By Invented Reporter | Nouméa – 2025/08/21 10:34:46

This is a prerequisite “indispensable” said manuel Valls before Caledonian representatives during the installation of the editorial committee at Haut-Commissariat, this morning: that of postponing the elections in June 2026, as “All the signatory partners of the bougival agreement are engaged“, While they were to be held before November 30, 2025. An organic bill, tabled in this sense in the Senate, must be examined in the law committee on September 17 and in session on the 23rd, before going before the deputies in the National Assembly, which leaves “hope a promulgation in mid-October“.

A Constitutional Bill Which Creates a State of New Caledonia

The second step concerns the constitutional bill (PJLC). It’s the one that “conditions all the others“. The PJLC is indeed “unavoidable” to advance in the implementation of the Bougival agreement and “indispensable” to create the state of New Caledonia and fix its status in the Constitution. The new name of “New Caledonia State” will be inscribed everywhere in the Constitution where the territory is mentioned, in particular in Title XIII. The PJLC also determines the fields which will depend on the Special Organic Act (LOS) or the Basic Law (LF). the constitutional bill finally gives “full constitutional value at the Bougival agreement” While “preserving” that of the Noumea agreement. Manuel Valls insisted on this point this morning: “The preamble to the Noumea agreement remains in force and retains its constitutional value, just like its provisions which are not contrary to the Bougival agreement, thus guaranteeing the continuity of the founding principles linked to Kanak identity and economic and social progress“.

A Consultation in February 2026

The constitutional bill also allows the consultation on the Bougival agreement before February 28, 2026 – “And, I hope, his approval“, has slipped the overseas minister -, inscribed in article 76 of the Constitution. the Caledonians who will be able to participate are those registered on the referendum list.Note that this article will come into force after the promulgation of the constitutional bill.The other provisions will only apply to the condition that the agreement is adopted.

what is the Role of Special Organic Law?

Article 77 creates the special organic law. LOS will have to determine:

– the list of Caledonian institutions;
– the distribution of skills between institutions and the State;
– the methods according to which the skills exercised by the State may be transferred to the State of New Caledonia (resolution of the qualified majority of 36 members of the Congress, establishment of a working committee, consultation of the Caledonians, etc.);
– the conditions for exercising the competence of international relations transferred to New Caledonia, “in compliance with the international commitments of France and the fundamental interests of the nation” ;
– the conditions under which the State associates that of New Caledonia with the exercise of its sovereign skills;
– the rules of organization and functioning of institutions (an area shared with the fundamental law);
– rules relating to customary employment and civil status;
– The conditions under which the state of New Caledonia can transfer skills to the provinces.

The Basic Law for Nationality and the Citizenship Code

It is indeed article 78 which grants the possibility to the territory to acquire a fundamental law (LF), provided that it is adopted by the Congress. His domain “Reserved and exclusive” porte :

– on the identity signs of the state of the new Caledonia;
– the Charter of Caledonian values;
– the conditions of residence and integration necessary for the acquisition of Caledonian nationality (which is itself instituted by article 79);
– A code of caledonian citizenship.

This text – “which has an authority greater than that of other acts of institutions” – will have to be adopted by a qualified majority of the three fifths of the members of the Congress and may be revised in the same terms.

Certain areas shared between the special organic law and the fundamental law, such as the distribution of skills between institutions, their rules of organization and functioning, etc., will be distributed later, during the drafting of the special organic law. It is she who fixes “The main principles“, when the fundamental law is responsible for declining them.

the electoral body for the provincials will be supervised by article 80 in the Constitution due to “its greatest legal sensitivity“.