Previous Next

France in the South Pacific

Appendix 2 Principal statutory measures and proposals: New Caledonia and French Polynesia

Year

Title

Key Features

Status

New Caledonia

1957

Defferre Law

Administrative autonomy. Territorial Assembly based on universal suffrage, Council of Government of 6–8 ministers.

Law 56-619,

23 June 1956

Decree, 22 July 1957

1963

Jacquinot Law

Reduced autonomy. Removed title of Ministers; Governor the unequivocal head of territorial services.

Law

21 Dec 1963

1969

Billotte Law

Reduced autonomy. Local municipalities replaced by communes run by Paris; confined control over tax exemption for minerals, and other controls over minerals, to French state.

Laws (3)

3 Jan 1969

1976

Stirn Statute

Increased autonomy.

High Commissioner shares control of government with Assembly.

Members of government council have responsibilities.

Law

28 Dec 1976

1979

Loi Dijoud

Weakened autonomy. Minimum threshold 7.5% for parties to win seats in assembly. Council of Government elected by majority rather than proportional vote; Council can dissolve Assembly.

Law 79-407,

24 May 1979

1984

Lemoine Law

Internal autonomy. Referendum within 5 years. Allows distinctive identity signs. Local President of the Territorial Assembly who controlled administration. Consultative mine and credit councils; Assembly including customary representatives.

Law

6 Sept 1984

1985

Pisani Plan

Independence-in-association. Referendum July 1985, if yes: transfer of sovereignty January 1986. Citizenship of new state for all. Non-Kanaks rent from traditional Kanak owners. Retention of French nationality. France to provide defence, expertise, funding for development and training.

Law

23 Aug 1985

Not implemented

1985

Fabius Plan

Reduced autonomy. Introduced regionalisation.

French High Commissioner takes on executive power aided by smaller Council. French Government takes ordinance issuing powers. Customary Council created.

Referendum on independence-in-association to be held by 31 December 1987.

Law

23 Aug 1985

1986

Pons I Statute

3-year residence rule for self-determination vote in September 1987; powers of regions weakened; new Land Agency created.

Law

17 July 1986

1988

Pons II Statute

Revised demarcation of regions, more autonomy.

Executive Council of 10 members, High Commissioner participates without right of vote. Territory freely determines identity signs.

Law

22 Jan 1988

Never implemented

1988

Statut Rocard

Matignon/Oudinot Accords

Created three provinces, each with assembly; a Congress including representatives from the provinces, a Consultative customary council; referendum on self-determination in 1998 by restricted electorate of voters resident in 1988 and descendants; direct rule from Paris for one year; French state takes control of Land Agency and French High Commissioner assumes executive control.

Law

9 Nov 1988

1998

Noumea Accord

Collegial government and Congress based on proportional vote in provinces by one restricted electorate; phased handover of all but five sovereign powers by 2018; up to 3 votes between 2014–2018 on these powers, on international status and on citizenship, by different restricted electorate; work for agreed identity signs; protection of employment for defined New Caledonian citizens.

Agreement to 2018

Organic Law

No 99-209

19 Mar 1999

French Polynesia

1957

Defferre Law

Application of the Defferre Law to French Polynesia (formerly EFO), providing more autonomy.

Law 56-619

23 June 1956

1958

Ordinance

Reduced autonomy and local freedoms. Reaffirmed pre-eminence of French Governor. Removed individual ministerial responsibility in favour of collegial responsibility. Reduced Governing Council from 6–8 to 5 members.

Ordinance

58-1337

23 Dec 1958

1977

Management Autonomy Law

Some increased autonomy in management.

Reinstates Vice-President of Governing Council with some collegial management powers.

French Governor becomes High Commissioner with executive power.

Law 77-772

12 July 1977

1984

Law

More internal autonomy, executive power devolving to the Assembly rather than French High Commissioner; Tahitian flag and official language.

Local President created. French State sovereign responsibilities but some shared responsibilities, return to territory of some responsibilities (post and telegraphs, secondary education) taken by State in 1960s.

Law 84-820

6 Sept 1984

1990

Law

Modifies internal autonomy.

More powers to Territory over direct foreign investment budget; exploration and exploitation of seabed, marine and subterranean resources; and regional relations; consultative committee on immigration and foreign residence.

Law 90-612

12 July 90

1996

Organic Law

Statute of autonomy.

Law 96-313

12 April 1996

2004

Organic Law

Reinforces 1996 Law after constitutional review.

Law 2004-193

27 Feb 2004

2007

Organic Law

Modifies Organic Law as it applies to election.

Law 2007-223

21 Feb 2007

2007

Law

Modifies the February 2007 Law applying to elections.

Law 2007-1720

7 Dec 2007


Sources: Faberon and Ziller, 2007; Henningham, 1992; <http://www.legifrance.gouv.fr>


Previous Next