AI response to the notions of fundamental law, self-organization, etc. applied to NC

Hello everyone,

At the beginning of this week, the APROFED association once again called on the AI ​​to provide an answer, following Manuel Valls’ summary document, to the following question: What would a constitution, self-organization and the competence of competence bring to New Caledonia?

Below is the AI’s response:

The introduction of a constitution , self -organisation and jurisdiction in New Caledonia could have profound implications for its political and legal status, particularly in terms of governance, sovereignty and relations with France.

Here is an analysis of the potential impacts of these elements in the Caledonian context:

1. A Constitution for New Caledonia

The development of a Caledonian constitution (or fundamental law) could allow New Caledonia to more clearly define its political system, its fundamental values, its rights and duties, as well as its institutions. This would constitute a step towards a more assertive status of autonomy, or even independence. Indeed, a constitution would allow:

• • Legal stability : It would provide a stable framework for governance and citizens’ rights, which would be particularly important in a context of political transition.

• • Recognition of cultural identities : A constitution could notably recognize and protect the cultural specificities of Kanaks and other communities living in the territory.

2. Self-organization

Self-organization refers to the ability of a people or community to manage its own affairs, particularly in matters of governance, economy, and development. For New Caledonia, this would have concrete effects such as:

• • Improving local management : Local institutions could better respond to the specific needs of the Caledonian population, particularly the Kanak population. This could also promote a more democratic and participatory model of governance, taking into account local realities.

• • Control over natural resources : Self-organization could allow New Caledonia to better manage its natural resources (particularly minerals) and to derive more direct benefit from them, rather than depending on the decisions of the central government in France.

• • Building a distinct political identity : Self-organization could help forge a distinct political identity, strengthening local capacities and reducing dependence on Parisian decisions.

3. The Competence of Competence

The concept of competence is a legal concept that grants a political entity the ability to determine the areas in which it has jurisdiction, independently of any external interference. In New Caledonia, this could mean:

• • Increased autonomy : By being in control of the delimitation of its powers, New Caledonia could choose to no longer depend on France in certain areas, such as education, justice, or the management of economic and social affairs.

• • A more balanced relationship with France : This principle could promote a more balanced relationship, in which New Caledonia would have more power to legislate and make decisions without external constraints.

• • The possibility of negotiating exceptional areas with France : This principle would allow New Caledonia to negotiate directly with France on matters affecting shared sovereignty, while preserving certain areas under its exclusive control.

4. Political and Social Issues

However, these concepts also raise several challenges:

• • France’s role : France should readjust its relationship with New Caledonia. A local constitution and jurisdictional authority could also require constitutional reforms in France, particularly regarding autonomy status or devolution of power.

• • International recognition : If New Caledonia chooses to become politically independent, this could lead to international recognition of its independence, which could be a long and complex process.

In summary, a constitution (or fundamental law) , self-organization and the competence of competence could strengthen New Caledonia’s autonomy and enable it to manage its internal affairs more effectively. However, these changes would also raise political, social and legal challenges, particularly concerning the management of relations with France.

Thus, as the AI ​​points out, the acquisition of these 3 elements would allow for greater autonomy to be acquired within France, limiting its controls and fields of action on internal affairs within the territory, while not closing the door to international law linked to self-determination, which the independentists wish to preserve, something the association has supported since its creation in May 2024.

Hoping that the next negotiations between the State and the independentists will go in this direction and that the moderate loyalists will support this progress, thus putting the extremists in the minority, which they already are.

The APROFED association