THE UN Committee on the Elimination of Racial Discrimination (CERD) has warned France that any political or constitutional reforms concerning New Caledonia must proceed only with the free, prior, and informed consent of the Indigenous Kanak people.
Acting under its Early Warning and Urgent Action Procedure, the Committee urged France on May 6 to ensure transparent, good-faith consultations with Kanak representative institutions on any measures related to the territory’s decolonization process.
The Committee expressed concern that recent French initiatives to alter the framework of the 1998 Nouméa Accord could undermine key protections, including the principle of “irreversibility” and the path to self-determination. It said such reforms could negatively affect the Kanak people’s right to political participation.
According to CERD, political reforms affecting Kanak rights have reportedly been initiated without prior consultation, notably by excluding the Customary Senate and the customary councils of the eight customary areas. The Committee specifically cited concerns over closed-door negotiations in early 2025 in Bougival, which led to a new political agreement and a draft bill to expand the electorate without obtaining Kanak consent.
The Committee urged France to take immediate measures to guarantee the Kanak people’s effective participation in public affairs and to subject any reform affecting their rights to inclusive dialogue with their representative institutions.
Separately, CERD expressed deep concern over allegations of excessive and disproportionate use of force, including lethal force, by law enforcement during protests in May 2024 linked to the reforms. It also raised concern over the non-consensual transfer of several Kanak human rights defenders to prisons in mainland France.
The Committee called on France to ensure prompt, independent investigations into all alleged cases of excessive force, to prosecute those responsible, and to provide full reparation to victims.
Source: The National Tribune
