Law on Departmentalization

The Law on Departmentalization is a French law adopted in 1946 that established the "four vieilles colonies" (old colonies) of Guadeloupe, Martinique, Réunion, and French Guiana as overseas departments of France.

Law on Departmentalization
National Constituent Assembly
Enacted by	National Constituent Assembly
Enacted	March 19, 1946
Introduced by	Provisional Government of the French Republic
Related legislation
Senatus-Consult of May 3, 1854

The law was unanimously adopted following a proposal by Aimé Césaire, the youngest deputy from Overseas France. It symbolically and practically marked the integration of these territories. These regions were thereby removed from the French colonial empire and came under the administration of prefects reporting to the French Ministry of the Interior.

Drafting of the Law

The Law on Departmentalization originated from several legislative proposals. The first, presented by Léopold Bissol, pertained to Martinique. The second, proposed by Gaston Monnerville, concerned French Guiana. The third, by Raymond Vergès, addressed Réunion, and the last, focused on Guadeloupe, was submitted by Eugénie Éboué-Tell.^[1]

Text of the Law

From the Official Journal of the French Republic^[2]

LAW No. 46-451 of March 19, 1946, concerning the classification of Guadeloupe, Martinique, Réunion, and French Guiana as French departments.

The National Constituent Assembly has adopted, The President of the Provisional Government of the French Republic promulgates the following law:

• Article 1. - The colonies of Guadeloupe, Martinique, Réunion, and French Guiana are established as French departments.
• Article 2. - Laws and decrees currently in force in metropolitan France but not yet applied to these colonies shall, before January 1, 1947, be the subject of application decrees for these new departments. (This deadline was extended first to December 31 1947^[3] and then to March 31, 1948^[4])
• Article 3. - Upon the promulgation of this law, new laws applicable to metropolitan France shall also apply to these departments, with explicit mention in the text. This law, deliberated and adopted by the National Constituent Assembly, shall be enacted as a state law.

Signed in Paris, March 19, 1946. Félix Gouin.

By the President of the Provisional Government of the Republic: The Minister of Overseas France, Marius Moutet. The Minister of the Interior, André Le Troquer.

Commemorations

The adoption of this Law on Departmentalization is periodically celebrated in the affected territories. Street names commemorating March 19, 1946, help maintain this historical memory.

References

1. Jean-Yves Faberon, Jacques Ziller, Droit des collectivités d'outre-mer, LGDJ, 2007, p. 32. ISBN 978-2-275-03217-7.
2. Loi n°46-451 du 19 mars 1946 tendant au classement comme départements français de la Guadeloupe, de la Martinique, de la Réunion et de la Guyane française Consolidated version as of March 20, 1946.
3. Loi n°47-1374 du 26 juillet 1947, published in the Journal officiel de la République française on July 27, 1947, p. 7303.
4. Loi No. 48-24 of January 6, 1948, published in the Journal officiel de la République française on January 7, 1948, p. 199, Article 35.

See also

• Departmentalization of Mayotte