United Nations General Assembly Resolution
Question of New Caledonia
The General Assembly,
Having considered the question of New Caledonia,
Having examined the chapter of the report of the Special Committee
on the Situation with regard to the Implementation of the Declaration on the
Granting of Independence to Colonial Countries and Peoples for 2014 relating to
New Caledonia,[1]
Reaffirming the right of peoples to self-determination as enshrined
in the Charter of the United Nations,
Recalling its resolutions 1514 (XV) of 14 December 1960 and 1541
(XV) of 15 December 1960,
Noting the importance of the positive measures being pursued in New
Caledonia by the French authorities, in cooperation with all sectors of the
population, to promote equitable political, economic and social development in
the Territory, including measures in the area of environmental protection, in
order to provide a framework for its peaceful progress to self-determination,
Noting also, in this context, the importance of continued dialogue
among the parties involved in New Caledonia in the preparation of the act of
self-determination of New Caledonia,
Recalling the report of the Special Rapporteur on the rights of
indigenous peoples on the situation of Kanak people in New Caledonia, submitted
to the Human Rights Council at its eighteenth session, held from 12 to 30
September and on 21 October 2011,[2] following his visit to the Territory
in February 2011,
Noting with satisfaction the intensification of contacts between
New Caledonia and neighbouring countries of the South Pacific region, including
through the hosting of New Caledonian delegates in the French diplomatic and
consular missions in the region,
Recalling the conclusions of the eighteenth Melanesian Spearhead
Group Leaders Summit held in Suva on 31 March 2011 and the recommendations for
the annual monitoring and assessment of the Nouméa Accord,[3]
Welcoming the exchange of letters between the Department of
Political Affairs of the Secretariat and the Melanesian Spearhead Group
secretariat on the sharing of information on New Caledonia,
Mindful that New Caledonia has entered the most seminal phase of
the Nouméa Accord process, a period that requires continued close monitoring by
the United Nations of the situation in the Territory in order to help the
people of New Caledonia to exercise their right to self-determination in
accordance with the objectives set out in the Charter and the Declaration on
the Granting of Independence to Colonial Countries and Peoples,
Welcoming the Charter of the Kanak people, common base of the
fundamental values and principles of the Kanak civilization, which was
proclaimed in April 2014 by the customary authorities, Great Chiefs, Chiefs,
Presidents of District Councils and Presidents of the Clan Chiefs Councils, as
the sole traditional custodians of the Kanak people of New Caledonia,
Welcoming also the dispatch of a United Nations visiting mission to
New Caledonia in March 2014,
Having heard the statement of the Chair of the visiting mission,
Having examined the report of the United Nations visiting mission
to New Caledonia,[4]
Welcoming the cooperation of the administering Power with regard to
the work of the Special Committee relating to New Caledonia and its readiness
for and concurrence with the dispatching of the 2014 visiting mission,
Having heard the statement of the representative of the
administering Power,
Acknowledging the successful conduct by New Caledonia of municipal
and provincial elections in May 2014,
Taking note of the information presented to the Pacific regional
seminar on the implementation of the Third International Decade for the
Eradication of Colonialism: accelerating action, held in Nadi, Fiji, from 21 to
23 May 2014, on the situation in the Territory, including on the issues related
to the 2014 elections,
Aware of the challenges encountered in the 2014 provincial
electoral process, particularly with regard to the work of the special
administrative committees in updating the special electoral roll, the
non-existence of the supplementary electoral roll from 1998 and the
unavailability of the 1998 general electoral roll prior to 2014, and their
potential impact on the referendum on self-determination,
1. Approves the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for 2014 relating to New Caledonia;1
2. Also
approves the report, observations, conclusions and suggested
recommendations of the United Nations visiting mission to New Caledonia
conducted in 2014;4
3. Expresses
its appreciation to the administering Power and the Government of New
Caledonia for the close cooperation and assistance extended to the visiting
mission;
4. Notes
the concerns expressed regarding the challenges encountered in the provincial
elections process with respect to the persistent varying interpretations of the
restricted electorate provisions and the voter registration appeal process, and
encourages the administering Power and the people of New Caledonia to address
in an amicable manner the concerns of all stakeholders under the existing
relevant laws in the Territory and in France, while also respecting and
upholding the spirit and letter of the Nouméa Accord;3
5. Expresses
the view that adequate measures for conducting the upcoming consultations
on access to full sovereignty, including a just, fair and transparent electoral
roll, as provided in the Nouméa Accord, are essential for the conduct of a free
and genuine act of self-determination consistent with United Nations principles
and practices;
6. Calls
upon France, the administering Power, in the light of the observations,
conclusions and suggested recommendations of the visiting mission, to consider
developing an education programme to inform the people of New Caledonia about
the nature of self-determination so that they may be better prepared to face a
future decision on the matter, and requests the Special Committee to provide
all available assistance in that regard;
7. Commends the observations, conclusions and
suggested recommendations of the visiting mission to the Government of France,
as the administering Power, and the Government of New Caledonia for appropriate
action;
8. Urges
all the parties involved, in the interest of the people of New Caledonia and
within the framework of the Nouméa Accord, to maintain their dialogue in a
spirit of harmony in order to continue to promote a framework for the peaceful
progress of the Territory towards an act of self-determination in which all
options are open and which would safeguard the rights of all sectors of the
population, based on the principle that it is for the populations of New
Caledonia to choose how to determine their destiny;
9. Notes
that, at its eleventh meeting, held on 11 October 2013, the Committee of
Signatories of the Nouméa Accord, inter alia:
(a) Examined the transfer of powers undertaken
in 2013 and conducted an initial review of the work of the interministerial
standing committee responsible for supporting the transfer of powers under way
or completed;
(b) Considered proposed amendments to the
Organic Law of 19 March 1999 relating to New Caledonia and a draft law
containing various provisions related to overseas territories, including
several measures concerning New Caledonia;
(c) Considered the work of the steering
committee to assess progress under the Nouméa Accord, welcomed the outcome of
the working group established in 2013, and called for its continuation;
(d) Took note of the discussion paper presented
by the mission responsible for considering the institutional future of New
Caledonia, and agreed that it could be used as a basis for work and debate with
a view to preparing for the referendum prescribed by the Nouméa Accord and that
it should be widely disseminated;
(e) Discussed the conditions under which
preparations would be made for the referendum after the provincial elections in
2014 with the assistance of France, if requested;
(f) Noted the status of the discussions on
nickel markets and activities undertaken within the framework of the Conference
of Presidents, and reiterated the need to build a coherent, long-term
industrial strategic framework, with the participation of all stakeholders, in
order to ensure the sustainable future development of mining and metallurgical
activities and to maximize their socioeconomic benefits;
(g) Noted with satisfaction the work
accomplished by the special congressional commission responsible for adopting a
flag that expresses both the Kanak identity and the future to be shared by all;
(h) Examined the work carried out for the
establishment of structured mechanisms for the advancement of New Caledonians
in the civil service, particularly the sovereign civil service;
10. Reaffirms
its resolution 68/87 of 11 December 2013, in which the General Assembly, inter
alia, reaffirmed that, in the absence of a decision by the Assembly itself that
a Non-Self-Governing Territory has attained a full measure of self-government
in terms of Chapter XI of the Charter of the United Nations, the administering
Power concerned should continue to transmit information under Article 73 e of the Charter with respect to that
Territory;
11. Notes
the continuing concerns expressed by the Kanak people regarding their
underrepresentation in governmental and social structures, incessant migratory
flows and the impact of mining on the environment;
12. Commends
the “Cadres for the future” programme, and encourages further enhancement of
the training and capacity-building of high-level executives in the public and
private sectors in the Territory, particularly in view of the ongoing transfer
of powers from the Government of France to New Caledonia, while ensuring that
the transfer of powers is undertaken in a manner consistent with the Nouméa
Accord;
13. Recalls
the observations and recommendations contained in the report of the Special
Rapporteur on the rights of indigenous peoples on the situation of Kanak people
in New Caledonia,2 made
in the light of relevant international standards, to assist with ongoing
efforts to advance the rights of the Kanak people in the context of the
implementation of the Nouméa Accord and the United Nations-supported
decolonization process;
14. Welcomes
the strengthening of the economic and social rebalancing initiatives undertaken
by the administering Power, and urges its continuation in all areas and
communities of the Territory, especially of the well-being of the Kanak
indigenous people;
15. Encourages
the administering Power, with the cooperation of the Government of New
Caledonia, to ensure and enhance safeguards for and guarantees of the
inalienable right of the people of the Territory to own, access, use and manage
their natural resources, including proprietary rights for their future
development;
16. Recalls
the relevant provisions of the Nouméa Accord to the effect that New Caledonia
may become a member or associate member of certain international organizations,
and notes the continuing strengthening of ties between New Caledonia and both
the European Union and the European Development Fund;
17. Welcomes
the accession of the Front de libération nationale kanak socialiste to the
Chair of the Melanesian Spearhead Group, the hosting, for the first time in New
Caledonia, in June 2013, of the meetings of officials and leaders of the Group
and the opening, in February 2013, of the Front de libération nationale kanak
socialiste unit at the headquarters of the Group secretariat in Port Vila;
18. Acknowledges
the contribution of the Jean-Marie Tjibaou Cultural Centre to the protection of
the indigenous Kanak culture of New Caledonia;
19. Welcomes
the cooperative attitude of other States and Territories in the region towards
New Caledonia, its economic and political aspirations and its increasing
participation in regional and international affairs;
20. Takes
note of the information shared by participants from New Caledonia at the
Pacific regional seminar on the implementation of the Third International Decade
for the Eradication of Colonialism: accelerating action held in Nadi, from 21
to 23 May 2014, including on measured progress made in the social, economic,
political and environmental spheres and more focused efforts, particularly on
the rebalancing initiatives and electoral roll concerns, necessary for the
long-term shared mutual benefit of all New Caledonians, and urges the
administering Power and the Government of New Caledonia to devote appropriate
attention to addressing these issues;
21. Welcomes
the peaceful conduct of provincial elections in New Caledonia on 11 May 2014,
the preceding municipal elections and the subsequent ongoing efforts to form a
new Government of New Caledonia, and encourages constructive engagement by all
stakeholders in further developing New Caledonia for all, including by
respecting and upholding the Nouméa Accord;
22. Also
welcomes the actions taken by the administering Power to continue to
transmit to the Secretary-General information as required under Article 73 e of the Charter, particularly the
submissions on 4 February and 15 May 2014 on the most recent developments in
New Caledonia;
23. Notes
the agreement between the signatories to the Nouméa Accord that the
progress made in the emancipation process shall be brought to the attention of
the United Nations;
24. Decides
to keep under continuous review the process unfolding in New Caledonia as a
result of the signing of the Nouméa Accord;
25. Requests
the Special Committee to continue the examination of the question of the
Non-Self-Governing Territory of New Caledonia and to report thereon to the
General Assembly at its seventieth session.
[1] Official Records of the General Assembly, Sixty-ninth Session,
Supplement No. 23 (A/69/23), chap. IX.
[2] A/HRC/18/35/Add.6, annex.
[3] A/AC.109/2114, annex.
