simple laws. Before the Court of Cassation, the authors could have raised the same
issues they argue before the Human Rights Committee.
5.7 In the State party's opinion, the authors do not qualify as "victims" within the
meaning of article 1 of the Protocol. Thus, in respect of their claim under article 14,
they have failed to adduce the slightest element of proof of title to the grounds, or of a
right to occupancy of the grounds. As a result, their expulsion from the grounds
cannot be said to have violated any of their rights. According to the State party,
similar considerations apply to the claims under articles 17 and 23(1). Thus, the
authors failed to show that the human remains excavated on the disputed grounds in
January 1993 or before were in any way the remains of members of their family or of
their ancestors. Rather, forensic tests undertaken by the Polynesian Centre for Human
Sciences have revealed that the skeletons are very old and pre-date the arrival of
Europeans in Polynesia.
5.8 Finally, the State party contends that the communication is inadmissible ratione
materiae and ratione temporis. It considers that the authors' complaint relates in reality
to a dispute over property. The right to property not being protected by the Covenant,
the case is considered inadmissible under article 3 of the Optional Protocol.
Furthermore, the State party observes that the sale of the grounds occupied by the
authors was procedurally correct, as decided by the Tribunal of First Instance of
Papeete on 6 October 1961. The case thus is based on facts which precede the entry
into force both of the Covenant and of the Optional Protocol for France, and therefore
considered to be inadmissible ratione temporis.
5.9 Subsidiarily, the State party offers the following comments on the merits of the
authors' allegations: on the claim under article 14, the State party recalls that King
Pomare V who, on 29 June 1880, had issued a proclamation concerning the
maintenance of indigenous tribunals for land disputes, himself co-signed declarations
on 29 December 1887 relating to the abolition of these tribunals. The declarations of
29 December 1887 were in turn ratified by article 1 of the Law of 10 March 1891.
Since then, the State party argues, the ordinary tribunals are competent to adjudicate
land disputes. Contrary to the authors' allegations, land disputes are given specialized
attention by the Tribunal of First Instance of Papeete, where two judges specialized in
the adjudication of land disputes each preside over two court sessions reserved for
such disputes each month. Furthermore, it is argued that the right of access to a
tribunal does not imply a right to unlimited choice of the appropriate judicial forum
for the complainant -rather, the right to access to a tribunal must be understood as a
right to access to the tribunal competent to adjudicate a given dispute.
5.10 As to the claims under articles 17 and 23, paragraph 1, the State party recalls that
not even the authors claim that the skeletons discovered on the disputed grounds
belong to their respective families or their relatives, but rather to their "ancestors" in
the broadest sense of the term. To subsume the remains from a grave, however old
and unidentifiable they are, under the notion of "family", would be an abusively
extensive and unpracticable interpretation of the term.