Bouix, Caroline (2023) Personal statuses in New Caledonia, towards egalitarian pluralism? In: Exploring this sea of islands, The 5th Pacific Islands Universities Research Network Conference, 4-6 juillet 2023, Rarotonga, Cook Islands.

Abstract

At a time when the institutional future of Nouvelle-Calédonie is once again under discussion, it is essential to examine one of its distinctive features: the coexistence of multiple personal statuses. Different ethnic groups live side by side under diverse personal statuses, each triggering the application of legal rules from distinct legal systems.
Two statuses are formally recognized by the fundamental legal texts: the “common law” civil status and the Kanak customary civil status. Alongside these, other statuses exist whose legal value remains unclear. On the one hand, many residents hold the specific civil status of Wallis and Futuna, which is recognized there but not in New Caledonia. On the other hand, a new, implicit status is emerging: a “New Caledonian civil status,” stemming from a body of local civil law that has developed independently from mainland France since the transfer of civil law competence on July 1, 2013.
Analyzing how these statuses interact provides valuable insight into the hierarchy between legal orders. The current system remains marked by the predominance of the common law status. However, from a legal pluralism perspective, this mode of articulation now appears outdated. Rethinking the relationships between personal statuses could foster greater equality and help realize more fully the “common destiny” envisioned by the Nouméa Accord.