Constitution

France 1958 Constitution (reviewed 2008)

Table of Contents

Title XIII. TRANSITIONAL PROVISIONS PERTAINING TO NEW CALEDONIA

ARTICLE 76

The population of New Caledonia is called upon to vote by 31 December, 1998 on the provisions of the agreement signed at Nouméa on 5 May, 1998, published in the Journal Officiel of the French Republic on 27 May, 1998.

Persons satisfying the requirements laid down in article 2 of Act No. 88-1028 of 9 November, 1988 shall be eligible to take part in the vote.

The measures required to organize the voting process shall be taken by decree adopted after consultation with the Conseil d’état and discussion in the Council of Ministers.

ARTICLE 77

After approval of the agreement by the vote provided for in article 76, the Institutional Act passed after consultation with the Deliberative Assembly of New Caledonia shall determine, in order to ensure the development of New Caledonia in accordance with the guidelines set out in that agreement and in the manner required for its implementation:

  • those of the State’s powers which are to be definitively transferred to the institutions of New Caledonia, the applicable time frame and the manner in which said transfer shall be proceeded with, together with the apportionment of expenditure arising in connection therewith;
    the rules governing the organization and operation of the institutions of New Caledonia, in particular the circumstances in which certain kinds of decisions taken by the Deliberative Assembly of New Caledonia may be referred to the Constitutional Council for review before publication;

    the rules concerning citizenship, the electoral system, employment, and personal status as laid down by customary law;

    the conditions and the time limits within which the population concerned in New Caledonia is to vote on the attainment of full sovereignty.

Any other measures required to give effect to the agreement referred to in article 76 shall be determined by statute.

For the purpose of defining the body of electors called upon to elect members of the Deliberative Assemblies of New Caledonia and the provinces, the list referred to in the Agreement mentioned in Article 76 hereof and Sections 188 and 189 of Institutional Act n0 99-209 of March 19, 1999 pertaining to New Caledonia is the list drawn up for the ballot provided for in Article 76 hereinabove which includes those persons not eligible to vote.

Articles 78 to 86

(Repealed)