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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>

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