France: UN experts alarmed by situation of Kanak Indigenous Peoples in the Non-Self-Governing Territory of New Caledonia

GENEVA – The French Parliament adopted a bill on 14 May 2024 that dismantles one of the cornerstones of the Nouméa Accord by unfreezing the electoral body in New Caledonia, a Non-Self-Governing Territory under French administration in the South Pacific, UN experts said in a statement today.

“The French Ministry of Interior has also presented another bill known as the "Marty Project" which threatens to dismantle other achievements of the Nouméa Accord relating to the recognition of the Kanak Indigenous identity, Kanak customary institutions as well as customary law and land rights,” the experts said.

The Nouméa Accord is a framework agreement signed in 1998, between the French government, the pro-independence movement led by the Indigenous Kanak People and the anti-independence parties of New Caledonia. The agreement outlines a process for the gradual and irreversible transfer of power from France to New Caledonia, leading to a series of referendums on self-determination.

“The Kanak People have inhabited the New Caledonia region for thousands of years, dating back to 3000 BC,” the experts said. “The attempt to dismantle the Nouméa Accord severely undermines their human rights and the integrity of the overall decolonisation process.”

“The French government has failed to respect the basic rights to participation, consultation and free, prior, informed consent of the Kanak Indigenous Peoples and its institutions, including the Customary Senate,” the experts warned.

Tens of thousands of Kanak demonstrators have been mobilising peacefully since February to denounce these reforms. In the absence of dialogue, a violent conflict has been raging since May 2024. The French government deployed military means and excessive use of force, which led to several deaths among the Kanaks, 169 injured, 2235 arrests, including hundreds of arbitrary arrests and detentions, and more than 500 victims of enforced disappearance.

“We are particularly concerned by allegations concerning the existence of heavily armed militias of settlers opposed to independence,” the experts said. “The fact that no measures have been taken by authorities to disband and prosecute these militias raises serious rule of law concerns.”

The experts noted that the 2021 consultation on the sovereignty of the French colony of New Caledonia took place amidst the Covid-19 pandemic disregarding Kanak customary mourning and despite the objections of Kanak customary authorities and organisations.

The experts urged the French government to guarantee the rule of law and continue working with the Special Committee on Decolonisation and Kanak Customary authorities to respect the principle of the irreversibility of the Nouméa Accord. “Agreements made under the Accord must be constitutionally guaranteed until New Caledonia achieves full sovereignty in accordance with France’s commitment,” they said.

The experts have been informed that in the result of French legislative elections the bill modifying the composition of electoral body has been suspended. However, they called for its complete repeal.

"We are at the disposal of the French authorities to provide necessary recommendations," the experts said.