Development of Tribes’ Commons in New Caledonia. Negotiation Over Kanak Land for Urbanization

Abstract

New Caledonian customary land is an exception within the French land tenure system. Its legal framework warrants a specific collective management of land resources. Since the disruption sustained during colonization (expropriation, population displacement, etc.), contemporary Kanak struggles have focused on land issues. In 1978, what later became a large-scale land reform began, mainly in favour of the Kanak community; in 1998, the Noumea Agreement acknowledged that the Kanak identity was structured by a specific link to land. Three types of land were subsequently defined: private land, public land, and customary land. However, the land breakdown reproduces the social inequalities already existing between communities. Furthermore, the development of customary lands is hampered by the inadequacy of the ordinary tools of urban planning. Consequently, since the 2000s, public, private, and customary stakeholders have innovated, setting up mechanisms and tools for the development of Kanak lands that respect their legal status and governance system. A first practice centred on addressing the critical dwelling needs of Kanak communities. With a second practice, Kanak communities provided to other users’ temporary provision of land with a fixed-term agreement, without transferring full ownership to users or authorization to implement development projects within their influence zone. As compensation, they benefited from funding and support for the residential development of their retroceded land. A third practice focused on economic and commercial development beyond the typical agricultural and livestock sectors. These current development practices are creating bridges between ordinary law and customary practices. Kanak communities seek innovative mechanisms to guarantee the representation of customary bodies and to steer development. Legal and judicial tools specific to New Caledonia are also being created. However, some difficulties are arising. These new kinds of operations have emerged in very specific land pressure contexts. Thus, the sustainability of the land agreements is uncertain, in terms of transmission through generations, as well as for the use of amenities after land retrocessions. Today, the main challenges in New Caledonia are to build a land policy encompassing the different land status and to balance between communities’ aspirations for autonomy and public authorities’ roles in assuring social and spatial balance and the public interest. The analysis of New Caledonian customary lands developments can feed the discussion on urban land commons (Simonneau, 2018). Although modern market mechanisms are usually not part of a traditional system, here, community (Kanak tribe or clan) management of the common resource (land) persists, serving its interests (in this case, housing or financial resources).* Furthermore, these innovations are helping redefine notions of land security, urban inclusion, and participatory democracy. However, although the process is meant to be inclusive, some risks have appeared relative to agreement transmission and sustainability. *This case study shows a remarkable search of balance between customary management and economic development, a conciliation between a legal and cultural framework. It traces over the long term the history of power struggles and conciliations building the “common”.

Keywords

• urban land-based common
• customary land
• land reform
• dualistic system of land law
• kanak community
• new caledonia