A/HRC/18/35/Add.6 adequately understand or respect the contemporary significance of central aspects of Kanak identity, such as customary authority, institutions, and land and resource tenure. 19. The following discussion addresses some of the major human rights issues facing the Kanak people, taking note of positive developments as well as ongoing challenges. It is by no means a comprehensive overview of all the issues they confront or of the information provided to the Special Rapporteur in this regard. A. Customary authority and administration of justice 20. A defining aspect of Kanak cultural identity and self-determination is the system of customary institutions and laws that govern relations within and among Kanak clans and communities. Kanak society has several layers of customary authority that derive from historical institutions and their adaptation over time, from the 4,000-5,000 family-based clans to the eight customary areas (aires coutumières) that make up the territory.5 Clans are led by clan chiefs and constitute 341 tribes,6 each headed by a tribal chief. The tribes are further grouped into 57 customary districts or chiefdoms (chefferies), each headed by a Head Chief, and forming the administrative subdivisions of the customary areas. The 1988 Matignon Accord formalized the eight customary areas and their customary councils, which together formed the Customary Council of New Caledonia. The Nouméa Accord converted the Customary Council into the current Customary Senate, with two representatives from each of the eight customary areas, and generally recognized the legitimacy of the customary authorities.7 21. This layered system of customary authority is also the basis for the exercise of customary justice – disputes are settled, when possible, by consensus among lower chiefs or headmen, then referred, as necessary, to clan chiefs, tribal chiefs and head chiefs. Under French law Kanak people are accorded a particular status known as “customary civil status” and with that status may have recourse to customary authorities regarding civil matters such as marriage, adoption, inheritance, and some land issues. The Special Rapporteur was informed that the preferred method of resolution for Kanak civil disputes is by the customary system and that the French system typically respects decisions made in the customary system. However, the Special Rapporteur was also made aware of the frustration of customary authorities that their jurisdiction is sharply limited by France, especially in penal matters. 22. Despite the continued functioning of the Kanak customary justice system, “justice” remains one of the “reserved powers” of France, which will not be transferred to New Caledonia before independence. Some efforts have been made to apply or give consideration to Kanak customary law in civil proceedings in State courts. The State provides for customary assessors (assesseurs coutumiers) to help judges understand customary law and its role in settling disputes. Assessors may be used when both parties are Kanak, but from different tribes or clans with different customary justice systems, or when Kanak parties choose, for whatever reason, to take their disputes to the State civil court. 23. In practice, a judge can consider the social context in criminal sentencing, including customary justice already applied. However, there is no specific provision in French law to permit the application of customary law in criminal matters. Indeed, elements of the 5 6 7 8 While each Kanak clan traces its history to a founding myth, the customary areas were created in the 1980s by Law no. 84-821 of 6 September 1984, relating to the status of the territory of New Caledonia, a precursor to the Matignon Accord. Maison de la Nouvelle Calédonie, La Population de Nouvelle Calédonie (2008). Nouméa Accord, art. 1.2.