New Caledonia: Emmanuel Macron’s dangerous constitutional revision

Now is clearly not the time to reach a political agreement on New Caledonia’s new status within the Government’s preferred timetable of the end of the year. The state had hoped for an institutional draft by December 31, with a view to constitutional revision in March, and, if consensus was not reached, threatened to present at least an organic bill on what it considers urgent: enlargement. Electorate of Caledonia for the 2024 provincial election. This resulted in the creation of a congressional, local parliament – today with a narrow pro-independence majority and whose mandate expires in May – presided over, like the government. Independent by Luis Mapo.

This topic is very sensitive because it is placed at the center of the delicate balance achieved by separatists and loyalists in the institutions of New Caledonia after Matignon in 1988 and especially after the Noumea Accords in 1998. A limited electoral authority for the territory was defined in 2007 under the chairmanship of Jacques Chirac – despite opposition from a section of the right, at the 2008 Versailles Congress – then frozen. Derogations from universal suffrage confirmed within the framework of the French Constitution in Title XIII entitled “Transitional Provisions for New Caledonia”. : This title was, according to constitutional law specialist Guy Carcassonne, “Matrix of the state constitution is being prepared”.

At the legal level, the issue of freezing the electoral body “Arises from the jurisprudence of the European Court of Human Rights and the UN Covenant on Civil and Political Rights”, explains Jean-Francois Merlet, former advisor to François Mitterrand Prime Minister Michel Rocard (1988-1991) on this matter. Disenfranchised, around 20,000 voters, including grandchildren of parents born in New Caledonia, are being urged to take part in the 2024 elections. The political challenge stems from the fact that “Congress and Provincial Assemblies remain central to the process of self-determination” It opened with the last major political agreements.

Organic law, a very legally risky solution

The Council of State discussed the government’s request on this topic at a general meeting on Thursday, December 7. The subject was not published on the agenda, and the opinion was recorded on December 9 in the utmost secrecy – a rare precaution. According to our information, the Supreme Administrative Court has indicated that there is a way for constitutional revision.