| NEW CALEDONIA Territory of New Caledonia and Dependencies Nouvelle-Calédonie (Territorial Collectivity of France) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 15 September 2012 |
The representatives of the French people, organized as a National Assembly, believing that the ignorance, neglect, or contempt of the
rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn
declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the
Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the
executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more
respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to
the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the
presence and under the auspices of the Supreme Being, the following rights of man and of the citizen:
Articles:
1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty,
property, security, and resistance to oppression.
3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not
proceed directly from the nation.
4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no
limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be
determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one
may be forced to do anything not provided for by law.
6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its
foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible
to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues
and talents.
7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one
soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested
in virtue of the law shall submit without delay, as resistance constitutes an offense.
8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it
be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.
9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not
essential to the securing of the prisoner's person shall be severely repressed by law.
10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the
public order established by law.
11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly,
speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.
12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the
good of all and not for the personal advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be
equitably distributed among all the citizens in proportion to their means.
14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to
grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of
the taxes.
15. Society has the right to require of every public agent an account of his administration.
16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined,
shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.
rights of man are the sole cause of public calamities and of the corruption of governments, have determined to set forth in a solemn
declaration the natural, unalienable, and sacred rights of man, in order that this declaration, being constantly before all the members of the
Social body, shall remind them continually of their rights and duties; in order that the acts of the legislative power, as well as those of the
executive power, may be compared at any moment with the objects and purposes of all political institutions and may thus be more
respected, and, lastly, in order that the grievances of the citizens, based hereafter upon simple and incontestable principles, shall tend to
the maintenance of the constitution and redound to the happiness of all. Therefore the National Assembly recognizes and proclaims, in the
presence and under the auspices of the Supreme Being, the following rights of man and of the citizen:
Articles:
1. Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good.
2. The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty,
property, security, and resistance to oppression.
3. The principle of all sovereignty resides essentially in the nation. No body nor individual may exercise any authority which does not
proceed directly from the nation.
4. Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no
limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be
determined by law.
5. Law can only prohibit such actions as are hurtful to society. Nothing may be prevented which is not forbidden by law, and no one
may be forced to do anything not provided for by law.
6. Law is the expression of the general will. Every citizen has a right to participate personally, or through his representative, in its
foundation. It must be the same for all, whether it protects or punishes. All citizens, being equal in the eyes of the law, are equally eligible
to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues
and talents.
7. No person shall be accused, arrested, or imprisoned except in the cases and according to the forms prescribed by law. Any one
soliciting, transmitting, executing, or causing to be executed, any arbitrary order, shall be punished. But any citizen summoned or arrested
in virtue of the law shall submit without delay, as resistance constitutes an offense.
8. The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it
be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.
9. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not
essential to the securing of the prisoner's person shall be severely repressed by law.
10. No one shall be disquieted on account of his opinions, including his religious views, provided their manifestation does not disturb the
public order established by law.
11. The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly,
speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.
12. The security of the rights of man and of the citizen requires public military forces. These forces are, therefore, established for the
good of all and not for the personal advantage of those to whom they shall be intrusted.
13. A common contribution is essential for the maintenance of the public forces and for the cost of administration. This should be
equitably distributed among all the citizens in proportion to their means.
14. All the citizens have a right to decide, either personally or by their representatives, as to the necessity of the public contribution; to
grant this freely; to know to what uses it is put; and to fix the proportion, the mode of assessment and of collection and the duration of
the taxes.
15. Society has the right to require of every public agent an account of his administration.
16. A society in which the observance of the law is not assured, nor the separation of powers defined, has no constitution at all.
17. Since property is an inviolable and sacred right, no one shall be deprived thereof except where public necessity, legally determined,
shall clearly demand it, and then only on condition that the owner shall have been previously and equitably indemnified.
New Caledonia was made a French possession in 1853. It served as a penal colony for four
decades after 1864. Agitation for independence during the 1980s and early 1990s ended in
the 1998 Noumea Accord, which over a period of 15 to 20 years will transfer an increasing
amount of governing responsibility from France to New Caledonia. The agreement also
commits France to conduct as many as three referenda between 2013 and 2018, to decide
whether New Caledonia should assume full sovereignty and independence. New Caledonia
is an overseas territory of France and thus does not have its own constitution. The current
Constitution of France was adopted on October 4, 1958, and has been amended 17 times,
most recently on March 28, 2003. Under these amendments to the French Constitution,
made specifically to decentralise power in France, New Caledonia is allowed - like any other
part of France - some greater measures of local self-regulation. However, the constitutional
amendments also very strongly anchored all the French overseas possessions to the
French Republic by including the names of all ten overseas entities in the French
Constitution. This means that no possession is able to leave the French Republic without a
prior revision of the French Constitution. The 2003 amendments defined all New Caledonia
as sui generis or, "of its own kind", unlike the other possessions which are classified as
"overseas entities of France". It is typically called the Constitution of the Fifth Republic, and
replaced that of the Fourth Republic dating from October 27, 1946. Charles de Gaulle was its
main instigator; the constitution was drafted by Michel Debré. The preamble of the
constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and
establishes France as a secular and democratic republic, deriving its sovereignty from the
people. The full text of the Declaration of the Rights of Man are detailed below. For a full
English translation of France's constitution, click here.
decades after 1864. Agitation for independence during the 1980s and early 1990s ended in
the 1998 Noumea Accord, which over a period of 15 to 20 years will transfer an increasing
amount of governing responsibility from France to New Caledonia. The agreement also
commits France to conduct as many as three referenda between 2013 and 2018, to decide
whether New Caledonia should assume full sovereignty and independence. New Caledonia
is an overseas territory of France and thus does not have its own constitution. The current
Constitution of France was adopted on October 4, 1958, and has been amended 17 times,
most recently on March 28, 2003. Under these amendments to the French Constitution,
made specifically to decentralise power in France, New Caledonia is allowed - like any other
part of France - some greater measures of local self-regulation. However, the constitutional
amendments also very strongly anchored all the French overseas possessions to the
French Republic by including the names of all ten overseas entities in the French
Constitution. This means that no possession is able to leave the French Republic without a
prior revision of the French Constitution. The 2003 amendments defined all New Caledonia
as sui generis or, "of its own kind", unlike the other possessions which are classified as
"overseas entities of France". It is typically called the Constitution of the Fifth Republic, and
replaced that of the Fourth Republic dating from October 27, 1946. Charles de Gaulle was its
main instigator; the constitution was drafted by Michel Debré. The preamble of the
constitution recalls the Declaration of the Rights of Man and of the Citizen from 1789 and
establishes France as a secular and democratic republic, deriving its sovereignty from the
people. The full text of the Declaration of the Rights of Man are detailed below. For a full
English translation of France's constitution, click here.
| Approved by the National Assembly of France, August 26, 1789 |