The administrative court of new Caledonia, seized in summary proceedings, ordered this Thursday the suspension of prohibitions to demonstrate in force for eleven months in the Grand Noumea. The decision does not arouse consensus locally.
It will have lasted almost a year in total. The ban on demonstrations in the Grand Noumea, extended several times since the outbreak of riots in May 2024, was suspended this Thursday, April 17 by the administrative court of New Caledonia.
Justice had been seized a few days earlier by the National Human Rights League (LDH), which aimed at the new extension order taken on March 20 by the High Commissioner Louis Le Franc. In his decision, the judge in summary proceedings asked that the execution of this decree “be suspended until it is rule on the merits on the request for its cancellation“. For the court, “It does not result from the instruction” that the exceptional circumstances on which the text of the High Commissioner is based on have really prevailed.
Justice considers that “Persistent security incidents” et “The approach to the anniversary date of May 13” do not show the need for a general ban, while the public authorities can already “Prohibit, depending on the circumstances of place or time, demonstrations ” On a case-by-case basis, in accordance with article L.211-4 of the internal security code. The law allows the High Commissioner to refuse the occurrence of a rally if it considers it to be likely to disturb public order.
“It has now been eleven months since the inhabitants, associations and unions of New Caledonia are prevented from exercising an essential right which is that of demonstrating for reasons which are no longer justified by the local situation. This decision is reassuring, because it recalls an essential thing: New Caledonia is not a territory outside the law“, has reacted to the AFP the lawyer of the LDH, Me Marion Ogier.
“This allows civil society to open the valves and go down to pressure. It needs to express themselves and the restrictions can lead to a form of frustration and exasperation”, underlines Fidel Malalua, the second vice-president of the USTKE, adding that the summary “will suit each self -respecting union organization”. The independence union is also preparing – like each year – an event on the occasion of the Labor Day, on May 1, while being aware that its request could be refused because “State services are guaranteeing security”.
The decision of the administrative court, however, does not arouse the same enthusiasm from the mayors of the Grand Noumea. “It will be difficult especially in May, which is a long month of leave and which marks the first anniversary of the abuses “confides that of Dumbéa, Yohann Lecourieux, who “Respect the court’s decision” But believes that “It was perhaps not the time” to suspend the prohibition to demonstrate. The former member of the government would have preferred the subject to be “Chatted with the new High Commissioner”Jacques Billant, who should take office from May 2.
For his part, the mayor of Nouméa Sonia Lagarde “Deplore” a decision with which it is not “Not in phase”recalling that he “There are still red areas that are problematic in Nouméa, like Rivière-Salée where last night was agitated”. If the disorders are not as important as during the riots, “We cannot say that everything is settled”points the old deputy. “We regularly raise pebbles of police and firefighters, fiery obstacles”she continues, worried about the time that the hearing of the administrative court could take on the merits of the case.
Contacted, the High Commission did not wish to respond to our requests. However, he told AFP that no appeal will be brought against the decision of the administrative court, because he does not have the possibility of contesting a decision rendered in summary interim.
As part of this case, the representatives of the Haussaire had argued the existence of “serious disorders to public order” Persistent, citing in particular at night agitated in 1881 and a resumption of violence against the police in 2025, with 45 injured gendarmes.
State services had also underlined the need for a serene climate vis-à-vis current political issues, “While a radical fringe of clearly identified individuals is likely to be the cause of violence on the occasion of the birthday of May 13”. According to them, justifying “The urgency to maintain the execution of the prohibition enacted”.
