The right

customary in New Caledonia

LPN I

The eight areas Customary s The New Caledonia

Coverage In custom - system of social relations - trade of food and objects strengthen ties. ADCK-CCT If the custom based traditional Kanak life, she is now part of the social relations of all communities in New Caledonia. At the House of New Caledonia, the big box, evidenced by the eight poles customary areas, is a space where the customary gesture is often accomplished. "Make custom" has become a very popular phrase in all communities in New Caledonia. The path had been traced by the Matignon Accords in 1988 with the construction of the cultural center Tjibaou "strong gesture" of France with regard to the Kanak culture, but also the recognition of a common law of the land . In 1998, the Noumea Accord reaffirmed the link of the original people to the land. The establishment of new legal tools and innovative institutions, such as customary senate has opened the institutional space in the traditional system. For generations, the next step will be played on the international scene with the recognition of traditional knowledge and "collective biocultural heritage" of New Caledonia. This booklet covers the essential points concerning customary law, to better understand Caledonian changing society, seeking its bearings between tradition and modernity. Joel Viratelle House Director of New Caledonia 3

The Custome
governed texts Lafargue

Tjibaou (1936-1989). Services archive of New Caledonia Below against The yam tuber sacred is at the heart of the custom. Eric Dell'Erba Like many non-Western societies, Kanak societyconceives its existence in its perpetuation through generations, clans and lineages. It promotes the group and not separate man from his environment. It reasons from the perspective of genealogy where the individual is less important than the continuity and survival of the social group. Unlike the West, where immortality is written in stone monuments, Kanak immortality lies in the way of being and to consider oneself, ie in the "custom". " Tjibaou, in L has presenc e Kanak , ed. Odile Jacob, 1996 aN soCiety of orality Like most traditional communities, Kanak society is oral tradition. The word is particularly expressed in speeches on alliances between clans, recalled during major events. Languages and mythstransmitted from generation to generation is the heart of its identity. In the absence of writing, which establishes communication and its contents, orality is governed by specific codes. Oral knowledge is collective and not individual fact, so an individual can know the history but have permission to speak. * Kanak is the hero of Kanak founding myth. It is here used in the sense of the Kanak man. Dances participate in the celebration of social rituals that engage clans and tribes. Melanesia 2000 festival. ADCK-CCT " emmanuel Kasarhrou, former director of the cultural center Tjibaou Custom, an ancestral code SOCIAL RELATIONS The custom report illuminates the world, ancestors, the collective and personal destiny, the link with the earth and all those who worked. It refers to a way of being, and thus to consider the social and legal norms that result. She lives and renews itself. Far from any confinement in the past, the custom is, nowadays, a new sense: It is thought as a means to affirm and bring up an identity. The sense of Custom " Tjibaou in Ciba u Cibau , Kam o p a Kavaac , ADCK 1998

Kanak society is now facing a double challenge: to preserve its identity and not to sell a natural heritageExceptionally, when the industrial development of the archipelago poses an unprecedented threat to their culture and environment. The Noumea Accord, signed in 1998, gives more responsibility and autonomy to New Caledonia. It also emphasizes the need to defend the Kanak identityTo respect the rules that structure the society whose official destiny is not to be, sooner or later assimilated, but to move freely. Said that the Noumea Accord " Il est aujourdhui ncessaire de poser les bases dune citoyennet de la Nouvelle-Caldonie, permettant au peuple dorigine de constituer avec les hommes et les femmes qui y vivent, une communaut humaine affirmant son destin commun. Extracts from the preamble of the Noumea Accord (1998) The main maNifestatioNsde The Custom It is expressed on a daily basis through the "customary gesture", Exchange of words and donations during a reception for example. Longer, wedding ceremonies, mourning and yams are an opportunity to reaffirm the links between the living and the dead. Wedding ceremonies Wedding ceremonies are a key custom time because they are not just about two people, but the union of two clans. The union inter clan is a pledge of life. The FIVE stages of Customary Marriage 1. Field preparation one year in advance. 2. The request of the girl's hand. 3. Building boxes to house guests and donations e the boy's family. 4. a week before the wedding, families and clans provide custom: silver, fabrics, yams, rice, sugar. On the mainland, the Kanak currency and yams are mainly used.

5. Three to four days after the wedding, the girl arrives at the venue of the ceremony to attend different customs presented by the boy's family. Customary marriage really begins with the arrival of the maternal uncle of the boy and ends when all the clans came with their custom. Trade in goods, here embodied by fabrics, participate in constant renewal of ties. MNC Marriage is an important moment in the custom. Wedding Grand Chief Lssi, Evanes Bakery (Lifou, 1999). Dr Yam, symbol of life. ADCK-CCT 8 A clan entrusts another responsibility of caring for a woman who will give children, who belong to the paternal clan. The union called inter-clan in return other gifts of life. At a wedding, the paternal clansbring yams to be consumed pledge agreement lineage. The combined offerings are then distributed to maternal allies. Verbal exchanges rely on donations, the largest of which are traditionally the "currency"and yams. Yam sealed alliances

The lifetime of the clan is set by yam cultivation. Social time runs parallel to the tuber which determines the date of major events such as the inauguration of the head, marriage, grief and alliances. Symbolically, the yam is male. Connected to the ground, it represents the power of the paternal clan, which is why it performs before sowing, a gesture of transmission. As the center postthe box, yam is still the center of all trade in Kanak country. It is the seal alliances and guarantees of speech. * Bat Current coins Melaleuca bark and wool yarn. atalante

The "currency" Kanak AN token of appreciation and reciprocity Strictly speaking, the traditional Kanak currency is an assembly of beads (shells, bones dogfish *) on a wire with three main segments: the mouth or opening , the body and the end or foot. The ensemble is completed by a braided sheath, "home currency" plant fibers. Beyond its material reality, Kanak money is a symbolic object, Social and economic, it is considered an object at the heart of the "custom". Expression and media exchanges, it is the ancestorand the vehicle floor. The elements that compose identify the clan to which it belongs. Color, black for important events, white for simpler ceremonies, as well as its length, determine its value.

The "currency" Kanak has nothing to do with money as it is understood in Europe, it has no market value. It plays, as ethnologist pastor, Maurice Leenhardt (1878-1954), identical to that of a seal in a partnership role written commitment. Hienghne region. Kanak currencies. Museum Collection New Caledonia Eric Dell Erba 10 Currency sculpted head , northeast of New Caledonia. Museum Collection New Caledonia Eric Dell Erba Corps currency beads small cones foot sex or money hair dogfish Luxury n Knives reprsentan t the man's arm Head carved Home Shell feathers border between martin-pcheurdeux clans, one inside and the other sea Toutoute Case head currency currency area Houalou. Currency represents one or more clans. Its origin can be identified thanks to its components. Collection of the Museum of New Caledonia Eric Dell Erba Recognition of collective rights clans KanakThe custom also expresses the link men a legal person under the lawland and collective obligations. The legal personality of the "tribe" has been recognized, like other peoples of Oceania, the Kanak for the first time by a gubernatorial decree reason as if the main actor was the earth. 1867. At that time, the term "tribe" referred Clan is the "guardian" of intellectual capital, social large chiefdomsand assumed that a material that is the earth. He holds a "liability Vicarious" subjects "duty of care and conservation," which involves liable for damages committed the right to use and not a property right in the sense of collective responsibility the tribe. This was the western end. In Kanak land is collectively be condemned and deprived of all its inalienable capital, inherited from ancestors and as land confiscated as punishment. such, it must be passed on intact to future generations. The same is true for traditional knowledge, land redistribution in relation to the land, and some plants . Responding to land and identity claims expressed by Kanak people in the 1970s, a vast land reform was initiated. The Agency for Rural Development and Land Management (ADRAF), created in the wake of the Matignon Accords in 1988, is the tool of land redistribution in New Caledonia.

Its missions are many: processing of applications for land claims; land acquisition; allocation mainly to particular groupings of local law (GDPL); participation in mediation in the customary conflicts;

-Support for economic development projects on customary land. In 2010, ADRAF has acquired 800 hectares and has assigned In the customary space 3 629-14 GDPL and two communities. It still has the relationship between stock 17,033 hectares. clans are represented by strips of cloth. www.adraf.nc ADCK-CCT / wedoye Henri Octave Togna, Senator clans, tribescustomary during customary palaver. Customary rules organizing society around the head which MNC / Jean-Franois Marin identify very hierarchical and represented by the Counci clans of the former. The clan, all families sharing a myth and earth, is the basic entity. Each clan has a specific function that occurs primarily during traditional ceremonies. There are clans of wizards, fishermen, warriors, clans hold medicinal knowledge, the families of the earth, etc.. The term tribe was invented by the colonial administration to designate reserves, protected areas which were grouped the Kanak. Before colonization, they lived independent of each other, speaking the same dialect and referring to the same land. In 1985, the legal status (ability to have rights and duties) was granted to particular groupings of local law (GDPL) original structures created in New Caledonia to balance the demands of economic development and the traditional customary organization . The GDPL brings individuals tied together by traditional ties within a family, a clan, a tribe. Consists mainly of people of customary civil status, it is governed by customary law. Some GDPL are created to pursue an economic activity other to allow the allocation of land. It was not until 2011 that the legal personality of the clan was recognized. The clan can therefore acquire property, manage resources or legal proceedings. Now he is, and not as a tribe during the colonial period, which is the true holder in Kanak society. gathering of women for the reception of a personality (Lifou). Jean-Franois Marin

Below against The Loyalty Islands, the sacred space is bounded by a stone wall (Uvea). Precarious habitats, Noumea. Jean-Franois Marin

doubLe Next Page Tissue tied on branches recall the spoken word and mark the respect of the place. Jean-Franois Marin

Yesterday, "The native custom"

Kanak leaders. Services Archives New Caledonia Below against Yams are submitted to the box of the great leader. Services archive of New Caledonia The creation of tribes In 1855, the French government proclaims owner escheat land and prohibits establishment of European land ownership through acquisition operated directly by settlers from customary owners to reserve the entire land for settlement and to leave the administration full control over the allocation of land and the redevelopment of the land area. It implicitly recognizes the existence of native title. The need for land for the creation of the prison, and for the free

settlement, led to the setting aside of the native tribes. Tribe in the colonial times In nineteenth e century, the "tribe" meant a people, an ethnic group, as does the English word tribe . In the true "native" system, there was the great chief, and under the great leader there was no structure other than the clan. Colonization imposed grouping clans villages, under the authority of a "small head" and a "council of elders". In 1867, Governor Guillain reaffirms the existenc e of native title and in return, the government imposed the "cantonment" of natives in the "native reserves." So for the colonial law, only the tribe (corresponding to the "district" current), under the authority of the great leader, land rights, subject to forfeiture. For Kanak, however, the clans are only owners of land, which are inalienable and indefeasible.

RESERVES Policy cantonment is interrupted by the uprising of 1878. But it gets more beautiful, between 1894 and 1900 with the governor Feillet who wants to develop free colonization. By necessity, Melanesians have no longer recognize collective ownership of their lands, but a simple right of enjoyment. In 1897, a decree guarantees field reserve calculated on the basis of three acres of arable land by Aboriginal. But it will not actually applied. Cantonment Generalthe late xix th century includes the Kanak population of Grande Terre in 78 reserves, while the Loyalty Islands and the Isle of Pines are enacted wilderness.

Rights of citizenship The colony needs land and arms. She really needs that indigenous people are pacified if not peaceful. This is especially true in the wake of uprisings generated by land expropriations. This requirement takes the form of a regulation which restricts the freedom of coming and going outside the reserves: the regime said the native population, which applies throughout the whole of the colonial empire 22

French. The governor may detain "native" without judgment. Freedom of movement is restricted Kanak in 1860. The native population that distinguishes the "subjects" of the Empire "citizens" French creates a duality of personal rule: Only "citizens" have political rights that are denied to "subjects." Change status Before 1946, the only way to go from being subject to citizen is through a process of "naturalization". In 1946, all "subjects" become French citizens, but retain their individual civil law, with the possibility of abandoning the "particular status" for "marital status of common law." This system aimed at assimilation, was maintained until the signing in 1998 of the Noumea Accord, which reaffirms this duality and equality between the two "personal status". The powers of chiefs As part of the native population, the "chefs" are responsible for maintaining order in the " districts " , administrative subdivisions multi tribes are they governed by the "small leaders." This organization, supported by the traditional rule, allows the council of elders, The "little head" and "great leader" to take all kinds of decisions in the interest of the community, whether civil decisions or decisions to "disciplinary" character. This "disciplinary" system remains in effect today. The traditional leaders claim the right to speak and act for the preservation of "customary law and order." Article 10. " Article 11 . " Decree, No. 895 of 6 July 1954 on the powers of the service on Aboriginal Affairs, CANE, July 19, 1954, p. 346 (excerpts) 23

Today, "The Kanak customary status"

The Noumea Accord (1998), after the Matignon (1988), sought to give political weight to the leading Kanak population. So that was defined Caledonian citizenship. It is not limited to the Kanak, but excludes recent migrants who can not take part in major elections on the institutional future of the territory. This citizenshipWho wants to be a foreshadowing of what could be the future Caledonian citizenship, says he can coexist a "personal" rights system linked to an inheritance or a lasting presence on part of the territory of the French Republic. This development in the classic democratic rule is intended not to crush minorities. Gesture of thanks from the Customary Senate to the Arab World Institute in Paris to host the event "Caledoun, Arabs and Berbers of New Caledonia" in November 2011. MNC / Jean-Franois Marin Below against Emmanuel Tjibaou, director of the cultural center Tjibaou receives customary offerings. ADCK-CCT two statutes civilians equaliTy According to Article 75 of the French Constitution, In New Caledonia, a "status (civil) customary" is recognized as the Kanak. It applies to all relations of a civil nature between persons within the "Kanak customary status". It has regained the right family, the right people, the right contracts, the right of land and all that is on the land, in short everything covered in the legal system of common law, civil law. Disputes concerning those customary status are settled amicably by customary authorities or, in case of conflict, a particular jurisdiction where sit customary assessors.

Customary status, individual or common law? We talk about special status as opposed to the status of "common law" to the Noumea Accord, which states that the special status will now be called "Kanak customary civil status." This terminological change means a complete change of perspective away any assimilationist policy. Now there is more of a common law status, which would be dominant over the other and will become the status of all. The common law status could actually be called "civil status", as it is status as a category of the population. The Noumea Accord allows anyone under the ordinary law of return to customary status. Just as he prove that he lives in a sustainable manner, in accordance with the rules of the Kanak custom. It is up to the judge to determine whether a person old RAM and continuously, even if the acts of civil status say otherwise. The Noumea Accord erects the Kanak law (custom under its legal aspect) in the central part of the identity. He also mentioned the "connection to the land" (better term than property rights) and requires the application of custom in interpersonal disputes (law of persons and family law and contracts) and in the field of land. jurisdictions adapted Until 1988, the status of Kanakwas evidenced by the existence of a civil system, with its own rules and specific civil registers. But there was no court can tell customary law. Jurisdiction with customary assessors, introduced in 1982, was installed in the facts that eight years later. To increase its share, two detached sections of the Court of First Instance of Noumea were created Kon (Northern Province) and Lifou (Loyalty Islands Province). The Matignon-Oudinot (1988) encourage the judiciary to go to meet the Kanak people, approaching them, both geographically and culturally. In Kone rodriguez the judge sits with customary assessors. Day court hearing Kon (Northern Province). bndicte Sevenet Assessors Customary The order of 15 October 1982 established the customary assessors in New Caledonia in the Civil Court of First Instance and the Court of Appeal. These customary assessors complete the Court in the context of disputes between people Kanak customary status. "Customary court" consisting of a civil court and customary assessors (still the majority in the first instance), slice conflicts that dot the daily clans and villages, such as custody of children in cases of separation of spouses. The voice of assessors is deliberative, meaning that it is as much as the professional judge. The assessors are also present at the court of appeal, where they have the same decision-making power that professional judges. 27 These litigants are of a new type, with disputes and rules, a priori, confuse Western lawyers. The individual sections can now deal with common law civil litigation and disputes between people of customary status. Justice of the Republic, for the first time, accessible to people of Melanesian customary status. Thus were created the conditions for the emergence of a "judicial custom", Based on court decisions taken in respect of a particular sociological context. It establishes a dynamic based on the contact of the magistrate with the "ground" on the dialogue with his assistants, his knowledge and his commitment to the country itself. Customary institutions Customary institutions were inspired by the Western model for organizing and taking into account the expression of custom. The spatial distribution of custom eight "areas customary" or "traditional country" from the 1980s. The Customary Senate The Matignon Accords created a customary advisory board become "customary senate" with the Noumea Accord. The Customary Senate is composed of 16 members from eight customary areas of New Caledonia (two per area). Its members are appointed by the "customary councils" (areas) according to the customs recognized by custom. Customary Senate is competent to express an opinion with respect to projects and proposals of law of the land relating to identity signs of New Caledonia(Flag, anthem, country name, currency and design of banknotes), the customary status, the system of customary land (including the definition of leases to govern the relationship between customary owners and operators), the regime of

palaver customary limits of customary areas and the method of election to the Senate customary and traditional councils. It must be consulted on any plans or proposals for deliberation interesting Kanak identity and optionally consulted for any bill or proposal of deliberation. The term of the Senate is five years. Its president is renewed every year. The big box of Customary Senate. Eric Dell'Erba The customary palaver The palaver is a collective decision, comparable to a resolution of a deliberative assembly. The minutes of palaver (called "customary act" since 2007) is established by the customary public officer who acts as a notary in that it guarantees the accuracy of the events and decisions that transcribed. This is the way to move from orality to writing. Sixteen members from the eight customary areas of New Caledonia, sit on the Customary Senate. Eric Dell'Erba

Customary public officers Customary public officials (UCI) have in 2007, replaced the old "bailiffs trustees Aboriginal Affairs officials." Since the colonial period until recently, these functions were carried out by the police, who had the status of "trustee Aboriginal Affairs." One of the best known of the ethnographic work he comes alongside its functions is Constable Robert Citron, whose films made in the 1960s are held at the Cultural Center Tjibaou. Customary public officials formalize in writing the content of the decisions taken by the clans under the palaver. They write "customary acts" allowing, inter alia, the clan leader to reach an agreement for a proposed development on customary land or transcribe the agreement of the clansruling on the dissolution of a customary union or the distribution of land in an estate, or to formalize an agreement settling a dispute between clans. Constable Lemon In the mid-1950s, Robert Lemon, Lemon said Constable, is named New Caledonia. Immediately, he was fascinated by the ratio of Kanak the nature and acquires a camera bolex 8mm. During the two periods of four years he performed in the territory, he films the Kanak Island pines and Canala and customary in their daily activities. Enjoyed traditional leaders, it captures the traditions that no European could not approach. He makes films of high quality enhanced by the simple and specific comments he wrote once reached retirement. It was not until 2004, when the Cultural Center Tjibaou discovers the existence of his coils Kodachrome, he becomes aware of their importance to the memory of the Kanak culture. robert Lemon dies at age 88, in the Paris suburbs, a few months after the release of a documentary directed by Gilles Dagneau in 2008 from its images. 30

The words made, gestures and symbolic objects exchanged allow clans to include events in their relationships and in time. ADCK ADCK-CCT-CCT / David Becker Acts Customary The "customary acts" are the central element in the establishment of an agreement between clans, to enter into a marriage or to decide on the dissolution of a customary marriage. For the customary marriage is fully subject to the decision of the clans. As the PACS, customary marriage is decided without any government intervention, it is simply stated and recorded in the customary civil status. As customary marriages are decided outside the control of the State, their dissolution is the responsibility of only clans who register their decisions to service the customary civil status. Customary acts also seek to determine the holders of land rights and the scope of clan land: in this sense, they are preparing the establishment of a future customary land registry. 31

The valuation of Customary Land The preamble to the Noumea Accord expresses the idea that the "earth" is the man. The Organic Law of 19 March 1999 reaffirms the rule of the "four-i" in relation to land held by clans: "The s land s customary s a t inalienable , inalienable , indefeasible s e t . elusive " They are therefore not a right, but a capital source of personal rights and intellectual property rights. The Customary land The land area Kanak The Kanak land area totaled 121,600 hectares in 1912, 126,700 hectares in 1945 and 164,000 hectares in 1975. Since the beginning land reform in 1978, some 100 000 hectares were transferred to Kanak, 60 000 hectares profit groups special local law (GDPL). Today, 23% of the land in New Caledonia are customary land, 24% of common law, and 53% are the domain of the State. Customary land includes old earth s d e reserves , additions to reserves and which, whatever its original status, were reassigned under the "connection to the land"directly to clans or clans grouped GDPL. They have a status of inalienability. Only the signature of long leases (a maximum of 99 years) allows an investor to conduct operations on customary land to enable him to realize a return on its investment. At the end of the lease, the buildings erected on the land remains the property of the clan owning the land. " Tjibaou

tomorrow, a Laboratory pourdes novel concepts

The fern is one of the plants used in traditional medicine. Kanak traditional knowledge could be protected by international law. IrD Below against a plant path leads from the entrance to the cultural center Tjiabou customary area. Here, the taro. ADCK-CCT Beside the French people, the Kanak people! Unlike the United Kingdom, recognizing in it the "nations" Scottish and Welsh, France refuses to accept other regional entities. However, the Noumea Accord recognized the existence of a "Kanak people" next to the "French people." France claims, moreover, that it has on its soil no indigenous people. Yet it has ratified three international commitments that reflect consideration of life beside the French people "indigenous and local communities": The Convention on Biological Diversity, 1992which states UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage of 2003 , in which was committed to respect " " , which is particularly evident in " . Convention on the Protection and Promotion of the Diversity of Cultural Expressions in 2005 , which recognizes in its preamble " . Recognition of Kanak patrimoiNeCuLtureL

The Nagoya Protocol, signed in 2011, extended and precise commitments under the Convention on Biological Diversity in 1992. It refers to the United Nations Declaration on the Rights of Indigenous PeoplesRecognizes the specific nature of indigenous cultures and encourages the development of legal systems specific protection. He says " " .

"Intellectual Property indigenous" "Traditional knowledge", particularly those associated with genetic resources of interest to the scientific search for new molecules have become an important issue. Protection through the recognition of "indigenous intellectual property" inalienable. This is to protect the collective heritage specific to a community, to fight against sophisticated forms of "biopiracy." Peru has led the way in 2002. The New Caledonia is considering a similar device with a draft law " relatively f to the a backed up e d u patrimoin e foncie r immatrie the Kanak . " objects in baskets, woven by women, International Law are primarily useful functions. Customary and status: South Province / Martial Dosdane experience of BEFOrE-garde In this international context favorable to the recognition of the rights of the community 's Aboriginal s e t local over their traditional knowledge, personal status and status knew i generis (unique status and tailored) land in New Caledonia joined the designs more innovativeon the international scene. Various international conventions ratified by France, can recognize that the Kanak identity remains, even today, based on a special relationship to the land and marine extended. They emphasize the interrelationship between affect 36

biodiversity and damage to cultural diversity and the need to protect them by taking into account a "patrimoin e collective f biocultural " . There is currently, under French law, no status or specific rules protecting traditional knowledge and the rights of indigenous communities over their knowledge. However, the New Caledonia is the only one so far to have the legal basis conducive to the development of such a status. thinking for future generations The recent problems in the West "rights of future generations" is a rediscovery of themes that have always been at the heart of indigenous companies that ignore the man / nature, as well as the opposition between future / present generations distinction are characteristic of Western societies. Kanak society is a "society of passage"Which develops social relationships in terms of "homework" - duty to pass intact natural heritage - and not "rights." In this sense, the issues raised in New Caledonia by custom, and the solutions being developed, half-open doors to reflect the obligations of the present generations towards future generations and our model of civilization.

To go Act N BENSA A. and Leblic I., In Kanak country house of Human Sciences, 2000 Dagneau G., Le Gendarme Lemon, 42 min documentary produced by aaa production in 2008, available on DVD De Deckker p. and L. Kuntz, The Battle of the custom and its implications for the South Pacific , L'Harmattan, Paris, 1998. Gony b.-y., Thewe men jila: Kanak currency in New Caledonia, ed. Phrases Northern Province, 2006 Guiart J. Melanesian societies, misconceptions, real ideas , the rock-a-la-Voile, Noumea, 2001 HERMITTE M.-A., "The Convention on Biological Diversity and the intellectual property rights of indigenous peoples: a French gap" Reviewed e juridiqu e d e environment , 2007 Lafargue r. "Generational obligations in companies" passage "," in Jean-paul Markus (ed.) What legal responsibility to future generations? , ed. Dalloz, coll. "Items and comments," paris, 2012, p.33 50 Lafargue r., The Custom face his destiny. Reflections on judicial practice in New Caledonia and the resilience of substate legal orders LGDJ, paris, 2010 LEENHARDT M., Do Kamo. Person and myth in the Melanesian world Gallimard, 1947 LEENHARDT M., People of the Mainland (1937) Gallimard, 9 th ed., 1953 Merle I., "From collective ownership to the reserve in New Caledonia or the risks of a legal arrangement," Survey , 7, 1998, p. 97-126 Naepels M. Stories Kanak land. Land disputes and social relations in the region Houalou (New Caledonia) belin, paris 1998 E. Rau, institutions and customs Kanak (1944), 2 e ed., L'Harmattan, coll. "Facsimiles Pacific", 2006 Between tradition and modernity, the role of young Kanak Customary Senate of publication of New Caledonia, Noumea, 2009 Strathern M., " Land : intangibl e o r tangibl e ? property " in T. Chesters (ed.) Land Rights . The Oxford Amnesty Lectures 2005, Oxford University Press, Oxford, 2009 TJIBAOU JM., Kanak Presence, Odile Jacob, Paris 1996 On the other side there .. . 's New Caledonia in 6 films , Gilles Dagneau aaa Production Thanks: Customary Senate , Corinne Cumenal (ADCK), Jennifer Duparc (Museum of New Caledonia), Daniel Rodriguez, Matthew Lamotte (aaa Production) House of New Caledonia, 2012

Publication Director: Joel Viratelle, director of the House of New Caledonia in paris Editorial coordination: Pacific Horizon annepitoiset@gmail.com Florence Klein, head of communications of the House of New Caledonia in paris Design: atalante-paris.fr Printed in France Customary law in New Caledonia LA Custom E yesterday, "custom native" Today "status customary KANAK" TOMORROW, a laboratory for concepts INDITS The author, governed Lafargue Doctorate in law and political science graduate, is governed Lafargue magistrate. Former referendum at the Court of Cassation and former lecturer in legal anthropology lab at the University of Paris I (Pantheon-Sorbonne), he was, as a magistrate, various functions in the overseas ( New Caledonia and the meeting) and Africa. All his work is to anchor the experience of multiculturalism. He is the author

home of the New Caledonia 4 bis rue de paris Ventadour 75001 January 42 86 70 00 www.mncparis.fr