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. 68