Incompatible Struggles? Reclaiming Indigenous Sovereignty and Political Sovereignty in Kanaky and/or New Caledonia (original) (raw)
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The Common Destiny Framework, Citizenship and Customary Governance in Kanaky/New Caledonia
Forum for Development Studies, 2018
In New Caledonia, the indigenous Kanak people maintain strong representation in domestic institutions and have a demographic majority. Combined with the ongoing devolution of power from France, New Caledonian politicians as a whole are well placed to explore alternative and plural forms of governance and citizenship throughout this process. Tensions and inequalities between French-Caledonians, Kanak and recent migrants from other pacific Islands, Asia and Europe have previously hindered the development of plural governance. However, the devolution of power and upcoming decision on the sovereignty of the country offer an opportunity to overcome these differences and create a stronger system of inclusion. Drawing on interviews with New Caledonian politicians, news reports and policy documents this article explores the origin and redefinition of the common destiny narrative: a discourse that embodies a sense of cooperation and the invention of a unified New Caledonia society that encourages equal opportunity and the integration of indigenous knowledges. Various definitions of common destiny reflect politicians' approaches to mitigating inequalities through intermarriage, nation building, or pluralism. In concert with the referenda, politicians have the responsibility of defining a New Caledonian citizenship and determining who will have access to this label. The upcoming referenda on sovereignty and unique position of indigenous power in New Caledonia offer an opportunity for policy-makers to negotiate a system of governance that integrates multiple knowledges and, in the context of common destiny, develop a more representative citizenship that cuts across societal divisions.
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Pacific Geographies, 2016
The French overseas territory of New Caledonia, called " Kanaky " by the indigenous Kanak people who represent around 40% of the total population, is preparing a referendum to be held on the question of political independence from France. The context is the Noumea Accord of 1998, which provides not only the transfer of political competences from France to New Caledonia (except defence, foreign affairs, law and order, currency and justice), but stipulated that a referendum on independence should be held between 2014 and 2018. This article discusses questions of belonging and identity raised by the possibility of eventual sovereignty. After a historical review of struggles for independence, we offer four different scenarios for the future of the country and some observations on its future prospects.
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2017
Through an extensive historical review and political analysis, the authors emphasize that in the search for the post-colonial state in New Caledonia, there have been three conflicting views of national identity: the ethnonationalism of the indigenous Melanesian Kanaks, the perpetuation, yet reinterpretation, of French colonialism, and, increasingly, a more accommodating pluralistic view. An updated demographic profile indicates that no one particular ethnic category is predominant; New Caledonia is clearly multicultural, although politics have focused around bipolar competition between the colonial French and the indigenous Kanaks. In pondering the future of New Caledonia, the authors conclude that both indigenous ethnonationalism and French neo-colonialism could in fact be accommodated within a pluralistic model; an effective pluralism policy can be formulated and promulgated, moving New Caledonia more purposefully towards full independence.
Political Theory and the Rights of Indigenous Peoples
2000
This book sets out to explore through its contributors the following questions: How can we render justice to indigenous people, and 'morally rehabilitate[ ]' (p. 3) those state projects that began in colonial occupation. The solution, the contributors argue, involves a re-creative act, one that not only overhauls the institutions and power structures of the dominant state and society, but also requires us to revise the way in which we think about political life. The volume brings together authors of different backgrounds, theoretical interests, and regional knowledge, and the contributors include both established figures and newer voices in the field. The editors juxtapose the experience and insights garnered from different regions F primarily Australia, Canada, New Zealand and the United States F and put these contributions within an overall frame that reflects the main markers of political legitimacy in the contemporary era F those of sovereignty, identity, and democracy. For many of the contributors, one of the major obstacles in addressing indigenous claims is a lack of imagination on the part of political practitioners who have become attached to limited conceptions of sovereignty, unity, nationality, jurisdiction, etc. Once we learn to be more flexible in our expectations, they argue, it will be possible for indigenous and non-indigenous peoples to live alongside one another in a legitimate and mutually rewarding way F or at least to live alongside one another in pursuit of these objectives. One of the narrow concepts we need to dispense with, for example, is the idea that there is a once-and-for-all solution to the question of indigenous status and rights. Instead, authors such as J.G.A. Pocock and Jeremy Webber recommend that we adjust to the idea that the terms of coexistence should be born of mutual negotiation and that they should be subject to ongoing renegotiation. At one point in the book, Pocock recalls joking that the indigenous and non-indigenous peoples of New Zealand could both consider themselves 'peoples of the ship'. It seems that the direction envisioned by Pocock and others in the volume would involve multinational or multicultural populations becoming 'peoples of the table' F committed to a life of perpetual negotiation concerning the relationship of the state and indigenous populations.
Reconciling Indigenous peoples' sovereignty and state sovereignty
2009
The concept of ‘shared sovereignty’ is examined as a contribution to the debate on reconciliation with Indigenous peoples in Canada and Australia. The discussion includes some commentary on some common features of the reconciliation debate in both countries. The main focus is on the views of a minority of justices in a Supreme Court of Canada case and their comparison with the analysis of Canada’s 1996 Royal Commission on Aboriginal Peoples. Image: sashafatcat / Flick
The Transformation of the 'Métis Question' in New Caledonia, 1853-2009
Mixed Race Identities in Australia, New Zealand and the Pacific Islands
Examining the ways in which " métis " have been problematised in New Caledonia since the colonial era, this chapter shows that, despite their assimilation within the colonial legal categories of citizen and subject, New Caledonia's métis have been far from socially invisible and have been the subject of perennial debate. Particular attention is paid to the transformations that occurred in the colonial era, during the violent " events " of the 1980s and in the wake of the Matignon (1988) and Nouméa (1998) Accords. Rather than causing the " métis question " to disappear, the decolonisation process has given new meaning to expressions of métis identity.
2006
I am so pleased and honored to be part of this Symposium on "Protecting Indigenous Identities: Struggles & Strategies Under International and Comparative Law." I want to extend my deepest thanks and appreciation to Dean Aviam Soifer, Professor Mark Levin, Professor Jonathan Osorio and all of the members of the Asian-Pacific Law & Policy Journal for treating me so well and making my visit to Hawai'i so enjoyable. I am inspired by the work that is taking place here, and I am very honored to be in the presence of the leaders who are here this evening, on the panel, and out in the audience. Thank you. My topic this evening concerns the concept of "nationhood" for indigenous peoples. In particular, I would like to explore the notion of self-determination which, I think, is understood quite differently under domestic U.S. law than it is under contemporary international law. What is happening in Hawai'i, including the controversy over the Akaka bill, exemplifies the tensions between domestic and international law. Hawai'i is a vitally important site for the articulation of self-determination because of its unique history and
The concept of ‘shared sovereignty’ is examined as a contribution to the debate on reconciliation with Indigenous peoples in Canada and Australia. The discussion includes some commentary on some common features of the reconciliation debate in both countries. The main focus is on the views of a minority of justices in a Supreme Court of Canada case and their comparison with the analysis of Canada’s 1996 Royal Commission on Aboriginal Peoples.An examination of the vexed issue of reconciling state sovereignty with assertions of Indigenous sovereignty including a view on the meaning of 'truth' in the context of reconciliation projects.
Showcasing the sovereignty of non-self-governing islands: New Caledonia
Asia Pacific Viewpoint, 2017
Since 1983, no non-self-governing island connected to a (neo-) colonial European or American metropole has acquired full Westphalian sovereignty and these islands continue to operate within constitutional frameworks that connect them to these metropoles. Large majorities in referendums on several of these islands have rejected full sovereignty. This paper opens with a review of the essential elements of the concept of sovereignty in a historical and global context, before studying how sovereignty is unfolding in new forms in non-self-governing islands in the Pacific and the Caribbean. As a case study, an analysis is presented of how pro-France (loyaliste) and pro-independence (indépendantiste) parties in New Caledonia are negotiating sovereignty with France. Evidence is given of how these New Caledonian parties are creatively using classic Westphalian signifiers of sovereignty normally reserved for sovereign states such as flags, diplomatic representations and international treaties, while still negotiating New Caledonia's sovereignty with France. This suggests that in contrast to Westphalian sovereignty, a unique 'Islandian' concept of sovereignty is emerging. Islands that are not sovereign in a Westphalian sense can creatively disassemble and reassemble signifiers of Westphalian sovereignty to strengthen their continuous negotiations with their metropoles and their neighbours.