A/HRC/18/35/Add.6
example, in areas of education, remuneration, inheritance and succession, and speech or
other forms of expression. Especially noted were customary rules by which a Kanak
woman does not have inheritance rights; her estate reverts to her husband’s clan on the
death of her husband. Women also noted their lack of representation in customary
institutions, while at the same time pointing out that in the past, there were exceptions to
the typical gender roles, such that, for example, sometimes women were chiefs.
62.
However, in all cases in which such concerns were raised to the Special Rapporteur,
women affirmed the need to maintain and strengthen the overall integrity of Kanak culture,
while encouraging changes to bring about greater equality for women within Kanak cultural
patterns. The Special Rapporteur was encouraged to hear that the Customary Senate –
which is exclusively composed of male chiefs – had agreed to meet with the women to
discuss how they could participate in the work and decision-making processes of the
Senate. Furthermore, Kanak women members of the New Caledonia Government informed
the Special Rapporteur that the application in New Caledonia of the French gender parity
law has led to the presence of more women, including Kanak women, in the provincial
assemblies, New Caledonia Congress, and Government.33
63.
The Customary Senate raised the issue of violence against women, a global issue
that also plagues the Kanak people. The Senate’s concern was echoed by women’s
representatives, and is further underscored when one looks at the breakdown of offenders in
the Nouméa prison: nearly 25 per cent of offenders in prison are charged with an offence of
sexual violence.34 The Special Rapporteur encourages the Customary Senate, the Provinces
, women’s associations and others to continue working to eliminate violence against
women.
VI. Conclusions and recommendations
A.
General legal and policy framework
64.
Significant steps have been taken to acknowledge and advance the rights of the
Kanak people within the framework of the process of decolonization of New
Caledonia, put in place by the Nouméa Accord of 1998. The Nouméa Accord, which
has been incorporated into French law, has broad support from both Kanak and nonKanak people living in New Caledonia.
65.
The Nouméa Accord provides for the gradual, irreversible transfer of powers
from France to New Caledonia with the possibility of full independence in the future,
while at the same time recognizing the distinct identity of the Kanak people and the
need to reverse historical trends of oppression against them, consistent with
international standards on both decolonization and indigenous peoples.
66.
While being participants in the decolonization process along with others who
are deemed to be legitimate inhabitants of New Caledonia, the Kanak people are the
33
34
18
Government of New Caledonia, Guide éducatif sur les droits des femmes et sur l’égalité entre les
sexes (2009), p. 82, (which states that French parity law of 2000 was applied for the first time in New
Caledonia in 2001, in provincial elections in 2004, and in municipal elections in 2008, resulting in a
considerable increase in the percentage of women holding public office).
Statistics presented in a slide show by Camp Est prison authorities, 8 February 2011. Unreported
assaults are likely to be high, as it was explained to the Special Rapporteur that victims of violence
confront a “law of penitence” through which a violent offender, including in cases of sexual assault
and rape, can apologize the day after an assault and the matter will be considered finished.