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People, Status, housing, Noumea

Origin : "Accords de Matignon"

Since 1956 New Caledonia had several different status. In particular a major decentralization was granted in 1956 to be negated some years later by the French government.

The 1984-1988 period was marked by grave infighting between people wanting full independence of the territory ("independentists") who were Melanesian in majority, and "loyalists" mostly Europeans with some members of other communities, wanting to stay French. It was also a period where various status solutions were experimented.poignee de mains

In 1988, the agreements named "Accords de Matignon", brought peace back. They were symbolized by a shake-hands between Jacques Lafleur and Jean-Marie Tjibaou, historical leaders respectively of the "loyalists" and of the independentists.

The "Accords de Matignon" agreements were followed by the implementation of a new status negotiated between the two camps and the French Government. This status had a 10 year duration at the end of which a referendum was to be held for resolving the question of New Caledonia independence.

"Accords de Nouméa"

A new negotiation was organized instead. It led to new agreements named "Accords de Nouméa" signed on 5th May 1998. The "Accords de Nouméa" have reinforced peace between communities.

These "Accords de Nouméa" have generated the current status which has a duration of 15 to 20 years. It was put in force by a law the "Loi organique" of December 1998 on New Caledonia. The law disposes that the colonial dispute is ended and that the kanak identity is fully recognized. It is also stipulated that the French State recognizes New Caledonia vocation to complete freedom. Dispositions of this law appear as a transitional mechanism which should lead to full sovereignty.

The collectivity currently created is new in French Law. Specialists called it a "country with shared sovereignty". This status has similarities with the one of a federal state, a very new concept in a centralized state such as the French Republic.

During the fourth mandate of the local congress, that is at the latest in 2018, a new consultation of the inhabitants will be done on the question of independence. Two more consultations will be held if independence is not approved. Should voters persist in their choice, the organization of the 1998 agreements will stay in force. The French constitution dispose that irreversibility will be guaranteed in case of vote for independence.

French State competences transfer to New Caledonia

Most of the French State competences are transferred to the New Caledonia Territory.

However the "kingly competences" : justice, public order, defense, money and foreign affairs (the latter with peculiar dispositions, see shared competence) remain French State Competences.

At the end of a period of 15 to 20 years, the full transfer to New Caledonia of the kingly competences, the international status of full responsibility and the organization of citizenship in nationality, will be proposed to the interested population.

If approved, New Caledonia will be a fully sovereign state.

In the current status some competences are shared : international and regional affairs (New Caledonia is associated for matters concerning its territory), foreigners, TV and radio media, law and order (local executive is informed), airlines, mining regulations (French State is represented at the local mining council), education (university level) and research.

The executive of New Caledonia has become a collegial government elected by the Territorial Congress and responsible to it. The executive is designated by the congress at proportional vote.

New Caledonia freely can set its identity symbols enabling to mark its own personality, side by side with the French National emblem and the French Republic symbols. New Caledonia can decide to change its own name.

The competences (other than the kingly competences) transfer from the French State to New Caledonia will be progressively done over the duration of 4 congress terms (5 years each).

Citizenship and citizens rights.

The law "Loi organique sur la Nouvelle-Calédonie" has created a New Caledonia citizenship. Its citizens remain of French nationality.

This law establishes a restricted electoral body for the consultations which should happen during the fourth congress mandate. Vote is reserved for people who meet some specific conditions such as a residence of at least 20 years in New Caledonia. The electoral body for electing the Province Assemblies and Congress is also restricted but to a lesser extent. The law disposes that New Caledonia will take steps for facilitating employment preferably of citizens of New Caledonia.

These dispositions of the "accords de Nouméa" raise complex questions relating to equal rights of citizens. This law has also required amendment of the French Constitution.

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