A/HRC/18/35/Add.6 III. The Nouméa Accord 10. Significant consensus on how to build New Caledonia’s future and address the inequities faced by the Kanak people is represented by the Nouméa Accord. This framework agreement defines the status of the relationship between New Caledonia and France, created the current government institutions in New Caledonia and advanced the territory along its present path to decolonization. Signed in 1998 between the Government of France, the New Caledonia pro-independence coalition (FLNKS) and the New Caledonia pro-unity movement (RPCR2), the Nouméa Accord has broad support from both Kanak and non-Kanak people in New Caledonia. It became law through its incorporation into the French Civil Code by Organic law no. 99-209 of 19 March 1999 concerning New Caledonia, and the related amendment of the French Constitution. The Nouméa Accord builds on the landmark peace agreement, the Matignon Accord signed in 1988, which brought an end to violent confrontations that took place in the 1970s and 1980s that surrounded responses to the Kanak nationalist movement led by the FLNKS. 11. The Nouméa Accord of 1998 is often cited for the principles laid out in the preamble, which acknowledge the Kanak people as the original indigenous inhabitants of the territory, describe the devastation wrought by the early stages of French colonialism and its lasting effects on Kanak identity and well-being, and describe the waves of migration that populated New Caledonia. The Accord prescribes a shared future in which the Kanak people, the French settler communities and others living in New Caledonia have equal rights to reside in the country. The Special Rapporteur found that this basic framework – while described by many individuals as a compromise of political necessity – has been broadly embraced as the foundation for the future of New Caledonia. Within this framework, the Accord recognizes Kanak identity and customary institutions, along with certain measures to advance Kanak cultural expression; it further provides an impetus for economic investment and capacity building in the less populated and more impoverished, mostly Kanak North and Loyalty Islands provinces, in order to “rebalance” the country. 12. More comprehensively, the Accord establishes the process for the gradual decolonization and self-determination of New Caledonia. This includes the irreversible transfer of governmental functions from France, except for certain reserved powers, 3 to government institutions representative of and controlled by the people of New Caledonia, and a timeline for a referendum on the question of independence of New Caledonia from France, to be held during the fourth five-year congressional term following the signing of the Accord – between 2014 and 2019. The referendum will address whether the reserved powers should also be transferred to New Caledonia; whether New Caledonia should become an independent State, with the responsibilities thereof; and whether Caledonian citizenship should become Caledonian nationality. In the event of a vote against full independence, the Accord provides for annual referenda for the following two years, after which, if there is no vote in favor of independence, the partners will meet to decide on the way forward.4 13. Under the Nouméa Accord, New Caledonian citizenship gives the right to vote in special elections such as the upcoming independence referendum. Citizenship is premised on residence prior to the signing of the Matignon Accord in 1988. Issues concerning electoral rolls are addressed further in section V below. 2 3 4 6 Rassemblement pour la Calédonie dans la République. These are related to administration of justice, maintenance of public order, security and defense, nationality, currency and budgeting, and international relations. Nouméa Accord, sect. 5.