The Council of State, ruling in summary proceedings, on Tuesday rejected the appeal of Kanak independentists who denounced the authorization to use the tricolor during the official campaign for the referendum on the independence of New Caledonia, on October 4 next.
Read also: New Caledonia: the separatists denounce "a partial state" for the referendum
Several elected Kanaks, including Paul Néaoutyine, president of the northern province of New Caledonia, and Louis Mapou, leader of the UNI-FLNKS group at the Congress of the territory, demand the suspension of the articles of a decree authorizing the use of the tricolor for the referendum campaign, while the electoral code normally provides for the prohibition "
on posters and circulars having an electoral purpose or character, the use of the national emblem as well as the juxtaposition of the three colors: blue, white and red, since it is likely to maintain confusion with the national emblem
”.
They consider that "
there is a serious doubt as to the legality
" of this provision which "
prejudices
" according to them "
a public interest
"
,
having regard to "
the seriousness of the disregard of the constitutional principles, in particular of the uniqueness of the people. and the indivisibility of the Republic
”
.
They also underline "
the instrumentalization of the national emblem by one section of the French people against another
".
The second referendum scheduled for October 4
The Council of State notes that if the contested decree "
does not prohibit the use of the national emblem or the juxtaposition of the three colors: blue, white and red for posters and circulars of the electoral campaign
" for the referendum, it "
Nevertheless provides that the graphics or symbols used must not give them an official character and entrusts the control commission with the task of ensuring that the possible use of the colors of the national emblem or of it, their place in the documents, the graphics or the symbols which accompany them are not likely to create confusion in the minds of the voters, between the users of this emblem and the institutions of the State
”.
The Council of State considers that there is no "
serious doubt on the legality of the contested provisions, in view of the stake of the ballot and the possibility for the partisans of the accession of New Caledonia to full sovereignty to use the colors of Kanaky-New Caledonia's identity signs
”.
Initially scheduled for September 6, the second self-determination referendum has been postponed to October 4 due to the consequences of the coronavirus crisis.
A first referendum on November 4, 2018 saw the victory of supporters of maintenance in France, with 56.7% of the vote.
