Event

Changed Circumstances Petition, 2000

The Marshall Islands government's request to the U.S. Congress in September 2000 for about $3.3 billion more; the U.S. administration rejected it in 2004.

3 links, 3 backed by primary records

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Dates
Sep 2000 – 2005

Connections 3

involved

  • Government of the Marshall Islands asked Congress for about $3.3 billion over 50 years; still claims about $3 billion Primary record 12
  • United States government an interagency report of November 2004 rejected it; in 2023 it said the compact and tribunal are the full settlement Primary record 123
  • U.S. Congress received the petition; has not acted on it; did not hear Chiyoko Tamayose Primary record 134
Timeline 1 date
  1. Sep 2000 – 2005 Changed Circumstances Petition, 2000
Proof 4 sources
  1. Republic of the Marshall Islands Changed Circumstances Petition to Congress (CRS report RL32811, updated 30 August 2005), Congressional Research Service, U.S. Library of Congress, 30 Aug 2005. Primary record
    In September 2000, the Marshall Islands government submitted to the United States Congress a Changed Circumstances Petition requesting additional compensation
    if such injuries rendered the provisions of the Compact "manifestly inadequate."
    The Petition argues that "new and additional" information since the enactment of the Compact -- such as a wider extent of radioactive fallout than previously known or disclosed and more recent radiation protection standards -- constitute "changed circumstances."
    requesting, over a 50-year period, approximately $3.3 billion for personal injuries, property damages, medical care and training, and radiological monitoring
    They add that a large proportion of the expenditures noted in the Administration report supported U.S. government research into the effects of radiation upon human beings and the environment and benefitted U.S. interests, but did not directly benefit communities affected by the nuclear testing.
    The Thornburgh report concluded that the Tribunal: fulfilled the basic functions contemplated by the U.S. Congress and the Marshall Islands legislature
    the Marshall Islands' request does not qualify as "changed circumstances" within the meaning of Article IX of the nuclear claims settlement agreement
    The report suggests that the NCT granted personal injury awards too liberally.
    The weight of expert scientific evidence indicates that the present impact of radioactive fallout on the Marshall Islands is limited to the northerly atolls and islands
    between 1954 and 2004, the United States spent over $500 million on nuclear test compensation and related assistance in the Marshall Islands.
    In March 2002, the Senate Energy and Natural Resources Committee and House Resources Committee requested that an interagency group (U.S. Departments of State, Energy, and Defense) evaluate the petition
  2. U.S. Formalizes Agreements With the Marshall Islands (Chris Rostampour), Arms Control Today, Arms Control Association, Nov 2023. Scholarship & press
    But the Marshallese do not consider the tribunal to be fully adjourned and claim roughly $3 billion in “uncompensated damages.”
    The United States asserts that the compact and the tribunal “constitute the full settlement of all claims, past, present, and future, of the government, citizens and nationals of the Marshall Islands related to the nuclear testing program.”
    draft legislation submitted to Congress shows that the package includes $700 million to underwrite a new Marshall Islands trust fund
  3. Report of the Special Rapporteur on hazardous substances and wastes, Calin Georgescu, Addendum: Mission to the Marshall Islands and the United States of America (A/HRC/21/48/Add.1), United Nations Human Rights Council, 3 Sep 2012. Primary record
    Efforts made by the Government of the United States of America deserve commendation, as some $600 million has been spent in various technical programmes.
    To date, Congress has not acted on the petition.
  4. A Survivor's Warning on Nuclear Contamination (Zohl de Ishtar), reading Lijon Eknilang's statement to the Tenth International Women and Health Meeting, Delhi, September 2005, Charter for Compassion (from Pacific Ecologist, 2006-07), Sep 2005. Self-published Archived copy
    Unfortunately Chiyoko was never given a chance to tell her story and her trip was wasted.
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