A/HRC/18/35/Add.6
positions, through programmes like the “400 cadres” programme referred to in the
Nouméa Accord.
76.
Efforts should be made to increase Kanak participation in voting and to
remove any existing obstacles to this participation. Special attention should be given
to ensure Kanak registration for participation in future referenda on the status of
New Caledonia.
Lands and resources
77.
The Special Rapporteur recognizes the achievements of the Rural Development
and Land Planning Agency (ADRAF) in returning significant areas of land to Kanak
ownership and control. France and the Government of New Caledonia should make
all necessary efforts to facilitate the resolution of outstanding claims and ensure that
all legitimate Kanak land claims can proceed to a conclusion, without being
constrained by the comparison of total area of Kanak land and private land in the
collectivity.
78.
Consideration should be given to granting customary authorities an increased
role in the functioning of ADRAF, especially in order to establish a customary land
registry and a trust fund for the development of customary land, and also to create a
new resolution mechanism for land disputes arising between indigenous individuals or
clans.
79.
Efforts should be made to ensure that Kanak have access to the sea for
subsistence fishing and shellfish harvesting, as well as for cultural and religious
ceremonies.
80.
The Special Rapporteur recommends that the responsible governmental
authorities redouble efforts to clean up the harmful environmental effects of past and
current mining activities. The environmental recovery initiatives of the Société Le
Nickel in partnership with local Kanak authorities, and the agreed mechanisms for
environmental monitoring of the Goro-Nickel mine and processing plant in South
Province, offer positive models in this regard.
81.
While in general, Kanaks continue to fail to benefit economically from mining
activities in New Caledonia, the Special Rapporteur is pleased to observe a few
promising innovative models for Kanaks to share in the economic benefits of these
activities. These include arrangements negotiated for the operation of the Goro-Nickel
mine and processing plant under the “Pacte pour un développement durable du
Grand Sud”, and the joint venture and related agreements centred around the
Koniambo nickel mine and processing plant. The Special Rapporteur hopes that
consideration will also be given to the establishment of profit-sharing arrangements
with affected Kanak communities, as part of these and future initiatives.
Kanak language
82.
The Special Rapporteur is concerned that a number of Kanak languages are
threatened and in danger of disappearing. Greater attention should be given to
preserving and developing Kanak languages, particularly in the educational setting,
and immediate action should be taken to counter the threat of future loss. The Special
Rapporteur notes with approval the steps that have been taken to provide instruction
in 15 different Kanak languages in 59 preschools (écoles maternelles) in New
Caledonia, and encourages the Government and provinces to prioritize expanding this
programme to reach all students in all primary schools in New Caledonia.
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