Compensation for the People of Rongelap and Utirik - a Report by the Special Joint Committee Concerning Rongelap & Utirik Atolls to the Fifth Congress of Micronesia

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PEOPLE OF RONGELAP AND UTlRlK L4AThe Special Joint Committee Concerning Rongelap and Utirik Atolls Fifth Congress of Micronesia

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Compensation for the People of Rongelap and Uti rik The Special Joint Committee Concerning Rongelap and Uti rik Atolls Fifth Congress of Micronesia Second Regulsr Session, February 28, 1974

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reading in his hospital bed at Beth esda, Maryland. 3 t the bedside of body in casket before final journey home.

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CONGRESS OF MICRONESIA SAIPAN, MARIANA ISLANDS 96950 SPECIAL JOINT COMMITTEE February 28, 1974 CONCERNING RONG E LAP & Senator Olymp lo T. Borja. Chatrrnan Representative Tl moth y Olkerlil The Honorable Tosiwo Nakayama President of the Senate Congress of Micronesia Repremntative Atajl Balos The Honorable Bethwel Henry Speaker ofthe House of Representatives Congress of Micronesia Pursuant to House Joint Resolution No. 73, adopted by the First Regular Session of the Fifth Congress of Micronesia, your Special Joint Committee Concern ing Rongelap and Uti rik Atolls,herewith presents its reports to the Congress on compensation for the people of the aforesaid atolls. This document represents the third report by your Committee tothe Congress of Micronesia. The first report, as required by P.L. 4C-33 was presented to the Presiding Officers of the Congress on May 16, 1972. This interim report presented some of the Committee's findings to. that date and outlined its future R- s. report on Medical Aspects of the Incident of March 1, 1954 was presented to the First Regular Session of the Fifth Congress in February 1973 . As recommended, this report has also been summarized and translated into the Marshallese language and will be distributed to the people of Rongelap and Uti rik. The report, which we submit now, deals aspects of Do ssi ble compensation for these people who w se irradiated,dislocated, and certain of whom havg suffered illness and other affects from their experience of nearly 20 years ago. Accordance with its previous report,this report also make certain recommendations which it feels are both practical and reasonable, With which w e hope the people o f Rongelap and Uti rik and the members of this Congress will agree and will find satisfactory.

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The Committee also wishee to note that a great majority of past recommendations have been carried out, and that at present there appears to be greater confidence by the Rongelapese and Utirikwe in-the validity of the ~-mnualmedical examinations to which theg are ou hj ec ted. from the United States Government, most particularly the Brookhaven National Laboratory and the Atomic Energy Commission in supporting in a substantive way suggestions made by the Committee and also P.L. 5-52 which was enacted by the First Regular Session of the Fifth Congress. Furthermore, there have been encouraging responses The Cod tte e also wishes to draw attention to the excellent cooperation it has received not only from such departments of the Executive Branch as Health Services and the Office of the Attorney General,but also from the people of Uti rik and Rongelap. It is the belief that the intent of its recommendations were t o be carried out,that the reason for its own existence will cease, and that in the future even though the committee will continue with March 31, 1975 - other problems or complications with regard to this matter can be handled by the people themselves and at the district level. t o monitor the situation It is thus,with this intent in mind, that your Special Joint Cormnittee submits this report. Representative Timothy Ol keri il

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TABLE OF CONTENTS Letter of Transmittal Table of Contents Chairman Borja ' s Speech PAST COMPENSATION - JAPAN PAST COMPENSATION - RONGELAP AND UTIRIK Loss of Personal Possessions................g Compensation for Rongelapese ................12 Other Forms of Compensation ................ 23 Responsibility for the 1954 Incident............ 26 Areas of Compensation .................... 28 Psychological Effects of 1954 Incident........... 29 Compensation - More o r Less Dependence, Disruption..... 35

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11 Questions from Past Report ................ IV Reply of AEC Regarding Certain Suggestions ........

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REIMS BY SENATOR BORJA RON G ELAP /UT I R IK COHPEN SAT I ON :?R. PILESIDENT AND PlEPlBEIiS OF TIIE SENATE. TWE;?ITY YEARS AGO YESTERDAY, ONE OF THE 1IORE UNFORTUNATE INCIDENTS I N THE HISTORY OF MANKIND HAPPENED. AND TO ADD TO T H I S MISFORTUNE, THE INCIDENT IIAPPEITED TO NORE TIAN TWO HUNDREI) MICRONESIANS WHO WEFE FROM THE ISLANDS OF RONGELAP AND UTI RIK IN THE PIARSllALL ON MARCH 1, 1954 THE UXITED STATES OF AHERICA EXPLODED ON B I K I N I POWERFUL DEVICE EVER DETONATED BY Em. I T WAS EQUIVhLENT TO MORE T I I M 30,000,000,000 POUNDS OF DYNAMITE. FURTIIER?lOP?, SINCE THE DEVICE WAS A “NUCLEAR” WEAPON, THE PRODUCTS OF THE EXPLOSION WERE HIcIl1LY RADIOWHAT HAPPENED AS A RESULT OF TILIT EX’LOSION I S A MATTER OF HISTORY AND ALSO A HATTER OF RECORD AS STATED I N A REPORT BY THE ADOPTED BY THIS CONGRESS LAST YEAR. ON A THEORETICN. BASIS, i.lR. PRESIDENT, I T I S VERY EASY TO SYMPATHIZE WITH THOSE PEOPLE WHO WERE AFFECTED. HOWEVER, I !JISH TO NOTE THAT AS ClIAIRMAN OF THE SPEC IN.JOINT COMMITTEE AFTER HAVING REVIEWED ALL TIIE >UTERIALS; AND AFTER HAVING SEEN PHOTOGRAPIIS OF THE

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DESCRIBE, A'ID TIE ONLY WAY ALL OF US CAN APPR0XI:UTELY UNDERSTmD THIS FEEL I F OUR SON O R DAUGHTER WERE TO D I E AS TIIE RESULT OF TIIE NEGLIGENCE ;a.PRESIDEXT, I COULD GO ON AND ON AEOUT THIS SUCJECT. I COULD GO INTO GREAT DETAIL I N DBSCRIBII?G THE PllOTOGRAl'lIS OF THE NEGLIGENCE, AND i.iOST POIGNAXTLY I COULD DESCRIBE I N GRCAT DETAIL HOWEVER, KR. PRESIDENT, ITIS NOT IIY DUTY TO SPEAK OF U U SPEm LE E4OTIONS. I T I S EN DUTY, AS CIIAIDIILU OF TILE SPECIAL JOINT COPl!,lITTEE INNOCENT DKOTIIERS AND SISTERS. NEARLY TWO YEARS AGO, THE FOURTH CONGRESS OF ?fICRONESIA SAW FIT TO CREATE 9Y EYACTXLIJT OF E'UELIC LAIJ NO. 4C-33, A SPECIAL JOINT COMMITTEE CONCERNING ROXGELAP AND UTIRIK ATOLLS. AND UTIRIKESE , AND COMPENSATION FOR THOSE PEOPLE, WE lL4VE FULFILLED TIIE FIRST PART OF THE !,WIDATE BY SUBMISSION OF OUR REP0P.T A YEAR Am; AND I*JE NOW CONCLUDE TIiE REX A IN ING PART OF THAT LMDATE BY SU?X~IZSSION PRIVACY ACT MATERIAL REMOVED

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OF TIE p,EPORT \ WCHI PRESEXT TO THE SENATE TODAY. IN THIS CO;mECTION, I WISH TO STATE THAT I AND THE REST OF THE ME.'I.IBERS OF THE COMMITTEE ARE GRATEFUL TO THIS CONGRESS FOR THE APPROPRIATIONS WHICH I T HAS APPROVED OUT THE WORK OF THE CONM.TTEE. AND UTIRIK MIGHT NEVER HAW BEEN JUSTLY RECOGNIZED AND TREATED FOR THE WRONGS WHICH WERE DONE TO THDl. WITHOUT THEPl, THE.. PEOPLE OF RONGELAP NR. PRESIDENT, I T I S A SAD BUT TRUE FACT THAT CONPENSATION FOR THESE PEOPLE CAN NEVEK MAKE THEX "WHOLE" AGAIN. BEEN COMMITTED CAN NEVER BE ERASED BY BETTER NEDICAL TREADLENT, OR EVEN TUE PAFfENT OF MONEY. HOWEVER, COMPENSATION CAN ATTalF'T TO DO UPON THESE PEOPLE. WHAT WRONG HAS YOUR COPMITTEE HAS MADE RECOPiMENDATIONS TO COMPENSATE THESE PEOPLE. THESE RECOPiMENDATIONS INVOLVE NOT HUGE SUNS OF MONEY, BUT RELATIVELY SMALL SUPIS OF MONEY. IN FACT, IJE ARE XECOIPENDING I S PROBABLY MUCH LESS THAN THE COST OF BUILDING THE BOMB IJHICH HAS CAUSED SO MUCH MISERY AND SUFFERING TO THE PEOPLE, RECOMMENDED COMPENSATION FOR FOUR DIFFERENT AREAS. WHO DIED AT THE AGE1. MONEY FOR THE PARENTS OF 2. MONEY FOR THOSE PEOPLE WHO HAVE HAL) OPERATIONS DUE TO 3 . MONEY FOR THE UTIRIKESE FOR THEIR DISLOCATION AND EXPOSURE. PRIVACY ACT MATERIAL REMOVED

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AND NUMBER FOUR, MR. PRESIDENT, WE ARE RECOPPlENDING THAT THE ADMINISTERING AUTHORITY ESTABLISH PERMANENT mMDS FOR THE ISLANDS OF RONGELAP AND UTIRIK I N THE AMOUNT OF $25,000 TO BE USED FOR COXMUNITY PROJECTS AND WHAT PORTION THE PEOPLE USE EACH YEAR WILL BE R!IPLACED THE NEXT YEAR SO TIIAT $25,000 \JILL ALWAYS BE AVAILABLE TO THESE PEOPLE FOR THEIR USE. THIS LAST STEP WAS DECIDED UPON AmER REVIEWING TIlE VARIOUS POSSIBILITIES. I T HAS NOW BEEN 20 YEARS SINCE THE INCIDENT OCCURRED AND I T I S PERHAPS TOO LATE TO DISCOVER EXACTLY WHAT K I N D OF DAMAGE WAS DONE BY THE FALLOUT TO THE ISLANDS, AND b!ATER OF THE TWO ATOLLS. HOWEVER, WE FEEL THAT THE ESTADLISHIENT OF THESE FUNDS \JILL HELP TO COMPENSATE THE PEOPLE FOR WHAT DAMAGE HAS BEEN DONE: THAT I T WILL NOT CREATE DEPENDEKCY--WHICH COMPENSATION TENDS TO DO WHICH I S THE ANTITHESIS OF THE INTENT OF COFPENSATION; AND THAT I T WILL ENCOURAGE THOSE WHO HAVE LEFT THESE IS UV DS TO RETURN PTRs PE SIDENT, WE ARE NOT SUGGESTING THAT MILLIONS AND MILLIONS OF DOLLARS BE GIWN TO THESE PEOPLE. I WOULD GUAGE ARE MINIMUM DDIANDS. FIGURES TO BE NEGOTIATED UPON. TION I N THIS CASE. THE FACTS ARE CLEAR. THE PEOPLE WERE INJURED. THE UNITED STATES I S RESPONSIBLE. TO THESE PEOPLE. \EARE SUGGESTING FIGURES WHICH WE ARE NOT RECOEMENDINC: INFLATED WE FAIL TO SEE ANY MERIT I N NECOTIATHE UNITED STATES THUS MUST DO JUSTICE HOWEVER, I N THE EVENT THAT THE UNITED STATES DOES NOT WISH TO

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OF MICRONESIA IiAD THE FORESIGHT TO EXTEND THE LIFE OF THIS CO!QlITTEE UNTIL MARCH 1975, AND IiOPEFULLY WILL PROVIDE ADDITIONAL FUNDS FOR IT THIS SESSION, IJE \JILL S E ABLE TO TAKE SUCH ACTION AS IJE FEEL I S NECESSARY TO CRING T H I S HATTER TO TIIE ATTENTION OF THE UNITED STATES A?iD TlE COURT OF ITORLD OP IN ON, SHOULD THE U.S. COVER!'FIENT SOXEHOW TRY LASTLY, I WOULD LIKE TO i-IENTION THAT YOUR COXNITTEE HAS SPENT UNFORTUNATE T'HAT WE HAVE HAD TO USE TAXPAYER'S XONEY TO STUDY A PROBLE1.I CREATED BY TIE UNITED STATES. HOWEVER, I BELIEVE I T IihS BEEN MONEY WELL SPENT, FOR AT PRESENT TIIE TRUST TEPAITORY I S NOW NEGOTIATING WHICH WAS ENACTED LAST YEAR, AND ALSO TO PROVIDE THE ORICI?IAL4 "INCONVENIFNCE" PAYLENT TO THE UTIRIKESE. ITIS TIIE SENSE OF THE COMMITTEE, THAT I F OUR RECOMMENDATIONS FOR EXISTENCE OF THE CONFlITTEE WILL CEASE. WE ARE ENCOURAGED BY TION, AND ASSISTANCE ANE SUPPORT FOR T€IESE PEOPLE FROM THE TRUST TERRITORY ADMINISTPJITION . IJF, HOPE THAT EVEPJTUALLY ANY FURTHER PROBLEMS WILL RE ABLE TO RE HLYDLED AT THE DISTRICT LEVEL, AND THAT I N THE F"Um SHOULD THIS MATTER DEMAND THE ATTENTION OF THIS CONGRESS, THAT THE

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GROUND NORK FOR SUCil ACTION A f i VE FLCL TINT VE WILL HAVE BEEX QUITE SUCCESSFUL I F I N THE FUTURE THE PEOPLE WILL i3E SATISFIED HOWEVER, MK. PRESIDENT, I T FEEL ITIS TIIlE USED TO A VEXY GOOD YEAR OLD YOUTH PRIVACY ACT MATERIAL REMOVED

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Extending the l i f e of the Special Joint Comittee Concerning Xongelap and Utirik Atolls. tTi ? US, under Public Law 1.10. 4C-33 as efiacted by the Second Begdar Session of the Fourth Congress of liicronesia a Special Joint Cornittee Concerning Rongelap and Utirik Atolls WZS created and given the mandate, among other things, t o investigate the results of irradiation on the people of Rougelap and Utirik Atolls inthe Marshall Islands District; and i?HZREAS, the s a i d Special Joint Committee ConcerniG Rongdap and Utirilc Atolls submitted to this First Pegular Session of the Fifth Congress of i,iicronesia a report containing its finclings and recoimnending additional natters that this Congress should further investigate; now, theref ore, BE I T PSSOLVED by the 'douse of Representatives of the Fifth Congress o f blicronesia, First Fegular Session, 1973, the Senate concarring, that the life of the Special Joint Comittee rancerning Rongelap and Utirik Atolls as created by Public Law No. 4C-33 is hereby extended until ?larch 30, 1975. s h a l l have the same functions, duties, powers, and responsihilities as specified by Sections 3 and 4 of Public Z;w Xo. 4C-33; s h a l l have the same Comittee membership and composition; and shali, i f i addition, have powers and responsibilities t o investigate the question of coinpensation for property damage t o the islands and a t o l l s and peoples thereof, and any other and related matters The said Special Committee

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1 the Comittee deems necessary, proper, or appropriate. The 2 Committee shall have any and a l l rights, privileges, ana powers 3 as granted any other cornittee of the Congress o f Micronesia. 4 The Cornittee shall subrnit its findings and recomxendations on 5 or before the Second I?cgdar Session of the Fifth Congress of 6 Micronesia i n January, 1974; and C Joint Resolution be transnitted to th2 nembers and Chairin of BC IT FURTHER PXSOLVED that certified copies of this ;louse the Special Joint Committee Concerning Rongelap and Utirik as 10 created ucder Public Law 4C-33, and to the ::ouse Speaker and 11 Seaate President of the Congress or' Micror.esia, ai16 t o the liigh

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FOREWORD BY THE COMMITTEE Public Law 4C-33 which was enacted by the Congress of Micronesia during the Second Regular Session of the Fourth Congress spelled out two genera l areas or mandates for the Committee t o work on and study. "TO in sure that(the people of Rongelap and Uti rik Atolls) should receive the best medical treatment available (and to this end)shall attempt to secure any and all medical assistance and aid for the people ... from whatever source possible, and ' I...that these people should also receive compensation for the injuries which they have suffered(and to this end the Committee) shall attempt too bts in compensation for the people of Rongelap and Uti rik Atolls for the injuries they have suffered due t o exposure to irradiation. " The first part of the Committee's mandate was fulfilled by submission o f "A Report on Rongelap and Uti rik to the Congress of Ni crones i a, Medical Aspects of the Incident of March 1, 1954 by the Special Joint Committee Concerning Rongelap and Uti rik Atolls " , and also bjr the recommendations which it contained. The report detailed the subject incident and other related information.Also,through the efforts of the Committee, four special medical consultants from Japan,Great Britain, and the United States participated in the 1973 examination and submitted their generally positive findings to the Committee. The intent of P.L. 4C-33 was extended by House Joint Resolution No, t3 as adopted by the First Regular Session of the Fifth Congress of Micronesia, and allowed the Committee the time to prepare this report on Compensation. Regarding this area,the Committee wishes to note that at the time of the tory of the Pacific Islands and the Atomic Energy Commission t o bri- about

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consummation o f an agreement to pro vine for support of P.L. 5-52 under the heading of research - related activities of the AEC, and also to provide the payment of $18,212 i n ''inconvenience'' money (increased from $16,000) tothe exposed and dislocated Uti rike se, which was first offered by It isthe hope ofthe Committee that both of these arrangements Kill be it or the situation and will take such steps as it see5fit with regard to this matter. The Joint Committee wishes to …