ground and provides the means of subsistence for some thirty families living next to
the lagoon.
2.4 On 30 July 1992, RIVNAC seized the Tribunal de première instance of Papeete
with a request for an interim injunction; this request was granted on the same day,
when the authors and occupants of the site were ordered to leave the ground
immediately and to pay 30,000 FPC (Francs Pacifique) to RIVNAC. On 29 April
1993, the Court of Appeal of Papeete confirmed the injunction and reiterated that the
occupants had to leave the site immediately. The authors were notified of the
possibility to appeal to the Court of Cassation within one month of the notification of
the order. Apparently, they have not done so.
2.5 The authors contend that the pursuit of the construction work would destroy their
traditional burial ground and ruinously affect their fishing activities. They add that
their expulsion from the land is now imminent, and that the High Commissioner of the
Republic, who represents France in Polynesia, will soon resort to police force to
evacuate the land and to make the start of the construction work possible. In this
context, the authors note that the local press reported that up to 350 police officers
(including CRS -Corps républicain de sécurité) have been flown into Tahiti for that
purpose. The authors therefore ask the Committee to request interim measures of
protection, pursuant to rule 86 of the Committee's rules of procedure.
The complaint
3.1 The authors allege a violation of article 2, paragraph 3(a), juncto 14, paragraph 1,
on the ground that they have not been able to petition lawfully established courts for
an effective remedy. In this connection, they note that land claims and disputes in
Tahiti were traditionally settled by indigenous tribunals ("tribunaux indigènes"), and
that the jurisdiction of these tribunals was recognized by France when Tahiti came
under French sovereignty in 1880. However, it is submitted that since 1936, when the
so-called High Court of Tahiti ceased to function, the State party has failed to take
appropriate measures to keep these indigenous tribunals in operation; as a result, the
authors submit, land claims have been haphazardly and unlawfully adjudicated by
civil and administrative tribunals.
3.2 The authors further claim a violation of articles 17, paragraph 1, and 23, paragraph
1, on the ground that their forceful removal from the disputed site and the realization
of the hotel complex would entail the destruction of the burial ground, where
members of their family are said to be buried, and because such removal would
interfere with their private and their family lives.
3.3 The authors claim to be victims of a violation of article 2, paragraph 1. They
contend that Polynesians are not protected by laws and regulations (such as articles R
361 (1) and 361 (2) of the Code des Communes, concerning cemetaries, as well as
legislation concerning natural sites and archaeological excavations) which have been
issued for the territoire métropolitain and which are said to govern the protection of
burial grounds. They thus claim to be victims of discrimination.