New Caledonia’s administrative tribunal has made a significant decision, holding the French State accountable for failing to ensure a “reasonable level of security” during the civil unrest that rocked the territory in May 2024. This landmark ruling emerged from a case brought forth by the insurance company Allianz, representing 14 clients impacted by the turmoil.
The tribunal concluded that the French State was at fault for not maintaining public order amidst violent riots, particularly in the Kenu In shopping mall complex located in Dumbéa, near Nouméa. Following this judgment, the tribunal ordered the French government to compensate Allianz with approximately 3.36 billion French Pacific Francs (around €28.1 million or US$3.3 billion).
The tribunal justified its ruling by emphasizing that the State had ample prior warning about the potential for unrest and the need for adequate security measures. Intelligence reports had forecasted the likelihood of a violent insurrection, with significant warnings issued weeks prior, including requests from then-French High Commissioner Louis Le Franc for additional law enforcement personnel to be deployed to New Caledonia.
Despite these alerts, no timely action was taken, leaving the security forces grossly outnumbered during the early days of the disturbances. It wasn’t until after the violence had escalated that reinforcements from Paris arrived on the scene.
In the aftermath, it was revealed that, while the number of law enforcement personnel has now increased to over 2,500, the force’s strength was only around 600 during the riots. The neglect in responding to the escalating situation comes amid France’s focus on securing police resources for the 2024 Olympic Games, which arguably diverted attention and resources from the urgent needs of New Caledonia at that time.
The riots were ignited by marches protesting a controversial constitutional reform affecting the Kanak indigenous population and quickly turned violent, leading to 14 fatalities, hundreds of injuries, and widespread destruction valued at around €2.2 billion (US$2.58 billion). The Kenu In area, including numerous businesses, suffered extensive damage, further exacerbating local economic struggles with an estimated 13.5 percent drop in GDP.
In response to the turmoil, many insurance companies have opted to exclude coverage for riot-related damages in new contracts within New Caledonia. As of now, the French State has not indicated whether it will appeal the tribunal’s verdict, leaving the future of this landmark ruling in uncertainty.
This development underscores the pressing need for adequate security measures and efficient responses to civil unrest, highlighting the importance of safeguarding both property and public safety amid socio-political tensions. The ruling may serve as a precursor for better governance and security preparedness in the region, ensuring the protection of citizens and communities against potential future disturbances.
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