UN committee accuses France of infringing on rights of Kanaks New Caledonia’s decolonisation in progress

Pacific solidarity has been pivotal in securing significant United Nations recognition of France's human rights violations concerning the struggle for self-determination and decolonisation in New Caledonia, according to a prominent human rights activist Viro Xulue.

Xulue, a human rights and Indigenous law officer with the Drehu customary council of New Caledonia, attended the 42nd session of the UN Human Rights Committee (UNHRC) in October, Caliber.Az reports via foreign media.

The session examined reports detailing France's violations, specifically regarding the self-determination of Māohi Nui and Kanaky.

The subsequent report from the committee expressed concern about the lack of progress on the self-determination of the people of French Polynesia and included a series of recommendations. Xulue affirmed that the committee had acknowledged and confirmed all the concerns raised during the session. He also expressed gratitude towards José Manuel Santos Pais, the vice-chair, for his impartial and neutral stance throughout the discussions.

“It was amazing to be acknowledged as an indigenous people for the first time,” Xulue said, reflecting on the significance of the recognition. “The French don’t recognise the indigenous people, they talk about the ethnic minority. They don’t want to recognise us as indigenous.”

"Big and historic"

Xule has described his recent appearance before the United Nations Human Rights Committee as "really big and historic" for his people, expressing surprise and pride at the opportunity. "It’s a big surprise and we’re really proud," he said.

The event marked the first time that representatives of Kanak indigenous people had attended a session of the Human Rights Committee. Xule expressed the significance of the moment, stating, "It was really amazing because it was the first time for Kanak indigenous people to be there for the Human Rights Committee."

This appearance came several months after violent riots in New Caledonia, sparked by France's attempt to amend the Noumea Accords in a bid to expand voting rights for French nationals in a potential independence referendum. However, in October, France announced that it would not pursue the electoral reform.

Following a successful presentation to the Committee, Xule revealed that the next step would be at the UN General Assembly, where he plans to work alongside Fiji and Papua New Guinea to incorporate the Committee’s recommendations into a resolution. In June, both nations had submitted a proposal to the UN Decolonisation Committee, calling for a mission to Kanaky to examine the situation in New Caledonia.

When asked if the support from Fiji and Papua New Guinea represented Pacific solidarity, Xule responded affirmatively, saying, "Yeah, we have big Pacific solidarity but, specifically, it started with all the Indigenous people in the Pacific. All of us, we really stand together, we help each other."

Thanked te iwi Māori

A leader has expressed deep gratitude to the Pacific Conference of Churches for its support in funding travel to both New York and Geneva. He also extended his thanks to the Māori community, highlighting their spiritual and historical connection.

"Māori people have sent their warriors to help me, that’s why I’m really thankful. In our legend, the water is coming from Aotearoa. It’s your role to help Kanak people, it’s the role of Māori people because it’s our legend coming from our ancestors."

He continued by explaining the profound spiritual significance of water in their culture, referring to the Māori connection to Aotearoa, also known as the 'Long White Cloud.'

"When we want to have water, we ask the God who lives on Aotearoa, the long white cloud, to bring water to our people. And if we want to connect with our ancestors we asked the Aboriginal people with the big snake, the rainbow serpent, to help us connect with our God."

He concluded by emphasising the powerful bond between the Māori and Kanak people, calling for renewed unity.

“It’s really powerful and it was the rule for Māori people to help Kanak people and we need to connect again, our spirit.”

The UNHRC told France to respect constitutional irreversibility

The Human Rights Committee's latest report has highlighted a number of serious concerns regarding France's treatment of indigenous Kanaks.

One key issue was the third referendum on independence, which took place during the Covid-19 pandemic while Kanaks were observing customary Indigenous mourning. This period of reflection led to a high abstention rate, with 56.13% of eligible voters choosing not to participate. The Committee noted that France had failed to respect the Kanaks' right to be consulted, urging that their free, prior, and informed consent be obtained.

The Committee further recommended that France uphold the principle of constitutional irreversibility outlined in Article 5 of the Noumea Accord. This article guarantees the integrity of the decolonisation process, and the Committee stressed that France must respect this principle.

Another issue raised was the conditions in prisons, with particular concern over the over-representation of Kanaks in the prison system. The Committee called for alternative measures to allow Indigenous convicts to serve their sentences within their communities, rather than in overcrowded prisons.

In response to the excessive use of force by law enforcement officers, restrictions on freedom of expression, and violations of the right to peaceful assembly, the Committee has called for France to submit a response by November 2027 to address these concerns.

Additionally, the Committee addressed the tragic loss of life during an uprising earlier this year, in which 11 Kanaks and two French gendarmes were killed.

Freedom of expression concerns

Concerns have been raised regarding freedom of expression, with journalists facing arbitrary arrests and excessive force while covering protests. A report has called on the state to ensure journalists can report on demonstrations without undue restrictions or risks to their safety.

The committee also expressed alarm over a marked rise in defamation cases, which it believes are being used to intimidate, silence, and financially burden journalists, human rights defenders, and trade unionists.

Since the terrorist attack by Hamas on Israel on October 7, the committee noted that numerous political, trade union, and community leaders had been prosecuted for "condoning terrorism" when they highlighted the broader context of the attacks.

Further concern was raised about the temporary closure of a major social media platform in response to unrest in New Caledonia in May.

Regarding the right to peaceful assembly, the committee pointed out the arbitrary arrest of peaceful demonstrators and the banning of their protests by authorities, often citing an alleged threat to public order. This included protests in support of Palestinians.

Where to next?

Xulue described the recommendations made by the Human Rights Committee as a historic milestone for Kanaky, as they paved the way for a request for a UN special rapporteur to investigate human rights in New Caledonia. This investigation could potentially garner support at the UN Decolonisation Committee.

The next phase, Xulue stated, would involve implementing the recommendations aimed at indigenous groups, particularly by integrating them into institutions like the customary councils. However, he stressed that the French government must also take action in this regard.

Last week, the President of the French National Assembly and the President of the French Senate visited Kanaky. While Xulue was uncertain about the purpose of the mission, he expressed concern that it might signal an attempt to undermine the Noumea Accord.

“The indigenous people, we don’t want to bury the Noumea Accord because the Noumea Accord is the process of the decolonisation, for the sovereignty of Kanaky,” he remarked.

Indigenous representatives are set to take part in the 2025 Indigenous Forum and Decolonisation Committee, as well as the UN Committee Against Torture in May 2025. They will address the events surrounding what Xulue referred to as the first and second civil wars in New Caledonia—conflicts from the 1980s and more recently earlier this year. The French term these incidents “the events” and classify them as civil unrest.

Xulue emphasised, “The struggle is not finished.”

The Human Rights Committee has scheduled its next constructive dialogue with France for 2032 in Geneva.

By Aghakazim Guliyev