include all those comprising the family as understood in the society in question. It
follows that cultural traditions should be taken into account when defining the term
"family" in a specific situation. It transpires from the authors' claims that they
consider the relationship to their ancestors to be an essential element of their identity
and to play an important role in their family life. This has not been challenged by the
State party; nor has the State party contested the argument that the burial grounds in
question play an important role in the authors' history, culture and life. The State party
has disputed the authors' claim only on the basis that they have failed to establish a
kinship link between the remains discovered in the burial grounds and themselves.
The Committee considers that the authors' failure to establish a direct kinship link
cannot be held against them in the circumstances of the communication, where the
burial grounds in question pre-date the arrival of European settlers and are recognized
as including the forbears of the present Polynesian inhabitants of Tahiti. The
Committee therefore concludes that the construction of a hotel complex on the
authors' ancestral burial grounds did interfere with their right to family and privacy.
The State party has not shown that this interference was reasonable in the
circumstances, and nothing in the information before the Committee shows that the
State party duly took into account the importance of the burial grounds for the
authors, when it decided to lease the site for the building of a hotel complex. The
Committee concludes that there has been an arbitrary interference with the authors'
right to family and privacy, in violation of articles 17, paragraph 1, and 23, paragraph
1.
10.4 As set out in paragraph 7.3 of the decision of 30 October 1995, the Committee
has further considered the authors' claim of discrimination, in violation of article 26 of
the Covenant, on account of the alleged absence of specific legal protection of burial
grounds in French Polynesia. The Committee has noted the State party's challenge to
the admissibility of this claim, as well as the subsidiary detailed arguments relating to
its merits.
10.5 On the basis of the information placed before it by the State party and the
authors, the Committee is not in a position to determine whether or not there has been
an independent violation of article 26 in the circumstances of the instant
communication.
11. The Human Rights Committee, acting under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil and Political Rights is of the view that
the facts before it disclose violations of articles 17, paragraph 1, and 23, paragraph 1,
of the Covenant.
12. The Human Rights Committee is of the view that the authors are entitled, under
article 2, paragraph 3(a), of the Covenant, to an appropriate remedy. The State party is
under an obligation to protect the authors' rights effectively and to ensure that similar
violations do not occur in the future.
13. Bearing in mind that, by becoming a State party to the Optional Protocol, the State
party has recognized the competence of the Committee to determine whether there has