Communication No. 549/1993
Submitted by: Francis Hopu and Tepoaitu Bessert [represented by counsel]
Alleged victim: The authors
State party: France
Declared admissible: 30 June 1994 (fifty-first session)
Date of adoption of Views*: 29 July 1997 (sixtieth session)
Subject matter: Construction of hotel complex on
ancestral grounds of indigenous group in
French Polynesia
2.2 In 1990, the SHPS leased the land to the
Société d'étude et de promotion h_telière, which in
turn subleased it to the Société hôtelière RIVNAC.
RIVNAC seeks to begin construction work on a
luxury hotel complex on the site, which borders a
lagoon, as soon as possible. Some preliminary work
- such as the felling of some trees, cleaning the site
of shrubs, fencing off of the ground - has been
carried out.
Procedural issues: Characterization of State party’s
declaration on article 27 as a reservation
Substantive issues: Effective remedy and access to
independent tribunal - Arbitarry interference
with privacy and family life - Principle of
non-discrimination - Right to enjoy own
culture
2.3 The authors and other descendants of the
owners of the land peacefully occupied the site in
July 1992, in protest against the planned
construction of the hotel complex. They contend that
the land and the lagoon bordering it represent an
important place in their history, their culture and
their life. They add that the land encompasses the
site of a pre-European burial ground and that the
lagoon remains a traditional fishing ground and
provides the means of subsistence for some thirty
families living next to the lagoon.
Articles of the Covenant: 2 (1) and (3) (a), 14, 17 (1),
23 (1), 26 and 27
Article of the Optional Protocol and Rules of
procedure: 4 (2), and rule 93 (4)
Finding: Violation [articles 17, paragraph 1, and 23,
paragraph 1]
1.
The authors of the communication are Francis
Hopu and Tepoaitu Bessert, both ethnic Polynesians
and inhabitants of Tahiti, French Polynesia. They
claim to be victims of violations by France of
articles 2, paragraphs 1 and 3 (a), 14, 17, paragraph
1, 23, paragraph 1, and 27 of the International
Covenant on Civil and Political Rights. They are
represented by Messrs. James Lau, Alain
Lestourneaud and François Roux, who have
provided a duly signed power of attorney.
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.
The facts as submitted by the authors
2.1 The authors are the descendants of the
owners of a land tract (approximately 4.5 hectares)
called Tetaitapu, in Nuuroa, on the island of Tahiti.
They argue that their ancestors were dispossessed
of their property by jugement de licitation of the
Tribunal civil d'instance of Papeete on 6 October
1961. Under the terms of the judgment, ownership
of the land was awarded to the Société hôtelière du
Pacifique sud (SHPS). Since the year 1988, the
Territory of Polynesia is the sole shareholder of this
company.
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.
* Pursuant to rule 85 of the Committee's rules of
procedure, Ms. Christine Chanet did not participate in the
examination of the case.
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