The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 18 June 1946Vol. XVI, No. 11

French Colonial Bill Of Rights

pp. 48-49 · Read in the full issue

Should Mean More Self-government in Pacific Possessions

rE French Declaration of the Rights of Man, which prefaces the still un settled proposed new constitution, is considerably longer than its original of 1789, which it is designed to “reaffirm, complete and broaden.” It consists of no less than 135 Articles, to which is attached a summary of so-called Social and Political Gains.

At a first glance one would say that Article 38 (amended) will rule out the use of indentured labour of the coolie class in New Caledonia and the New Hebrides—labour on which the great Caledonia nickel industry, as well as local agriculture, has relied since the turn of the century. This labour replaced free convict labour when that came to an end.

The acquisition of convict labour had been the work of the financial wizard Higginson, in co-operation with the Rothschilds. Higginson went to Cale donia a pauper, after being an Australian jockey, to found the nickel industry. He came originally from Hitchin, in Eng land, and was the man who built up France’s predominance in the Hebrides.

The nickel company bosses in Paris found coolie labour from Indo-China and Indonesia an admirable substitute for convict labour; but now Article 38 lays it down that “the exercise of the rights and liberties accorded to all inhabitants of the French Union implies the con demnation of any forced labour deroga

tory to the legal conditions of labour in the home territory”—that is to say, in France.

Caledonians are wondering if the nickel industry will be able to carry on by replacing coolie labour with machinery. It is a major problem.

Locally it is hoped that a way will be found to build up a real European popu lation in this sound, • malaria-free colony.

OP interest to French Oceania and Wallis and Futuna, as well as Cale donia, are the constitutional pro visions for the French Union, which embraces overseas territories of France, These territories now elect their deputies to the National Assembly—one each for Tahiti and New Caledonia.

All French nationals and inhabitants of the home territory and overseas ter ritories will enjoy the same citizens’ rights. Natives whose personal status is recognised by law retain this status so long as they have not themselves re nounced it. (This will allow Polynesian and Melanesian islanders who prefer “native” to “citizen” status to retain such status.) A Council of the French Union is to be formed, but only as an advisory body.

It will sit at the same time as the National Assembly, Local government is provided for in Article 119, which says: “The specific interests of these overseas territories are administered and managed by local as semblies, elected by direct and universal suffrage, whose electoral procedure and composition and competency are deter mined, by special laws ensuring freedom of voting. Those of the territories that form a group, or federation, elect an assembly whose composition and com petence are fixed by special laws.”

This article will be considered of prime importance in Papeete and Noumea once it is made clear that the intention is to limit the powers of the Governor. Pre viously it was possible for Governors to act as dictators, with local councils act ing almost entirely as advisory bodies.

For 80 or 90 years New Caledonia has been agitating for self-government, with extremely little result except promises so far.

ARTICLE 120 states that the Minister in charge of all French overseas questions (who apparently will re place the former Minister for Colonies) will have the assistance, for each fede ration or group of territories, of a Resident Under-secretary of State, who will concern himself with the constitu tion and the implementation of laws.

As besides co-ordinating the publi9 ser vices of the French Union and controlling the functions of local administration, he will be responsible for maintaining order and the defence of the group, it will be seen that this appointment will be a matter of first-rate interest to the group or territory concerned. It is on him that the Minister is likely to rely; through such men France will pro bably do all she can to retain as highly centralised a system of administration from Paris as possible. But the words “controlling the functioning of local ad ministrations” may not prove altogether to the liking of colonies who wish to be granted a greater control over their own destinies.

Pre-war and during the war, the

French Pacific colonies have been ruled largely by decree. The new Bill of Rights, however, clearly condemns “the practice of promulgation of laws by decree which is the negation of democracy.”

Assurance of a greater degree of colonial freedom than hitherto is con tained in the summary whihc says that the constitution will give “to every in habitant of the French Union the enjoy ment of human rights and liberties, the enjoyment of the rights of citizens, and it gives to all the overseas peoples the right of self-development and improve ment and the right to live in a free and fraternal union.”