UN Experts Condemn French Parliament's Dismantling of Nouméa Accord

In a statement today, UN experts expressed grave concern over this move, warning of its severe implications.

On 14 May 2024, the French Parliament adopted a bill that dismantles a key element of the Nouméa Accord by unfreezing the electoral body in New Caledonia, a Non-Self-Governing Territory in the South Pacific. In a statement today, UN experts expressed grave concern over this move, warning of its severe implications.

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

"The French Ministry of Interior has also introduced the 'Marty Project,' a bill that threatens to dismantle other significant achievements of the Nouméa Accord, particularly those relating to the recognition of Kanak Indigenous identity, customary institutions, as well as customary law and land rights," the UN experts stated.

The Kanak People, who have inhabited the New Caledonia region for thousands of years, are at risk of having their human rights and the integrity of the decolonization process severely undermined by these legislative actions.

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

Since February, tens of thousands of Kanak demonstrators have peacefully mobilized against these reforms. However, the lack of dialogue has led to violent conflict since May 2024. The French government's deployment of military force has resulted in several deaths among the Kanaks, 169 injuries, 2,235 arrests, including hundreds of arbitrary detentions, and over 500 cases of enforced disappearance.

The experts also raised concerns about heavily armed militias of settlers opposed to independence, noting that the authorities have taken no measures to disband or prosecute these groups, raising serious rule of law concerns.

They also highlighted that the 2021 consultation on New Caledonia's sovereignty took place during the Covid-19 pandemic, disregarding Kanak customary mourning practices and despite objections from Kanak customary authorities.

The UN experts urged the French government to uphold the rule of law and work with the Special Committee on Decolonization and Kanak Customary authorities to honor the principle of the Nouméa Accord's irreversibility. "Agreements made under the Accord must be constitutionally guaranteed until New Caledonia achieves full sovereignty, in line with France's commitment," they emphasized.

While the bill modifying the electoral body has been suspended following the French legislative elections, the experts called for its complete repeal. They also expressed their willingness to provide recommendations to the French authorities.