The Human Rights Committee, established under article 28 of the International Covenant on Civil and Political Rights, Meeting on 29 July 1997, Having concluded its consideration of communication No. 549/1993 submitted to the Human Rights Committee on behalf of Messrs. Francis Hopu and Tepoaitu Bessert under the Optional Protocol to the International Covenant on Civil and Political Rights, Having taken into account all written information made available to it by the authors of the communication, their counsels and the State party, Adopts the following: Views under article 5, paragraph 4, of the Optional Protocol 1. The authors of the communication are Francis Hopu and Tepoaitu Bessert, both ethnic Polynesians and inhabitants of Tahiti, French Polynesia. They claim to be victims of violations by France of articles 2, paragraphs 1 and 3(a), 14, 17, paragraph 1, 23, paragraph 1, and 27 of the International Covenant on Civil and Political Rights. They are represented by Messrs. James Lau, Alain Lestourneaud and François Roux, who have provided a duly signed power of attorney. The facts as submitted by the authors 2.1 The authors are the descendants of the owners of a land tract (approximately 4.5 hectares) called Tetaitapu, in Nuuroa, on the island of Tahiti. They argue that their ancestors were dispossessed of their property by jugement de licitation of the Tribunal civil d'instance of Papeete on 6 October 1961. Under the terms of the judgment, ownership of the land was awarded to the Société h_telière du Pacifique sud (SHPS). Since the year 1988, the Territory of Polynesia is the sole shareholder of this company. 2.2 In 1990, the SHPS leased the land to the Société d'étude et de promotion h_telière, which in turn subleased it to the Société h_telière RIVNAC. RIVNAC seeks to begin construction work on a luxury hotel complex on the site, which borders a lagoon, as soon as possible. Some preliminary work - such as the felling of some trees, cleaning the site of shrubs, fencing off of the ground - has been carried out. 2.3 The authors and other descendants of the owners of the land peacefully occupied the site in July 1992, in protest against the planned construction of the hotel complex. They contend that the land and the lagoon bordering it represent an important place in their history, their culture and their life. They add that the land encompasses the site of a pre-European burial ground and that the lagoon remains a traditional fishing

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