A/HRC/18/35/Add.6
I. Introduction
1.
The present report examines the human rights situation of the Kanak people of New
Caledonia, a sui generis collectivity of France.1 It is based on information provided to the
Special Rapporteur during his visits to New Caledonia from 6 to 13 February 2011 and to
Paris from 22 to 24 July 2011, as well as on written submissions provided to the Special
Rapporteur and independent research. The visits were carried out with the cooperation of
the Government of France and the authorities and indigenous leaders in New Caledonia.
2.
During his visit to New Caledonia, the Special Rapporteur visited North Province
and South Province on Grand Terre, the main island of New Caledonia, as well as Loyalty
Islands Province. On Grand Terre, he visited the communes of Nouméa, Koné, Poro, Thío,
and Sarraméa, and in the Loyalty Islands, the islands of Lifou and Ouvéa. He met with
representatives of the French Government, including the High Commissioner, subprefects
(sous-préfets) of North and Loyalty Islands provinces, and the judge of the court
established in Lifou. He also met with officials of the Government of New Caledonia,
including the President, Vice-President and cabinet members, the First and Second VicePresidents of Congress, the full Customary Senate (Sénat coutumier), representatives of the
Rural Development and Land Planning Agency (ADRAF), Presidents of the Provincial
Assemblies in North, South and Loyalty Islands provinces or their deputies, Mayors of
Koné and Maré, and a representative of the Mayor’s office in Nouméa.
3.
The Special Rapporteur was pleased to have been received by and have the
opportunity to meet with the authorities and members of several Kanak communities,
including the chiefs and customary Councils (Conseils coutumiers) of Ajië Aro, Hoot ma
Waap and Paici-Camuki. He also met with representatives of a number of Kanak
organizations, including the Conseil national pour les droits des peuples autochtones
(CNDPA); neighbourhood associations in the communities of Montravel, Tindu and
Nouville in the commune of Nouméa; the Comité de revendication indigène (CRI); the
Association des 33 communes; the Groupe dynamique autochtone LKS; the Union
nationale du peuple Kanak (UNPK); the Association de la renaissance culturelle; several
Groupements de droit particulier local (GDPLs); women’s councils in North and Loyalty
Islands provinces; and several associations representing Kanak youth. The Special
Rapporteur met with members of political parties, namely the Front de libération nationale
kanak socialiste (FLNKS) and the Parti travailliste (PT); labour unions, including the Union
des syndicats des travailleurs Kanak et des exploités, the Confédération national des
travailleurs de la Pacifique, the Syndicat autonome des policiers de Nouvelle-Calédonie,
theRevenue Services of New Caledonia, the Union des groupements de parents d’élèves
(EGPE); and environment protection associations, including Corail vivant, Réveil quotidien
and Sauvegarde de la nature néo-Calédonienne. Finally, the Special Rapporteur spoke with
representatives of the Koniambo and Vale-New Caledonia mining interests, and visited the
Camp Est prison facility in Nouméa.
4.
In Paris, the Special Rapporteur was pleased to be received by Marie-Luce
Penchard, Minister in charge of the Overseas; the adviser to the Prime Minister on overseas
issues; Pierre Frogier and Maurice Ponga, members of the French National Assembly and
1
4
New Caledonia is the only overseas territory of the Republic of France with this special status, which
reflects its path toward autonomy, including the progressive and irreversible transfer of governmental
responsibilities from the Government of France to the New Caledonia Government (see Ministère de
l’Outre-Mer) and the creation of New Caledonian citizenship (see Organic law no. 99-209 of 19
March 1999 concerning New Caledonia, art. 4).