The French Senate has endorsed a Constitutional review project bearing significant modifications to the local electoral rules for New Caledonia, but with amendments.

The text passed on Tuesday with 233 votes in favour and 99 against.

It aims at modifying the conditions for French citizens to access a special list of voters for the elections in New Caledonia’s three provinces and the Congress.

• READ MORE: French Parliament debates polarise tensions in New Caledonia

Since 2007 the electoral roll for those local elections was “frozen”, allowing only people residing in New Caledonia before 1998.

However, the French government and its Home Affairs and Overseas Minister Gérald Darmanin introduced earlier this year a new text for a “sliding” electoral roll allowing citizens who had been residing in New Caledonia for an uninterrupted 10 years to be on the local roll.

The move has been strongly contested by pro-independence parties in New Caledonia, who fear the new rules (which would grant the local vote to up to 25,000 extra voters) will threaten the French Pacific terrotory’s political balance.

During heated debates last week and Tuesday for the vote, Senators sometimes traded robust words, with the left-wing parties (including Socialists and Communists) rallying in support of New Caledonia’s pro-independence parties and accusing Darmanin of “forcing the text through”.

New Caledonia’s pro-independence umbrella, the FLNKS, last week officially demanded that the French government withdraw its Constitutional amendment and that instead a high-level mediatory mission be sent to New Caledonia.

Parallel to the Parliamentary moves, New Caledonia’s politicians, both pro and against independence, have been asked to meet for comprehensive talks in order to draw up a new agreement that would replace the now-defunct Nouméa Accord, signed in 1998.

Nouméa Accord
One of the Accord’s prescriptions was that three consecutive referendums on New Caledonia’s self-determination be held.

All three ballots took place in 2018 and 2021 and three times independence was defeated, albeit in narrow votes in the first two referendums.

However, even though the FLNKS contested the result of the third referendum (boycotted by the independence parties because of the covid pandemic), French President Emmanuel Macron said in July 2023 that he now considered New Caledonia wanted to remain French.

The next step in the Nouméa Accord was for political stakeholders to engage in “inclusive” talks to examine the “situation thus generated”.

The French government’s current moves are said to be a pragmatic response to those sometimes elusive guidelines.

The provincial elections, which were originally scheduled to take place in May, have now been postponed to December 15 “at the latest”.

But in the Constitutional review project, even though the sole subject is the change in access to local elections roll of voters, there are also references to the date of those elections.

This includes that even if a local, bipartisan, inclusive agreement was found and duly recognised between now and December 15, the Constitutional amendment would become irrelevant. Priority would be given to a local New Caledonian agreement to serve as the base for a new Constitutional amendment.

‘Give more time’
During debates since last week, the Senate’s Law Committee managed to introduce new amendments, sometimes rectifying the initial government text.

For instance, if the awaited accord to succeed the Nouméa pact came through, there would be a call for a new election date.

Originally, this would have been achieved by way of a government decree which, the government said, would be the fastest way.

Now the Senate has changed that to a Parliamentary process (also including New Caledonia’s Congress) which could take much more time to set in place.

The general idea, the Senate’s Law Committee said, was to “give more time” for the expected political agreement to happen “without applying excessive stress” to the whole process.

There was consensus on the need to “unfreeze” the local electoral roll (the measure was initially temporary and transitional under the Nouméa Accord) because it denied some 12,000 citizens (even if some of those, indigenous Kanaks or non-Kanaks, were born in New Caledonia) the right to vote.

It was feared that if those elections were held under the “frozen” rule, they would probably be declared invalid and unconstitutional.

Critics of the amendment, including New Caledonia’s first pro-independence Senator Robert Xowie, also said that the manner in which it was “forced” — more than its substance — was a major flaw and that the French State should keep an “impartial” posture, consistent with the spirit of the Nouméa Accord.

‘Don’t inflame’ call
“The point of no return has not been reached yet. We can still avoid lighting that spark which could inflame the whole situation”, Xowie told the Senate.

He also called on the French Prime Minister’s office, once directly in charge of New Caledonia’s matters, to return to steer these issues.

The 10-year uninterrupted residency condition was described by the government as “a reasonable compromise”, Darmanin’s delegate Minister for Overseas Marie Guévenoux told the Senate.

While apologising for Darmanin’s absence, she said the new self-imposed calendar challenges due to the change of implementation process would be hard to meet.

She said there were provisions in the initial draft that would have allowed the government to react more quickly by way of decree in suspending the provincial elections — and even postponing them as far as “November 2025”.

Waiting for a local, inclusive political agreement
After the Senate’s endorsement of the modified amendment, the text is, however, far from the end of its legislative journey: it is now due for debate before the National Assembly on May 13.

If it passes again, its legislative journey is not finished yet as it has to be endorsed sometime in June 2024 by the French Congress, which is a gathering of both the Senate and National Assembly by a required three-fifths majority.

Tensions high back in Nouméa
During debates on Tuesday, Senators often alluded to the recent radicalisation from both the pro-independence and pro-French parties.

Last week, the two antagonist groups held two opposing demonstrations and marches at the same time, both in downtown Nouméa, only a few hundred meters away from each other.

Thousands, on each side, have held banners and flags opposing the electoral changes on one side and supporting them on the other side.

There was also a clear escalation in the tone of speeches held, notably by the French  “loyalists”.

Part of their protest last Thursday was also to denounce a series of government-imposed taxes, including one on fuel (which has since been withdrawn after a series of blockades) and the other on electricity (to avoid bankruptcy for local power company Enercal)

Last month, “loyalists” members walked out of New Caledonia’s “collegial” government, saying they regarded their pro-independence party colleagues as “illegitimate”.

On the local scene, over the past few months, New Caledonia has been facing the very real effects of an economic crisis for its crucial nickel industry.

One of the three nickel mining plants has been temporarily shut down and the other two are facing a similarly bleak future, putting at risk thousands of jobs.

Paris has put on the table a rescue plan worth over 200 million euros to bail out New Caledonia’s nickel industry, provided it engages in stringent reforms to lower its production costs, but the signing, initially scheduled to take place by the end of March, has still not happened.

Later this week, New Caledonia’s congress is due to meet specifically on the matter to authorise President Louis Mapou to do so.

One strong opponent to the amendment’s vote this week, Mélanie Vogel (Greens and Solidarity caucus) warned the House she believed if the amendment was forced through “we are getting ready to break the conditions that made a return to civil peace possible”.

She and others from all sides of the House also supported the idea of some kind of a delegation to foster the conclusion of talks for the much-expected successor agreement to the Nouméa Accord.

During the first half of the 1980s, New Caledonia was the scene of a civil war between pro and anti-independence sides which only ended after the signing of the Matignon-Oudinot Accords in 1988.

The Nouméa Accord followed in 1998.

“We’re all waiting for this inclusive agreement to arrive, but for the time being, it’s not there. So this (constitutional amendment), for now, is the least bad solution,” Senator Philippe Bonnecarrère (Centrist Union) told the House.

“So this (constitutional amendment), for now, is the least bad solution.”

This article is republished under a community partnership agreement with RNZ.

A prominent pro-France leader in New Caledonia, Sonia Backès, has resigned from the French government after a resounding defeat at France’s Senatorial elections four days ago.

In July 2022, Backès, a member of French President Macron’s Renaissance party, had been appointed Assistant Minister for Citizenship in French Prime Minister Elisabeth Borne’s government.

She is also President of New Caledonia’s affluent Southern Province and a leading figure within New Caledonia’s pro-France camp.

• READ MORE: FLNKS mayor wins run-off poll to take unprecedented French Senate seat
• Other New Caledonia politics reports

At the Senatorial poll on Sunday, she was vying for one of the two seats reserved for New Caledonia, but lost to Robert Xowie, a pro-independence indigenous Kanak leader from the FLNKS (Kanak and Socialist National Liberation Front) who is also the Mayor of Lifou in New Caledonia’s Loyalty Islands group.

Xowie is the first ever pro-independence leader to be elected to the French Senate.

Backès’ setback had since fuelled speculation that she would have to resign.

Since her appointment to a ministerial position, New Caledonia’s pro-independence movement had raised eyebrows on a possible conflict of interest and the necessary impartiality of the French government in view of future talks about the French Pacific entity’s political future.

On Wednesday in Paris, she is reported to have tendered her resignation to the French President, who is understood to have accepted it, according to French media reports.

Double blow to pro-French camp
The French Senate elections last weekend were a double blow for the pro-French camp in New Caledonia: for the other contested seat, another pro-French candidate, Georges Naturel, Mayor of the small town of Dumbéa near Noumea took the seat in spite of his candidacy was not endorsed by his own political party, Les Républicains (LR).

Incumbent Pierre Frogier, 72, a veteran politician in New Caledonia, who was bidding for another mandate, also lost.

He has since publicly announced this defeat marked “the end of (his) public life” which spanned half a century.

Frogier is one of the few remaining politicians in New Caledonia who had signed both the Matignon-Oudinot Accord in 1988 (marking the end of half a decade of a bloody civil war) and the Nouméa Accord 10 years later in 1998, setting the roadmap for a gradual process of enlarged autonomy and a transfer of powers from France to New Caledonia.

But 25 years after its signing, the Nouméa Accord is coming to an end and the three referendums it prescribed have been held over the past 5 years.

Holding those three referendums was a key provision of the Nouméa Accord and the majority of voters responded “no” to the question “Do you want New Caledonia to access full sovereignty and become independent?”

Since then, Paris regards this outcome as an unequivocal indication that New Caledonia wants to remain French.

The first two referendum results were no (56.67 percent, November 4, 2018) and no (53.26 percent, October 4, 2020).

However, the FLNKS is contesting the validity of the third referendum’s results (96.50 percent for no, December 12, 2021). However, less than half, 43.87 percent, of the registered voters turned out for this referendum due to the Kanak boycott of the poll after the covid pandemic ravaged the community.

‘A response to neo-colonial attitude’
Sunday, September 24 was not only Senatorial election day in France.

In New Caledonia, ironically, it was the “Citizenship Festival”, a new way to mark this year — the 170th anniversary of what used to be called the “Day of Taking Possession”, a direct reference to the first French landing, September 24, 1853, when French Commodore Febvrier-Despointes “took possession” of the islands on behalf of Napoleon III and planted the French tricolour flag in the small coastal village of Balade.

The electoral setback is also perceived as a strong message sent from the pro-independence camp to Paris, as parties have last month resumed talks on New Caledonia’s political future.

“[The victory] is a response to President Macron’s neo-colonial attitude which persists in ignoring that our country is engaged in an irreversible decolonisation process,” the FLNKS wrote in a media release earlier this week.

“It is also a stinging response to [France’s] unacceptable ‘martyr’ document,” the release adds in a direct reference to a draft document outlining suggestions for future changes to New Caledonia’s institutions, citizenship and self-determination modus operandi.

For instance, under the French suggestions, there would no longer be a deadline for any future referendum for New Caledonia, no more “yes” or “no” options, but the matter would be considered if a “project” was submitted to approval after bipartisan talks.

Other suggestions relate to the notion of a New Caledonian citizenship, which would co-exist with a French citizenship and would be detailed in a scheduled Constitutional amendment that President Macron would like to have voted by the French Congress (a gathering of both Houses of the French Parliament, the National Assembly and the Senate) sometime early 2024.

The document has been dubbed “martyr” by France’s Home Affairs and Overseas minister Gérald Darmanin during talks early September in Paris because it was destined to be discussed and largely debated by all sides of New Caledonia’s political spectrum.

Another round of talks is scheduled to take place in October in Nouméa with Darmanin.

Backès’ rebuff and subsequent resignation are said not to have any impact on the October schedule.

Fractured political landscape
But the new situation leaves a largely fractured political landscape in New Caledonia.

On the pro-independence side last week, one of the main and largest components of FLNKS, the Union Calédonienne (UC), back-tracked on its earlier commitment to attend the Nouméa talks.

Its spokesperson, Gilbert Tyuienon, said the “martyr” draft was “unacceptable” and “not serious” because it cast doubt on New Caledonia’s self-determination process.

Other components of the pro-independence umbrella, the PALIKA (Parti de Libération Kanak) and the UPM (Union Progressiste Mélanésienne), however, said they remained committed to further talks with Darmanin.

On the pro-France side, Backès’ senatorial setback and subsequent resignation also leaves a deeply divided terrain, some of its leaders admitting their recent skirmishes had largely contributed to the defeat and deprived them of a voice within the French Senate and more generally on the French National political scene.

It has since transpired that both Xowie and Naturel’s victory resulted from a secret exchange of votes agreement struck between the two, on a bipartisan basis.

This triggered furious reactions from the pro-France side, which have since labelled Naturel as a “traitor”.

This article is republished under a community partnership agreement with RNZ.

In a major electoral upset, Kanak independence politician Robert Xowie has won one of Kanaky New Caledonia’s two seats in the French Senate in Paris.

His second-round electoral victory over Loyalist leader Sonia Backès came on September 24, the 170th anniversary of France’s annexation of its Pacific dependency.

Xowie is the Mayor of Lifou and a former provincial president in the outlying Loyalty Islands.

• READ MORE: Other New Caledonia politics reports

He will take his seat in Paris alongside Georges Naturel, the Mayor of Dumbea and a dissident member of Rassemblement-Les Républicains, who ran against the endorsed candidate of the conservative anti-independence party.

The two new senators will replace the incumbents Pierre Frogier, the Senator from Rassemblement-Les Républicains first elected in 2011, and Gérard Poadja of the Calédonie Ensemble party, who won his seat at the last poll in 2017.

Unlike the popular vote for deputies in the French National Assembly, Senators are elected by 578 New Caledonian MPs, provincial assembly members and local government delegates.

The unexpected victory of two new senators is a major success for the Front de Libération Nationale Kanak et Socialiste (FLNKS), with the independence movement gaining a seat in the French Senate for the first time, while dealing a stinging blow to the Loyalist bloc.

Naturel elected in first round
In the first round of voting on Sunday, Naturel won his seat with a majority of 351 votes against Robert Xowie (259), Sonia Backès (225), Pierre Frogier (180), Gérard Poadja (48), Macate Wenehoua (6) and Manuel Millar (2).

In the second-round run-off, incumbents Frogier and Poadja and Manuel Millar withdrew their candidacies. Xowie faced off against Loyalist leader Sonia Backès, who already serves as President of New Caledonia’s Southern Province and as a minister for citizenship in the Borne government in Paris.

Given the FLNKS could only count on about 250 of the 578 possible voters, Xowie’s second-round score of 307 suggests that many anti-independence politicians and mayors backed him over Backès, who only won 246 votes in the run-off (the third candidate Wenehoua gained just 2 votes).

Local news media had suggested Backès would use her profile to win the seat, then hand it to her alternate Gil Brial while keeping her ministerial post — an arrogance that raises questions about her political judgement.

The election result is a major blow to Backès, who stood as a representative of French President Emmanuel Macron’s Renaissance party and was publicly endorsed by France’s Overseas Minister Gérald Darmanin.

His support for Backès angered the FLNKS, who condemned the minister’s statement as a breach of the supposed impartiality that the French State often proclaims. This outcome reflects poorly on the Overseas Minister, who is due to travel again to Noumea in late October, hoping to advance negotiations over a new draft political statute for New Caledonia.

As a member of the independence party Union Calédonienne, Xowie will now be supported by his alternate Valentine Eurisouke of the Party of Kanak Liberation (Palika).

Crucial time in Paris
He takes up the Senate post alongside Georges Naturel at a crucial time in Paris, as President Macron plans revisions of the French Constitution in early 2024, to change the electoral rolls in New Caledonia before scheduled Congressional and Assembly elections next May.

As supporters and opponents of independence debate new structures to replace New Caledonia’s 1998 Noumea Accord, Xowie stressed the importance of his new post in Paris:

“It is important that when we are going to talk about constitutional revision, the debate takes place involving us. We have a chance to be able to present the views of the FLNKS directly in the plenary sessions.”

Nic Maclellan is a correspondent for the Suva-based Islands Business news magazine. Republished with the author’s permission.