Pacific solidarity has driven historic UN recognition of France’s human rights violations in the struggle for self-determination and decolonisation in New Caledonia, a leading human rights activist says.Viro Xulue, a human rights and Indigenous law officer for Drehu customary council of New Caledonia attended the 42nd session of the UN Human Rights Committee in October, which examined reports of violations of human rights by France, including the self-determination of Māohi Nui and Kanaky.The committee’s subsequent report was concerned about the lack of progress made on the self-determination of the people of French Polynesia and made some recommendations.
Xule said the HRC confirmed all the concerns raised and he was grateful that José Manuel Santos Pais, the vice-chair was impartial and neutral in discussion.He said it was amazing to be acknowledged as an indigenous people for the first time.“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’
“It’s really big and historic for us. It’s a big surprise and we’re really proud,” Xule said.“It was really amazing because it was the first time for Kanak indigenous people to be there for the Human Rights Committee.”The appearance before the Human Rights Committee came months after riots in New Caledonia as Framce tried to alter the Noumea Accords to allow more French residents to vote on an independence referendum. In October France announced that the electoral reform proposal would not go ahead.After a successful report to the Human Rights Committee Xulue said the next step was the UN General Assembly at which he will help Fiji and PNG include the Human Rights Committee recommendations in a resolution, as Fiji and Papua New Guinea had proposed a resolution to the UN Decolonisation Committee in June regarding a mission to Kanaky on the question of New Caledonia.Asked if that Fiji and Papua New Guinea support showed Pacific solidarity, he agreed.“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
He also thanked the Pacific Conference of Churches as it had helped fund travel to New York and Geneva. And he also thanked te iwi Māori.“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.“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 and gods, we asked the Aboriginal people with the big snake, the rainbow serpent, to help us connect with our god.“It’s really powerful and it was the rule for Māori people to help Kanak people and we need to connect again, our spirit.”
Committee told France to respect constitutional irreversibility
The Human Rights Committee report raised several areas of concern.The third referendum on independence during Covid-19 while Kanaks were in customary Indigenous mourning was shown through high abstention - 56.13 per cent did not vote.The Human Rights Committee said France did not respect the right of indigenous Kanak to be consulted to obtain their free, prior and informed consent.It recommended France respect the principle of constitutional irreversibility set out in article 5 of the Noumea Accord, which guarantees the integrity of the decolonisation process.It also raised the issue of prison conditions, the over-representation of Kanaks incarcerated, and the need to take alternative measures for Indigenous convicts to serve sentences i communities rather than overcrowded prisons.France is required to submit its response by November 2027 to the committee’s 14 recommendations on the excessive use of force by law enforcement officers, freedom of expression and the right to peaceful assembly.Eleven Kanaks were killed in the uprising earlier this year and two French gendarmes.
Freedom of expression concerns
There were some concerns over freedom of expression with journalists being subject to arbitrary arrests and excessive use of force when covering demonstrations. The report said the state must ensure journalists could cover protests without undue restriction or risk to personal safety.The committee was concerned by what it said was a significant increase in the number of defamation proceedings aimed at intimidating, silencing and financially exhausting journalists, human rights defenders and trade unionists.It said since the Hamas terrorist attack on Israel last October 7 several political, trade union and community leaders had been prosecuted for “condoning terrorism” when they pointed out the context in which the acts were committed.Finally, the committee was also concerned about the temporary closure of a major social media platform in response to unrest in New Caledonia in May.On the right to peaceful assembly the committee discussed peaceful demonstrators being arbitrarily arrested, and their demonstrations banned by authorities on basis of an alleged threat to public order. This included demonstrations supporting Palestinians.
Where to next?
Xulue said it was a historical step for Kanaky as the Human Rights Committee’s recommendations enabled a request for a UN special rapporteur (human rights expert) investigation in New Caledonia, which could be used for support at the UN Decolonisation Committee.The next step was to implement the recommendations proposed for indigenous groups, integrating them into their institutions, particularly within customary councils but he said the French government must do the same.Last week the president of the French parliament, the National Assembly, and the president of the French Senate were in Kanaky. Xulue said he didn’t know the aim of the mission but was worried they were preparing the next step in an attempt to bury 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.”Indigenous representatives will participate in the 2025 Indigenous Forum and Decolonisation Committee, and the UN Committee Against Torture in May 2025, addressing what he called the first and second civil wars in New Caledonia (which were in the 1980s and earlier this year). The French refer to them as “the events” and civil unrest.Xulue emphasised, “The struggle is not finished.”The Human Rights Committee said the next constructive dialogue with France was planned for 2032 in Geneva.
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