To: High Commissioners Office
of the Republic in French Polynesia
Monsieur Michel Jeanjean
Anaho, February 24,
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 youve received a copy. Its 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. Weve 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 dont 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.
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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