Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

IF 0.4 Q3 LAW
M. Suksi
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Abstract

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.
自治还是独立?- -关于新喀里多尼亚目前和未来的立场
新喀里多尼亚是法国的殖民地。自从1998年通过《努姆卡马协定》以来,一直在进行向行使自决过渡的时期。新喀里多尼亚目前拥有很强的自治权,自1999年以来一直在法国的法律秩序中根深蒂固。立法权是在双重列举立法权的基础上在新喀里多尼亚议会和法国议会之间分配的,这种安排使新喀里多尼亚控制了自决的许多物质领域。与此同时,这种自治权已经很好地融入了法国的宪法结构。《努姆萨玛协定》已在《法国宪法》的规定和一项机构法中宪法化。这一规范框架创造了一个多层次的选民,对自治安排和自决程序提出了若干挑战,但欧洲人权法院和联合国人权事务委员会以考虑到当地情况的方式解决了有关投票权的问题,并考虑到立法的目的是促进被殖民人民,土著卡纳克人民的自决。自决进程可能包括一系列公投,第一次公投于2018年举行,第二次公投于2020年举行。在两次公投中,有权投票的人都对“你是否希望新喀里多尼亚获得完全主权并独立?”第三次公投预计将在2022年10月之前举行,如果这次公投的结果也是反对独立,就会开始进一步的谈判进程,第四次公投可能会决定新喀里多尼亚选择独立还是自治的自决模式。
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来源期刊
CiteScore
0.80
自引率
0.00%
发文量
13
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