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Attempt to clear claims
While the ideal situation
will be to have all land damage claims resolved by the time
the US Congress considers the RMI’s petition for additional
nuclear test compensation, the chairman of the Nuclear
Claims Tribunal acknowledges that this may be difficult to
accomplish.
Chairman James Plasman said
that it took nearly 10 years to complete the land case for
Enewetak that was initially filed in the early 1990s. The
Tribunal no longer has the same level of resources to spend
on each of the new cases, he added.
And although the Enewetak
and Bikini cases have been completed, how much they will
help streamline the review of the new, incoming claims
remains a question mark because there are significant
differences in the situations of the two former nuclear test
sites and most of the other islands.
“The cases of Bikini and
Enewetak are different from others because people were moved
by the US government and didn’t have the issue of people
residing on (contaminated) land,” he said this week.
Now that the Tribunal has
received indications that 15 or more islands and atolls
intend to file land claims, the Tribunal is discussing
possible administrative processes to handle the new claims,
Plasman said.
The work needed to
accomplish a thorough review of the claims requires a
significant amount of time in part because there are only a
few international experts who are qualified to appraise land
damaged by nuclear test fallout that also has the unique
characteristics of the RMI, he said.
“We want our decisions to
be based on as complete a record as possible,” he said. “If
there is to be additional compensation, the record needs to
be complete so that people understand that we’re not just a
kangaroo court making up numbers.”
‘The money is running out’
Whether or not the Tribunal
will make an annual compensation payment this October is a
decision that will not be made until September at the
earliest, according to Tribunal chairman James Plasman.
“If there is an annual
payment, it will take into account the level of resources
(the Tribunal has available),” Plasman said.
As of June 30, the
Tribunal’s nuclear investment fund stood at just $5.1
million (it started at $150 million in 1987).
“It’s no secret that the
money is running out,” he said.
The Tribunal will be discussing the possibility of an annual
payment next month, he indicated.
Tribunal records mass
filing for all RMI islands
People representing most
islands and atolls in the northern Ratak and Ralik have
filed notices with the Nuclear Claims Tribunal that they
intend to file land damage claims — and just in case any
island was left out, Attorney General Atbi Riklon filed a
notice minutes before the deadline expired Friday July 30
saying it was the AG’s intention to file claims for every
island in the RMI.
He included Bikini,
Enewetak, Rongelap, Utrik and Ailuk — which have already
filed their own claims — and also the unpopulated atolls of
Erikub, Jemo, Bikar, Bokak and Toke, in addition to all
other inhabited atolls.
The Tribunal last month announced that anyone or group
planning to file a land damage claim with the Tribunal was
required to give notice by July 30, and to file the claims
by August 31.
Many of the atolls had more
than one person announcing their intention to file claims.
At Likiep, for example, San
Francisco-based attorney James P. Walsh of the firm Davis
Wright Tremaine filed a notice saying that Donald Capelle
and others planned to bring a class action suit for property
damage. Separately, Tony deBrum and Orlando deBrum filed a
similar notice, with authorization from the deBrum family to
be its representatives.
Other islands with two or
more people indicating their intention to file claims:
• Mejit: Mayor Tommy Keju filed a notice, as did Dr. Masao
Korean together with Tony deBrum.
• Kwajalein, Lib and
Ailinglaplap: Tony deBrum filed a notice representing Iroijs
Imata Kabua and Anjua Loeak, and separately Ebeye-based
trial assistant also filed a notice with the Tribunal.
• Wotho: Tony deBrum filed
a notice representing Iroijs Imata Kabua and Anjua Loeak,
Jack Akeang filed notice, as did Mayor Melvin Majmeto and
Senator Fountain Inok.
• Lae: Tony deBrum filed a
notice representing Iroijs Imata Kabua and Anjua Loeak,
while Jack Akeang filed, as did Mayor Charles deBrum.
Other islands that also
filed notice:
• Wotje: Iroij Rimios Hermious and Mayor Langwoj Lakjohn.
• Erikub: Iroijs Rimios Hermious and Litokwa Tomeing.
Maloelap: Bearson Bulles.
• Jemo: Leonard deBrum.
• Jabot: Jack Akeang.
• Ujae and Namu: Tony deBrum filed a notice representing
Iroijs Imata Kabua and Anjua Loeak. |
