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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Agreement on New Caledonia
Record 274

Country :

France/New Caledonia

Agreement Title/Name:
Agreement on New Caledonia
Year :
1998
Date Signed :

5 May 1998

Summary :

Preamble acknowledging the wrongs of French colonialism and its effect on the Kanak people. Agreement contains provisions dealing with customary law, language and cultural heritage aimed at protecting Kanak identity more fully. Agreement envisages gradual transfer of power to proportionally representative assembly and executive and ?communes? which involve customary authorities. A section is devoted to economic and social development. Implementation is provided for in the form of a French Constitutional Revision Bill and a referendum on the agreement.


Parties :
Govt of France, (not clear who signed on behalf of NC- mention of a Committee of Signatories)
Third Parties :
Statehood/Identity :
Agreement envisages gradual transfer of power to proportionally representative assembly and executive and ?communes? which involve customary authorities, I.e. shared sovereignty leading to full sovereignty after twenty years, pending popular approval. Article 5 sets out modalities of a referendum on the agreement, and NC achieving complete independence in twenty years;
Governance/Democratic Inst :
Article 2.1 Provincial Assemblies and Congress, draft laws to be referred to Customary Senate where they concern the Kanak identity- Congress has final vote; Economic and social Council with consultative role; 2.3 The Executive; Article 2.4 Comunes 'could' be given broader responsibilities in the fields of urban planning, local development, concessions for electricity distribution, and local taxes. State of territorial lands could be transferred to them; Article 3 lays out tranferred, shared and reserved (justice, law and order, defence and currency) powers
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Not Applicable
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
Article 1.4 Customary land to be surveyed and registered so that customary rights over any piece of land can be clearly identified. Land reform will be continued. A survey of State land and land held by the terrirtory will ne undetaken with a view to assigning these land areas to other local govt entities or to customary owners or private owners, either in order to restore land rights or to enable developments of common interest to be carried out.
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
Article 1.2.5 establishes Customary Senate consisting of reps from each customary area to be consulted on subjects relating to Kanak identity; 4. French public corporations working solely in New Caledonia will become New Caledonian public corporations as soon as New Caledonia expresses a wish to that effect; Article 5 sets out modalities of a referendum on the agreement, and NC achieving complete independence in twenty years; Article 6.1 Implementation is provided for in the form of a French Constitutional Revision Bill
International Community :
UN Involvement :
Source :
International Legal Materials


Database hosted on INCORE webservice.

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