Good governance is part of the partnership between the UK and its Overseas Territories set out in the 1999 White Paper, which highlighted the importance of providing governance of a high quality.  It is essential that the UK and its territories subscribe to high standards of human rights, openness and good government. Good governance builds trust amongst citizens of a society in its institutions and assists social cohesion.  It encourages domestic investment; promotes higher rates of growth; and enables a society’s development to be shared equitably amongst its citizens.  And it also promotes greater confidence amongst potential external investors.  Moreover, good governance is a key element in ensuring sustainable development, another important area highlighted by the White Paper.  For without good governance, the potential for sustainable development is severely undermined.

The Overseas Territories are constitutionally not part of the United Kingdom. All of them have separate constitutions made by an Order in Council. Most have governors who are appointed by and represent Her Majesty the Queen. He/she both represents Her Majesty in the territory; and represents the territory’s interests to HMG in London.

The degree of self-government enjoyed by a territory depends on its stage of constitutional development. More advanced Overseas Territories’ constitutions provide for a governor, a cabinet or executive council and usually a single chamber legislature (BVI has the House of Assembly). In BVI, the governor retains special responsibility for defence, external affairs, internal security, including the police, and the public service.   But on all other issues the governor is normally bound to accept the advice of cabinet, except where reserve powers are exercised. Even in areas of special responsibility, the governor depends on the local government to include financial provision for such services e.g. the police in the budget; and on their support to get the relevant appropriation measures through the house of assembly.

The BVI constitution provides for certain reserve powers to protect the UK government’s overall responsibility for the good governance of the OTs. These include the power for the governor not to act in accordance with the advice of cabinet on grounds of public order, public faith or good government (but only with the approval of a secretary of state); the power of a secretary of state to instruct the governor; the power to disallow Overseas Territories legislation; and the power to act by Prerogative Order in Council.

External relations

As noted above, the governor is responsible for BVI’s external relations. For this reason, if the BVI government want to enter into any binding international commitment, it is required to seek UK government authority via an entrustment to do so. Most Overseas Territories’ relationship with the EU is governed by the 2001 Overseas Association Decision. This is an instrument that is negotiated every ten years between the commission and member states. The territories are not involved directly, but are consulted by their “parent” member states (i.e. the UK, France, the Netherlands and Denmark). Under the decision, some territories are eligible for European Development Fund finance. All Overseas Territories are eligible for european development regional funding; and have access to a range of community development budget lines and regional funding schemes. The decision also provides for a number of trade, customs and loan financing provisions.

In the Caribbean, the BVI is an associate member of the regional caribbean community organisation, CARICOM.  Beyond this, the Overseas Territories are included in british delegations to certain commonwealth meetings e.g. of commonwealth law, finance, and education ministers, commonwealth senior officials and commonwealth health ministers. Members of the legislatures of the Overseas Territories have long enjoyed membership of the Commonwealth Parliamentary Association on an equal footing with full commonwealth members.

UK’s responsibility as an administering power

Under the UN Charter (Article 73), UN members administering territories whose peoples have not yet obtained independence “recognise the principle that the interests of the inhabitants of the territory are paramount and accept as a sacred trust the obligation to promote to the utmost” their wellbeing including their political, economic, social and educational advancement, their just treatment and their protection against abuses. In addition to its obligations under the UN Charter and the UN Human Rights Covenants, including its obligation to respect the right of self-determination of the peoples of the Overseas Territories, the UK has a wide range of specific international obligations in respect of the OTs, which sometimes cover areas, e.g. environment or financial services, which have been delegated to overseas territories ministers.