Transcript
With 39 votes to 15, the assembly in Tahiti passed a new mining code which according to the government means environmental protection as well as access to additional revenue for local communities.
But environmentalists are alarmed that much of the raised atoll of Makatea could now be dug up.
The Opposition says the new mining code is flawed for weakening property rights of both individuals and French Polynesia as a whole.
In the debate preceding the vote, Angelo Frebault of the ruling Tapura Huiraatira party, dismissed the Opposition claims.
"It's not a question of overturning ownership of private land through a mining authorisation of the government."
The minister responsible for mining, Tearii Alpha, also assured the assembly that property rights won't be affected by the mining law.
His assembly colleague, Luc Faatau, added that mining code at last offered protection.
"We are here as those responsible for managing our heritage and it's not the question of touching the rights of the owners. That's what we want and it's not at the UN where we get that protection, but here where we get it."
The reference to the UN was in response to the Opposition's Richard Tuheiava.
He pointed out the mining code stipulates that a mining concession holder can be forced to cede so-called strategic resources to the French state, which is the administrative power.
Mr Tuheiava said the assembly should not vote away French Polynesia's entitlements, which had been confirmed by the UN.
"A resolution that calls on France to recognise the people of French Polynesia's permanent sovereignty over the totality of its resources - be they in mining and others."
In June, a Guam-based human rights lawyer warned that France risked being taken to the International Court of Justice if it failed to honour its binding international obligations.
Julian Aguon referred to France being party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.
He said a precedent was set by the International Court of Justice when it ruled in favour of Nauru which challenged Australia for breaching trusteeship obligations over phosphate mining.
John Toromana, of the ruling Tapura, told the assembly that protections are in place as not to see a repeat of the environmental destruction seen on Nauru which he described as a stone desert.
"That's not what we want for the island of Makatea where the prospecting licences granted so far have brought to light potential deposits of 6.5 million tonnes of phosphate for an exploitation phase of 27 years."
A mining licence is yet to be issued to Avenir Makatea but in the meantime Mr Tuheiava wants to test the law in France's highest administrative court to see if the rights of the indigenous people are being infringed.
