France signs agreement establishing a ‘State of New Caledonia’ News
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France signs agreement establishing a ‘State of New Caledonia’

Representatives of France and the New Caledonian political forces signed an agreement on Saturday establishing a “State of New Caledonia” within the French republic.

President Emmanuel Macron hailed the agreement, which was reached after 10 days of discussions, as “historic.” He stated, “The time has now come for respect, stability, and the coming together of goodwill to build a shared future.”

The agreement, titled “The bet on trust,” provides for the enshrinement of the “State of New Caledonia” in the French Constitution, offering New Caledonia a path to stability and international recognition. The French government committed to presenting necessary constitutional amendments to parliament for the realization of the agreement, particularly revising Title XIII of the constitution.

In 1998, the Nouméa Accord established a gradual decolonization process over a 20-year period, entailing shared sovereignty between New Caledonia and France, a new dual citizenship for New Caledonians, and full recognition of the indigenous Kanak identity. The Nouméa Accord was later constitutionally entrenched under Title XIII, “transitory provisions applicable to New Caledonia.” The new agreement, however, revokes the provisions of the accord that contradict the agreement.

Saturday’s agreement additionally sets out criteria for the establishment of a New Caledonian nationality, including being the child of a parent fulfilling the conditions for acquiring New Caledonian nationality and residing in New Caledonia for at least ten years. This benefits New Caledonians with dual nationality, both French and New Caledonian. The agreement also provides for the adoption of the Fundamental Law of New Caledonia in 2026, enshrining its capacity for self-organization, and its power to modify the country’s identity symbols, and incorporate a charter of New Caledonian values. France also devolves to New Caledonia the competence to conduct diplomatic actions in accordance with international commitments and the vital interests of France.

New Caledonia, site of a well-established nickel industry, was a colony of France from 1853 to 1946. However, subsequent agreements between New Caledonian representatives and the French government, namely the 1988 Matignon Accords and the 1998 Nouméa Accord, transitioned the territory to a semi-autonomous French overseas territory. This accorded the island a special status of sui generis collectivity within the French Republic. The administering power in New Caledonia is represented by a high commissioner, who exercises the authority of the French Republic.

Notably, this type of territorial governance does not fit into the UN decolonization principles, which encompass “independence, free association or integration with an independent State.” With the latest agreement falling short of granting full independence to New Caledonia, it retains its status as a Non-Self-Governing Territory under the UN Charter. This has sparked criticism in New Caledonia, with Joel Kasarerhou, president of the civil society group Construire Autrement, calling the agreement a “poor” replica of previous agreements.

The agreement follows the May 2024 riots that broke out in New Caledonia against the attempt of the French Parliament to modify the island’s electoral body. UN experts have condemned the legal proposal as it undermines “human rights and the integrity of the overall decolonization process.”