THE AUSTRALIAN NATIONAL UNIVERSITY
School of International, Political and Strategic Studies State, Society and Governance in Melanesia State Society and in Governance Melanesia
DISCUSSION PAPER
Discussion Paper 2010/2
Under a new flag? Defining citizenship in New Caledonia
In October 2009, the French government French Constitution, which states that France nic launched a ‘grand debate on national iden- is an ‘indivisible republic’ and ensures ‘the maclellan tity’. Through the Ministry of Immigration and equality of all citizens before the law, without National Identity, the government set up a distinction of origin, race or religion’. website asking ‘For you, what does it mean In spite of these principles, the May to be French?’.1 1998 Noumea Accord includes the creation This initiative sought community perspec- of a New Caledonian ‘citizenship’, as a tives on citizenship in an age of globalisation legal mechanism to allow positive discrimi- and migration into Europe from Africa, the nation for the indigenous Kanak people and Maghreb and Mashreq. It also came at a other long-term residents of New Caledo- time when France, Belgium and Switzerland nia, against French soldiers, public servants were engaged in debates over Islam and and other workers on short-term contracts the banning of the burqa, hijab and mosque who mostly vote against independence. As minarets. detailed below, New Caledonian citizens are But this debate over nationality, identity given certain privileges—in voting, employ- and citizenship also raises significant issues ment and economic rights—that are not for people living in France’s overseas depen- available to all French nationals who are liv- dencies. What does citizenship mean for ing in the islands. people in the Pacific islands colonised by Other articles by the author have highlight- France—New Caledonia, Wallis and Futuna ed the broader process of inter-communal and French Polynesia? reconciliation underway in New Caledonia, Under its constitution, France has only seeking to transcend the violent clashes of one category of citizenship, unlike other the mid-1980s and build a ‘common destiny’ European Union (EU) members that have for all communities in New Caledonia.3 variegated citizenship for people living in This paper focuses on debates about New their overseas territories.2 This reflects the Caledonian citizenship over the last decade, core principle set out in Article 1 of the 1958 at a time when the islands are moving closer Under a New Flag? Defining Citizenship in New Caledonia
to a decision on their final political status, As Australia has seen in recent years, and the Kanak independence movement debates over national identity soon come is still seeking the transfer of full political down to defining the rights and responsi- sovereignty from France to an independent bilities of citizens, and whether all residents nation—Kanaky. The paper also outlines are living in ‘one nation.’ The furore over some of the special rights attributed to the ‘What does it mean to be French?’ highlights indigenous Kanak people; details a series an ongoing debate within France over the of legal and political challenges to a more resilience in the 21st century of so-called restrictive notion of citizenship; and describes ‘national values’: republicanism, secularism how new voting rights were entrenched into and the revolutionary trinity of Liberty, Equal- French law in the dying days of the Chirac ity and Fraternity. presidency. As France’s Overseas Minister Yves Jego A central theme throughout the paper is argued in a 2008 speech to New Caledonia’s the way that a number of key conservative Congress: politicians have attempted to move away Our France is not a race, not a land, not from the commitments they made in signing the colour of one’s skin. Our France is the Noumea Accord. Their ongoing vision something that men around the world of New Caledonia as an integral part of the aspire to—the universal quest for lib- French republic may scuttle attempts to build erty, equality and, let us not forget, a ‘common destiny’ between the indigenous fraternity. Our France, it’s a nation Kanak population and those recognised as without parallel, which has known how the ‘victims of history’, the descendants of to enlighten the world with its brilliance convicts, settlers and immigrant workers who and bring together in its melting pot so 4 have made New Caledonia their home. many different men and women.6 Religion, nationality and citizenship However, for a country with a long and ongoing colonial tradition, national pride in Conservative leaders like France’s President liberty and equality takes on a particular Nicolas Sarkozy have long sparked public irony for colonised peoples in the French debate over citizenship and national iden- empire. tity. As Interior Minister in 2004, Sarkozy French traditions of republicanism, secu- introduced a ban on the wearing of hijab or larism and separation of church and state other distinctive religious symbols in public sometimes fit awkwardly in the Pacific islands. schools. As President, his 2009 proposal to Secularism has been challenged in these ban the wearing of the burqa in public has strongly Christian nations: article 3 of the raised concern and anger amongst many 1961 statute establishing Wallis and Futuna French citizens of Muslim heritage and belief, as a French overseas territory protects the as well as people who see the debate as a rights of the Catholic Church over education, diversion from the core economic and socials clergy and social issues in this overwhelm- problems facing the county. ingly Catholic society. (This protection of one The French government’s latest ‘national church is unique in France’s overseas pos- identity’ initiative was denounced by many sessions.) In Tahiti, pro-independence politi- commentators as a cynical political manoeu- cians from the Tavini Huiraatira party caused vre in the lead up to the 2010 regional a stir when they came into office in 2004 and elections (where Sarkozy’s Union pour un proceeded to erect a large crucifix on the wall Mouvement Populaire (UMP) party lost many behind the speaker’s chair in the local parlia- seats to the Socialist Party opposition). Crit- ment, scandalising the French High Com- ics have described it as a crude attempt at missioner. Critics of French nationalism have capturing part of the electorate that supports highlighted the Republic’s ongoing support the extreme right-wing Front National (FN), for the three kings of Wallis and Futuna—an by stigmatising African and Muslim migrants irony for the nation that marks the fall of the 5 and refugees. Bastille as its national holiday.7 Under a New Flag? Defining Citizenship in New Caledonia
The notion that French citizenship exists destiny and could become a nationality ‘without distinction of origin, race or religion’ at the end of the Agreement’s period has been most sharply challenged in the of application, should it so be decided. islands of New Caledonia. As this paper will During this period, the concept of detail, the Noumea Accord, a political settle- citizenship justifies the restrictions ment which ended the violent conflict of the applied to the electorate both for elec- 1980s in the Melanesian nation, saw the cre- tions to the country’s institutions and ation of a distinct New Caledonian citizenship for the final referendum. This concept for long term residents of the islands. will also be referred to in the drawing This settlement reflected a compromise up of regulations aimed at protecting between the interests of Kanak nationalists local employment opportunities.10 seeking political independence from France, The Noumea Accord was accepted in and those of long-term residents of Euro- a national referendum in July 1998, and pean, islander or Asian heritage who make entrenched in the French Constitution after up the majority of the population after 157 the passage of specific legislation in March years of colonisation, settlement and ongoing 1999.11 A new section of the French Consti- immigration. At the last New Caledonian cen- tution was added following the 1998 referen- sus which recorded people’s ethnicity, held in dum, and Article 77 now gives the authority to 1996, Kanaks made up 44.1 per cent of New the local legislature in Noumea to determine Caledonia’s inhabitants, followed by Euro- regulations covering citizenship, voting rights peans (34.1 per cent) and Wallisians (9 per and access to employment in New Caledonia cent). Other officially designated communities (though the French Council of State or other (Indonesian, Tahitian, Vietnamese, ni-Vanu- relevant French tribunals has to approve the 8 atu) each made up less than 3 per cent. ‘laws of the country’ proposed in the local The 1988 Matignon–Oudinot Accords Congress). ended the period of armed conflict between The issue of citizenship in New Caledo- supporters and opponents of independence nia is complex, both politically and legally. in 1984–88, but a decade later most leaders Firstly, New Caledonia’s political settlement agreed on the need for a new agreement to has created sui generis decisions in French avoid a referendum on independence that jurisprudence, which do not apply in other could tip the country back into violence. French ‘collectivities’ (the latest term used for The Noumea Accord—signed on 5 May France’s overseas colonies). Secondly, EU 1998 by the French government, anti-inde- law is evolving on the rights of residents in pendence politicians and the independence the overseas territories of EU member states. coalition Front de Libération Nationale Kanak Finally, New Caledonia’s status as a non- et Socialiste (FLNKS)—maps out a transition self-governing territory recognised by the UN over 15 years (1999–2014), involving the Special Committee on Decolonisation raises transfer of powers from Paris to Noumea, important questions of international law. the creation of new political institutions, mea- For legal scholars, New Caledonia holds a sures of economic and social ‘rebalancing’ unique situation under the French constitution: and then the scheduling of three referenda While a New Caledonian citizenship after 2014 to determine New Caledonia’s was created in 1998 by agreement final political status.9 between the French and New Caledo- The Noumea Accord places special rec- nian representatives, this local status ognition on the rights of the indigenous is superimposed on the French citizen- Kanak population and other New Caledonian ship that New Caledonians possess citizens. Article 2 of the agreement states: and therefore is concurrently held One of the principles of the political with their French nationality. The 1998 agreement is the recognition of a citi- Agreement, however, acknowledges zenship of New Caledonia. This citi- that the New Caledonian citizenship zenship reflects the chosen common might form the basis for a New Cale- Under a New Flag? Defining Citizenship in New Caledonia
donian nationality in the future and From post-war involvement in church- will reflect the international status of based political associations to the creation of New Caledonia at that time. For the the Union Calédonienne (UC) party in 1953, moment though, France has certain indigenous leaders began to engage in local international responsibilities towards political institutions. By the 1970s, a renais- New Caledonian French nationals.12 sance of Kanak nationalism and growing support for independence was based upon In spite of the fact that key principles of a recognition and valorisation of cultural the Noumea Accord are now constitution- identity for the indigenous community. As ally entrenched, the exact definition of this vividly described by independence leader citizenship has been the subject of legal and Paul Neaoutyine, young activists from the political dispute for over a decade. Aggrieved Foulards Rouges took up the pejorative French voters and academic pundits have French term Canaque (Kanaka) with pride, also argued that the restrictions discriminate replacing ‘Melanesian’ with ‘Kanak’.16 Former against constitutional guarantees of univer- seminarian Jean-Marie Tjibaou promoted sal rights for all French nationals.13 There Kanak identity at the Melanesia 2000 festival have also been complex debates over how to in 1975.17 determine the starting point for the years of Today, the Noumea Accord explicitly residency needed to gain citizenship. recognises ‘the Kanak people’ as distinct Melanesian or Kanak? from ‘the French people’ and talks of ‘the country’ (le pays) rather than ‘the territory’ (le Conservative politicians in New Caledo- territoire). It also attributes certain rights to nia have often celebrated the multi-ethnic Kanaks that are not available to other New nature of the society. During the 1980s, anti- Caledonian citizens. independence leaders like Jacques Lafleur A central distinction between the indig- criticised the pro-independence FLNKS as enous people and other New Caledonians is racist, given its overwhelming membership the relationship to the land. As Article 1.4 of from the indigenous Kanak population and the Noumea Accord states: its call for Indépendance Kanak et Socialiste Every Kanak’s identity is defined (IKS). In contrast, the anti-independence primarily with reference to an area RPCR party was celebrated as a multi-racial of land … . Customary land must be formation, linking Europeans, Melanesians, surveyed and registered so that Wallisians, Chinese, Vietnamese and other customary rights over any piece of land communities (the use of ‘Melanesian’ instead can be clearly identified … . Land reform of ‘Kanak’ is usually a quick way of determin- will be continued [and] all land will ing someones political affiliations!). henceforth be either customary land or But indigenous Kanaks face social, eco- land held under ordinary civil law. nomic and political discrimination under France’s colonial rule. From 1887 until 1946, Beyond recognition of customary land Kanaks could not vote and suffered under rights, the Accord involves other measures the native affairs system known as the that recognise indigenous Kanak culture and Indigénat.14 Kanaks only obtained the vote identity, including: after the Second World War, after commu- • the creation of a 16-member Senate for nist activists started agitating in the tribal Kanak customary chiefs, which must be reserves and indigenous soldiers returning consulted on issues that affect Kanak from European battlefields began petitioning identity (such as questions of land tenure). for civil rights: The Senate includes two representatives We ask to be liberated from an outdated from each of New Caledonia’s eight regime, which is all too often oppres- customary regions: Hoot Ma Whaap; sive and unjust, and which tends to Paicî-Cèmuhî; Drubéa-Kapumë; Ajië-Arhö; keep us in a subordinate position.15 Xârâcùù; Iaai; Drehu; Nengone. Under a New Flag? Defining Citizenship in New Caledonia
• agreement that the boundaries of the in 1991 the French Constitutional Court communes (municipal councils) should rejected the notion that the Corsican people be able to take the customary region can be seen as distinct from the French boundaries into consideration (1.2.2) people, ruling: • the role of the customary authorities in the The reference by a legislator to the prevention of social ills and mediation in ‘Corsican people, component of the criminal sentencing will be acknowledged French people’ is contrary to the Con- (1.2.4) stitution, which only recognises the • sites that are sacred in the Kanak tradi- French people, made up of all French tion will be identified and legally protected citizens without distinction due to (1.3.1) origin, race and religion.18 • the State will facilitate the return to New Caledonia of Kanak cultural material Counting ethnic communities located in museums and collections in Issues of cultural identity are still controver- France (1.3.2) sial in New Caledonia, in spite of political • Kanak languages, together with French, changes since the 1980s. After the 1996 cen- are languages of education and culture in sus highlighted that the Kanaks had become New Caledonia: their place in school cur- a minority in their own land, New Caledonia’s ricula and in the media should therefore population census scheduled for 2003 was be increased (1.3.3) postponed for 18 months due to this politi- • scientific research and university courses cally sensitive question of ethnicity. on Kanak languages should be organised Previous censuses in 1989 and 1996 had in New Caledonia (1.3.3). included questions to determine people’s For the FLNKS, the provisions of the ethnic origins: question six asked which Noumea Accord are part of a process of self- ethnic community you belong to, and ques- determination and decolonisation. The Nou- tion seven asked Kanaks about their tribal mea Accord preamble explicitly states that: membership. Such questions can provide valuable data: for example, about how many Colonisation harmed the dignity of the Kanaks have moved from rural provinces to Kanak people and deprived it of its iden- the capital city, or about different employment tity … . These difficult times need to be rates amongst the local communities, or the remembered, the mistakes recognised number of migrants arriving from France or and the Kanak people’s confiscated Wallis and Futuna. identity restored, which equates in its However, the 2003 census was postponed mind with a recognition of its sover- after French President Jacques Chirac’s July eignty, prior to the forging of a new sov- 2003 visit to New Caledonia, when he criti- ereignty, shared in a common destiny. cised official census questions about ethnic- Decolonisation is the way to rebuild a ity as ‘irresponsible and illegal’. President lasting social bond between the com- Chirac stated the French republic does not munities living in New Caledonia today, recognise people on the basis of their ethnic by enabling the Kanak people to estab- origins, saying: ‘There is only one reply to lish new relations with France, reflect- such a question, you are all French and there ing the realities of our time. are French people of all ethnic origins’.19 This recognition of the Kanak people as The census finally proceeded in late 2004 a colonised people contrasts with the legal without the two contested questions, but treatment of other oppressed peoples in the there was a significant boycott—some esti- French Republic. No other overseas depart- mates suggest 10 per cent of the population ment or collectivity has the same transition refused to complete the census forms. For to a referendum on sovereignty and no other this reason, the Government of New Cale- colonised people is recognised as a distinct donia organised a further census in July– people or nation in French law. For example, August 2009, which did include the questions Under a New Flag? Defining Citizenship in New Caledonia
on ethnicity. While some preliminary data • The referenda on New Caledonia’s future from the census was released in late 2009, political status, scheduled to be held after the results of questions on ethnicity from this 2014, will involve only those New Cale- latest census have not been released as of donian citizens resident in the islands mid-2010, even though they will provide evi- for twenty years (i.e. arriving before 31 dence for ongoing debates about citizenship, December 1994). identity and ethnicity. To move from the ‘electoral annex’ of excluded voters onto the electoral roll for RESTRICTIONS ON VOTING the Congressional and Assembly elections requires approval of a judge. In March every year, a team of magistrates arrives in Noumea For the Kanak independence movement, from Paris to update the electoral roll, mostly the issue of electoral reform has been one with young people who reach the age of 18, of their key concerns for the two decades but also people who can show they have after the conflict of the 1980s. Ever since the reached the required number of years of late Jean-Marie Tjibaou negotiated the Mati- residency in New Caledonia. gnon Accord in 1988, independence leaders For example, in March 2010 the FLNKS have called for limitations on voting rights formally lodged 1,500 cases before the mag- for the many French nationals who arrive istrates to assist young Kanaks to obtain in the territory—especially as these public registration on the electoral role as a citizen, servants, soldiers, retirees and technicians making them eligible to vote in assembly and overwhelmingly vote for parties opposed to Congressional elections. An FLNKS spokes- independence. person noted: ‘It seems to us important that, Since the signing of the Noumea Accord from the perspective of the looming referen- in 1998, many of these French nation- dum on self-determination, we should make als have contested the agreement which an effort to see that no one is forgotten and outlined new citizenship rights for New should help those who get lost in the com- Caledonians. Thus began a nine-year long plexities of these procedures. With most of process to amend voting rights for the new these being young people, it’s also important local political institutions: three provincial that they can benefit from the provisions of assemblies in the North, South and Loyalty the law on local employment, which gives 21 Islands, and a 54-member Congress and advantages to citizens above non citizens.’ 11-member multi-party Government of New To vote as a citizen for local institutions, Caledonia.20 the Noumea Accord set out a requirement for The Noumea Accord and the legislation ten years residency. But the text was unclear which entrenched it into the French Constitu- whether the electoral roll would be ‘frozen’ tion established different electoral rolls to be (gelé)—restricted to people with ten years used in voting for a range of political institu- residency at the time of the 1998 referendum tions: that implemented the Noumea Accord—or • Elections for French and European insti- whether it would be ‘sliding’ (glissant), with tutions—the French Presidency, the the ten years’ residency determined from the date of the relevant election. National Assembly and Senate in Paris, At heart, the issue was who should vote in municipal councils, overseas seats in the the 2009 and 2014 Assembly and Congres- European Parliament—are voted for by sional elections: people who have been in the full electorate (i.e. all French nation- the country before 1988 and their descen- als registered to vote in New Caledonia). dants of voting age, or more recent arrivals • Voting in elections for the three provin- who have landed ten years before the rel- cial assemblies and the local Congress evant poll (thus arriving before 1999 for the is restricted to a limited electoral roll of 2009 elections, or by 2004 for the 2014 elec- New Caledonian citizens, rather than all tions). Accepting the more restrictive ‘frozen’ French nationals. definition would mean that in 2009 more than Under a New Flag? Defining Citizenship in New Caledonia
18,000 residents—nearly 12 per cent of the seeking calm and serenity, and don’t electorate—would be ineligible to vote for the want to go backwards and risk the sort local institutions. of conflict we knew during the 1980s. The interpretation of these qualifications So we said to President Chirac’s advis- remained a sharply contested issue from 1998 ers: ‘Look out! If for domestic political until it was finally resolved in February 2007, reasons you don’t modify the electoral especially as tens of thousands of people roll or fail to convene the Congress at have migrated from France to New Caledo- Versailles, you’ll be responsible for a nia since the signing of the 1988 Matignon– setback to the Noumea Accord.’23 Oudinot Accords. The following sections detail As France moved closer to the 2007 the legal and political battles which deter- Presidential elections and the end of Jacques mined the final outcome on voting rights. Chirac’s term of office, there was increasing pressure from the FLNKS to finalise the Court overrules key provision changes. UC leader Charles Pidjot noted: On 15 March 1999, the Conseil Constitution- These electoral reforms are the cor- nel in Paris (France’s highest constitutional nerstone of measures which have kept court) ruled that all French citizens residing in the peace. In 1998, we already made a New Caledonia for at least 10 years—what- concession when we accepted the inte- ever their date of arrival—would be able to gration of the 8,000 people who arrived participate in provincial elections.22 Angered between 1988 and 1998. Throughout by the removal of a key plank of the Accord, the years, Kanaks have suffered under the FLNKS leadership threatened a boycott colonisation. For us, the freezing of the of the May 1999 local elections. The boycott electoral roll is a question of principle call was only reversed when the French and of respect for promises that have government agreed to amend the French been made.24 Constitution again. The French National Assembly (on 10 Legal challenges June 1999) and Senate (on 12 October At the same time that the French government 1999) both passed legislation to amend the had delayed clarifying the voting system, the constitution. But to take effect, the amend- reforms were challenged as illegal by French ment had to be passed by two thirds of the nationals residing in New Caledonia who do members of both houses of parliament, in not meet the requirements of New Caledo- a joint sitting of the National Assembly and nian citizenship. In this limbo period, a group Senate known as the Congress at Versailles. of French nationals who were excluded from The constitutional amendments were there- the 1998 Noumea Accord referendum (and fore scheduled for approval during a Janu- will also be excluded from the referenda ary 2000 session of this French Congress. scheduled after 2014) sought to challenge However, this session was never held, for the principle in law. New Caledonians who domestic political reasons. For seven years, had spent years out of the country also the Chirac government dragged its feet and sought to clarify the complexities of citizen- the French Congress was not convened ship requirements. again until February 2007. Some disputes were resolved through The long delay angered key indepen- French administrative law, such as the case dence leaders. In 2005, Pascal Naouna, then of Felix Kilikili, who completed national President of the largest pro-independence service in France from 1993 to 1995, then party UC) noted: continued to work there until 2001. In May I think the majority of people in the 2005, the ruling on his case by the Cour de country, both Kanak and non-Kanak, Cassation (France’s supreme court for civil understand that if this issue isn’t sorted and commercial cases) clarified citizenship out, it could set back the whole Noumea rights for people born in New Caledonia Accord process. Today, people are but living overseas for lengthy periods for Under a New Flag? Defining Citizenship in New Caledonia
education, work or military service.25 • splits within France’s ruling UMP party, An appeal to the UN Human Rights Com- pitting those loyal to President Chirac and mittee was rejected in July 2002, as New his Prime Minister Dominique de Villepin Caledonia was re-inscribed as a non-self- against supporters of then UMP party governing territory with the UN Special Com- president, Interior Minister Nicolas Sar- mittee on Decolonisation in December 1986, kozy, the leading conservative candidate and restrictions on voting rights were ruled as for the 2007 Presidential elections; appropriate in the context of a decolonisation • the Right’s concern not to lose votes to 26 process. the extreme right FN, which has used As the 1998 referendum and subsequent the New Caledonia issue to belabour the legislation had entrenched the changes in mainstream conservative parties; the French Constitution, they could not be • the reversal of attitudes towards electoral overridden in French law, so a series of liti- reform by the conservative anti-indepen- gants took France to the European Court of dence parties in Noumea, Rassemble- Human Rights. They sought re-instatement ment UMP and Avenir Ensemble; on the electoral rolls, claiming the French • the establishment of community asso- government was in breach of article 25 of the ciations amongst French nationals in International Covenant on Civil and Political Noumea who stood to lose their vote if Rights by discriminating between French the Constitution was amended. nationals. However, a January 2005 ruling by the As the issue of voting reform was put European Court of Human Rights in the case on the electoral calendar in 2006, there of Bruno Py v. France rejected claims that were clear signs that members of President restricting voting rights for French nationals Chirac’s own UMP party were not so enthu- in assembly elections was discriminatory. siastic. Some UMP members raised the pur- The European Court invoked ‘local realities’ ported concern that the legislative workload in rejecting the complaint, saying that New in the parliamentary calendar was too full to Caledonia’s tormented history and status are prioritise the long-standing commitment to such that they could justify this doctrine. The sort out New Caledonia’s dispute. Bernard Court also said the restricting clause in the Accoyer, president of the UMP group in the electoral roll ‘could be seen as having been a National Assembly, angered FLNKS leaders key element to the appeasement of a deadly in October 2006 when he said that ‘there are conflict’.27 better things to do in this period than hold a These legal decisions re-opened the way Congress on this sort of text.’29 for a final resolution of the vexed question of A week before the legislation was put freezing New Caledonia’s electoral body. before the National Assembly in December 2006, a fight erupted between UMP par- Opposition to constitutional change liamentarians, pitting supporters of Prime Finally, in the dying months of the Chirac Minister de Villepin against Interior Minister Presidency, the government moved to imple- and UMP president Nicolas Sarkozy. Sarkozy ment the law, before the country moved to the announced that he would oppose the legisla- 2007 Presidential elections that saw the elec- tion, and at a subsequent UMP caucus meet- tion of Nicolas Sarkozy, leader of the UMP ing ‘one after another, New Caledonia’s dep- coalition. Given the long delay since they uty Pierre Frogier, then Thierry Mariani, Alain were first passed in 1999, the French govern- Marsaud, Jean-Pierre Soisson and Francis ment reintroduced the electoral reforms to Delattre—all long-standing or recent apostles parliament in late 2006.28 of the UMP president—expressed their unam- In the lead up to the National Assembly biguous opposition to the draft law’.30 vote on 13 December 2006 and the Senate The UMP and other conservative parties vote on 16 January 2007, there were a range were also concerned about being outflanked of pressures that threatened to derail the pro- in the 2007 legislative and Presidential elec- cess of electoral reform: tions by the neo-fascist FN. In December Under a New Flag? Defining Citizenship in New Caledonia
2006, Marine Le Pen (Vice President of the that this restriction was illegal, we party, daughter of the FN’s then leader Jean- would have had a difficult situation to Marie Le Pen and co-ordinator of his 2007 manage. This issue is, in reality, very Presidential campaign) made a flying visit to important for the pro-independence Noumea. Marine Le Pen called for a refer- movement.32 endum on the issue and encouraged French Ironically, the anti-independence Ras- voters in Noumea to write to UMP deputies semblement UMP party, which originally sup- and senators to reject the bill. She stated: ported the 1998 Noumea Accord, was now The process that we see underway vehemently opposed to the electoral reforms is a process that clearly involves the that are a key plank of the agreement. abandonment of New Caledonia. Although it was a signatory to the Accord Everything is negotiable except the alongside the pro-independence FLNKS, the core principles of the Republic. If Par- Rassemblement UMP under Pierre Frogier liament votes for the freeze, we can began to publicly oppose the idea of a fixed envisage a situation where we’d call electoral body. In August 2005, the party for those excluded to cease paying even called for a national referendum on the their taxes.31 issue, which would delay the process until after the 2007 Presidential elections when Debate within New Caledonia their conservative champion Nicolas Sarkozy would have replaced President Chirac. In 1998, businessman Didier Leroux cam- In the lead up to the final implementation paigned against the Noumea Accord as of electoral reform in 2007, the UMP and FN head of the Alliance Party, and called on both sought support from the conservative voters to reject the agreement in the nation- European electorate in New Caledonia’s al referendum. Leroux—a long-time oppo- Southern Province. The issue of ‘the rights nent of Jacques Lafleur—was instrumental of French citizens’ became a rallying cry and in founding the new centrist party Avenir both parties tried to gain support from the Ensemble, which came into government community associations which were created between 2004 and 2009 after the electoral in Noumea, made up of French nationals who defeat of the Rassemblement. Leroux has would be affected by the changes. These long been linked with the French conser- people stress the indivisibility of the French vative Mouvement Démocratique (formerly republic and oppose any affirmative action UDF) whereas Jacques Lafleur and his suc- programs that would benefit indigenous and cessor Pierre Frogier have ties with French locally born New Caledonians. President Nicolas Sarkozy’s UMP. In Noumea, three community associa- Since 2004, Leroux has moved to support tions were created to oppose the con- the Noumea Accord and its key institutions. stitutional change: the Association de His change of position reflects the desire of a défense du droit de vote (the Association section of the European community to move for Defence of the Right to Vote); Asso- beyond the polarisation of the 1980s: ciation des Français résidents de Nou- If at the time, I was largely critical of velle-Calédonie (the Association of French the provisions of the Noumea Accord residents of New Caledonia) and the Union concerning the electoral roll, it was des citoyens calédoniens pour le suffrage because we felt that the text was not universel (Union of Caledonian citizens for clear. Furthermore, the debate on the universal suffrage). The associations, with freezing of the electoral roll was far the active support of Rassemblement and from being resolved and still forms a FN politicians in Noumea, mounted a public stumbling block between the contend- campaign to lobby French parliamentarians ing parties. Anyway, an agreement is to vote against the changes. In 2005, the always a collection of concessions, so Association des Français résidents de Nou- if the European Court had declared velle-Calédonie argued: Under a New Flag? Defining Citizenship in New Caledonia
There seems to exist two categories of their normal salary! Many people retire 10 of French citizens in New Caledonia, in France’s overseas possessions, even if those who fully enjoy their civil rights they’ve never worked there (in New Caledo- and those who contribute to the eco- nia, 83 per cent of the pensioners benefiting nomic life by setting up companies, from this benefit have spent all their working by paying taxes, but who do not have life in mainland France.) the right to express themselves … we For all French overseas territories, the have perceived a growing animosity number of these retirees has risen from towards metropolitan French in gen- 9,618 (1989) to 29,861 (2005). In New eral and against retired French public Caledonia, numbers rose from 1,600 (1989) servants in particular. This usually to 4,600 (2008). The proportion of New translates into verbal abuse, for the Caledonia’s revenues paid for pensions and time being, but we fear this could turn retirees increased 77.5 per cent between into hatred…. There are those who tell 2000 and 2008. These special benefits cost us ‘go back home if you’re not happy’. the French government 245 million Euros Our answer to this is that freedom of in 2005—where a retired teacher receives circulation on the national territory is 6,000 Euros a month, a retired colonel 9,000 still a fundamental right and that we still Euros and a retired magistrate 10,000 Euros. have the right to settle here, provided Even Parisian officials realised the system of 33 we respect local laws and customs. perks and bonuses was getting out of hand. In the lead up to the May 2009 elections For this reason, President Sarkozy moved in for the provincial assemblies and Congress, 2008 to change the indexation of pensions Michel Boyer, President of the Association de for overseas public servants, and end many défense du droit de vote, also denounced the of the benefits.35 electoral reforms as a ‘state scandal for the nation that calls itself the homeland of human Mobilising for and against change rights’, adding: In the days leading up to the Senate vote Those excluded from the right to vote in January 2007, both opponents and sup- are sacrificial victims created under porters of the electoral reforms rallied on blackmail by threat of violence. On the streets of Noumea. On 12 January, anti- the eve of the provincial elections on independence activists brought together a 10 May, when we look at the circum- rally of 1,300 people, calling for ‘defence of stances, motives and consequences the right to vote’.36 for the freezing of the provincial elec- The next day, a larger rally supported toral roll, there is just one sentiment by the pro-independence parties of the for partisans of democracy and funda- FLNKS, the Union Syndicale des Travail- mental rights: absolute disgust.34 leurs Kanak et Exploitées (USTKE) trade This constituency opposed to electoral union confederation and Kanak custom- reform included a layer of retired public ary and community associations marched servants who benefit financially by remain- through the streets, calling on France to ful- ing in France’s overseas collectivities after fil its promises. To heighten the significance retiring from the civil service. Living so far of the date for the largely Kanak crowd, they from Paris is regarded as a hardship posting were reminded that the rally fell on the anni- for French public servants, who get a range versary of the death of independence lead- of perks and benefits for living ‘on the other er Eloi Machoro (gunned down by French side of the world.’ These benefits continue sharpshooters in 1985). New Caledonia’s after retirement—under laws dating from the then Vice-President Déwé Gorodé spoke to 1950s, retiring public servants who remain the rally, challenging those trying to renege overseas obtained extra funds on top of on earlier promises and saying they will their normal pensions. For the Pacific territo- have to ‘get used to the idea that there is ries, this can amount to an extra 75 per cent no turning back’.37 Under a New Flag? Defining Citizenship in New Caledonia
UC Secretary-General Gerard Regnier Republic or the National Assembly, has reinforced the message: the right to re-write history.41 11 There are five million French citizens In a media communiqué issued on the day who live outside the hexagon [main- of the National Assembly vote, the Rassem- land France]. When they move to blement UMP ‘congratulates Nicolas Sarkozy Canada or the United States, they and the Assembly members who support submit to the laws of the country that him, having clearly taken a position against has welcomed them. New arrivals in this draft law.’42 New Caledonia must also understand These statements were criticised by mem- that they’re arriving in a country that bers of pro-independence parties and other is undertaking a process of liberation, supporters of the electoral reform, who saw and they can’t demand the same type these calls for delay as an attempt to defer of prerogatives that existed in the time the issue until after the May 2007 French of the colonial governors.38 Presidential elections, in the hope that the election of Nicolas Sarkozy for a five year The centrality of the issue for the FLNKS term would kill off the issue once and for all. was highlighted by the independence coali- UC leader Bernard Lepeu stated: tion’s former President Roch Wamytan: UC calls on the political parties, com- It was over the question of the electorate posed for the most part of members that Jean-Marie Tjibaou and Yeiwene who arrived recently or in the past Yeiwene were assassinated in 1989. as part of the colonial settlement, This issue is therefore quite capable of not to contribute to the demise of the reawakening the rebellion.39 Noumea Accord, a crucial advance In contrast, conservative political leaders which has been hailed by the whole in New Caledonia again attempted to delay world, but which remains fragile. The the votes in the French parliament in Paris, constitutional reforms before us are calling for further ‘dialogue’. Long-time anti- nothing more or less than those that independence leader Jacques Lafleur—now were already adopted by the National head of his own party Rassemblement Pour Assembly and Senate in 1999.43 la Calédonie (RPC)—argued that the govern- Speaker of New Caledonia’s Congress ment should delay its introduction. Lafleur’s Harold Martin (and president of the anti-inde- rhetoric escalated as the Senate moved to pendence Avenir Ensemble) also attacked its vote in January 2007, stating: his former conservative colleagues for these After the passage of this law, the last minute delaying tactics: extremist and racist Melanesians will It’s time to end this masquerade. Boule- ask for even more, and their demands vard Vauban [the Congress in Noumea] will again put us into a situation of con- is not a playground, nor a tribune for frontation.40 the Rassemblement, who made the The conservative Rassemblement UMP electoral freeze part of their electoral party led by Pierre Frogier proposed that campaign and who never would have there should be a referendum on the issue polemicised on this issue if they’d won before the law was adopted. Frogier prom- the 2004 elections.44 ised ‘a fight to the end’ against the ‘iniqui- In spite of lobbying by key anti-indepen- tous’ law, adding that: dence leaders, Jacques Chirac used his This will de-facto install apartheid, a remaining authority as outgoing President to two-speed citizenship, a kind of hered- rally enough support for the measure to be itary right to vote, a right of the blood adopted at the February 2007 meeting of the as opposed to our accepted French French Congress at Versailles.45 This more principle of the right of the soil. No restricted definition of citizenship meant a one, not even the government of the new electoral roll was used for the May 2009 Under a New Flag? Defining Citizenship in New Caledonia
assembly and Congressional elections, and subsistence agriculture, fishing and cultural 12 will be used again in 2014. work). In May 2009, some 18,230 people resi- Unemployment rates in New Caledonia dent in New Caledonia—11.8 per cent of the have dropped in the last few years, as normal electoral roll—could not vote in the new nickel processing plants and support- local elections, even though they still par- ing infrastructure are developed at Goro ticipate in elections for institutions in Paris, in the Southern province and Vavouto and Brussels and Strasbourg. This restriction Koniambo in the Northern Province. In spite largely disenfranchises people in Noumea: of this, the rate of recorded unemployment in 2009, only 420 ‘excluded’ voters lived in New Caledonia, at 16.3 per cent, is higher in the Loyalty Islands Province and 954 in than that in France (9.9 per cent), French the Northern Province. In contrast, there Polynesia (11.7 per cent) or even Wallis and are nearly 17,000 ‘excluded’ voters in the Futuna (15.7 per cent). There are significant Southern Province, where the bulk of the differences in employment rates between European and Wallisian population reside Noumea and the bush: the 2004 census (amounting to 16.7 per cent of the southern showed unemployment at 11.4 per cent in electorate).46 Southern Province, compared to 28.4 per cent in the Northern Province and 38.9 per LOCAL EMPLOYMENT cent in the Loyalty Islands, which both have a largely Kanak population.47 Debate over local employment is tied to Beyond voting rights, the other central focus concerns about ongoing migration and settle- of the citizenship debate is employment and ment from France, which has seen thousands the promotion of emploi local, or priority for of people arrive since the Matignon–Oudinot New Caledonians in the local labour market. Accords ended the 1984–88 conflict. Cal- The Noumea Accord notes: culating population growth through migra- The size of New Caledonia and its tion in New Caledonia is difficult, as some economic and social balances do not statistics do not distinguish between French make it possible to open the employ- nationals and New Caledonian citizens. But ment market widely, and justify action to matching births, deaths and immigration protect local employment … . In order figures suggests that the migration balance to take into account the limited size of increased by at least 9,091 people between the employment market, provision will the 1989 and 1996 censuses, with another be made to give priority access to local 6,766 extra people between 1996 and the employment to persons residing on a 2004 census. Net immigration is estimated long-term basis in New Caledonia. at about 1,000 people each year since then (1,134 in 2007).48 Article 24 of the March 1999 legislation In August 2009, the FLNKS members implementing the Accord states: of the government also drew the public’s With the aim of supporting or promoting attention to a draft decree on the arrival and local employment, New Caledonia will stay of EU citizens and members of their undertake to implement measures to families, which could give five years visiting favour the exercise of waged employ- rights to all EU citizens, with the possibility of ment for the benefit of New Caledo- permanent residency.49 The FLNKS argues nian citizens and persons who meet that France, as the administering power in the necessary period of residency … . New Caledonia, is in breach of UN resolu- At the time of the 2004 census, there tions which govern immigration into colonies, were 80,685 active workforce participants including UN General Assembly Resolution and 15,271 unemployed from a population 35/118 which states that: of 231,062 (though official French defini- Member States shall adopt the neces- tions of unemployment do not fully take sary measures to discourage or pre- account of indigenous workers engaged in vent the systematic influx of outside Under a New Flag? Defining Citizenship in New Caledonia
immigrants and settlers into Territories Since civil peace returned to our coun- under colonial domination, which dis- try, we have witnessed a growing 13 rupts the demographic composition of wave of immigration from France. The those Territories and may constitute a Kanak people and those recognised major obstacle to the genuine exercise as the victims of history will become of the right to self-determination and a minority if nothing is done. We have independence by the people of those asked for a law to be passed to pro- Territories.50 tect employment for our population. A text was prepared, but it really wasn’t The issue of local employment was large- strong enough to meet our aspirations. ly ignored during the first post-Accord gov- When we look at the economic crisis ernment (1999-2004) which was dominated which France is undergoing and the by the conservative Rassemblement UMP ease with which those people who get party. The next multi-party government led off the plane can find work—to the det- by the Avenir Ensemble party (2004–2009) riment of those who are citizens of our began to address the issue, preparing draft country—one can only be shocked. You legislation that would have restricted low know, in the tribes, in the working class level public service jobs to New Caledonian suburbs, in the squatter settlements of citizens, and given priority to them for higher Noumea, the capital is called ‘White level jobs. In November 2005, this draft bill City’ because you only see Europeans was largely rejected by the French Council there. We must halt this immigration, of State (the highest administrative court in which only has the goal of enjoying the Paris), saying it breached France’s inter- sun, surf and easy money.52 national commitments and included issues (such as employment of spouses and part- Unions and human rights groups argued ners) that had not been considered in the that work culture and industrial relations Noumea Accord. practices continue to discriminate against A new bill was prepared and passed indigenous Kanak workers: through a series of stages in 2009–10, This is one of the most flagrant signs including approval by the Government of that our society is not evolving [accord- New Caledonia, New Caledonia’s Economic ing to Pacific values]: in the labour law and Social Council, and the French Coun- which has been transferred to us under cil of State. The new law gives priority the Noumea Accord, there isn’t any to both New Caledonian citizens and also allocation for holidays relating to cul- people who meet certain residency require- tural events (yam festivals, mourning ments; establishes a Commission paritaire ceremonies, customary marriages). It sur l’emploi local (CPEL), for conciliation is in this domain, precisely where the and standards setting; sets penalties for articulation of the two worlds, Western breaches of the law; and establishes a list of and Pacific, is located, that we have professions where overseas recruitment can most clearly failed.53 be prioritised in the absence of locally trained Trade unions and pro-independence par- 51 workers. ties have continued to campaign for restric- The legislation met with approval from tions on people migrating from France and most employers and trade unions, although other French overseas possessions, with the the militant USTKE—the second largest trade FLNKS group in Congress abstaining from union confederation in the country—contin- the December 2010 vote on the law and ues to argue that the legislation does not go lodging a series of amendments to tighten far enough to protect local workers’ rights. enforcement of the employment legislation.54 Interviewed from jail, where he was serving During the May 2009 electoral campaign, a year’s sentence after clashes with French a leading FLNKS activist in the Southern police during an industrial dispute, the then province proposed the creation of a New USTKE President Gerard Jodar noted: Caledonian identity card as a priority for the Under a New Flag? Defining Citizenship in New Caledonia
incoming Congress and government. Sylvain Despointes officially took possession of the 14 Pabouty, a member of the Parti de Libéra- main island Grande Terre, in a ceremony tion Kanak (Palika) elected to the Southern near the Catholic mission at Balade: ‘From Assembly on the FLNKS ticket, stated: this day forth, this land is French and part of For the FLNKS, first of all it has to its national territory.’ do with the introduction of a citizen’s Today, rather than serving as a commem- oration of France’s ongoing colonial pres- identity card, which will give priority to ence, the Government of New Caledonia is citizens in the labour market. The draft seeking to transform the meaning of the day law on local employment must also into a ‘positive date’, where New Caledonian be improved, especially at the level of citizens can share their ‘common destiny’.58 training local public servants.55 For 24 September 2009, the FLNKS politi- The Noumea Accord has promoted a cal bureau called on ‘all New Caledonians range of training programs for Kanaks and to actively participate in a day of citizenship other New Caledonians. The Cadre Avenir organised at the place de Mwâ Kâ’—the gar- program is a scheme funded 90 per cent by dens near the centre of Noumea where this the France Overseas Ministry and 10 per 12-metre carved statue has been erected.59 cent by the local government, where New The day of celebrations was opposed by Caledonians receive scholarships to study in the anti-independence Rassemblement UMP France or complete vocational and profes- which proceeded to organise a ‘Republican sional training—in 2008, the program cost picnic’ elsewhere in Noumea. 616 million French Pacific francs (AUD$8.3 The 2005 dispute over where to locate million). But there are also significant imbal- the Mwâ Kâ statue is part of a larger battle ances in the training provided by France over memory and identity. With many of the under the scheme. Of the 957 trainees (out streets and parks in Noumea’s central busi- of 1,106) who have successfully completed ness district named after French soldiers their Cadre Avenir courses by the end of and politicians or famous military battles, 2008, only 2 per cent became self-employed independence activists seek to transform the entrepreneurs, while 60 per cent took up colonial era imagery that still dominates the public service positions. country. The number of public servants is slowly There are many examples of such initia- increasing under the Noumea Accord: by tives, which are contested by local conserva- December 2009, there were 14,522 per- tive politicians: the updating of the Monu- manent public servants and 9,016 contract ment aux Morts war memorial, to include the workers (with the number of short term names of Kanak soldiers who died fighting contract workers increasing 7.4 per cent in for France in the World Wars; the circulation 2008–09).56 This is a reflection of the imbal- of a petition in October 2009 to remove the ance of employment opportunities in the statue of Admiral Olry from the Place des wage sector in New Caledonia’s distorted Cocotiers, the central square in Noumea (the economy: out of 81,839 workers employed in statue was erected in 1893 to commemorate 2008, 51,970 work in the services sector, but this colonial governor’s victory over Kanak only 2,229 in agriculture and fisheries and tribes during the 1878 rebellion, when Chief 4,366 in the mining and smelting sector.57 Atai rose up against the theft of Kanak land); or the practice of renaming towns, rivers HISTORY AND SYMBOLS and geographic features that is becoming common in the Northern and Loyalty Islands provinces (for example, the east coast town For many years, 24 September was a day of of Houailou, headed by a Kanak woman as mourning or protest for Kanak nationalists. mayor, has reverted to the original spelling of It marks the anniversary of the annexation Wâa wi lûu). of New Caledonia by France in 1853. By Another central part of this process has order of Napoleon III, Rear-Admiral Février- seen major reforms to the education curricu- Under a New Flag? Defining Citizenship in New Caledonia
lum, especially in humanities subjects like Overseas Sciences (an arm of the French history and geography, to reflect New Cale- Ministry of Education) still awards an annual 15 donia’s place as a Melanesian nation in the literary prize for the best work on the ‘positive Pacific region.60 As set out in the preamble to aspects of colonisation.’64 the Noumea Accord, the French government New Caledonia had its own history wars has formally committed to a new reading of during the mid-1980s, when Kanak and Cal- the islands’ history, as part of the decolonisa- doche intellectuals and church leaders began tion process. Speaking to the Congress in to write a people’s history of the islands.65 Noumea in May 2008, France’s Overseas Today, there is a flourishing industry in local Minister Yves Jego noted: historiography, with greater co-operation Through the reconciliation built upon a between people from different communities, shared historical narrative inscribed in that has transformed our understanding of the preamble of the Noumea Accord, the French convicts, deportees and Algerian which recognises the precedence of rebels who were sent to the antipodes, the the Kanak civilisation and the ‘shock Kanak and islander soldiers who fought for of colonisation’, you have opened the France in the trenches during World War possibility of a future together. By this One, the trade unions who built the country’s conjoined recognition of the rights of nickel industry, the role of communists in the the first inhabitants and the legitimacy Kanak political awakening after 1945 and the of the democratic principle based on early church support for Kanak involvement 66 the notion of a New Caledonian citi- in political parties. zenship, you have opened the path to Developing new national symbols civil peace.61 But readings of history are never set- In the multi-party Government of New Cale- tled. Australia suffered through ‘history wars’ donia, the minister responsible for culture and under the government of former prime minis- citizenship issues is independence activ- ter John Howard, with him criticising a ‘black- ist Déwé Gorodé, a noted author, poet and arm band’ version of history.62 In France, con- teacher and co-founder of the Parti de Libéra- servative politicians have also been seeking tion Kanak (Palika – Kanak Liberation Party). to promote the ‘positive’ aspects of French In contrast to other radical pro-independence imperialism. Until it was repealed by President formations which highlight the rights of the Jacques Chirac in early 2006 after public pro- indigenous population, key Palika leaders test, a law passed by the conservative UMP have recently been stressing the concept of government on 23 February 2005 required citizenship for all New Caledonians. Gorodé high school teachers to teach the positive argues: ‘People must develop awareness of values of colonialism to their students. Article citizenship, they must train themselves in it 4 of the 2005 law required that: and express themselves about it, in order to actively participate in the evolution of Programs of university research should things’.67 grant the French presence overseas, The FLNKS has long argued that chang- especially in North Africa, the place it ing attitudes to nationality and citizenship deserves. Education programs should must take account of the symbols of nation- recognise in particular the positive hood: flag, national anthem and other devis- role of the French presence overseas, es. Given the resonance of the Marseillaise especially in North Africa, and grant the and the bleu-blanc-rouge tricolour as sym- eminent place that is deserved for the bols of French colonialism, many indepen- sacrifices of combatants in the French dence supporters have also been seeking armed forces who came from those new signes indentitaires or national symbols 63 territories. for New Caledonia. In September 2009, the French Com- The need to create new symbols was munist Party condemned as ‘scandalous acknowledged in the Noumea Accord, as and intolerable’ the fact that the Academy for part of the transition to a referendum on New Under a New Flag? Defining Citizenship in New Caledonia
Caledonia’s final political status. Article 1.5 of intensely political, and behind this dis- 16 the Accord states: cussion lies the fundamental issue of 68 The country’s national symbols— national sovereignty. name, flag, anthem, currency, design On 26 June 2008 (the anniversary of the of bank notes—will need to be devised referendum on the Matignon Accord which in common to express both Kanak ended the conflict of the mid-1980s), the identity and the future in which all will Government of New Caledonia endorsed share. The Constitution Act on New the motto suggested by Jean-Brice Herren- Caledonia will provide for the possibil- schmidt: ‘Terre de Parole, Terre de Partage’ ity of changing this name by means (Land of the Word, land of sharing).69 From a of a law of the country adopted with a range of tunes, they chose an anthem ‘Soy- qualified majority. The country’s name ons Unis, Devenons Frères’ (Let us be united may be printed on identity papers as a and become brothers), composed by seven sign of citizenship. young members of the Melodia children’s But even after the election of a local choir—the chorus is sung in both French government in 1999, many politicians were and Nengone (the language from the island reluctant to take up the issue, fearing that of Mare). attempts to design symbols of national unity In October 2008, Gorodé travelled to Paris could cause divisions between supporters to meet with the French Conseil d’Etat, which and opponents of independence. Should advises the government on administrative the islands be known as New Caledonia, regulations and laws. On 21 October 2008, Kanaky or a combination like Kanaky-New the French authorities gave the green light Caledonia? Should the multi-coloured flag for New Caledonia’s Congress to consider a adopted by the FLNKS independence move- law adopting the national anthem, motto and ment replace the blue, white and red of the currency designs. French tricolour? Can the new symbols give But these symbols of national unity are recognition to Kanak identity, but also show still a political football. Any law to adopt them respect for the European and islander immi- must be passed by three fifths of the 54- grants who have made New Caledonia their member Congress. But Pierre Frogier, the home? leader of the conservative Rassemblement After many years delay, a working group UMP—the party holding the largest number was convened on 11 April 2007 by Déwé of seats in the current Congress—has stated Gorodé as Minister for Culture and Citizen- that New Caledonia’s French heritage must ship. Supported by technical experts, the be honoured. His party abstained when the committee of political, church, union and 11-member Government of New Caledonia community leaders began discussing the voted on the issue in June 2008 and the symbols. They launched a competition to law implementing the new symbols had not choose new designs for banknotes, a nation- passed before the May 2009 Congressional al anthem to replace the Marseillaise, and a elections. motto to reflect both Kanak identity and the As well as political hurdles, there are also multicultural nature of the society. In an inter- a number of practical concerns—is it worth view with the author, Gorodé explained: printing new banknotes with local designs at We soon came to a consensus on the a time when New Caledonia is considering anthem, motto and currency, to reflect adoption of the Euro as its currency? our Kanak heritage but also the com- The debate over a new name and flag for mitment that all members of the com- the country is still contentious. munity have made to build a common The Kanaky flag was developed by work- destiny. However we were unable to ing groups of the FLNKS Congress in Sep- agree on the name of the country and tember 1984, who described the flag as: the flag, so we’ve put those aside for … three horizontal bands of which the the moment. These two things are colours are, from bottom to top: green, Under a New Flag? Defining Citizenship in New Caledonia
which represents the land of our contrast, many independence leaders noted ancestors, the wealth of the soil and that the idea of flying both flags alongside 17 hope—the country; then red, which each other was not new, and had been symbolises the blood that’s been spilt common practice in the Kanak-dominated for the struggle, socialism and the unity Northern and Loyalty Islands provinces since of the people; blue, which represents the late 1980s. Louis Kotra Uregei, President the sky and the Pacific environment, of the Parti Travailliste (Labour Party) wel- the sovereignty of the Kanak nation in comed the evolution of the Rassemblement the Pacific; then towards the flagpole, UMP position, but noted: ‘Why have we had a golden circle which represents the to wait twenty years?’. sun on which is drawn in black the In spite of this political gesture, Fro- case [traditional hut] with its flèche faî- gier was not retreating from his anti-inde- tière [totemic ridgepole].70 pendence stance. Purporting to speak on behalf of all New Caledonians of European This flag was first raised on 1 Decem- heritage, Frogier threw out a challenge to ber 1984 at La Conception by then FLNKS the independence movement to explain the President Jean-Marie Tjibaou, as the FLNKS symbolism of their colours: declared the creation of the provisional gov- ernment of Kanaky. We would like the blue, white and red This flag remains the central icon of the flag to continue to fly everywhere in independence movement, as reaffirmed at the New Caledonia, while France retains FLNKS Congress held in December 2009. the authority over sovereignty. That Even so, Palika leader Paul Neaoutyine has always been, remains and will has stated that he hopes there would be a always remain my political fight. I know new flag before the country hosted the 2011 that the independence supporters are South Pacific games, and that the Kanak very attached to their flag, which has flag would lead the New Caledonian team always accompanied them in all their into the stadium: ‘If there can’t be a consen- fights. For us, we don’t recognise their flag. It is for us a symbol of division sus before that time, Palika asks that we and exclusion, the emblem of violence display the two flags—the Kanak flag and which takes us back to the times of the the French tricolour.’71 Troubles. It still evokes strong feelings The conservative Rassemblement UMP of rejection amongst the population, leader Pierre Frogier, who is President of especially amongst those who lived the European-dominated Southern Prov- through this dark period of our recent ince, expanded the debate over the flag in history, and who suffered from it.74 a major speech on 10 February 2010.72 His agreement that the flag of Kanaky should In reply, Palika leader Paul Neaoutyine, fly alongside the French blue, white and President of the Northern Province, stressed red tricolour outside public buildings and on that the colours of the Kanaky flag have posi- ceremonial occasions sparked widespread tive meanings: debate and differing reactions. The blue symbolises the future, though The Kanak Customary Senators issued a it’s also the ocean and the sky. The statement noting: ‘For the Customary Senate, green is the colour of hope, though it’s there is a pressing need to endow the country also the colour of sustainable develop- today with a new name and flag, because the ment, which we all want in a country on young people of our country have a need for the move. The red, and I’ve stressed strong symbols so they can resolutely commit this before, because people always within the framework of a new society created have the habit of saying it represents by the Noumea Accord’.73 the blood that’s been spilt, but it’s not The National Front leader Bianca Henin only blood. In Kanak and islander cul- denounced the proposal, saying ‘we will never ture, relationships are built on ties of accept the flag with the FLNKS colours’. In blood. It’s the blood that is alive, it’s Under a New Flag? Defining Citizenship in New Caledonia
thanks to the mother’s blood that we simasi (PCRC: Suva, 1999); Louise Michel 18 are alive, and all the customary ges- (Ocean Press: New York and Melbourne, tures that we make are built on this 2004); Louise Michel: Vidas Rebeldes (Ocean understanding. Then there’s the sun. Sur: Havana, 2006). Yes, we want to live under the same His previous SSGM publications about sun as everyone else. And within the New Caledonia include: ‘Conflict and sun, there’s the flèche faîtière, the Reconciliation in New Caledonia: Building the totem on a traditional house, which Mwâ Kâ’, SSGM Discussion Paper 2005/1 represents the identity of people who and ‘New Government in New Caledonia: live in a certain place.75 The May 2009 Elections in a French Pacific Territory’, SSGM Briefing Note 2009/3. For Déwé Gorodé, there is still hope that This essay is dedicated to the memory of the issue can be resolved: Marie-Claire Beccalossi, who worked to see Currently, some town halls fly both the all New Caledonians living together under a Kanak flag and the French flag along- new flag. side each other. Some members of our working group have suggested that this ENDNOTES compromise may be suitable during the remaining years of the Noumea Accord. For many, the FLNKS flag has 1. The website ‘Grand debat sur l’identité moved beyond politics—it was carried française’ can be found at
Christian Science Monitor, 2 November 12. Mathias Chauchat and Vincent P. Cogliati- 2009. Bantz, ‘Nationality and Citizenship in a 19 6. Speech to New Caledonia’s Congress Devolution Context: Australian and New- by the incoming Overseas Minister, May Caledonian Experiences’, University of 2008. ‘Yves Jégo apôtre du dialogue’, Les Queensland Law Journal, Vol. 27, 2008. Nouvelles Calédoniennes (henceforth 13. Jean-Yves Faberon and Yves Gautier LNC), 30 May 2008. (eds), Identité, nationalité, citoyenneté 7. The 1961 TOM statute for Wallis and outre-mer (Centre des Hauts Études sur Futuna recognises the roles of the highest L’afrique et L’asie Moderne: Paris, 1999); customary authorities—the Lavelua of Mathias Chauchat: ‘La Citoyenneté Uvea (Wallis) and the Tui Agaifo from Alo Calédonienne’, Les Cahiers du Conseil and Tui Sigave from Sigave (both on the Constitutionnel, No.23, 2007, 56–60. island of Futuna). For discussion, see Nic 14. For details, see special edition of the Maclellan and Jean Chesneaux, After cultural journal Mwà Vée: ‘L’indigénat, Moruroa: France in the South Pacific 50 ans après, 1887–1946’, Mwà Vée, 15 (Ocean Press: New York and Melbourne, January 1997. 1998), 136–142. 15. The full soldiers’ petition is published in 8. As discussed below, a new census was Maurice Lenormand, L’Evolution politique conducted in 2009, but the updated des autochtones de la Nouvelle-Calédonie breakdown of figures on ethnicity had (Société des Océanistes: Paris, 1954). not been released at the time of writing, 16. Paul Neaoutyine, L’indépendance au even though other preliminary figures Présent: Identité Kanak et Destin Commun were released in late 2009. (Editions Syllepse, Paris, 2006), Chapter 1. 9. The official text of the Noumea Accord 17. Jean-Marie Tjibaou and Philippe Missote, was published in the Journal Officiel de Kanaké: The Melanesian Way (Les la République Française (JORF), 27 May éditions du Pacifique, Tahiti, 1978). See 1998, 8039. The Accord states that after also ‘Il y a 20 ans ... Melanesia 2000’, the transfer of most powers from Paris Mwà Véé, No.10, September 1995. to Noumea in the first fifteen years, New Caledonia’s Congress should determine 18. Loi Portant statut de la collectivité the date for a referendum between territoriale de Corse, ruling by Conseil 2014–18, to decide if there should be Constitutionnel No.91–290 DC, 9 May the transfer of the final five ‘sovereign 1991. (This court evaluates whether powers’: defence, foreign policy, police, laws passed by the French Parliament justice and currency. For discussion, see are in accordance with the French Nic Maclellan, ‘The Noumea Accord and Constitution.) Decolonisation in New Caledonia’, Journal 19. Interview with Gerard Baudchan, Director of Pacific History, Vol. 34, No.3, 1999. of ISEE (the Office for Statistics and 10. All Accord translations from the version Economic Studies in Noumea). See issued by the French government. For also ‘Document sur un recensement a valuable collection of the agreement, interrompu’ , Revue juridique, politique et subsequent legislation and court rulings, économique de Nouvelle-Calédonie, 3, see Jean-Yves Faberon and Jean- 1/2004, 87; ‘Question of Ethnicity Causes Raymond Postic, L’Accord de Nouméa, Census Delay’, Pacific Beat, Radio la loi organique et autres documents Australia, 29 July 2003. juridiques et politiques de la Nouvelle- 20. Full details of New Caledonia’s institutions Calédonie (Ile de Lumière: Noumea, and electoral systems, together with 2004). results from the 2004 and 2009 elections, 11. Organic Law No.99-209 of 19 March can be found in Nic Maclellan: ‘From 1999, in JORF, 21 March 1999, 4197. Eloi to Europe: Interactions With the Under a New Flag? Defining Citizenship in New Caledonia
Ballot Box in New Caledonia’, Journal 28. Définition du corps électoral aux 20 of Commonwealth and Comparative assemblées délibérantes de la Nouvelle- Politics, Vol.43, No.3, November 2005, Calédonie et des provinces, Decision 394–418, and ‘New Government in New of the French Council of Ministers, Caledonia: The May 2009 Elections in a 29 March 2006. See also ‘Un projet de French Pacific Territory’, SSGM Briefing loi constitutionnelle sur le corps électoral Note No.2009/3. de la Nouvelle-Calédonie’, Le Monde, 21. ‘Le FLNKS a Déposé 1500 Recours 16 June 2006. pour la liste électorale spéciale’, LNC, 29. ‘La réforme oubliée du statut pénal du chef 2 April 2010. For examples of other de l’Etat’, Le Monde, 2 October 2006. FLNKS initiatives to support young, 30. ‘Nicolas Sarkozy prend Matignon à disenfranchised Kanaks, see ‘Des contre-pied sur la Nouvelle-Calédonie: centaines de jeunes Kanak exclus du Le président de l’UMP ne veut pas que droit de vote’, La Voie du 22. FLNKS, le dossier calédonien parasite l’élection No.4, March–April 2009. prési-dentielle’, Le Monde, 6 December 22. Ruling by Conseil Constitutionnel No.99- 2006. 23. 410 DC, 15 March 1999. 31. Les Nouvelles Calédoniennes, 7 Dece- 23. ‘France to Legislate on Voting Rights’, mber 2006. See also ‘En visite sur le Pacific Beat, Radio Australia, 14 February Caillou, Marine Le Pen, dénonce “un 2005. processus d’abandon’’ ’, Le Monde, 24. ‘Le FLNKS Fait du Gel du Corps Électoral 7 December 2006. une Affaire de Principe’, Le Monde, 13 32. ‘Corps électoral provincial: les exclus ont December 2006. perdu leur combat juridique’, LNC, 13 25. Carine David, ‘Commentaire Sous L’ar- January 2005. rêt Kilikili’, Actualité Juridique du Droit 33. Statement issued at the time of the Administratif (2005), 2014; Carine David, January 2005 European Court ruling, in ‘L’arrêt KILIKILI sur la qualité de citoyen Oceania Flash, 14 January 2005 de la Nouvelle-Calédonie’, Laboratoire 34. ‘Au nom des 20,000 exclus’, LNC, 20 de Recherches Juridique et Economique April 2009. (LARJE), University of New Caledonia, 3 April 2008,
41. Agence France Presse, 12 December la Discussion Generale sur le Texte sur 2006. See also ‘French National Assembly L’emploi Local dans le Secteur Privé’, 21 endorses frozen electoral roll in New Cale- Groupe Front de Libération Nationale donia’, Oceania Flash, 14 December Kanak et Socialiste, January 2010. 2006. 55.‘Sylvain Pabouty, Mettre en place une 42. Media release, Rassemblement UMP, carte citoyenne d’identité’, LNC, 2 May Noumea, 13 December 2006. 2009. 43. Media release, Union Calédonienne, 56. IEOM: op.cit. pp33–34, 190. Noumea, 12 December 2006. 57. IEOM: op.cit. pp74. 44.‘Gel du corps électoral: pas de débat ce 58.‘Faire du 24 septembre une date positive’, matin au Congrès’, LNC, 13 December LNC, 24 September 2009. 2006. 59. For the history and symbolism of the Mwâ 45.Constitutional Law no.2007-237, 23 Kâ, see Nic Maclellan, ‘Conflict and Recon- February 2007, in JORF, 24 February ciliation in New Caledonia: Building the 2007, 3354. Mwâ Kâ’, SSGM Discussion Paper 46. For analysis of the 2009 poll, see Nic 2005/1. Maclellan, ‘New Government in New 60. For an excellent example of a school Caledonia: The May 2009 Elections in a textbook which integrates Kanak French Pacific Territory’, SSGM Briefing perspectives and timelines with a history Note 2009/3. of Europe and the colonial process, see 47. IEOM: La Nouvelle-Calédonie en 2008 the 2007 history text for cycle 3 students, (IEOM: Paris, 2009), 31. created by a collective of local and 48. Adrian Muckle: ‘ “No More Violence nor French educators: Histoire: Nouvelle- War’: 20 Years of Nation-Building in New Calédonie (Centre de documentation Caledonia’, Journal of Pacific History, Vol. pédagogique de Nouvelle-Calédonie: 44, no. 2, September 2009. Noumea, February 2007). 49. Communiqué des membres du Gouver- 61. ‘Yves Jégo apôtre du dialogue’, LNC, 30 nement de la Nouvelle-Calédonie de la May 2008. liste FLNKS sur un projet d’ordonnance 62. Stuart Macintyre and Anna Clark, The de l’Etat français sur l’entrée des euro- History Wars (Melbourne University péens au pays, media release, 12 August Press: Carlton, 2003). 2009. 63. Article 4, LOI n° 2005-158 du 23 février 50. UN General Assembly Resolution 35/118 2005 portant reconnaissance de la Nation of 11 December 1980, Plan of Action for et contribution nationale en faveur des the Full Implementation of the Declaration Français rapatriés. on the Granting of Independence to 64. Jean-louis Le Moing, ‘Les aspects positifs Colonial Countries and Peoples, Annex 8. de la colonisation récompensés!’, French 51. For detailed discussion of the legislation, Communist Party (PCF) media release, see Mathias Chauchat: ‘L’emploi local en 22 September 2009. Calédonie’, LARJE project, University of 65. Association pour la Fondation d’un New Caledonia, 20 May 2009,
Grande Guerre: chronique calédonienne flag; the original black image of the hut 22 1914–18 (Musée de la ville de Nouméa, surmounted by its totem is now replaced 1999); Henri Israel, Une histoire du mou- by an outline of the flèche faîtière itself, the vement syndicale en Nouvelle-Calédo- carved totem at the top of the ridgepole nie (Ile de Lumière: Noumea, 2007); of the traditional case, which varies Ismet Kurtovich, Aux origines du FLNKS: according to the location of the house in l’UICALO et l’AICLF (1946–1953) (Ile the eight different aires or cultural regions de Lumière: Noumea, 1997); Frederic of the country. Angleviel, L’Histoire de la Nouvelle-Calé- 71. ‘Le Palika veut de la coherence’, LNC, donie (Ile de Lumière: Noumea, 1997). 12 November 2009. 67. Interview with Déwé Gorodé, Noumea, 72. Reflexion de Pierre Frogier au sujet du 7 October 2009. Drapeau (discours officiel), 10 February 68. Interview with Déwé Gorodé, Tribu de 2010 (copy in author’s possession). L’embouchure, Ponerihouen, 9 October 73. ‘Sénat coutumier: Tradition ou élection ?‘ 2008. LNC, 24 February 2010. 69.‘The Word’ has multiple resonances, 74. ‘Frogier accepte le drapeau kanak’, LNC, including the importance of the spoken 10 February 2010. word in Kanak culture; the Word of God in 75. Interview with Paul Neaoutyine, broad- Christian tradition, and the promises and cast on Radio RRB, 5 March 2010. commitments made under the joint pact Neaoutyine didn’t mention that in the for the future—keeping your word. original description of the flag, published 70. Over time, the flag design has evolved— by the FLNKS in 1984, the colour red also the central yellow circle, originally placed represented socialism. Times change! to the left near the flagpole, is now 76. Interview with Déwé Gorodé, Tribu de commonly located in the centre of the L’embouchure, Ponerihouen, 9 October 2008. War and Peace in Highland PNG Under a New Flag? Defining Citizenship in New Caledonia
SSGM Discussion Paper Series (2004/1 - 2009/6) 15 23 2004/1: Phillip Gibbs, Nicole Haley and Abby McLeod, Politicking and Voting in the Highlands: The 2002 Papua New Guinea National Elections 2004/2: David Hegarty, Ron May, Anthony Regan, Sinclair Dinnen, Hank Nelson and Ron Duncan, Rebuilding State and Nation in Solomon Islands: Policy Options for the Regional Assistance Mission 2004/3: Michael Goddard, Women in Papua New Guinea’s Village Courts 2004/4: Sarah Garap, Kup Women for Peace: Women Taking Action to Build Peace and Influence Community Decision-Making 2004/5: Sinclair Dinnen, Lending a Fist? Australia’s New Interventionism in the Southwest Pacific 2004/6: Colin Filer, Horses for Courses: Special Purpose Authorities and Local-Level Governance in Papua New Guinea 2004/7: Robert Muggah, Diagnosing Demand: Assessing the Motivations and Means for Firearms Acquisition in the Solomon Islands and Papua New Guinea 2004/8: Sinclair Dinnen and Edwina Thompson, Gender and Small Arms Violence in Papua New Guinea 2005/1: Nic Maclellan, Conflict and Reconciliation in New Caledonia: Building the Mwâ Kâ 2005/2: Michael Morgan, Cultures of Dominance: Institutional and Cultural Influences on Parliamentary Politics in Melanesia 2005/3: Hank Nelson, Fighting for her Gates and Waterways: Changing Perceptions of New Guinea in Australian Defence 2005/4: Allan Patience, The ECP and Australia’s Middle Power Ambitions 2005/5: Jerry Singirok, The Use of Illegal Guns: Security Implications for Papua New Guinea 2005/6: Jaap Timmer, Decentralisation and Elite Politics in Papua 2005/7: Donovan Storey, Urban Governance in Pacific Island Countries: Advancing an Overdue Agenda 2005/8: Jon Fraenkel, Political Consequences of Pacific Island Electoral Laws 2006/1: Hank Nelson, Governments, States and Labels 2007/1: Peter Larmour, Evaluating International Action Against Corruption in the Pacific Islands 2007/2: Brij V. Lal, ‘This Process of Political Readjustment’: Aftermath of the 2006 Fiji Coup 2007/3: Hank Nelson, The Chinese in Papua New Guinea 2007/4: Paul D’Arcy, China in the Pacific: Some Policy Considerations for Australia and New Zealand 2007/5: Geoffrey White, Indigenous Governance in Melanesia 2008/1: Brij V. Lal, One Hand Clapping: Reflections on the First Anniversary of Fiji’s December 2006 Coup 2008/2: Paulson Panapa and Jon Fraenkel, The Loneliness of the Pro-Government Backbencher and the Precari- ousness of Simple Majority Rule in Tuvalu 2008/3: Kate Higgins, Outside-In: A Volunteer’s Reflections on a Solomon Islands Community Development Program 2008/4: Sarah Kernot & Lai Sakita, The Role of Chiefs in Peacebuilding in Port Vila 2008/5: Debra McDougall, Religious Institutions as Alternative Structures in Post-Conflict Solomon Islands? Cases from Western Province 2008/6: Abby McLeod, Leadership Models in the Pacific 2008/7: Nicole Haley, Strengthening Civil Society to Build Demand for Better Governance in the Pacific. Litera- ture Review and Analysis of Good Practice and Lessons Learned 2008/8: Richard Eves, Cultivating Christian Civil Society: Fundamentalist Christianity, Politics and Governance in Papua New Guinea 2008/9: Into A. Goudsmit, Nation Building in Papua New Guinea: A Local Alternative 2008/10 George Williams, Graham Leung, Anthony J. Regan and Jon Fraenkel: Courts and Coups in Fiji: The 2008 High Court Judgement in Qarase v Bainimarama 2008/11 Keith Joseph & Charles Browne Beu, Church and State in the Solomon Islands 2009/1 Elizabeth Reid, Interrogating a Statistic: HIV Prevalence Rates in PNG 2009/2 Michael Green, Fiji’s Short-lived Experiment in Executive Power-sharing, May-December 2006 2009/3 Peter Coventry, The Hidden Mechanics of Solomon Islands Budget Processes - Understanding Context to Inform Reforms 2009/4 Hank Nelson, Mobs and Masses: Defining the Dynamic Groups in Papua New Guinea 2009/5 Nick Bainton & John Cox: Parallel States, Parallel Economies: Legitamacy and Prosperity in Papua New Guinea 2009/6 Robert Norton, The Historical Trajectory of Fijian Power
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