GENEVA - France must ensure that political and constitutional reforms concerning New Caledonia proceed only with the effective participation of the Kanak Indigenous People, grounded in their free, prior and informed consent, the UN Committee on the Elimination of Racial Discrimination warned today.
Acting under its Early Warning and Urgent Action Procedure, the Committee urged France to ensure that any legislative, constitutional or administrative measure concerning New Caledonia's decolonisation and self-determination process is subject to effective, transparent and good-faith consultations with the representative institutions of the Kanak Indigenous People.
The Committee warned that recent initiatives to alter the political framework created by the Nouméa Accord could undermine key protections built into the Accord, including the principle of "irreversibility", as well as New Caledonia's self-determination process. The Nouméa Accord, signed in 1998, established the framework for New Caledonia's gradual decolonisation process, including recognition of Kanak identity, greater autonomy and a pathway for the people of New Caledonia to decide their political future.
The Committee said these initiatives could negatively affect the Kanak Indigenous People's enjoyment of rights protected under the Convention, "in particular the right to political participation."
The Committee said political reforms affecting the rights and interests of the Kanak Indigenous People had reportedly been initiated without prior consultation or their effective participation, "notably by excluding the Customary Senate of New Caledonia and the Customary Councils of the eight customary areas." In particular, the Committee expressed concerns about reports that "in early 2025, negotiations conducted behind closed doors in Bougival by the French authorities" led to a new political agreement on New Caledonia's future and a draft bill to expand the electorate in New Caledonia without obtaining the free, prior and informed consent of the Kanak Indigenous People. It also noted with concern that the process now promoted by the French Government would no longer constitute a multilateral negotiation involving the people of New Caledonia.
The Committee urged France to take immediate and concrete measures to guarantee the Kanak Indigenous People's effective participation in public affairs, ensure that reforms strengthen their political participation on an equal footing, and subject any reform affecting their rights to "inclusive and participatory dialogue" with their representative institutions. It also called for any measure relating to New Caledonia's decolonisation and self-determination process to be based on consultations conducted "with a view to obtaining their free, prior and informed consent."
The Committee also expressed deep concern over allegations of excessive and disproportionate use of force, including lethal force, by law enforcement agencies during demonstrations in May 2024 linked to the reforms. It also raised concern over reports of the non-consensual transfer of several Kanak human rights defenders linked to the independence movement to prisons in mainland France.
It called on France to ensure that all alleged cases of excessive use of force since May 2024 are investigated promptly, independently and effectively, that those responsible are prosecuted and punished where appropriate, and that victims receive full reparation.
The full statement is now available online.
