New Caledonia- Customary Rights

7/27/2019 New Caledonia- Customary Rights

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The right N

S

customary in New CaledoniaLPN I

The eight areas Customary s The New Caledonia


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Coverage

In custom - system of social relations - trade of food and objects strengthen ties. ADCK-CCT

If the custom based traditional Kanak life, she is now part of the social relations of all communities in NewCaledonia. At the House of New Caledonia, the big box, evidenced by the eight poles customary areas, is a spacewhere the customary gesture is often accomplished. "Make custom" has become a very popular phrase in allcommunities in New Caledonia. The path had been traced by the Matignon Accords in 1988 with the constructionof the cultural center Tjibaou "strong gesture" of France with regard to the Kanak culture, but also the recognition

of a common law of the land . In 1998, the Noumea Accord reaffirmed the link of the original people to the land.The establishment of new legal tools and innovative institutions, such as customary senate has opened theinstitutional space in the traditional system. For generations, the next step will be played on the international scenewith the recognition of traditional knowledge and "collective biocultural heritage" of New Caledonia. This bookletcovers the essential points concerning customary law, to better understand Caledonian changing society, seeking itsbearings between tradition and modernity.

Joel Viratelle

House Director of New Caledonia

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The Custome

governed texts Lafargue


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Tjibaou (1936-1989). Services archive

of New Caledonia

Below againstThe yam tuber sacred is at the heart of the custom. Eric Dell'Erba

Like many non-Western societies,Kanak society conceives its existence in its perpetuation through generations, clans andlineages. It promotes the group and not separate man from his environment. It reasons from the perspective of genealogywhere the individual is less important than the continuity and survival of the social group. Unlike the West, whereimmortality is written in stone monuments, Kanak immortality lies in the way of being and to consider oneself, ie inthe"custom" .

"

Tjibaou,

in L has presenc e Kanak , ed. Odile Jacob, 1996

aN soCiety of orality

Like most traditional communities, Kanak society isoral tradition . The word is particularly expressed in speeches onalliances between clans, recalled during major events. Languages and myths transmitted from generation to generation isthe heart of its identity. In the absence of writing, which establishes communication and its contents, orality is governedspecific codes. Oral knowledge is collective and not individual fact, so an individual can know the history but have permission to speak.

* Kanak is the hero of Kanak founding myth.

It is here used in the sense of the Kanak man.

Dances participate in the celebration of social rituals that engage clans and tribes. Melanesia 2000 festival. ADCK-CC

"

emmanuel Kasarhrou, former director of the cultural center Tjibaou

Custom, an ancestral code SOCIAL RELATIONS The custom report illuminates the world, ancestors, the collectiveand personal destiny, the link with the earth and all those who worked. It refers to a way of being, and thus to consider thsocial and legal norms that result. She lives and renews itself. Far from any confinement in the past, the custom is,nowadays,a new sense : It is thought as a means to affirm and bring up an identity.

The sense of Custom

" Tjibaou in Ciba u Cibau , Kam o p a Kavaac , ADCK 1998


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5. Three to four days after the wedding, the girl arrives at the venue of the ceremony to attend differentcustoms presented by the boy's family. Customary marriage really begins with the arrival of the maternal uncle of the boand ends when all the clans came with their custom.

Trade in goods, here embodied by fabrics, participate in constant renewal of ties. MNC

Marriage is an important moment in the custom. Wedding Grand Chief Lssi, Evanes Bakery (Lifou, 1999). Dr Yam,symbol of life. ADCK-CCT

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A clan entrusts another responsibility of caring for a woman who will givechildren, who belong to the paternal clan. The union called inter-clan in returnother gifts of life. At a wedding,the paternal clans bring yams to be consumed pledge agreement lineage. The combined offerings are then distributed to maternalallies. Verbal exchanges rely on donations, the largest of which are traditionallythe "currency" and yams.

Yam sealed alliances

The lifetime of the clan is set by yam cultivation. Social time runs parallel to the tuber which determines the date of majevents such as the inauguration of the head, marriage, grief and alliances.

Symbolically, the yam is male. Connected to the ground, it represents the power of the paternal clan, which is why it performs before sowing, a gesture of transmission. Asthe center post the box, yam is still the center of all trade in Kanak country. It is the seal alliances and guarantees of speech.

* Bat

Current coins Melaleuca bark and wool yarn. atalante

The "currency" Kanak AN token of appreciation and reciprocity

Strictly speaking, the traditional Kanak currency is an assembly of beads (shells, bones dogfish *) on a wire with threemain segments: the mouth or opening, the body and the end or foot. The ensemble is completed by a braided sheath,"home currency" plant fibers. Beyond its material reality, Kanak money isa symbolic object , Social and economic, it isconsidered an object at the heart of the "custom". Expression and media exchanges, it isthe ancestor and the vehicle floor.The elements that compose identify the clan to which it belongs. Color, black for important events, white for simpler ceremonies, as well as its length, determine its value.


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The "currency" Kanak has nothing to do with money as it is understood inEurope, it has no market value. It plays, as ethnologist pastor, MauriceLeenhardt (1878-1954), identical to that of a seal in a partnership role writtencommitment.

Hienghne region.

Kanak currencies. Museum Collection New Caledonia EricDell Erba

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Currency sculpted head , northeast of New Caledonia. MuseumCollection New -

Caledonia Eric Dell Erba

Corps currency beads small cones

foot sex or money hair dogfish

Luxury n Knives reprsentan t the man's arm

Head carved

Home

Shell feathers border between martin-pcheurdeux clans, one inside and theother sea

Toutoute

Case head currency currency area Houalou.

Currency represents one or more clans. Its origin can be identified thanks to its components. Collection of the Museum o New

Caledonia Eric Dell Erba

Recognition of collective rights clans Kanak The custom also expresses the link mena legal person under the law landand collective obligations. The legal personality of the "tribe" has been recognized, like other peoples of Oceania, theKanak for the first time by a gubernatorial decree reason as if the main actor wasthe earth . 1867. At that time, the term"tribe" referred Clan is the "guardian" of intellectual capital, sociallarge chiefdoms and assumed that a material that is theearth. He holds a "liability Vicarious" subjects "duty of care and conservation," which involves liable for damagescommitted the right to use and not a property right in the sense of collective responsibility the tribe. This was the westerend. In Kanak land is collectively be condemned and deprived of all its inalienable capital, inherited from ancestors and

land confiscated as punishment. such, it must be passed on intact to future generations. The same is true for traditionalknowledge ,

land redistribution

in relation to the land, and some plants . Responding to land and identity claims expressed by Kanak people in the 1970vast land reform was initiated. The Agency for Rural Development and Land Management (ADRAF), created in the wakof the Matignon Accords in 1988, is the tool of land redistribution in New Caledonia.


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Its missions are many:

- processing of applications for land claims;

-land acquisition;

-allocation mainly to particular groupings of local law (GDPL);

- participation in mediation in the customary conflicts;

-Support for economic development projects on customary land. In 2010, ADRAF has acquired 800 hectares and hasassigned

In the customary space

3 629-14 GDPL and two communities. It still has

the relationship between

stock 17,033 hectares.

clans are represented by strips of cloth.

www.adraf.nc

ADCK-CCT / wedoye Henri Octave Togna, Senator clans, tribes customary during customary palaver.

Customary rules organizing society around the head which

MNC / Jean-Franois Marin

identify very hierarchical and represented by the Counci clans of the former. The clan, all families sharing a myth andearth, is the basic entity. Each clan has a specific function that occurs primarily during traditional ceremonies. There areclans of wizards, fishermen, warriors, clans hold medicinal knowledge, the families of the earth, etc..

The term tribe was invented by the colonial administration to designate reserves, protected areas which were grouped theKanak. Before colonization, they lived independent of each other, speaking the same dialect and referring to the same la

In 1985, the legal status (ability to have rights and duties) was granted to particular groupings of local law (GDPL) original structures created in NewCaledonia to balance the demands of economic development and the traditionalcustomary organization . The GDPL brings individuals tied together by traditionalties within a family, a clan, a tribe. Consists mainly of people of customary civilstatus, it is governed bycustomary law . Some GDPL are created to pursue aneconomic activity other to allow the allocation of land.

It was not until 2011 that the legal personality of the clan was recognized. Theclan can therefore acquire property, manage resources or legal proceedings. Now he is, and not as a tribe during thecolonial period, which is the true holder in Kanak society.

gathering of women for the reception of a personality (Lifou). Jean-Franois Marin


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Below against

The Loyalty Islands, the sacred space is bounded by a stonewall (Uvea).

Precarious habitats, Noumea. Jean-Franois Marin

doubLe Next Page

Tissue tied on branches recall the spoken word and mark therespect of the place. Jean-Franois Marin


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Yesterday, "The native custom"

Kanak leaders. Services Archives New Caledonia

Below against

Yams are submitted to the box of the great leader. Services archive

of New Caledonia

The creation of tribes In 1855, the French government proclaims owner escheat land and prohibits establishment of European land ownership through acquisition operated directly by settlers from customary owners to reserve the entire lafor settlement and to leave the administration full control over the allocation of land and the redevelopment of the landarea. It implicitly recognizes the existence of native title . The need for land for the creation of the prison, and for the free


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settlement, led to the setting aside of the native tribes.

Tribe in the colonial times

In nineteenthe century, the "tribe" meant a people, an ethnic group, as does the English wordtribe . In the true "native"system, there was the great chief, and under the great leader there was no structure other than the clan. Colonizationimposed grouping clans villages, under the authority of a "small head" and a "council of elders".

In 1867, Governor Guillain reaffirms the existenc e of native title and in return, the government imposed the "cantonmenof natives inthe "native reserves." So for the colonial law, only the tribe (corresponding to the "district" current), under the authority of the great leader, land rights, subject to forfeiture. For Kanak, however, the clans are only owners of landwhich are inalienable and indefeasible.

RESERVES Policy cantonment is interrupted by the uprising of 1878. But it gets more beautiful, between 1894 and1900 with the governor Feillet who wants to develop free colonization. By necessity, Melanesians have no longer recognize collective ownership of their lands, but a simple right of enjoyment. In 1897, a decree guarantees field reservecalculated on the basis of three acres of arable land by Aboriginal. But it will not actually applied.CantonmentGeneral the late xixth century includes the Kanak population of Grande Terre in 78 reserves, while the Loyalty Islandsand the Isle of Pines are enacted wilderness.

Rights of citizenship The colony needs land and arms. She really needs that indigenous people are pacified if not peaceful. This is especially true in the wake of uprisings generated byland expropriations . This requirement takes theform of a regulation which restricts the freedom of coming and going outside the reserves: the regime said the native population, which applies throughout the whole of the colonial empire

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French. The governor may detain "native" without judgment. Freedom of movement is restricted Kanak in 1860. Thenative population that distinguishes the "subjects" of the Empire "citizens" French createsa duality of personal rule : Only"citizens" have political rights that are denied to "subjects."

Change status

Before 1946, the only way to go from being subject to citizen is through a process of "naturalization". In 1946, all"subjects" become French citizens, but retain their individual civil law, with the possibility of abandoning the "particular

status" for "marital status of common law." This system aimed at assimilation, was maintained until the signing in 1998 the Noumea Accord, which reaffirms this duality and equality between the two "personal status".

The powers of chiefs

As part of the native population, the "chefs" are responsible for maintaining order in the" districts" , administrativesubdivisions multi tribes are they governed by the "small leaders." This organization, supported by the traditional rule,allows thecouncil of elders , The "little head" and "great leader" to take all kinds of decisions in the interest of thecommunity, whether civil decisions or decisions to "disciplinary" character. This "disciplinary" system remains in effecttoday. The traditional leaders claim the right to speak and act for the preservation of "customary law and order."

Article 10. "

Article 11 . "

Decree, No. 895 of 6 July 1954 on the powers of the service on Aboriginal Affairs, CANE, July 19, 1954, p. 346(excerpts)

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Today, "The Kanak customary status"

The Noumea Accord (1998), after the Matignon (1988), sought to give political weight to the leading Kanak populationSo that was defined Caledonian citizenship. It is not limited to the Kanak, but excludes recent migrants who can not take part in major elections on the institutional future of the territory.This citizenship Who wants to be a foreshadowing of what could be the future Caledonian citizenship, says he can coexist a "personal" rights system linked to an inheritance olasting presence on part of the territory of the French Republic. This development in the classic democratic rule is intendnot to crush minorities.

Gesture of thanks from the Customary Senate to the Arab World Institute in Paris to host the event "Caledoun, Arabs anBerbers of New Caledonia" in November 2011. MNC / Jean-Franois Marin

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Emmanuel Tjibaou, director of the cultural center Tjibaou receives customary offerings. ADCK-CCT

two statutes civilians equaliTy

According to Article 75 of the French Constitution, In New Caledonia, a "status(civil) customary" is recognized as the Kanak. It applies to all relations of a civilnature between persons withinthe "Kanak customary status" . It has regainedthe right family, the right people, the right contracts, the right of land and all thatis on the land, in short everything covered in the legal system of common law,civil law. Disputes concerning those customary status are settled amicably bycustomary authorities or, in case of conflict, a particular jurisdiction where sitcustomary assessors .


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Customary status, individual or common law?

We talk about special status as opposed to the status of "common law" to the Noumea Accord, which states that the specstatus will now be called "Kanak customary civil status." This terminological change means a complete change of perspective away any assimilationist policy. Now there is more of a common law status, which would be dominant overthe other and will become the status of all. The common law status could actually be called "civil status", as it is status acategory of the population.

The Noumea Accord allows anyone under the ordinary law of return to customary status. Just as he prove that he lives insustainable manner, in accordance with the rules of the Kanak custom. It is up to the judge to determine whether a persoold RAM and continuously, even if the acts of civil status say otherwise.

The Noumea Accord erects the Kanak law (custom under its legal aspect) in the central part of the identity. He alsomentioned the "connection to the land" (better term than property rights) and requires the application of custom ininterpersonal disputes (law of persons and family law and contracts) and in the field of land.

jurisdictions adapted Until 1988,the status of Kanak was evidenced by the existence of a civil system, with its ownrules and specific civil registers. But there was no court can tell customary law. Jurisdiction with customary assessors,introduced in 1982, was installed in the facts that eight years later. To increase its share, two detached sections of theCourt of First Instance of Noumea were created Kon (Northern Province) and Lifou (Loyalty Islands Province). TheMatignon-Oudinot (1988) encourage the judiciary to go to meet the Kanak people, approaching them, both geographicaand culturally.

In Kone rodriguez the judge sits with customary assessors.

Day court hearing Kon (Northern Province). bndicteSevenet

Assessors Customary

The order of 15 October 1982 established the customaryassessors in New Caledonia in the Civil Court of First Instance

and the Court of Appeal. These customary assessors completethe Court in the context of disputes between people Kanak customary status. "Customary court" consisting of a civil court and customary assessors (still the majority in the firstinstance), slice conflicts that dot the daily clans and villages, such as custody of children in cases of separation of spousThe voice of assessors is deliberative, meaning that it is as much as the professional judge. The assessors are also presenat the court of appeal, where they have the same decision-making power that professional judges.

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These litigants are of a new type, with disputes and rules, a priori, confuse Western lawyers. The individual sections cannow deal with common law civil litigation and disputes between people of customary status. Justice of the Republic, forthe first time, accessible to people of Melanesian customary status. Thus were created the conditions for the emergence o

a "judicial custom" , Based on court decisions taken in respect of a particular sociological context. It establishes adynamic based on the contact of the magistrate with the "ground" on the dialogue with his assistants, his knowledge andhis commitment to the country itself.

Customary institutions

Customary institutions were inspired by the Western model for organizing and taking into account the expression of custom. The spatial distribution of custom eight "areas customary" or "traditional country" from the 1980s.

The Customary Senate

The Matignon Accords created a customary advisory board become "customary senate" with the Noumea Accord. TheCustomary Senate is composed of 16 members from eight customary areas of New Caledonia (two per area). Its membeare appointed by the "customary councils" (areas) according to the customs recognized by custom. Customary Senate iscompetent to express an opinion with respect to projects and proposals of law of the land relating toidentity signs of NewCaledonia (Flag, anthem, country name, currency and design of banknotes), the customary status, the system of customarland (including the definition of leases to govern the relationship between customary owners and operators), the regime


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palaver customary limits of customary areas and the method of election to the Senate customary and traditional councils

It must be consulted on any plans or proposals for deliberation interesting Kanak identity and optionally consulted for an bill or proposal of deliberation. The term of the Senate is five years. Its president is renewed every year.

The big box of Customary Senate. Eric Dell'Erba

The customary palaver

The palaver is a collective decision, comparable to a resolution of a deliberativeassembly. The minutes of palaver (called "customary act" since 2007) isestablished by the customary public officer who acts as a notary in that itguarantees the accuracy of the events and decisions that transcribed. This is theway to move from orality to writing.

Sixteen members from the eight customary areas of New Caledonia, sit on the Customary Senate. Eric Dell'Erba

Customary public officers

Customary public officials (UCI) have in 2007, replaced the old "bailiffs trustees Aboriginal Affairs officials." Since thecolonial period until recently, these functions were carried out by the police, who had the status of "trustee AboriginalAffairs."

One of the best known of the ethnographic work he comes alongside its functions is Constable Robert Citron, whose filmmade in the 1960s are held at the Cultural Center Tjibaou. Customary public officials formalize in writing the content of

the decisions taken by the clans under the palaver . They write "customary acts" allowing, inter alia, the clan leader toreach an agreement for a proposed development on customary land or transcribethe agreement of the clans ruling on thedissolution of a customary union or the distribution of land in an estate, or to formalize an agreement settling a dispute between clans.

Constable Lemon

In the mid-1950s, Robert Lemon, Lemon said Constable, is named New Caledonia. Immediately, he was fascinated by tratio of Kanak the nature and acquires a camera bolex 8mm. During the two periods of four years he performed in theterritory, he films the Kanak Island pines and Canala and customary in their daily activities. Enjoyed traditional leaders,captures the traditions that no European could not approach. He makes films of high quality enhanced by the simple andspecific comments he wrote once reached retirement. It was not until 2004, when the Cultural Center Tjibaou discovers existence of his coils Kodachrome, he becomes aware of their importance to the memory of the Kanak culture. robertLemon dies at age 88, in the Paris suburbs, a few months after the release of a documentary directed by Gilles Dagneau 2008 from its images.

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The words made, gestures and symbolic objects exchanged allow clans to include events in their relationships and in tim ADCK ADCK-CCT-CCT / David Becker

Acts Customary

The "customary acts" are the central element in the establishment of an agreement between clans, to enter into a marriagor to decide on the dissolution of a customary marriage. For the customary marriage is fully subject to the decision of thclans. As the PACS, customary marriage is decided without any government intervention, it is simply stated and recordein the customary civil status.

As customary marriages are decided outside the control of the State, their dissolution is the responsibility of only clans who register their decisions toservice the customary civil status . Customary acts also seek to determine theholders of land rights and the scope of clan land: in this sense, they are preparingthe establishment of a future customary land registry.

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The valuation of Customary Land The preamble to the Noumea Accordexpresses the idea that the "earth" is the man. The Organic Law of 19 March 1999reaffirms the rule of the "four-i" in relation to land held by clans:"The s land s customary s a t inalienable , inalienable ,indefeasible s e t . elusive " They are therefore not a right, but a capital source of personal rights and intellectual propertyrights.

The Customary land

The land area Kanak

The Kanak land area totaled 121,600 hectares in 1912,

126,700 hectares in 1945 and 164,000 hectares in 1975. Since the beginning

land reform in 1978, some 100 000 hectares were

transferred to Kanak, 60 000 hectares profit groups

special local law (GDPL).

Today, 23% of the land in New Caledonia arecustomary land, 24% of common law, and 53% are

the domain of the State.

Customary land includes oldearth s d e reserves , additions to reserves and which, whatever its original status, werereassigned under the"connection to the land" directly to clans or clans grouped GDPL. They have a status of inalienability. Only the signature of long leases (a maximum of 99 years) allows an investor to conduct operations oncustomary land to enable him to realize a return on its investment. At the end of the lease, the buildings erected on the laremains the property of the clan owning the land.

"Tjibaou


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tomorrow, a Laboratory pourdes novel concepts

The fern is one of the plants used in traditional medicine. Kanak traditional knowledge could be protected by internationlaw. IrD

Below against

a plant path leads from the entrance to the cultural center Tjiabou customary area. Here, the taro. ADCK-CCT

Beside the French people, the Kanak people! Unlike the United Kingdom, recognizing in it the "nations" Scottish andWelsh, France refuses to accept other regional entities. However, the Noumea Accord recognized the existence of a"Kanak people" next to the "French people." France claims, moreover, that it has on its soil no indigenous people. Yet ithas ratified three international commitments that reflect consideration of life beside the French people "indigenous andlocal communities":The Convention on Biological Diversity, 1992 which statesUNESCO Convention for theSafeguarding of the Intangible Cultural Heritage of 2003 , in which was committed to respect" " , which is particularlyevident in" . Convention on the Protection and Promotion of the Diversity of Cultural Expressions in 2005 , whichrecognizes in its preamble" .

Recognition of Kanak patrimoiNeCuLtureL


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The Nagoya Protocol, signed in 2011, extended and precise commitments under the Convention on Biological Diversity1992. It refers to the United Nations Declaration onthe Rights of Indigenous Peoples Recognizes the specific nature of indigenous cultures and encourages the development of legal systems specific protection. He says" " .

"Intellectual Property indigenous"

"Traditional knowledge", particularly those associated with genetic resources of interest to the scientific search for newmolecules have become an important issue. Protection through the recognition of "indigenous intellectual property"inalienable. This is to protect the collective heritage specific to a community, to fight against sophisticated forms of "biopiracy." Peru has led the way in 2002. The New Caledonia is considering a similar device with a draft law "relatively f to the a backed up e d u patrimoin e foncie r immatrie the Kanak . " objects in baskets, woven by women,

International Law

are primarily useful functions.Customary and status: South Province / Martial Dosdane

experience of BEFOrE-garde

In this international context favorable to the recognition of the rights of thecommunity 's Aboriginal s e t local over their traditional knowledge, personal status and statusknew i generis (unique status and tailored) land in New Caledonia joinedthe designs more innovative on the international scene. Various international conventions ratified by France, canrecognize that the Kanak identity remains, even today, based on a special relationship to the land and marine extended.They emphasize the interrelationship between affect

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biodiversity and damage to cultural diversity and the need to protect them by taking into account a"patrimoin e collective f biocultural " . There is currently, under French law, no status or specific rules protecting traditional knowledge and therights of indigenous communities over their knowledge. However, the New Caledonia is the only one so far to have the

legal basis conducive to the development of such a status.thinking for future generations

The recent problems in the West "rights of future generations" is a rediscovery of themes that have always been at the heof indigenous companies that ignore the man / nature, as well as the opposition between future / present generationsdistinction are characteristic of Western societies. Kanak society isa "society of passage" Which develops socialrelationships in terms of "homework" - duty to pass intact natural heritage - and not "rights." In this sense, the issues raisin New Caledonia by custom, and the solutions being developed, half-open doors to reflect the obligations of the presengenerations towards future generations and our model of civilization.


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To go Act N

BENSA A. and Leblic I., In Kanak country house of Human Sciences, 2000

Dagneau G., Le Gendarme Lemon, 42 min documentary produced by aaa production in 2008, available on DVD

De Deckker p. and L. Kuntz, The Battle of the custom and its implications for the South Pacific , L'Harmattan, Paris,1998.

Gony b.-y., Thewe men jila: Kanak currency in New Caledonia, ed. Phrases Northern Province, 2006Guiart J. Melanesian societies, misconceptions, real ideas , the rock-a-la-Voile, Noumea, 2001

HERMITTE M.-A., "The Convention on Biological Diversity and the intellectual property rights of indigenous peoples:French gap" Reviewed e juridiqu e d e environment , 2007

Lafargue r. "Generational obligations in companies" passage "," in Jean-paul Markus (ed.)

What legal responsibility to future generations? , ed. Dalloz, coll. "Items and comments," paris, 2012, p.33 50

Lafargue r.,The Custom face his destiny. Reflections on judicial practice in New Caledonia and the resilience of sub-

state legal orders LGDJ, paris, 2010 LEENHARDT M., Do Kamo. Person and myth in the Melanesian world Gallimard, 1947

LEENHARDT M., People of the Mainland (1937) Gallimard, 9th ed., 1953

Merle I., "From collective ownership to the reserve in New Caledonia or the risks of a legal arrangement,"Survey , 7,1998, p. 97-126

Naepels M.Stories Kanak land. Land disputes and social relations in the region Houalou (New Caledonia)

belin, paris 1998

E. Rau,institutions and customs Kanak (1944), 2e ed., L'Harmattan, coll. "Facsimiles Pacific", 2006

Between tradition and modernity, the role of young Kanak Customary Senate of publication of New Caledonia, Noumea,2009

Strathern M., " Land : intangibl e o r tangibl e ? property " in T. Chesters (ed.) Land Rights . The Oxford AmnestyLectures 2005, Oxford University Press, Oxford, 2009

TJIBAOU JM., Kanak Presence, Odile Jacob, Paris 1996

On the other side there .. . 's New Caledonia in 6 films , Gilles Dagneau aaa Production

Thanks:

Customary Senate , Corinne Cumenal (ADCK), Jennifer Duparc (Museum of New Caledonia), Daniel Rodriguez, MatthLamotte (aaa Production)

House of New Caledonia, 2012


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Publication Director: Joel Viratelle, director of the House of New Caledonia in paris

Editorial coordination: Pacific Horizon [email protected] Florence Klein, head of communications of the House New Caledonia in paris

Design: atalante-paris.fr Printed in France

Customary law in New Caledonia

LA Custom E yesterday, "custom native" Today "status customary KANAK" TOMORROW, a laboratory for conceptsINDITS

The author, governed Lafargue

Doctorate in law and political science graduate, is governed Lafargue magistrate. Former referendum at the Court of Cassation and former lecturer in legal anthropology lab at the University of Paris I (Pantheon-Sorbonne), he was, as amagistrate, various functions in the overseas ( New Caledonia and the meeting) and Africa.

All his work is to anchor the experience of multiculturalism. He is the author

home of the New Caledonia 4 bis rue de paris Ventadour 75001 January 42 86 70 00 www.mncparis.fr

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New Caledonia- Customary Rights