International Asbestos Conference For Fair And Equal Compensation For All Asbestos Victims And Their Families
Table of Contents
Introduction
Session 1: Current Status Of Asbestos-Related Diseases In Japan
Session 2: Asbestos Compensation In Europe
Session 3: International Asbestos Issues: Epidemiology, Legislation and Victims' Rights
Session 4: Taking Action On Japan's Epidemic Of Asbestos-Related Diseases
Session 5: Non-Occupational And Environmental Asbestos Exposures
Session 6: Question & Answer Session
Session 7: Concluding Thoughts
Appendix
Session 6: Question & Answer Session
The final sessions of the conference were allocated for discussion. The informative presentations stimulated a wide range of questions and debate on a variety of subjects including:
6.1 Medical Q & A
- The importance of national statistics to identify mesothelioma sufferers and accurately document the impact of this disease was highlighted. The successful implementation of a new Japanese system to register mesothelioma cases and conduct epidemiological research will rely on the cooperation of government and private stakeholders including patient groups.
- Multiple diagnostic approaches should be used for people who have symptoms of asbestos-related diseases, however, concern was expressed by Italian expert Professor Benedetto Terracini that attempts to screen those who are asymptomatic could lead to many false positive results.
- The ongoing integration of Japanese municipalities will affect data collection as several townships are being incorporated into one municipality. This could effect the collection of comparative data.
- An information vacuum on where various types of asbestos and asbestos-containing products have been used in Japan constitutes an ongoing health risk. For example, sprayed asbestos was widely used throughout Japan and there is no list of where it was used. Although asbestos audits have been conducted in some public buildings, this is the exception.
- Recycling of waste is a common practice; unfortunately, this can include the recycling of asbestos-contaminated waste. Disposal of asbestos-contaminated waste is problematic; dump sites can be contaminated as there is little enforcement of regulations. In Japan, disposal sites are sometimes sited in the middle of towns as there are no regulations which specify where they should be located.
6.2 Compensation Q & A
Three themes were explored:
Theme 1 - Levels of Compensation
- Acknowledging that no sum of money can compensate a patient for his/her suffering, nevertheless the thorny issue of allocating an equitable sum for compensation remains. The new Japanese Asbestos Relief Law excludes compensation for asbestosis and pleural plaques. People with all asbestos-related conditions should be given access to periodic and free health check-ups.
- A woman in the audience related her family's experience. For 18 years, they lived across from the Kubota factory; in their building were 130 people. Her younger brother died from lung cancer; initially the Kubota Corporation refused to recognize his death as asbestos-related. With the help of the Occupational Safety Center, this death was finally recognized. The speaker and her Mother have pleural plaques. Other residents who were exposed to asbestos have refused to have check-ups as they do not wish to know whether they have contracted an asbestos related condition.
- In the UK and Belgium, there is no compensation for pleural plaques. In the U.S., although it is technically possible to bring a personal injury lawsuit on behalf of someone with pleural plaques, these cases do not get to trial due to court backlogs of asbestos cancer cases.
- The expertise and equipment needed to diagnose mesothelioma and asbestos-related lung cancer in developing countries, such as India, is lacking. The development of simple and cheap diagnostic techniques is needed.
Theme 2 — Success of National Compensation Delivery Systems
- Strategies developed in the UK have improved the plight of asbestos victims including: the UK Forum of Asbestos Victims' Support Groups, the Parliamentary Asbestos Sub-Committee and the Fast-Track Procedure set up by Senior Master Whitaker in the Royal Courts of Justice which uses conference calls and emails to speed up the processing of claims.
- In Belgium, the Asbestos Fund set up in April 1, 2007 also uses the internet to speed up claims processing; a few cases have been settled within 4 weeks. However, only people with asbestosis or mesothelioma are eligible to make a claim under the Fund and the amounts paid out are smaller than Eternit previously paid as ex-gratia payments to asbestos-injured claimants. Furthermore, prior to receiving payment from the Fund, a claimant must grant immunity to the polluter. The Fund is, for the most part, financed by Belgian taxpayers and not negligent corporations; there is therefore little accountability in Belgium for asbestos poisoning.
- There is widespread criticism of FIVA, (the French Asbestos Fund) set up in 2002, which pays out much smaller sums then can be obtained through court action. In 2006, FIVA received 20,000 applications and recognized 13,000.
- In all cases where national asbestos schemes are in place, important issues can be hidden such as the negligence and responsibility of named companies. National judicial systems and compensation funds need to function in parallel. In Japan, the judicial system is not as effective at delivering compensation to asbestos claimants as those in other countries.
Theme 3 — Challenges for the Future
- There was a consensus that asbestos victims must make common cause with fellow sufferers in other countries. Many papers and documents currently available only in Japanese would be of great interest to non- Japanese speakers; it is hoped that some will be translated.
- Asbestos companies operated worldwide and the same companies were responsible for asbestos deaths in many countries. It is vital that an international perspective and action plan be adopted by victims in these countries to maximize the effectiveness of campaigning efforts to achieve compensation and restitution from corporate wrongdoers.
At the end of the discussion, a draft resolution, 2007 Yokohama Declaration for Fair and Equal Compensation for all Asbestos Victims and Their Families, was presented; after discussion the text was unanimously adopted by the delegates (Appendix). It stated that:
- "Asbestos is not solely an occupational problem; it is an urgent public health issue which needs immediate and coordinated action by international organizations, national governments and civil society.
- Equitable compensation for ALL asbestos victims, including those whose exposures were environmental, and their families should be provided in every country.
- The input of asbestos victims and their relatives must be considered in all discussions on remedial measures, proposed asbestos legislation and compensation procedures.
- To protect humankind, an immediate worldwide ban on asbestos is a top priority."