Recent studies undermine US official position


From The Marshall Islands Journal
July 15, 2005

 
By GIFF JOHNSON

The US government’s ability to maintain its position that there are no “changed circumstances” is rapidly unravelling, Rongelap Atoll’s attorney told the Journal this week.

Attorney Howard Hills said the US National Cancer Institute’s recent study predicting that half of the expected cancers are still to come, combined with latest National Academy of Science’s report that even low doses of radiation are harmful has undermined the US government’s position that nothing has changed since the early 1980s when the first agreement was approved.
Hills, based in the US, was here for two days of strategy meetings with Rongelap leadership and the community last weekend.

“If the Marshall Islands knew in 1982 (when the Compact’s nuclear compensation was negotiated) what we know now, it wouldn’t have accepted the 177 agreement,” Hills said.

But Hills said that the these studies open new opportunities for cooperation among all parties in the RMI — the government, the four atolls and those atolls and islands that want to be recognized as exposed by the US.
In the past, the four atolls were seen in “competition” with the other islands, so that the success of one was considered to be to the detriment of other islands, he said.

Today there’s been a huge change that “enables the RMI to take off the gloves to work as hard as it can with the four atolls (and the other islands),” he said.

“If the four atolls are successful in the Tribunal, the Congress or the US courts, it will open the doors for the other atolls,” Hills said. “We’re not competing interests. Our successes are tied together.”

A prime reason for this is that the NCI study confirms that cancers from the nuclear tests are expected throughout the Marshall Islands.

He said the State Department has attempted to make the case to the US Congress that the issue is simple. “The State Department’s position is it’s simple because it’s over,” Hills said. But the hearing before the House of Representatives in late May made it clear that it’s not over, he said.
“Will the US honor the integrity of the NCI report and recognize there are changed circumstances?” Hills asked. “I hope it will.”

Hills said that if the RMI plays its cards right and the US honors the NCI study conclusions, “there is the potential for a mutually satisfactory agreement.”
He thinks that because of the import of the NCI report, the RMI and US could achieve a political agreement on health care issues. But he believes that the issues raised by the Tribunal’s approved land awards are too big for a political settlement by the Congress, and would more logically be referred to the US courts for review and resolution.

“We’d like to see a political agreement on a legal solution,” he said, adding that everyone hopes to avoid a legal showdown.