“Betting on trust” is the title of the agreement reached on July 12 in Bougival, on the outskirts of Paris, between the French state and political partners from New Caledonia. Eighteen New Caledonian representatives from across the political spectrum signed a document with Manuel Valls, the minister for overseas territories, that is riddled with ambiguities and unspoken elements. The text is designed to succeed the [1998] Nouméa Accord. It redefines relations between the French state and the archipelago, which becomes the “State of New Caledonia,” a human and geographic entity that remains under French oversight.
Still at the draft stage, the effective implementation of the agreement will require not only the approval of New Caledonian citizens, but also of French lawmakers, who, starting in the autumn, will be called on to legislate to postpone the provincial elections and integrate this contractual agreement into the institutional legal framework. The text is a bold bet on the malleability of French law and the flexibility of elected officials. It is a gamble that could prove risky, especially for [Indigenous] Kanak youth, for whom it offers little more than a substitute for statehood as their future horizon.
After outlining the key principles driving it, the agreement rests on two pillars: the future institutional framework and economic support. The latter was certainly decisive in reaching consensus. The rescue plan for the nickel mining industry, cleaning up public finances, the gradual and conditional easing of debt, and restoring the social welfare system’s accounts all played a significant role in the negotiations. Although all these areas fall under the exclusive authority of New Caledonia, the French state is signing a check for the country’s reconstruction and, in return, securing New Caledonia’s long-term attachment to France.
Russian doll model
This will require unprecedented adjustments. Until now, the exceptions to the principles of a unified and indivisible French Republic imposed by the Nouméa Accord were tolerated, if not accepted, due to the “transitional” nature of Title XIII of the French Constitution, which is dedicated to New Caledonia. By contrast, permanently enshrining the “State of New Caledonia” in the Constitution could create real legal challenges. The constitutional authorities will need to address this.
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