27 Apr 2020

New Caledonia rally for deferral of French flight

3:41 pm on 27 April 2020

There has been a rally near New Caledonia's international airport calling for the rotation of mainly French military personnel to be delayed until 11 May.

Customary leaders in Paita want France to defer flight until May

Customary leaders in Paita want France to defer flight until May Photo: supplied

Several dozen Kanak people from the Paita area met in La Tontouta on the first weekend since most restrictions over the Covid-19 outbreak were lifted.

A statement by the customary leaders said the airport was on their customary zone and they were responsible for the health in the face of the virus.

Last week, the Customary Senate and then five of the 11 government ministers issued separate statements asking France to defer the arrival of 180 personnel until the end of the French lockdown on 11 May.

They said the flight was scheduled for 26 April but the French High Commission in New Caledonia said the date was a rumour and that the flight was not confirmed.

The High Commission is yet to say when the flight will arrive after the rotation had reportedly already been delayed last month.

The Kanak leaders from Paita asked to be involved in the management of the flight and to be given a list of the passengers.

Air traffic is restricted to government-sponsored repatriation flights of stranded residents who have to be isolated for three weeks after arrival.

New Caledonia Congress

Photo: RNZ Pacific/ Walter Zweifel

Legal upheaval

A law professor Matthias Chauchat says a planned health ordinance to deal with the health emergency can upend existing law and even the rule of law.

Under the Noumea Accord, which has been enshrined in the French constitution, the transfer of power from Paris to New Caledonia is irreversible.

Most powers have been given to New Caledonia, with key sectors, including policing and defence, still under French control but whose continuation will be tested in a referendum on full independence due in September.

New Caledonia is now in charge of health care, including sanitary border control, while France is the guarantee of public safety and liberty and is in charge of sea and air links with the rest of France.

The French health emergency declaration issued in March was made to apply also to New Caledonia.

The Congress in New Caledonia is in the process of adapting the French decree, which Professor Chauchat said could return powers to the French High Commissioner and make the New Caledonian government a consultative body.

He said the concept of irreversibility, as it was put into the French constitution, was a key plank in France's relationship with New Caledonia.

He said no law or ordinance could affect the constitution, irrespective of any state of emergency.