Page 17 - IB June 2020

French Polynesia French Polynesia

had violated the presumption of innocence. Seeking a judicial ra’s Gaston Flosse served as Mayor of Pirae from 1965 to 2000
review of Leroy’s actions, Temaru stated: “He shows no re- and was succeeded as mayor by Edouard Fritch, his former
spect. I’ve been Mayor of Faa’a for 37 years and I’m as white son-in-law and current President of French Polynesia. In May,
as snow…He only has one objective, and that’s to blacken the former President Gaston Tong Sang was re-elected as Mayor
name of me and my family. The intention behind all this is to of Bora Bora for his sixth consecutive term. Since he was first
assassinate me politically. I would prefer that he just grabs elected in 1983, Oscar Temaru has repeatedly served as Mayor
a pistol and kills me, then we won’t have to talk about it of Faa’a, a working class district close to the capital Papeete,
anymore.” which hosts Tahiti’s international airport.
Moetai Brotherson represents French Polynesia in the This dispute raises the question of the use of the courts for
French National Assembly in Paris. A member of Tavini political purposes, even though in French constitutional law,
Huiraatira, Brotherson told Islands Business that the case was the subjective and objective impartiality of judges and pros-
politically motivated. ecutors is presumed in law. People brought before a court can
“It’s the latest episode of a very sad witch hunt that has only seek the recusal of a judicial officer if they have objec-
been undertaken by the French prosecutor here,” he said. “In tive evidence of their bias.
the latest installment, they have decided to seize all of Mr. Despite these principles, many Tahitian voters perceive
Temaru’s savings from his bank account. They are saying that the courts as an institution of the popa’a (Europeans from
it’s a preventative measure because they are fearing that he mainland France), and argue that France’s notoriously bureau-
might flee the country or dissipate this money.” cratic administrative and legal culture is inappropriate in a
Questioning why funds from a personal account were Pacific context. The latest dispute is not the first to question
seized, rather than from his lawyers, Brotherson ridiculed the the impartiality of French legal authorities in Tahiti, which
suggestion from French authorities that Temaru might flee the has been challenged many times by autonomist as well as pro-
jurisdiction. independence politicians.
“This is totally ridiculous, of course,” he said. “Mr. Temaru First elected as President in 1984, Gaston Flosse loyally
was born here, his whole family is here. He is Mayor of Faa’a defended France through the era of French nuclear testing.
and has been Mayor of Faa’a for 37 years now. So, he’s not Flosse faced many allegations of corruption throughout the
going anywhere – especially without planes [due to the COVID decades, but was widely perceived as protected by the French
lockdown]. He doesn’t want to go anywhere. He’s always State, with allegations of corruption never ending in convic-
turned up to when he’s been asked to appear before the tions (the late French President Jacques Chirac was godfather
French courts. This is ridiculous and it’s only an attempt at to Flosse’s children). It was only after the end of testing in
intimidation.” 1996, that French legal authorities began winning convictions
against Flosse in cases of corruption or abuse of public office.
Legal impartiality In recent years, Flosse has repeatedly accused French
The dispute highlights the nature of colonial control over legal authorities of bias and partiality against him. In 2016,
legal structures in France’s overseas collectivities. Unlike in a rare occurrence, the president of the Court of Appeal
the local Government of French Polynesia, which holds a in Papeete Régis Vouaux-Massel formally rejected Flosse’s
level of legislative and administrative authority under the accusations, stating: “It must be understood that magistrates
2004 Statute of Autonomy, local commun or municipal town judge cases in total independence and do not receive instruc-
councils are still controlled by the French State. Authorities in tion from anyone. This independence is guaranteed to all
Paris determine the timing of local government elections and French citizens, whoever they are, and there is no exception
French law applies to the regulation and management of town in Papeete as elsewhere.”
councils. All French nationals can vote in municipal elections. Despite such declarations, Moetai Brotherson still regards
This year, for example, Paris delayed the second round of the actions of the French Prosecutor as biased: “I wish there
scheduled council elections in March due to the coronavirus was another explanation, but we have to be realistic. This is
crisis. This angered local politicians in French Polynesia, who nothing but political retaliation, because Mr. Temaru has put
argued that conditions in Tahiti were different to those in all the French Presidents before the International Criminal
France, which has suffered more than 160,000 confirmed Court for crimes against humanity for the nuclear testing.”
cases of COVID-19 and nearly 30,000 deaths.
The debate over the autonomy of municipal government has International support
raged for decades, especially as many public services jobs are There are many people in Tahiti who do not support Temaru
allocated through town councils, rather than the territorial politically, but in a political culture rife with examples of
government. This provides opportunity for leaders to build a overt corruption, he is widely seen as someone who has not
political base, while French authorities argue the allocation of benefitted personally from public office. Moetai Brotherson
employment can lead to nepotism or corruption. said that during his hunger strike, Temaru received public and
In French Polynesia, town halls often become a fiefdom, private support from many people outside his own party.
with political leaders across the political spectrum holding “During the two weeks of hunger strike, we’ve seen leaders
office as mayor for long periods. Many leaders have built a
political base in a particular municipality: Tahoera’a Huiraati- Continued on page 29

Islands Business, June 2020 17