interest. Article D. 151-8 of the same Code stipulates that the objects and sites or
monuments which are placed under protection cannot be destroyed or displaced, or be
restored, without prior authorization of the chief administrative officer of French
Polynesia "... les biens, les sites et les monuments naturels classés et les parcelles de
ceux-ci ne peuvent être détruits et déplacés ni être l'objet d'un travail de restoration ...
sans l'autorisation du chef de territoire suivant les conditions qu'il aura fixées..." (this
provision is similar to article 12 of the Law of 2 May 1930 applying in metropolitan
France).. Finally, article D. 154-8 of the same Code specifically covers the accidental
discovery of burial sites: under this provision, the discovery of burial sites must be
notified immediately to the competent administrative authority.
9.8 The State party contends that the above provisions fully protect the authors'
interests and may provide a remedy to their concerns. Contrary to the authors'
affirmation, there does exist in French Polynesia legislation which provides for the
protection of historical sites and burial grounds and of archaeological sites presenting
a particular interest.
9.9 By submission of 26 August 1996, counsel informs the Committee of the death of
Mr. Hopu, and indicates that his heirs have signalled their wish to pursue the
examination of the communication.
Examination of the merits
10.1 The Human Rights Committee has examined the present communication in the
light of all the information presented to it by the parties, as required under article 5,
paragraph 1, of the Optional Protocol.
10.2 The authors claim that they were denied access to an independent and impartial
tribunal, in violation of article 14, paragraph 1. In this context, they claim that the
only tribunals that could have had competence to adjudicate land disputes in French
Polynesia are indigenous tribunals and that these tribunals ought to have been made
available to them. The Committee observes that the authors could have brought their
case before a French tribunal, but that they deliberately chose not to do so, claiming
that French authorities should have kept indigenous tribunals in operation. The
Committee observes that the dispute over ownership of the land was disposed of by
the Tribunal of Papeete in 1961 and that the decision was not appealed by the
previous owners. No further step was made by the authors to challenge the ownership
of the land, nor its use, except by peaceful occupation. In these circumstances, the
Committee concludes that the facts before it do not disclose a violation of article 14,
paragraph 1.
10.3 The authors claim that the construction of the hotel complex on the contested site
would destroy their ancestral burial grounds, which represent an important place in
their history, culture and life, and would arbitrarily interfere with their privacy and
their family lives, in violation of articles 17 and 23. They also claim that members of
their family are buried on the site. The Committee observes that the objectives of the
Covenant require that the term "family" be given a broad interpretation so as to