No amendments to law or policy will be forced on the British Overseas Territories regarding same-sex marriage and voting rights
The UK government has provided its formal response to the British Parliament’s Foreign Affairs Committee (“FAC”) report entitled ‘Global Britain and the British Overseas Territories: Resetting the relationship‘. According to the response, the Foreign and Commonwealth Office has determined that the UK government will continue to honour the fact that immigration decisions are principally a matter for the individual British Overseas Territory governments, and that same-sex marriage is also predominantly a matter for their local governments to decide.
In February the FAC recommended a number of changes to the laws of the British Overseas Territories including the implementation of same-sex marriage and voting rights for British residents. The FAC recommended that the UK government should initiate consultation with the respective elected governments of the overseas territories and work with them to decide on an agreed proposal to guarantee there is a pathway for all resident British and British Overseas Territory citizens to be able to vote and hold elected office. The possible use of orders in council to enforce these changes created widespread consternation and protests in the British Overseas Territories.
The position adopted by the UK government acknowledges the sensitivities, concerns and local history surrounding the issue of voting rights and immigration in the small island territories but is balanced by the need for these jurisdictions to meet the standards set by the UK government in upholding the rule of law, having basic regard for human rights and integrity in public life, providing competent public services, and building healthy and successful communities.
While the FAC report had recommended that the UK government set a date by which it expected all British Overseas Territories to have legalised same-sex marriage and the phasing out of what has been termed as “discriminatory elements” of Belongership status, such a deadline will now not be set, particularly in light of the fact that several governments of the British Overseas Territories are currently litigating these issues.
