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
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