Overseas France

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.

• French Guiana (since 1946)
• Guadeloupe (since 1946)
• Martinique (since 1946)
• Mayotte (since 2011) 1976–2003: sui generis overseas territory; 2001–2003: with the designation departmental community; 2003–2011: overseas community. In the 2009 Mahoran status referendum, Mahorans voted to become an overseas department in 2011, which occurred on 31 March 2011.
• Réunion (since 1946)

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 clarified 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 Martin: In 2003, the populations of Saint-Martin voted in favour of secession from Guadeloupe in order to become separate overseas collectivity of France.[14] On 7 February 2007, the French Parliament passed a bill granting COM status to both jurisdictions.[15] The new status took effect on 22 February 2007 when the law was published in the Journal Officiel.[16] Saint-Martin remains part of the European Union, as stated in the Treaty of Lisbon.[17]
• 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).

• 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 third referendum, in December 2021, 96.5% rejected independence but the turnout was only 43.9%. In the two earlier referendums the "no" vote was 57% and 53% respectively.[19]

The future status within France of New Caledonia will now be the subject of a further referendum to be held before the end of 2023.[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.

• Clipperton Island (French: Île de Clipperton or Île de la Passion; Spanish: Isla de la Pasión) is a 9 km² (3.5 sq mi) uninhabited coral atoll located 1,280 km (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 Overseas Minister. ("Private" in this context refers to official restrictions on access, rather than private ownership per se.)

Since September 2011, overseas France has been represented by 21 senators in the French Senate, accounting for 6.0% of the 348 senators in the Senate:

• Réunion: 4
• Guadeloupe: 3
• French Guiana: 2
• French Polynesia: 2
• Martinique: 2
• Mayotte: 2
• New Caledonia: 2
• Saint Barthélemy: 1
• Saint Martin: 1
• Saint Pierre and Miquelon: 1
• Wallis and Futuna: 1

The territories used to be collectively represented in the European Parliament by the Overseas Territories of France constituency. Since the 2019 European elections, France decided to switch to a single constituency, putting an end to all regional constituencies, including the Overseas Territories constituency.

The special territories of EU Member states are not separately represented in the EU Council. Every member state represents all its citizens in the Council.

The eleven inhabited French overseas territories are:

Flag[note 5]	Name	Capital	Population	Land area (km2)	Population density (inh. per km2)	Status	Location	Notes
	French Guiana	Cayenne	301,099 (Jan. 2023)[9]	83,534[21]	3.6	Overseas department / region	The Guianas, South America
	French Polynesia	Papeete	278,786 (Aug. 2022)[10]	3,521[22]	79	Overseas collectivity	Polynesia, South Pacific
	Guadeloupe	Basse-Terre	375,845 (Jan. 2023)[9]	1,628[21]	231	Overseas department / region	Caribbean, North Atlantic
	Martinique	Fort-de-France	347,686 (Jan. 2023)[9]	1,128[21]	308
	Mayotte	Mamoudzou	310,022 (Jan. 2023)[9]	374[22]	829		Mozambique Channel, Indian Ocean	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.
	New Caledonia	Nouméa	269,808 (Jan. 2022)[11]	18,575.5[23]	14.5	Sui generis collectivity	Melanesia, South Pacific	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).[24]
	Réunion	Saint Denis	873,102 (Jan. 2023)[9]	2,504[21]	349	Overseas department / region	Mascarene Islands, Indian Ocean
	Saint Barthélemy	Gustavia	9,961 (Jan. 2017[note 6])[25]	25[note 7][26]	398	Overseas collectivity	Caribbean, North Atlantic	Detached from Guadeloupe on 22 February 2007.
	Saint Martin	Marigot	32,358 (Jan. 2020)[12]	53[27]	611
	Saint Pierre and Miquelon	Saint Pierre	6,092 (Jan. 2020)[12]	242[22]	25		Gulf of St. Lawrence, North Atlantic
	Wallis and Futuna	Mata Utu	11,558 (Jul. 2018[note 8])[13]	142[22]	81		Polynesia, South Pacific

Several of these territories are generally only transiently inhabited by researchers in scientific stations.

Flag	Name	District	Scattered islands	Capital	Land area (km2)	Status	Location	Notes
	Clipperton Island	–	–	–	2[28]	Overseas state private property	North Pacific
	French Southern and Antarctic Lands	Adélie Land	–	Dumont d'Urville Station	432,000[29]	TAAF district	Antarctica	Under the terms of the Antarctic Treaty.
		Crozet Islands	–	Alfred Faure	340[29]		Indian Ocean
		Kerguelen Islands	–	Port-aux-Français	7,215[29]			Population: 45 researchers in winter, 110 in summer.
		Saint Paul and Amsterdam Islands	–	Martin-de-Viviès	66[29]
		Scattered Islands in the Indian Ocean	Banc du Geyser	–	0		Mozambique Channel	Claimed by the Comoros and Madagascar.
			Bassas da India	–	1[29]			Claimed by Madagascar.
			Europa Island	–	30[29]
			Glorioso Islands	–	7[29]		Indian Ocean	Claimed by the Comoros and Madagascar.
			Juan de Nova Island	–	5[29]		Mozambique Channel	Claimed by Madagascar.
			Tromelin Island	–	1[29]		Indian Ocean	Claimed by Mauritius.