France's response to New Caledonia protests repressive - UN Human Rights Committee

Deputy Chairman of the UN Human Rights Committee Jose Manuel Santos Pais has strongly criticized the report submitted by France to this body, Report informs.

Speaking at the 142nd session of the UN Human Rights Committee in Geneva, Pais stated that this French report is not as extensive as the previous one.

"Your fifth report on overseas territories was more detailed than the sixth. In the previous report, you addressed the UN Declaration on the Rights of Indigenous Peoples and indicated that France commits to observing the provisions of this declaration in all its territories, including overseas," he said.

He reminded that the previous report also noted that the French Republic was committed to taking into account the wishes expressed by these peoples.

"Regarding New Caledonia, it was noted during that period that the provisions of the Noumea Accord were more in line with the UN Declaration on the Rights of Indigenous Peoples, and this agreement is still signed between the state and political representatives of indigenous people," he said.

The French Government Used Excessive Force Against Protesters in New Caledonia

Pais noted that in May 2024, despite the provisions of the Noumea Accord - a constitution-based document providing for gradual transfer of power from France to New Caledonia, the National Assembly voted to expand New Caledonia's electoral body: "In protest against these changes, thousands of Kanak demonstrators mobilized and criticized the implementation of these reforms without prior free and informed consultations with indigenous representative institutions. Due to insufficient dialogue from authorities, violent clashes have been occurring since then."

The committee vice-chairman emphasized that the French government deployed large military forces to restore order, however, numerous reports of excessive force emerged during this process, resulting in several deaths and numerous injuries among Kanak demonstrators and law enforcement officers.

He reported that TikTok was blocked for 14 days, and according to information received by the committee, at least 11 people were shot dead, 169 were injured, about 1,700 demonstrators were arrested, with some even being sent to metropolitan France.

The severity of violence cases and the number of casualties and injured are particularly concerning

"There are reports of arrests of human rights defenders, especially from Kanak organizations. Despite documented acts of violence and damage to public and private property, the response to demonstrations was repressive. The severity of documented violence cases and the number of dead and wounded are particularly concerning. The violence in these areas appears to be related to changes in the Noumea Agreement and lack of progress in the decolonization process," said Pais.

He stated that looking at cases like Hebbadj v. France, Yaker v. France, the fifth hijab ban case, Cochet v. France, the FIA case, and Masoud Naima v. France, none of the Human Rights Committee's decisions addressed to the French state had been implemented. "After our concluding observations in 2015, how does your delegation assess the committee's findings? In the French state's view, should the committee's findings only be implemented when it declares a complaint inadmissible or agrees with the government's arguments, but when a rights violation is found, the findings shouldn't be followed?" asked Pais.

He asked the French representatives what the point was of voluntarily ratifying the protocol if decisions aren't implemented. Additionally, Pais noted that despite French Polynesia's inclusion in the list of non-self-governing territories by UN resolution in 2013, France maintains that this territory is not on said list.