The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

PREAMBLE

The people of St Helena, Ascension and Tristan da Cunha:

(a) wishing to affirm their allegiance to the United Kingdom, its Government and the Crown;

(b) mindful of the historic link between St Helena and the United Kingdom that dates back to 1659, the Charter granted for St Helena by King Charles II in 1673 that reaffirmed St Helena as belonging to the British Crown, the provision for a Governor and the office of Sheriff to enforce the laws issued by the East India Company that was made by the Laws and Constitution for the Island of St Helena of 1682, and the transfer of rule of the island to His Majesty’s Government on 22 April 1834 under the Government of India Act 1833, now called the Saint Helena Act 1833;

(c) acknowledging the Letters Patent of Queen Victoria dated 6 June 1859 which constituted the Islands of St Helena, Ascension and Tristan D’Acunha to be a distinct and separate Bishop’s See and Diocese called “The Bishoprick of St Helena” and declared Jamestown to be a city called the “City of James Town”;

(d) recalling that Britain took possession of Ascension in 1815 and established a small naval garrison there, the Island remaining under Admiralty supervision until by Letters Patent of King George V dated 12 September 1922 it became a Dependency of St Helena;

(e) also recalling that Tristan da Cunha was garrisoned and possessed by Britain in 1816, and that by Letters Patent of King George VI dated 12 January 1938 the islands of Tristan da Cunha, Gough, Nightingale and Inaccessible became Dependencies of St Helena;

(f) satisfied that their British citizenship has been restored, and recalling that everyone has the right to a nationality and the right not to be arbitrarily deprived of his or her nationality, and wishing to continue and strengthen their relationship with the United Kingdom;

(g) recognising that all peoples have the right of self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development;

(h) mindful of the fact that St Helenians, whatever their diverse backgrounds, have become fused into a single, harmonious community;

(i) noting the resourcefulness of the people of St Helena, Ascension and Tristan da Cunha and their respect for government under the law that has made the islands safe havens in the South Atlantic over the centuries;

(j) mindful of the fact that, while separate territories, St Helena, Ascension and Tristan da Cunha form a single territorial grouping under the Crown;

(k) wishing to continue as communities of tolerance, with respect for government and the law, Christian and family values and protection of the environment;

(l) committed to government in partnership with the United Kingdom on the basis of mutual obligations and responsibilities, to democratic principles and to promotion and protection of fundamental human rights and freedoms;

are determined, with the United Kingdom Government and other members of the international community, to build a sound future on the islands for their local communities on the basis of this Constitution.

Application of this Constitution

1.—(1) Chapter 1 and the Schedule to the Constitution apply to St Helena.

(2) Chapter 2 and the Schedule to the Constitution (except for paragraphs 3 and 4) apply to Ascension.

(3) Chapter 3 and the Schedule to the Constitution (except for paragraphs 3 and 4) apply to Tristan da Cunha.