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7 Austl. Indigenous L. Rep. 88 (2002)
Noumea Accord

handle is hein.journals/austindlr7 and id is 98 raw text is: NEW CALEDONIA NOUMEA ACCORD Government of France, Front de Liberation Nationale Kanak et Socialiste and the Rassemblement Pour la Calidonie dans la R6publique (RPCR) 5 May 1998 After a complex series of negotiations, the Noumea Accord for New Caledonia was signed on 5 May 1998 by the government of France, the Kanak independence movement Front de Lib6ration Nationale Kanak et Socialiste (FLNKS) and the conservative settler party Rassemblement Pour la Caledonie dans la Republique (RPCR). Subsequent legislation in Paris enacted key elements of the Accord, including: * constitutional changes to New Caledonia's status within the French Republic, creating 'shared sovereignty', a new citizenship for New Caledonians, and ending the previous status as a territoire d'outre-mer (overseas territory) of France; * elections in May 1999 for new political institutions, replacing the existing Territorial Congress; * an 'irreversible' transfer of administrative powers from Paris to local authorities and the new Congress in New Caledonia; * measures to recognise Indigenous Kanak culture and identity (highlighted by a preamble to the Noumea Accord which acknowledges the 'shadows' of the colonial period); and * a further 15-20 year transition before a referendum on self-determination for New Caledonia, possibly leading to the 'emancipation' of the territory. The transitional status created by the Noumea Accord is unique, and was negotiated in stages. Following the signing of the agreement on 5 May 1998, the French National Assembly and Senate passed amendments to the French Constitution that were approved at a joint sitting of Parliament at Versailles on 6 July 1998. The agreement was then ratified by nearly 72 per cent of the population of New Caledonia in a referendum on 8 November 1998. The French Parliament passed legislation to implement the referendum decision on 12 March 1999. This opened the way for May 1999 elections to the new political institutions: a) Three Provincial Assemblies for the Southern Province (40 seats), the Northern Province (22 seats) and the Loyalty Islands Province (14 seats). b) A new 54 seat Congress made up of 32 Assembly members from the south, 15 from the north and 7 from the Loyalty Islands, elected for five-year terms. c) A Government executive of 11 members that replaced the French High Commissioner as the country's executive body, and can propose laws for adoption by the Congress. d) A 16-member Senate for Indigenous customary chiefs, which must be consulted on issues that affect Kanak identity. The new category of 'New Caledonian citizens' under French law is important for voting, immigration and employment rights. Only New Caledonians were allowed to vote in the November 1998 referendum and for the Assembly and Congress elections (however, New Caledonian citizens retain their French nationality, and can join all other French nationals to vote for the French National Assembly and European Parliament). Powers currently held by the French State will be transferred to New Caledonia in stages. Unlike France's autonomy statutes for Vol 7no 1. 2002 AR

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