To: High Commissioner’s Office
of the Republic in French Polynesia
D.R.C.L.
Monsieur Michel Jeanjean
Anaho, February 24,
1999
Dear Monsieur Jeanjean,
We have received your letter dated February 9th, which states
your present interpretation of the treatment of
"foreigners" in French Polynesia.,
We would like to point out to you that all French Polynesian
citizens are presently considered European citizens in all EC
countries, since they have the right, you included, to establish
themselves on European soil with their French citizenship. So
your labeling of "foreigners" for non-French EC
citizens seems highly unreciprocal.
You declare in your letter that we are presently unlawful,
although we are following the reglementation implied in the
decision of the Tribunal Administratif of Papeete in the case of
M. Van Drunen. Our interpretation of the law is, indeed,
confirmed by the detailed documentation of which you’ve
received a copy. It’s not our fault that our polite request
for a visa, dated from November 19, 1998, has been ignored for
several months by the Chief Gendarme M. Pierre Cotiche of Hiva
Oa.
Furthermore, your insinuation that our telephone and written
communication has been somehow improper is vague, without
validity and is simply and arrogant unfounded declaration.
We’ve never even had a telephone conversation with you! All
our communications have been made by registered letters.
Mr. Jeanjean, your letter made no references to the following
points:
1. On January 19 you, Mr. Jeanjean, promised the Mayor of Atuona
Mr. Guy Rouzy to send us a faxed response to our letter of 19
November. Mr. Rouzy permitted us to videotape his phone
conversation with you. Your response never arrived. On January
19th 1999 one day after your conversation with Mr. Rouzy, you
instead faxed the police headquarters of Atuona. We asked in a
letter to the High Commissioner Mr. Jean Aribaud to verify the
text of this fax, since the Chief gendarme Mr. Cotiche refused us
a copy of the original.
2. The decision of Wednesday, April 24, 1996 of the senators and
territory governement, nullified the obligation to posses a round
trip ticket or to pay the return ticket bond for European
voyagers to French Polynesia.
3. The case of Mr. van Drunen, decision of the tribunal
Administratif of Papeete of October 26, 1993. We sent a copy of
this decision to you with our letter of November 19, 1998. You
can read in the court decision that Mr. van Drunen, Dutch
citizen, was exempt from obtaining a Visa following the terms of
international agreements linking France to the EC member
countries. Furthermore, he has entered French Polynesia without
ever having to pay the repatriement bond. The necessity of paying
this bond was never mentioned.
You declare on page 1, line 23-25 of your letter of February 9,
1999, that:"European tourists actually having the
three-month Visa may solicit in advance the extension of this
stay to a maximum of six months."
Your behavior is, since over 5 years, clearly in conflict with
the decision of the Tribunal Administratif of Papeete of 26
October 1993 and also in infraction with European laws. The
Tribunale Administratif of Papeete already decided that the
treaties and laws of Europe were valid for French Polynesia in
1993. And now you wish us to believe in your letter, page two,
lines 3-5, that they do not apply in 1999?
We don’t know the legal punishment for an individual who
ignores the court decisions of the Tribunal Administratif and
international laws for over 5 years and we now have the
impression that the High Commissioner of the Republic in French
Polynesia is exempt from the obligation to follow either high
court decisions or the law.
Mr. Van Drunen, selling his tourist souvenirs and scultpures in
Hiva Oa, is in direct competition with the European citizens from
metropolitan France and of French Polynesia. We are pleased to
see that the laws of the common market were applied and respected
in his case, but we are very concerned to read in your letter
that you have not at all the intention of continuer to navigate
in this direction. On the contrary, your letter clearly showed
your anti-European spirit.
During our stay in Hiva Oa my wife and I were asked by Hapag
Lloyd to work as translators and touristic guides for the luxury
passenger liners "Europa" and "Columbus." In
both of these cases, we observed over 200 people from all
different European and non-European countries alight upon the
French Territory. Not one of them were asked by the gendarmerie
to show their passports. None of them had a return ticket, and no
one was asked to pay the bond. Why?
It is our opinion that the right of free circulation and free
establishment for all members of the European Union are civil
rights and not at all rights which can be refused by a privileged
"French Territory." The fact that you applied these
descriminatory laws aginst non-French Europeans indicates that
French Polynesia perhaps would like to seperate itself from
France, thus the European Union? Why not? French Polynesian
citizens merit their free choice to vote for or against
independence.
Besides, all European citizens merit a better protectin against
wasting their tax money by illegitimate profiteers of French
Polynesia.
Mr. Jeanjean, it seems to us that you would like to continue
receiving European financial support, all our economic advantages
and even profit from the Euro, but you reserve for yourself the
privilege to refuse to respect the European law.
As for specifying our intentions on the French Territory: we are
hardly in the category of "Non-Active European
citizens," who have sufficient resources to stay in
Polynesia without working. My wife and I are, au contraire, very
ACTIVE Europeans, as indicated by our website:
http://www.trans-ocean.org /Tahiti-bond
We intend to work publically and independently in our own
professions. We are respectively a computer engineer and Internet
consultant, and of course, are in direct competition with the
French citizens and companies on the Polynesian market.
We are not Marlon Brando, who can buy himself an entire island.
We have no intention of investing a great deal of money and it
seems both strange and unique in the EU, that your residency
permit is linked with financial investment or promise of
employment.
How much money does it cost to buy us Polynesian residency? Are
the prices different depending on which country you are from?
From Germany 118200 CFP ? For Americans 89000 CFP ?
We do intend to invest our know-how and offer our services on the
common market in French Polynesia: a Masters in Automation from
the French ISFATES and two Engineering diplomas from FHL and the
HTW in Germany for me, and a double diploma in French and
Humanities from UC Berkeley and the Sorbonne (Paris III) for
Erika. In addition, we are trilingual English/German/French with
excellent Spanish and good Danish as well. Please find our
detailed resumes on the
Internethttp://www.trans-ocean.org/PANGAEA
Please find enclosed a copy of our financial resources from
Citicorp and a copy of our health insurance contract with
Victoria.
Mr. Jeanjean, our request of January 27 1999 shows our intention
to obtain our Cartes de Sejour valid for a period of 5 years. We
would like once again to ask you to either extend my Carte de
Séjour No. 5700007951 for another 5 years or furnish me with a
new card.
In the mean time, we are leaving the French Republic. Please send
all further correspondence to:
Erika et Achim Ginsberg-Klemmt
Bantschowstr. 2, 22391 Hambourg , Allemagne.
Distinguished salutations,
Erika Ginsberg-Klemmt, Journaliste
Achim Klemmt, Ingénieur
Cc: Monsieur le Procureur de la République, Tribunal
Administratif de Papeete
Cc: Herr Dr.Goldschmidt, Ambassade de la République Fédérale
d'Allemagne, Paris
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