4. In reaching the conclusion that the facts in the instant case do not give rise to an
interference with the authors' family and privacy, we do not reject the view, expressed
in the Committee's General Comment 16 on article 17 of the Covenant, that the term
"family" should "be given a broad interpretation to include all those comprising the
family as understood in the society of the State party concerned." Thus, the term
"family", when applied to the local population in French Polynesia, might well
include relatives, who would not be included in a family, as this term is understood in
other societies, including metropolitan France. However, even when the term "family"
is extended, it does have a discrete meaning. It does not include all members of one's
ethnic or cultural group. Nor does it necessarily include all one's ancestors, going back
to time immemorial. The claim that a certain site is an ancestral burial ground of an
ethnic or cultural group, does not, as such, imply that it is the burial ground of
members of the authors' family. The authors have provided no evidence that the burial
ground is one that is connected to their family, rather than to the whole of the
indigenous population of the area. The general claim that members of their families
are buried there, without specifying in any way the nature of the relationship between
themselves and the persons buried there, is insufficient to support their claim, even on
the assumption that the notion of family is different from notions that prevail in other
societies. We therefore cannot accept the Committee's view that the authors have
substantiated their claim that allowing building on the burial ground amounted to
interference with their family.
5. The Committee mentions the authors' claim "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." Relying on the fact that the State party has challenged neither this
claim nor the authors' argument that the burial grounds play an important part in their
history, culture and life, the Committee concludes that the construction of the hotel
complex on the burial grounds interferes with the authors' right to family and privacy.
The reference by the Committee to the authors' history, culture and life, is revealing.
For it shows that the values that are being protected are not the family, or privacy, but
cultural values. We share the concern of the Committee for these values. These
values, however, are protected under article 27 of the Covenant and not the provisions
relied on by the Committee. We regret that the Committee is prevented from applying
article 27 in the instant case.
6. Contrary to the Committee, we cannot accept that the authors' claim of an
interference with their right to privacy has been substantiated. The only reasoning
provided to support the Committee's conclusion in this matter is the authors' claim
that their connection with their ancestors plays an important role in their identity. The
notion of privacy revolves around protection of those aspects of a person's life, or
relationships with others, which one chooses to keep from the public eye, or from
outside intrusion. It does not include access to public property, whatever the nature of
that property, or the purpose of the access. Furthermore, the mere fact that visits to a
certain site play an important role in one's identity, does not transform such visits into
part of one's right to privacy. One can think of many activities, such as participation in
public worship or in cultural activities, that play important roles in persons' identities