December 1887 and add that as land disputes continue to exist in Tahiti, a fact
conceded by the State party itself (paragraph 5.9 above), it must be assumed that the
indigenous tribunals remain competent to adjudicate them. Only thus can it be
explained that the Haute Cour de Tahiti continued to hand down judgments in these
disputes until 1934.
Post - admissibility considerations
7.1 During its 55th session, the Committee further examined the communication, and
took note of the State party's request that the decision on admissibility be reviewed
pursuant to rule 93, paragraph 4, of the rules of procedure. It took note of the State
party's argument that the Government had not filed its admissibility observations in
time because of the complexity of the case and the short deadlines imparted to the
State party; it observed, however, that the Government had not reacted to three
reminders and that it had taken the State party 16 months, instead of two, to reply to
the admissibility of the authors' claims, and that the State party's first submission had
been made three months after the adoption of the decision on admissibility. The
Committee considered that as there had been no submissions from the State party by
the time of the adoption of the decision on admissibility, it had to rely on the authors'
information; furthermore, silence on the part of the State party militated in favour of
concluding that the State party agreed that all admissibility requirements had been
fulfilled. In the circumstances, the Committee was not precluded from considering the
authors' claims on their merits.
7.2 On the basis of the State party's observations the Committee took, however, the
opportunity to reconsider its admissibility decision. It noted in particular the authors'
claim that they are discriminated against because French Polynesians are not protected
by laws and regulations which apply to the territoire métropolitain, especially as far as
protection of burial grounds is concerned. This claim could raise issues under article
26 of the Covenant but was not covered by the terms of the admissibility decision of
30 June 1994; the Committee was of the opinion, however, that it should be declared
admissible and considered on its merits. The State party was invited to submit to the
Committee information in respect of the authors' claim of discrimination. If the State
party intended to challenge the admissibility of the claim, it was invited to join its
observations in this respect to those on the substance of the claim, and the Committee
would address them when examining the merits of the complaint.
7.3 On 30 October 1995, therefore, the Committee decided to amend its decision on
admissibility of 30 June 1994.
8.1 By submission of 27 February 1996, counsel informs the Committee that on 16
January 1996, the High Commissioner of the French Republic for French Polynesia
called in the forces of order to evacuate the (archaeological) site of Nuuroa, so as to
enable the immediate start of construction of the hotel complex. At 5:30 a.m., a large
number of police, later joined by a military detachment, occupied the grounds and put
up a fence around the site. On 19 January, approximately 100 residents of the area
protested on the beach of the site to express their opposition to the hotel complex, as