and Antarctic Lands and the Scattered Islands (Archived 19 June 2018 at the Wayback Machine ), and Clipperton (Archived 5 March 2020 at the Wayback Machine ).
1 2 The population of all five overseas departments totaled 2,230,000 in January 2024. The population of the overseas collectivities and New Caledonia amounted to 604,000 inhabitants (Saint-Pierre and Miquelon , Saint-Barthélemy , Saint-Martin , French Polynesia , Wallis et Futuna , New Caledonia ).
↑ "French Caribbean voters reject change". Caribbean Net News. 9 December 2003. Archived from the original on 18 March 2009. Retrieved 9 February 2007. However, voters in the two tiny French dependencies of Saint-Barthélemy and Saint-Martin, which have been administratively attached to Guadeloupe, approved the referendum and are set to acquire the new status of "overseas collectivity".
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