UN calls on Paris over New Caledonia decolonisation after Baku discussions France faces a double setback

France’s colonial policy in New Caledonia has for several years been subject to sharp criticism from certain human rights organisations. Paris has been accused of failing to respect the cultural and legal specificities of the indigenous peoples, as well as of providing only limited support for their aspirations to free themselves from colonial dependence on France.

In this context, the active work of the Baku Initiative Group (BIG) should be noted. It was established by participants of the conference “Towards the Complete Elimination of Colonialism,” held on July 6, 2023, in Baku, within the framework of the ministerial meeting of the Coordinating Bureau of the Non-Aligned Movement under Azerbaijan’s chairmanship. The BIG regularly publishes reports dedicated to the history of the colonisation of New Caledonia and its consequences.

“We will support you as much as we can with all our resources until you are free. You and millions like you are free to live on your land, to plan your future, and to protect your heritage, your dignity, and your language, which they want to deprive you of,” said President of Azerbaijan Ilham Aliyev at the Second Shusha Global Media Forum.

And today it became known that the UN Committee on the Elimination of Racial Discrimination (CERD) issued a strong warning to France regarding the issue of Kanak self-determination. It states that Paris must ensure that political and constitutional reforms in New Caledonia are carried out exclusively with the participation of the indigenous Kanak people and on the basis of their consent.

The Committee urged France to guarantee that any legislative, constitutional, or administrative measures related to the decolonisation process and the self-determination of New Caledonia are adopted on the basis of effective, transparent, and good-faith consultations with the representative institutions of the indigenous Kanak people.

It also warned that recent initiatives aimed at changing the political structure established by the Nouméa Accord could undermine key guarantees enshrined in the document, including the principle of “irreversibility”, as well as the self-determination process of New Caledonia.

The Nouméa Accord, signed in 1998, laid the foundation for a gradual decolonisation process in New Caledonia, including recognition of the Kanak identity, greater autonomy, and the possibility for the territory to determine its own political future. The UN Committee stated that these initiatives may negatively affect the exercise of Kanak rights, “in particular the right to political participation.”

According to available information, political reforms affecting the rights and interests of the indigenous Kanak people were initiated without prior consultation and without their effective participation, “notably by excluding the Customary Senate of New Caledonia and the Customary Councils of the eight customary areas.”

The Committee also expressed concern over reports that “in early 2025, negotiations conducted behind closed doors in Bougival by the French authorities” led to a new political agreement on the future of New Caledonia and the drafting of a bill to expand the electorate in the country, without obtaining the free, prior and informed consent of the Kanak people.

The UN Committee also urgently called on France to take immediate measures to ensure the effective participation of the Kanak people in public affairs, to guarantee that ongoing reforms strengthen their political participation on an equal basis, and to ensure that any reforms affecting their rights are conducted through an “inclusive and participatory dialogue” with their representative bodies.

The UN body expressed deep concern over allegations of excessive use of force by law enforcement during demonstrations in May 2024. It also raised concerns about reports that several Kanak human rights defenders linked to the independence movement were transferred, without consent, to prisons in mainland France.

The Committee urged Paris to ensure that all alleged cases of use of force since May 2024 are promptly, independently, and effectively investigated, that those responsible are held accountable and punished where appropriate, and that victims receive full compensation.

By Farah Mammadli