With the Bougival agreement, is the fear of a “loss” of New Caledonia founded?

Outremer – “A state within the French State” And here is part of the. Similarly, political class in all directions. The signing of the Bougival agreement between the Caledonian representatives. However, the French state was welcomed with a certain relief, more than a year after the deadly riots of spring 2024 and the blocking months which then followed. However, Except for a fringe of the political class: the extreme right.

In a press release, Marine Le Pen qualified the agreement “Deeply ambiguous”. Therefore, And among the bougival agreement, fear “loss” new reluctance expressed. However, one touches a subject dear to the extreme right: the loss of part of French sovereignty and power, which would be amputated by one of its territories. Nevertheless, “The creation of a” Caledonian State “and a” Caledonian nationality “within the French Republic constitutes an exercise in legal. Therefore, political balancing that is difficult to understand and therefore perilous”writes the president of the RN deputies who also evokes a “Risk of contagion” in the other Drom-Com.

Is the Bougival agreement unfavorable to France and did it ” lose »A strategic territory in the Pacific? In addition, While the draft agreement must still be ratified in New Caledonia after consulting each party. signatory movement, its concrete translation is debated and not only in the extreme right.

Sovereignty. “competence of competence” – Bougival agreement, fear "loss" new

The project provides for several major changes: the creation of a Caledonian state, bougival agreement, fear “loss” new inscribed in the Constitution, with its anthem, its currency, its flag and its motto; the creation of a Caledonian nationality but inseparable from French nationality; a transfer of skills between France and the Caledonian government; And finally, the possibility for the state of New Caledonia to be recognized as such internationally.

Unbearable for the national rally. “Creating a Caledonian state. with Caledonian citizenship is actually dropping France”denounced on BFMTV the vice-president of RN Sébastien Chenu. Except that it is not so clear.

Questioned by the 1st. Léa Havard, professor of public law and researcher at the University of New Caledonia recalls that the sovereignty of a State “ refers to the exercise of a certain number of skills ”generally sovereign (internal and external security, justice and public finances). A state is considered sovereign “ When he obtains what lawyers call “the competence of competence”. when he bougival agreement, fear “loss” new can choose to exercise his skills as he wishes “, she said. In other words: when it is he who defines his own framework.

A very accommodating blur (for now)

On this, the Bougival agreement leaves the door open to interpretations. The notion of ” competence of competence »Not appearing, notes the specialist. But the text provides developments that go partially in this direction. On the international level first of all. competence transferred to New Caledonia “In compliance with international commitments and fundamental interests of France” And except when it comes to defense and security – which above all leaves a diplomatic component.

Then, the distribution of other skills, unchanged to date, may be modified at the request of the Caledonian Congress. The Caledonian state may do ” the sovereign choice “ to entrust certain skills to the French state. but with the possibility bougival agreement, fear “loss” new of recovering them, explains the constitutionalist Benjamin Morel to AFP, which evokes a unique status of“Independence-association”.

Are these developments sufficient to strengthen the Caledonian state to the point of talking about loss of French sovereignty? Impossible to decide as it is, as long as the draft agreement is not specified via organic law. “In law, we can use the word” state “to describe a state that is not sovereign. (…) For all that. it can also mean that it can be a real” state “at the international level, with a sovereign government. At this point, it is still difficult to decide ”, estimates Léa Havard.

In a platform at Mondethe historian Louis-José Barbançon considers that there is at least one certainty. acted in the preamble to the agreement: “We are on a trajectory which leads to sovereignty. (…) No reverse is possible. »» But for the bougival agreement, fear “loss” new moment. Bougival’s text, “Transcribed in Caledonian language, would suggest, one might say, a” false state “in a” false association “and” false sovereignty “”. A sufficient blur to fully satisfy any of the Caledonian camps without dissatisfying them.