UN Warns France Over New Caledonia Reforms, Calls for Full Kanak Participation in Self-Determination Process

Rights experts raise alarm over political changes affecting Indigenous Kanak people, allegations of excessive force, and concerns over weakening of Nouméa Accord protections.

The United Nations Committee on the Elimination of Racial Discrimination (CERD) has issued a strong warning to France over proposed political and constitutional reforms concerning New Caledonia, urging French authorities to ensure that any future changes affecting the territory's status proceed only with the full and effective participation of the Kanak Indigenous People and with their free, prior, and informed consent.

In a rare intervention under its Early Warning and Urgent Action Procedure, the Committee expressed serious concern that recent French government initiatives could undermine New Caledonia's fragile decolonisation framework and weaken protections established under the historic Nouméa Accord.

The Committee called on France to immediately guarantee transparent, inclusive, and good-faith consultations with representative Kanak institutions before advancing any legislative, constitutional, or administrative reforms related to the Pacific territory's political future.

"Any legislative, constitutional or administrative measure concerning New Caledonia's decolonisation and self-determination process" must be subject to "effective, transparent and good-faith consultations" with the representative institutions of the Kanak Indigenous People, the Committee said.

The warning comes amid heightened political tensions in New Caledonia following controversial electoral reform proposals and unrest linked to debates over voting rights, autonomy, and the territory's long-running independence process.

At the centre of the dispute is the Nouméa Accord, signed in 1998 between France, pro-independence Kanak representatives, and anti-independence political groups.

The landmark agreement established a gradual decolonisation pathway for New Caledonia, including expanded local autonomy, recognition of Kanak identity and culture, and a series of referendums allowing residents to determine the territory's political future.

A key principle of the Accord was the concept of "irreversibility," intended to protect the progressive transfer of powers and maintain safeguards for Indigenous political participation during the self-determination process.

However, the UN Committee warned that recent French-led reform initiatives could undermine these protections and negatively affect the rights of the Kanak people, particularly their political representation and participation.

The Committee expressed concern that reforms affecting Indigenous rights and the territory's constitutional future had reportedly advanced without adequate consultation with Kanak institutions.

It specifically highlighted allegations that important representative bodies, including the Customary Senate of New Caledonia and the Customary Councils of the eight customary areas, had been excluded from discussions.

The Committee also raised concerns over reports that negotiations conducted in Bougival, France, in early 2025 resulted in a new political agreement and draft legislation to expand the electorate in New Caledonia without obtaining the free, prior, and informed consent of the Kanak Indigenous People.

Observers say proposed electoral changes have become particularly contentious because they could significantly alter the political balance within New Caledonia and potentially dilute Indigenous Kanak influence in future votes concerning autonomy or independence.

The Committee warned that the current process promoted by the French Government appeared to move away from the multilateral negotiation model that had previously characterised the territory's decolonisation discussions.

UN experts urged France to take "immediate and concrete measures" to guarantee the Kanak people's effective participation in public affairs and ensure that any reforms strengthen rather than weaken their political rights.

The Committee further emphasized that all reforms affecting Indigenous rights should proceed through "inclusive and participatory dialogue" with representative Kanak institutions.

It also reiterated the importance of adhering to international standards on Indigenous rights, including consultation processes aimed at securing "free, prior and informed consent."

Beyond political concerns, the Committee expressed deep alarm over allegations of excessive and disproportionate use of force by French law enforcement during demonstrations in May 2024 linked to the proposed reforms.

The protests, which erupted amid escalating tensions over electoral changes, reportedly resulted in deaths, injuries, arrests, and widespread unrest across the territory.

Human rights organizations have previously raised concerns over the policing response and the treatment of pro-independence activists during and after the unrest.

The Committee also voiced concern over reports that several Kanak human rights defenders associated with the independence movement were transferred to prisons in mainland France without their consent.

Such transfers have become highly controversial among independence supporters, who argue the measures further marginalize Indigenous activists and disrupt family and community support structures.

The Committee called on France to ensure that all allegations of excessive use of force since May 2024 are investigated "promptly, independently and effectively."

It further urged authorities to prosecute and punish those responsible where appropriate and ensure victims receive "full reparation."

The intervention places additional international scrutiny on France's handling of New Caledonia's decolonisation process at a time when geopolitical attention on the Pacific region is intensifying.

New Caledonia remains one of the world's few territories still listed by the United Nations as a Non-Self-Governing Territory, meaning it remains subject to ongoing decolonisation oversight under international law.

The territory holds significant strategic and economic importance due to its vast nickel reserves and its location in the increasingly contested Indo-Pacific region.

Political analysts say the latest UN warning underscores growing international concern that unresolved tensions over self-determination, Indigenous rights, and political representation could further destabilize the territory if not addressed through inclusive dialogue and consensus-based negotiations.