A/HRC/18/35/Add.6 subject of specific international protections for indigenous peoples. These protections find expression in the United Nations Declaration on the Rights of Indigenous Peoples, among other international instruments. Many of the provisions of the Nouméa Accord further the objectives Declaration, and the Declaration should guide the interpretation and application of the Nouméa Accord and the development of all laws and policies that affect the Kanak people. 67. Concerted efforts should be made to ensure that officials of both the French and New Caledonia governments and members of the New Caledonia Congress, as well as New Caledonia society, in general, are aware of the Declaration on the Rights of Indigenous peoples and its implications. B. Human rights issues Customary authority and the administration of justice 68. There is a significant level of official recognition of the system of customary institutions and laws that govern relations within and among Kanak clans and communities. 69. This system of customary justice represents an important part of the exercise of Kanak self-governance and self-determination, and the Special Rapporteur was pleased to learn that under French law decisions made in the customary system as to civil matters are generally respected by the State legal system. 70. Nevertheless, continued efforts should be made to enhance the control of Kanak people over their communities, territories and natural resources, including providing effective recognition of their own institutions of authority and customary laws, to the extent compatible with universal human rights standards. 71. In particular, the Government of France should review existing limitations on the exercise of customary justice by Kanak authorities, especially in criminal matters. Kanak participation in the political arena and governance 72. The Nouméa Accord affirms an important level of recognition of Kanak participation in national decision-making, in particular through the establishment and functioning of the Customary Senate and the participation of Kanak people in the Congress of New Caledonia. However, more needs to be done to enhance Kanak participation in decision-making at the territorial level. 73. Consideration should be given to providing the Customary Senate greater influence, and for some matters binding authority, over decision-making in areas of concern to the Kanak people. 74. The Customary Senate should be provided with sufficient funding to effectively exercise its functions. Further, all efforts should be made to ensure that the powers of the Customary Senate are not diminished as powers are transferred from France to New Caledonia. 75. The ability of Kanak people to participate in decision-making at the national level is hampered by the shortage of Kanak individuals in mid- and high-level civil service positions within the Government. As New Caledonia becomes increasingly autonomous, it is necessary to ensure that Kanak people benefit equally from the opportunities presented by the decolonization process. France and the Government of New Caledonia should redouble efforts to prepare the Kanak people for leadership 19

Select target paragraph3