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Britain opposes 'free association' with colonies

Overseas Territories Minister Bill Rammell

Britain will continue to be involved in any constitutional change in its colonies, Overseas Territories Minister Bill Rammell has reminded country leaders.

In a letter to Osbourne Fleming, the Chief Minister of Anguilla, Mr. Rammell said the UK would be avoiding its responsibilities to ensure good government if it took no role.

His statement follows on the heels of a statement from Governor Sir John Verker last month inviting an input from the public on any future constitutional change in Bermuda to ensure there is a clear process.

Mr. Rammell responded to criticism made of Britain at a United Nations conference on de-colonisation in Anguilla in May that London had not informed the territories about their options for self-determination under the 1960 UN General Assembly resolution 1541.

He said Britain did not vote for the resolution and was not bound by it.

He said the UN meeting on decolonisation had focused on “free association”.

Mr. Rammell said “free association” as envisaged by the 1960 UN resolution, would be problematic for Britain.

In his letter to Mr. Fleming, copied to Bermuda Premier Alex Scott, Mr. Rammell writes: “This definition provides that a Territory ‘should have the right to determine its constitution free from outside interference'.

“On the face of it, this would mean the Territories would be able to draw up their constitutions without the involvement of the UK government. This would leave us in an impossible position.

“The UK government would be left with continuing responsibilities while being denied any ability to ensure good governance, fulfil international obligations, or protect the British government and tax-payer from significant contingent liabilities should things go wrong.

“You will understand that this is unacceptable. It is certainly not the partnership envisaged in the 1999 White Paper.

“The constitutional review discussions underway in several territories allow us to discuss the proper balance of responsibilities between us.

“Most Territories already have considerable control over their domestic affairs: the issue really turns on the extent to which the UK Government needs to retain sufficient powers to discharge its overall responsibility for the Territories' good governance and compliance with international obligations (and to protect key values such as the independence of the judiciary, and the political impartiality of the public service, including the police).

“Different circumstances will apply to each territory. Constitutions will not necessarily be uniform.

“The UK Government's position on self-determination is clear. It is for territories to decide whether they want independence: if so, and provided there is a broad majority in favour, we do not stand in their way.

“The exception to this is Gibraltar, given the terms of the Treaty of Utrecht. Integration, however, is not a part of UK Government policy and is not, therefore, on offer.”

Mr. Rammell said the meeting of Overseas territories leaders and governors in London next week will focus on the constitutional relationship between the UK and its colonies and on the role of governors.