1
CONFIDENTIAL
II.
CONSTITUTIONAL POSSIBILITIES FOR SHALL TERRITORIES
Association without option of independence
10.
The whole character of a non-colonial association turns on the
free consent of the people concomed. Their consent plays the role
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that self-determination plays in an independence settlement or in bringing about the integration of a territory in another state. Whereas these are final choices after which, theoretically, the people concerned have full political liberty in the new state, association involves a continuing exercise of some powers by one people over another. To demonstrate its voluntary character a once-for-all 'act of choice' such as a'referendum, will not be satisfactory. It will be said that the value of an association cannot be judged until it has been worked for some time and that no relationship is a free one unless both sides are ready to end it; and once the association has come into being, there will probably be allegations that the people concerned already regretted their
choice.
11. A specific option of independence, such as was included in the constitutions of the Associated States, provides one answer to
such criticisms. The option of independence was in that case inherent, because we knew that if the Associated States were to demand independence we should have no reans of denying it them even if we wished to do so. Obviously, too, the relationship would cease to be a free one if the Associated State wanted to end it and had to be
denied.
12.
On the other hand, some territories such as Montserrat are manifestly incapable of independence and unlikely to seek or welcome the inclusion of a formal option in their constitutions. In such cases it is necessary to look for some other device to symbolize the voluntary nature of the association. It is also
/desirable