3.4 Finally, the authors claim a violation of article 27 of the Covenant, since they are
denied the right to enjoy their own culture.
The Committee's admissibility decision
4.1 During its 51st session, the Committee examined the admissibility of the
communication. It noted with regret that the State party had failed to put forth
observations in respect of the admissibility of the case, in spite of three reminders
addressed to it between October 1993 and May 1994.
4.2 The Committee began by noting that the authors could have appealed the
injunction of the Court of Appeal of 29 April 1993 to the Court of Cassation.
However, had this appeal been lodged, it would have related to the obligation to
vacate the land the authors held occupied, and the possibility to oppose construction
of the planned hotel complex, but not to the issue of ownership of the land. In the
latter context, the Committee noted that so-called "indigenous tribunals" would be
competent to adjudicate land disputes in Tahiti, pursuant to the decrees of 29 June
1880 ratified by the French Parliament on 30 December 1880. There was no
indication that the jurisdiction of these courts had been formally repudiated by the
State party; rather, their operation appeared to have fallen into disuse, and the authors'
claim to this effect had not been contradicted by the State party. Nor had the authors'
contention that land claims in Tahiti are adjudicated "haphazardly" by civil or
administrative tribunals been contradicted. In the circumstances, the Committee found
that there were no effective domestic remedies for the authors to exhaust.
4.3 In respect of the claim under article 27 of the Covenant, the Committee recalled
that France, upon acceding to the Covenant, had declared that "in the light of article 2
of the Constitution of the French Republic, ... article 27 is not applicable as far as the
Republic is concerned". It confirmed its previous jurisprudence that the French
"declaration" on article 27 operated as a reservation and, accordingly, concluded that
it was not competent to consider complaints directed against France under article 27
of the Covenant.
4.4 The Committee considered the claims made under the other provisions of the
Covenant to have been substantiated, for purposes of admissibility, and on 30 June
1994, declared the communication admissible in so far as it appeared to raise issues
under articles 14, paragraph 1, 17, paragraph 1, and 23, paragraph 1, of the Covenant.
The State party's request for review of admissibility and information on the merits
5.1 In two submissions under article 4 paragraph 2, of the Optional Protocol dated 7
October 1994 and 3 April 1995, the State party contends that the communication is
inadmissible and requests the Committee to review its decision on admissibility,
pursuant to rule 93, paragraph 4, of the rules of procedure.
5.2 The State party contends that the authors failed to exhaust domestic remedies
considered by the State party to be effective. Thus, concerning the authors' argument