People in New Caledonia can now protest again – nearly a year after violent riots – following a French court decision to suspend bans that had remained in place in parts of the archipelago.
The administrative court of New Caledonia on Thursday ruled against a decree that still banned public gatherings in several municipalities.
The bans were introduced on 15 May 2024, when a state of emergency was declared in response to unrest over proposed voting reforms.
Although the state of emergency ended on 28 May last year, restrictions in some towns continued. These included a night-time curfew and limits on gatherings, transport, and the sale of alcohol and weapons.
The League of Human Rights (LDH) challenged the decree earlier this week. The case targeted a ban covering the capital Nouméa, as well as Dumbéa, Paita and Mont-Dore, which was due to remain in place until 30 April.
The court said the ban should be lifted while it considers whether to cancel it entirely.
“It has now been 11 months that the residents, associations, and unions of New Caledonia have been prevented from exercising an essential right – the right to protest – for reasons that are no longer justified by the local situation,” Marion Ogier, a lawyer with LDH, told the AFP news agency.
“The decision is reassuring because it reminds us of one essential thing: New Caledonia is not a territory outside the rule of law.”
Ogier said the move was necessary “because respect for freedoms and democratic principles is a prerequisite for restoring trust in a calm and constructive dialogue”.
The High Commissioner’s office declined to comment but said it would not appeal the verdict.
The local branch of LDH, however, did not agree with challenging the decree so soon.
“We consider there is no reason to hurry given there are still pockets in the agglomeration where every evening stones are thrown at police vehicles or sometimes more serious events are taking place,” Gérard Sarda, head of LDH New Caledonia, told local public media.
Violence erupted in May last year after the National Assembly approved a constitutional reform that would increase the number of people eligible to participate in provincial elections.
Pro-independence leaders, including many indigenous Kanaks, feared it would dilute the Kanak vote and bury hopes for winning full independence from France.
The reform was suspended in the wake of snap legislative polls last summer and axed by France’s former Barnier government last October.
The unrest wreaked havoc on the archipelago. At least 13 people died in the violence and the destruction, looting and fires caused over €2 billion in damage, according to local government figures.
Almost one worker in five has been left totally or partially unemployed.