French Polynesia rejects nuclear compensation

Updated June 26, 2009 19:45:38

The courts in French Polynesia have rejected nearly half of the nuclear compensation claims filed by former workers of France's nuclear testing site in the Pacific.


Presenter: Campbell Cooney
Speakers: Roland Oldham, Association Muraroa E Tatou, Nic Maclellan, Swinburne University

COONEY: Of the eight cases appealing for compensation in the court in French Polynesia, five were brought by the families of former workers who had died, alledgedly from illnesses related to the radiation they'd been exposed to during the tests. But Roland Oldham, the President of Association Muroroa E Tatou, which represents former test site workers says Ethe court has only ruled on one case, finding in favour of the three older children of one former worker.

OLDHAM: It is a very bad bad joke, one million franc.

COONEY: That's pacific franc.

OLDHAM: Yes for the children.

COONEY: That's about 11-thousand dollars US per child

OLDHAM: Yeah that's right.

COONEY: Of the remaining 7 cases, three have been dismissed from the court. Two of those are surviving test site workers. The other four have been admitted by the court, and the people represented in those cases, will have to undergo further, court approved testing, to find out if the illnesses they claim to be suffering from, or which led to the death of their spouse, or parent, can be linked to the testing. Nic Maclellan is a Researcher and Journalist focussing on Pacific issues, and is the co author of "After Muroroa, France in the South Pacific". He says from reading the judgment it's clear those whose cases have been disallowed, were unable to prove they worked on the tests.

MACLELLAN: They also highlight the difficult problem facing former Muraroa workers who worked there between the 1960's and 1990's to provide the documentary proof that's needed in this sort of legal challenge. The Americans have a system where they automatically recognise that people with certain types of illness should be compensated, in the French case and in the British case we've just seen before the High Court, it's up to the veterans.

COONEY: The ruling by the French Polynesia Labour Court comes in the same week the French Parliament in Paris is debating the Nuclear Compenstion bill. And that debate is happening just a week ahead of the anniversary of the first nuclear test in the Pacific, conducted in the 60s. While French Polynesia's court has dismissed half of the compensation cases before it, Nic Maclellan believs when that legislation becomes law, those seeking compensation in French Polynesia might find it easier.

MACLELLAN: One of the major elements of that law maybe to reverse the burden of proof. The other key question is about the level of medical detail that is needed to prove one's illness, one's cancer was caused by ionising radiation. But there's still a long way to go with the French law, the law before the parliament will only cover workers and military personnel who staffed the nuclear test sites. There's also a major stumbling block about the threshold for radiation exposure. As yet the French government hasn't clarified what level of exposure a worker would have to get to get compensation.

COONEY: While it hasn't given up hope Association Muroroa E Tatou's disappointed with what it says it says is a lack of support for thae cause from the territory's government. In the past two and a half year's it's changed at least four times, and Association President Roland Oldham says the country's politicians have shown more interest in ensuring their success, than looking after their constituents.