As a result of a partnership with the National Congress of the aboriginal people of Kanaky/New Caledonia, researchers and partners of the project The State and Indigenous Legal Cultures have been following the developments of the work of the Kanak people regarding indigenous law and legal pluralism. New Caledonia's Customary Senate recently proclaimed a Charter of the Kanak people therefore highlighting the importance of their work.

Adopted on April 12th, 2014 by the chiefs of the eight customary regions and proclaimed on April 26th, 2014 during a ceremony in Nouméa, the Kanak Charter reiterates the foundations of the Kanak people’s culture and provides a “superior legal framework, embracing an historic reality and guaranteeing unity and the expression of their inherent sovereignty”. Although New Caledonia has been colonised for 161 years, the Kanak people have preserved their values and founding principles. In this 30-page charter, eighteen founding principles are affirmed. Amongst them are human life, connection to the land, the role of the spoken word, the importance of the Kanak name, the symbolic and legal importance of the igname, customary forgiveness, and the systematic search for consensus. According to François Féral, law professor at the University of Perpignan and co-researcher of the project The State and Indigenous Legal Cultures, “this is truly a novel approach for an indigenous people”. He also added that this charter has legal value because it is internationally recognized by the United Nations Declaration on the Rights of Indigenous Peoples. Colonised by the French Republic since 1853, New Caledonia is currently following a path of decolonisation. From a political perspective, the proclamation of this charter ties in with the provincial elections that took place last May, therefore ending the last mandate of the Nouméa Accord of 1998, which provides that a referendum on self-determination must be organised before 2018.

Professor Féral adds that even though this charter has not been adopted by the State, it demonstrates the need for collaboration and legal cooperation with the State. Raphael Mapo, a Kanak leader, doctoral candidate and collaborator of the project The State and Indigenous Legal Cultures, says “there is no intention to undermine western institutions but there is a wish that Kanak customs be taken into account in public policy”.

In taking this line of action, the Kanak people are going forward with their legal emancipation. The Senate president, Paul Vakie, says that the Charter represents the Kanaks' articulation of their basic legal system and the need for its full recognition which will not happen in his opinion, until there is what he calls a balanced legal pluralism.

Download the Kanak Charter here:

 Charte-Kanak-2014.pdf

(source: Kanak Customary Senate)

 

Edith Cloutier, president of the Regroupement des Centres d’amitié autochtones du Québec (RCAAQ), director of the Centre d’amitié autochtone of Val-d’Or and member of the advisory committee of the project The State and Indigenous Legal Cultures, was awarded with the Order of Canada,Canada's highest civilian honour.

Edith was appointed during an official ceremony presided by The Honourable David Johnston, Governor General of Canada on May 7th, 2014. This recognition is the continuation of a journey filled with achievements. In particular, Edith received the Ordre national du Québec in 2006 and the National Aboriginal Achievement Award Public services category in 2010.

Edith believes that her achievements are the result of a collective effort. “I don’t consider that I deserve this honour more than anyone else because I meet people on a daily basis who shine and contribute to the reconciliation of Aboriginal peoples and I want to share this honour with them” said Edith. Dynamic and resourceful, Edith’s approach is based on the search for practical solutions in order to reach out to members of her community.

Member of the Anishnabe First Nation, Edith is celebrating her 25th anniversary as the director of the Centre d’amitié autochtone of Val d’Or. However, she considers that her role in this movement goes beyond simple management. Her objective is to improve the quality of life of Aboriginal people. In her efforts to do so, she believes that being on the advisory committee of the project The State and Indigenous Legal Cultures will contribute to her objectives. “I joined the advisory committee of this project because we opened a door to a voice that is not normally present in this kind of research infrastructure. Although I am not a researcher, I am confidant that I can be useful and that I can bring a direct perspective, both provincially and on the field” highlighted Edith with pride.

We congratulate Edith and hope that she will continue to devote herself to the cause of Aboriginal people.

 

 

This week marks the launch of our new website called Legitimus. This new site was created in order to facilitate communication between the working groups and the public. Through this website, users will be able to consult the research projects by team and will have access to the results of these projects as they become available. “I am proud of our website  Legitimus. Through this website, we will be able to keep a permanent contact with our different partners and the general public. People will finally be able to follow the progress, activities and accomplishments of the research teams working in Canada, Africa and the Pacific” said Mr. Ghislain Otis, project leader and Chairholder of the Canada Research Chair on Legal Diversity and Indigenous People.