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Citoyenneté néocalédonienne

= New Caledonian citizenship = New Caledonian citizenship is a distinct legal attribute within French nationality (the only one of its kind), specific to the sui generis collectivity of New Caledonia. It is thus a triple citizenship; New Caledonian, French and European.

Nouméa Accord
The notion of a New Caledonian citizenship was defined for the first time in the Nouméa Accord, signed on the 5th May 1998 between the state, the anti-independentists of the Rally for Caledonia in the Republic (RPCR) and the independentists of the Kanak and Socialist National Liberation Front (FLNKS). Article 2 determines that :

"One of the principles of this political accord is the recognition of a New Caledonian citizenship. This reflects the chosen fate of the community, and would be organised, after the end of the application period established by the accord, nationally, if it were so decided.

''For this period, the notion of citizenship upholds the restrictions placed upon the electorate for the elections of national institutions and for the final consultation. It will also be a reference for the development of provisions that will be set to protect local employment"''

This is supported in the notion of a 'communal destiny', required in the preamble of the accord:

"It is presently necessary to pose the foundations of a New Caledonian citizenship, enabling the native people to establish, alongside the men and women who live there, a humane community that affirms their communal destiny."

The accord supports recognition of a dual legitimacy "to live [in New Caledonia] and to continue to contribute to its development": that of the Kanaks, the people present in the archipelago before colonisation ("The Grand Terre and the other islands were inhabited by men and women who were named Kanak"), and the other populations who arrived thereafter in subsequent waves of migration ("The communities who live on the territory have acquired legitimacy through their participation in the edification of New Caledonia").

Legal definitions
Article 4 of the March 1999 Organic Law Relating to New Caledonia (LONC), which brought the principles of the Nouméa Accord into law, defines New Caledonian citizenship: "A New Caledonian citizenship is hereby established, from which people who fulfil the conditions laid out in Article 188 receive French nationality."

Article 188 specifies the composition of the electorate for elections to the administrative divisions and to Congress, consisting of all New Caledonian citizens. Initially (until 2007), three conditions had to be met in order to belong to this group:


 * "a) Fulfil the conditions required in order to be on the New Caledonian electoral register, established within sight of the consultation on the 8th November, 1998." This consultation consisted of a local referendum on the approval of the Nouméa Accord, referred to in Article 76 of the French Constitution, namely "to be able to participate in votes the people must fulfil the conditions laid out in Article 2 of Act No. 88-1028 of the 9th November 1988." This last law enforces the institutional changes decided within the Matignon Agreements of 1988, and Article 2 specifies that: "The voters listed on the electoral registers of the territory at the time of this consultation and who have been domiciled there since the date of the referendum approving this Act [6th November 1988] will be able to participate in these elections. Those who previously lived on the territory shall be deemed as inhabitants of the territory, even if they perform national service or pursue studies or training outside of the territory. This condition consequently also covers French nationals living in New Caledonia prior to 6th November 1988.
 * "b) Be listed on the annexed table and a resident of New Caledonia for 10 years prior to the congressional and provincial assembly election" This subparagraph establishes the principle of a "slippery electorate", applied in the provincial elections of 1999 and 2004. According to the principle New Caledonian citizenship incrementally increases participation in elections by restricting jus soli citizenship via the condition of a minimum of 10 years of residency in the archipelago.
 * "c) To have reached the age of maturity after the 31st October 1998 and either to be able to prove 10 years of residency in New Caledonia by 1998, to have had one of their parents eligible to vote in the 8th November 1998 election, or to have a parent listed on the annexed table and have been resident in New Caledonia for 10 years by the date of the election."

An important local political debate took place between 1999 and 2007 between those in favour of maintaining only the "slippery electorate" (essentially the anti-independentists of the RPCR) and those in favour of a greater restriction with a "frozen electorate", made up of only those on the electoral registers on the date of the referendum of the Nouméa Accord of 1998, blocking from that date onwards entry into New Caledonian citizenship (a viewpoint promoted before the date by the independentists of the FLNKS.) Ultimately it was the second option that was enforced by the French Parliament meeting in Congress in Versailles on the 19th February, 2007. With a result of 724 for and 90 against (including three New Caledonian parliamentarians, all the anti-independentists and members of the UMP, the two deputies Jacques Lafleur and Pierre Frogier and the senator Simon Loueckhote), this effectively adopts into New Caledonian law article 77 of the French Constitution, and in practise article 188 of the LONC. The following paragraph then adds:

"For the definition of the electorate called upon to elect the members of the legislative assemblies of New Caledonia and its provinces, the table that refers to the accord mentioned in article 76 and articles 188 and 189 of [LONC] shall be the table drawn up on the occasion of the ballot provided for in said article 76 [I.E the voters called upon to vote in the 1998 referendum] including people not eligible to participate [I.E people settled in New Caledonia between 1988 and 1998]."

A New Caledonian citizen is therefore any French national who has been living primarily in New Caledonia since 8th November 1998 (jus soli frozen), or those above the age of majority after said date with at least one parent holding New Caledonian citizenship (jus sanguinis).

Exit negotiations
The Nouméa Accord accounts for the eventual of one or two self-determining consultations on the institutional future of New Caledonia, and in particular the choice whether or not to remain a French collectivity. These consultations were scheduled to take place between May 2014 and December 2018. In 2018, a referendum took place in which 56.67% of voters voted against New Caledonian independence. Under the terms of the Nouméa Accord, New Caledonians will have the opportunity to vote again on independence in 2020. Not all New Caledonian citizens were able to vote in the 2018 referendum; article 218 of the LONC limited voting to those who have or could have taken part in the 1998 elections, and those who can prove 20 years of continuous residence in New Caledonia by the date of the referendum.

If New Caledonia is granted independence, New Caledonian citizenship will have to be changed into New Caledonian nationality.

Records
The number of people registered on the special voter's list and called to vote in provincial elections since 1999 has evolved like so:

1999 (slippery electorate): 108,422 registered, including:


 * South Province: 66,372 (61.2%)


 * North Province: 26,129 (24.1%)
 * Loyalty Islands Province: 15,921 (14.7%)

2004 (slippery electorate): 119,541 registered, including:


 * South Province: 83,648 (61.54%)
 * North Province: 32,677 (24.04%)
 * Loyalty Islands Province: 19,607 (14.42%)

2009 (blocked electorate): 135,932 registered, including:


 * South Province: 83,648 (61.54%)
 * North Province: 32,677 (24.04%)
 * Loyalty Islands Province: 19,607 (14.42%)

2014 (blocked electorate): 152,457 registered, including:


 * South Province: 96,347 (63.20%)
 * North Province: 35,697 (23.41%)
 * Loyalty Islands Province: 20,413 (13.39%)

In comparison, the number of registered voters in the European elections (which happened a month after each provincial election, and wherein other French and European citizens were also concerned by the vote):


 * 1999: 116,898 registered (including 8476, or 7.25%, who were not registered for the provincial election)
 * 2004: 132,568 registered (including 13,027, or 9.8%, who were not registered for the provincial election)
 * 2009: 154,154 registered (including 18,222, or 11.8%, who were not registered for the provincial election)
 * 2014: 175,488 registered (including 23,031, or 13.12%, who were not registered for the provincial election)

Links to triple citizenship
New Caledonian citizens are obligatorily French nationals and thus European citizens, with the rights and liberties offered in the statutes of both the former and the latter. As such, they participate, with the voters registered on the annexed table (French voters, or other European nationals for municipal or European elections, who do not have New Caledonian citizenship), in national elections (presidential and legislative), European Parliament elections and municipal elections.

Provincial elections
New Caledonian citizens alone can participate in provincial and congressional elections.

Protection of local employment

Only one genuine specific additional right is granted to New Caledonian citizens within the Nouméa Accord and the Organic Law of 1999; the protection of local employment. Herewith, Article 24 of the Organic Law declares :

"In order to support or promote local employment, New Caledonia shall take measures for the benefit of citizens and people who can prove a sufficient duration of residence to encourage the practice of paid employment, provided that such measures do not affect the individual and collective benefits enjoyed by other workers as of the date of their publication.