in Mayotte. Therefore, the authors are ill advised to complain about discriminatory application of criminal legislation governing protection of burial sites. The State party adds that the authors had never, up to mid-1996, filed any action complaining about a violation of burial grounds. 9.4 In additional observations, the State party argues that the existence of different legislative texts in metropolitan France and overseas territories does not necessarily imply a violation of the non-discrimination principle enshrined in article 26. It explains that pursuant to article 74 of the French Constitution and implementing legislation, legislative texts adopted for metropolitan France is not automatically and fully applicable to overseas territories, given the geographic, social and economic particularities of these territories. Thus, legislative texts applicable to French Polynesia are either adopted by State organs, or by the competent authorities of French Polynesia. 9.5 Recalling the Committee's jurisprudence, the State party notes that article 26 does not prohibit all difference in treatment, if such difference in treatment is based on reasonable and objective criteria. It submits that the legislative and regulatory differences between metropolitan France and overseas territories is based on such objective and reasonable criteria, as stipulated in article 74 of the Constitution, which explicitly refers to the "specific interests" of the overseas territories. The notion of "specific interests" is designed to protect the particularities of overseas territories and justifies the attribution of particular competencies to the authorities of French Polynesia. This said, the regulations governing the protection of burial sites are very similar in metropolitan France and in French Polynesia. 9.6 In the latter context, the State party observes that article L.131 al.2 of the Code des Communes actually applies both in metropolitan France and in Polynesia. The implementation regulations based on this provision may not be based on the same texts in metropolitan France and in French Polynesia, but in practice the differences are insignificant. Thus, the prohibition to exhume the body of a deceased person without prior authorization is contained both in article 28 of Decision (Arrêté) No. 583 S of 9 April 1953, which is applicable in French Polynesia, and in article R. 36115 of the Code des Communes. 9.7 The State party further observes that in 1989, French Polynesia adopted legislation governing the urbanization of its territory (Code d'aménagement du territoire). Chapter Five of this legislation governs the protection of historical sites, monuments, as well as archaeological activities. The provisions of this legislation are largely inspired by the laws of 2 May 1930 and of 27 September 1941 (the latter governing archaeological excavations), and which apply in metropolitan France The State party provides copies of the texts of these laws.. Reference is made by the State party to article D. 151-2, paragraph 1, of the Code de l'aménagement de la Polynésie française, which provides, inter alia, that sites and monuments the preservation of which is of historical, artistic, scientific or other interest may be placed under partial or complete protection ("... peuvent faire l'objet d'un classement en totalité ou en partie"). This provision, it is argued, would apply to the protection of sites presenting a particular

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