(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 interest. Article D. 151-8 of the same Code stipulates that the objects and sites or monuments which are placed under protection cannot be destroyed or displaced, or be restored, without prior authorization of the chief administrative officer of French Polynesia “... les biens, les sites et les monuments naturels classés et les parcelles de ceux-ci ne peuvent être détruits et déplacés ni être l’objet d’un travail de restoration ... sans l’autorisation du chef de territoire suivant les conditions qu’il aura fixées...” (this provision is similar to article 12 of the Law of 2 May 1930 applying in metropolitan France).. Finally, article D. 154-8 of the same Code specifically covers the accidental discovery of burial sites: under this provision, the discovery of burial sites must be notified immediately to the competent administrative authority. 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 nondiscrimination 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. 9.8 The State party contends that the above provisions fully protect the authors’ interests and may provide a remedy to their concerns. Contrary to the authors’ affirmation, there does exist in French Polynesia legislation which provides for the protection of historical sites and burial grounds and of archaeological sites presenting a particular interest. 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. 361-15 of the Code des Communes. 9.9 By submission of 26 August 1996, counsel informs the Committee of the death of Mr. Hopu, and indicates that his heirs have signalled their wish to pursue the examination of the communication. Examination of the merits 10.1 The Human Rights Committee has examined the present communication in the light of all the information presented to it by the parties, as required under article 5, paragraph 1, of the Optional Protocol. 10.2 The authors claim that they were denied access to an independent and impartial tribunal, in violation of article 14, paragraph 1. In this context, they claim that the only tribunals that could have had competence to adjudicate land disputes in French Polynesia are indigenous tribunals and that these tribunals ought to have been made available to them. The Committee observes that the authors could have brought their case before a French tribunal, but that 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 73