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