BULLETIN: Wongatha People declare sovereignty (http://www.glc.com.au/me_xx/20060320.htm)

Where are our human rights upheld without constitutional protection ?

SEE below what is available to protect the rights to life, liberty, security of the person,

and equality under the Canadian Constitution. Why isn't this done in South Australia ?

Mark Aberdeen on Tuesday, 28 June 2005 at 6:05 +0930 wrote:

6.     "Constitutional Right to Civil Legal Aid" is Goal of Lawsuit Filed by Canadian Bar AssociationOn June 20, 2005, the Canadian Bar Association (CBA) filed a lawsuit in British Columbia’s Supreme Court seeking to establish a province-wide constitutional right to civil legal aid for low-income individuals in the areas of family law, poverty law, and immigration and refugee law.  As the plaintiff in the case, the CBA argues that British Columbia’s failure to adequately fund civil legal aid violates the rule of law, substantive equality, and independence of the judiciary protected by the Canadian Constitution.  It also claims violations of the rights to life, liberty, security of the person, and equality under the Canadian Charter of Rights and Freedoms, and various rights under the Canadian Constitution Act.  Finally, it claims violations of various international treaty obligations, including the Universal Declaration of Human Rights, the American Declaration of the Rights and Duties of Man, the International Covenant on Civil and Political Rights, and others.  The CBA petitioned the court to require the federal and provincial governments "to establish and maintain a civil legal aid regime that ensures meaningful and effective access to justice for low-income individuals."  According to CBA President Susan McGrath, "Without legal aid, access to justice is meaningless, as many people cannot take advantage of their legal rights."  Canadian Bar Association, Press Release: CBA Launches Test Case to Challenge Constitutional Right to Civil Legal Aid (June 20, 2005) (on file with the Brennan Center); available at www.cba.org/CBA/News/2005_Releases/2005-06-20_legalaid.aspx; The Canadian Bar Association v. The Queen, Statement of Claim (British Columbia S.C., filed June 20, 2005), available at www.cba.org/CBA/News/pdf/statement_legalaid_jun05.pdf.  See also Legal Services E-lert of Mar. 4, 2005.

****************************************************************************

(eob)

______________

* Families of A-test 'guinea pigs' to suffer for generations

http://www.news.com.au/adelaidenow/story/0,22606,23070246-5006301,00.html?from=public_rss

CHARLES MIRANDA, LONDON CORRESPONDENT

January 18, 2008 12:10am

FAMILIES of Australian and British soldiers used as guinea pigs in nuclear testing programs 50 years ago will suffer health problems for up to 20 generations.

A  British parliamentary inquiry has been launched into the medical effects the nuclear testing program had on more than 20,000 servicemen, as 800 surviving veterans and their families mount a High Court challenge for compensation.

Early medical studies into testing at Maralinga in the South Australian Outback, Christmas Island and Monte Bello islands off the West Australian coast and other Pacific Islands including Kiribati, show veterans' children either died hideous deaths with multiple medical complaints or were 10 times more likely to have a deformity; their children's children were eight times more likely to have genetic defects and their children in turn were twice as likely to get cancer.

Even 20th-generation descendants of the victims would still face a 10 per cent greater risk of defects and cancer.

Last month, the British House of Commons cross-party inquiry acknowledged there had been health fallout from the radioactive tests and recommended an interim payment of $10,000 each be paid.

But 50 servicemen a year are dying from cancers and the British Ministry of Defence will this month launch a legal ploy in the High Court which could delay any compensation hearing until at least 2011.

Commercial litigation partner Clive Hyer, from London law firm Rosenblatt, told The Advertiser a bigger compensation payout was being sought but many would not be alive to receive a cent.

"The tactic employed by the MoD is legal but is somewhat immoral," he said.

"It's frustrating, in a sense.

"These servicemen were doing their bit for Queen and country and the MoD is saying they should have claimed compensation within three years of suffering any injury."

Mr Hyer anticipated the High Court would decide to allow a claim to be heard.

But arguments of limitations could delay the fight for years.

Former Royal Engineer Denis Shaw was involved in the nuclear clean-up on Christmas Island in 1958 and now suffers debilitating heart problems.

"It's disgraceful the MoD will acknowledge the danger they put us in and appalling they are denying us compensation," he said.

Mr Hyer said: "Some have cancers, others skin conditions, hair and teeth loss. Their families have suffered a high number of stillbirths, miscarriages.

"They are seriously annoyed and disappointed at how they are being treated."

British Prime Minister Gordon Brown last night said the Government recognised the sacrifice the servicemen made that ensured the Commonwealth was protected in the Cold War. But he did not admit a link between the nuclear program and poor health.

Successive Australian governments have maintained they had no legal obligation to pay compensation but the British parliamentary inquiry will give veterans ammunition to fight that.

New Zealand has begun paying compensation to veterans involved in the testing, as has the U.S. Government, which declared "no fault" but paid generous compensation.

More than 22,000 British, 14,000 Australian, 500 New Zealand and U.S., Canadian and Fijian servicemen were involved in 21 nuclear explosions in Australia between 1952 and 1958.

______________

"Nuclear Test Veterans: A cross-party Inquiry

8th November 2007 - Chairmen: John Baron MP & Dr Ian Gibson MP

...Mortality and Cancer Incidence 1952-98 in UK Participants in the UK Nuclear Weapons Tests and Experimental Programmes by Dr C. R. Muirhead et al. (2003)

Presentation by Dr David Lloyd and Dr Jill Meara

...The design of the NRPB does not consider those exposed to internal radiation. Dr Meara stated that it did not matter what type of radiation veterans were exposed to as the study examines incidences of cancer and death rates on the whole.

...British Nuclear Test Veterans’ Association/Green Audit Child Health Study by Dr Chris Busby, University of Liverpool (2007)

...it is impossible to judge the amount of contamination/fallout veterans were exposed to - not only generally, but in individual cases. He also spoke of risk caused by internal radiation which was not considered at the time. Radiation can be ingested by eating local food, drinking rain water, swimming and inhaling dust particles.

...evidence from the British Nuclear Test Veterans Association (BNTVA)

... The veterans suggest that their movements, while controlled during the blast, were not monitored afterwards. Veterans were free to move around the Island – drinking water, eating local fruits, swimming in the lagoons and breathing-in dust. All of this could have put veterans at risk of ingesting ionising radiation.

...Observations and judgements

...There is also little reason to believe that the effects of fallout on food and water supplies or lagoon water were anticipated and risks of contamination avoided.

...Recommendations

1) A new tribunal system

...We make further, more specific recommendations in Appendix 2.

...Appendix 2

...the benefit of the doubt should be shifted in favour of veterans in the following

key areas of concern:

· The presence and effects of fallout on equipment and the local environment,

and on the air, water and food to which servicemen might have been exposed

· Doses of internal radiation to which servicemen were subsequently exposed".

______________

http://www.ehponline.org/members/2006/8476/8476.html

Incidence of Leukemia, Lymphoma, and Multiple Myeloma in Czech Uranium Miners: A Case-Cohort Study

Vladimír Rericha 1, Michal Kulich,2 Robert Rericha,3 David L. Shore,4 and Dale P. Sandler5 ...

"In the past, radon was not considered a potential cause of leukemia because it was believed that most of its alpha activity was released in the respiratory tract. However, several authors (e.g., Henshaw et al. 1990; Richardson et al. 1991) have suggested that radon inhalation may deliver a non-negligible alpha radiation dose to bone marrow and thus increase leukemia risk. Inhaled radionuclides may transmit their alpha activity directly after reaching bone marrow via the blood stream. Because of its high solubility in fat, radon gas itself may concentrate in bone marrow fat cells and emit alpha particles to the surrounding hematopoietic stem cells (Allen et al. 1995). "

PER:

Patrick T. Byrt

e-mail: Patrick_Byrt@...

*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*

Join us in supporting the Journey of Healing by remembering the pain

of the Stolen Generations and of their families and communities left

behind, and tell them how sorry we are. Ask our Government to sit

down with the Stolen Generations to work out with them how to repair

the damage done, and ask fellow Australians to join together to help

with healing for us all. Please visit: http://sajoh.auspics.org.au

See also the Ngarrindjeri CANDLE LIGHT WALK on-line flyer at:

http://www.country-liberal-party.com/pages/adelaidemob.htm

*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*

HOSTING: members.ozemail.com.au/~rmclc/page

*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*

BULLETIN: Wongatha People declare sovereignty (http://www.glc.com.au/me_xx/20060320.htm)

Where are our human rights upheld without constitutional protection ?

SEE below what is available to protect the rights to life, liberty, security of the person,

and equality under the Canadian Constitution. Why isn't this done in South Australia ?

Mark Aberdeen on Tuesday, 28 June 2005 at 6:05 +0930 wrote:

6.     "Constitutional Right to Civil Legal Aid" is Goal of Lawsuit Filed by Canadian Bar AssociationOn June 20, 2005, the Canadian Bar Association (CBA) filed a lawsuit in British Columbia’s Supreme Court seeking to establish a province-wide constitutional right to civil legal aid for low-income individuals in the areas of family law, poverty law, and immigration and refugee law.  As the plaintiff in the case, the CBA argues that British Columbia’s failure to adequately fund civil legal aid violates the rule of law, substantive equality, and independence of the judiciary protected by the Canadian Constitution.  It also claims violations of the rights to life, liberty, security of the person, and equality under the Canadian Charter of Rights and Freedoms, and various rights under the Canadian Constitution Act.  Finally, it claims violations of various international treaty obligations, including the Universal Declaration of Human Rights, the American Declaration of the Rights and Duties of Man, the International Covenant on Civil and Political Rights, and others.  The CBA petitioned the court to require the federal and provincial governments "to establish and maintain a civil legal aid regime that ensures meaningful and effective access to justice for low-income individuals."  According to CBA President Susan McGrath, "Without legal aid, access to justice is meaningless, as many people cannot take advantage of their legal rights."  Canadian Bar Association, Press Release: CBA Launches Test Case to Challenge Constitutional Right to Civil Legal Aid (June 20, 2005) (on file with the Brennan Center); available at www.cba.org/CBA/News/2005_Releases/2005-06-20_legalaid.aspx; The Canadian Bar Association v. The Queen, Statement of Claim (British Columbia S.C., filed June 20, 2005), available at www.cba.org/CBA/News/pdf/statement_legalaid_jun05.pdf.  See also Legal Services E-lert of Mar. 4, 2005.

****************************************************************************

(eob)

______________

* Families of A-test 'guinea pigs' to suffer for generations

http://www.news.com.au/adelaidenow/story/0,22606,23070246-5006301,00.html?from=public_rss

CHARLES MIRANDA, LONDON CORRESPONDENT

January 18, 2008 12:10am

FAMILIES of Australian and British soldiers used as guinea pigs in nuclear testing programs 50 years ago will suffer health problems for up to 20 generations.

A  British parliamentary inquiry has been launched into the medical effects the nuclear testing program had on more than 20,000 servicemen, as 800 surviving veterans and their families mount a High Court challenge for compensation.

Early medical studies into testing at Maralinga in the South Australian Outback, Christmas Island and Monte Bello islands off the West Australian coast and other Pacific Islands including Kiribati, show veterans' children either died hideous deaths with multiple medical complaints or were 10 times more likely to have a deformity; their children's children were eight times more likely to have genetic defects and their children in turn were twice as likely to get cancer.

Even 20th-generation descendants of the victims would still face a 10 per cent greater risk of defects and cancer.

Last month, the British House of Commons cross-party inquiry acknowledged there had been health fallout from the radioactive tests and recommended an interim payment of $10,000 each be paid.

But 50 servicemen a year are dying from cancers and the British Ministry of Defence will this month launch a legal ploy in the High Court which could delay any compensation hearing until at least 2011.

Commercial litigation partner Clive Hyer, from London law firm Rosenblatt, told The Advertiser a bigger compensation payout was being sought but many would not be alive to receive a cent.

"The tactic employed by the MoD is legal but is somewhat immoral," he said.

"It's frustrating, in a sense.

"These servicemen were doing their bit for Queen and country and the MoD is saying they should have claimed compensation within three years of suffering any injury."

Mr Hyer anticipated the High Court would decide to allow a claim to be heard.

But arguments of limitations could delay the fight for years.

Former Royal Engineer Denis Shaw was involved in the nuclear clean-up on Christmas Island in 1958 and now suffers debilitating heart problems.

"It's disgraceful the MoD will acknowledge the danger they put us in and appalling they are denying us compensation," he said.

Mr Hyer said: "Some have cancers, others skin conditions, hair and teeth loss. Their families have suffered a high number of stillbirths, miscarriages.

"They are seriously annoyed and disappointed at how they are being treated."

British Prime Minister Gordon Brown last night said the Government recognised the sacrifice the servicemen made that ensured the Commonwealth was protected in the Cold War. But he did not admit a link between the nuclear program and poor health.

Successive Australian governments have maintained they had no legal obligation to pay compensation but the British parliamentary inquiry will give veterans ammunition to fight that.

New Zealand has begun paying compensation to veterans involved in the testing, as has the U.S. Government, which declared "no fault" but paid generous compensation.

More than 22,000 British, 14,000 Australian, 500 New Zealand and U.S., Canadian and Fijian servicemen were involved in 21 nuclear explosions in Australia between 1952 and 1958.

______________

"Nuclear Test Veterans: A cross-party Inquiry

8th November 2007 - Chairmen: John Baron MP & Dr Ian Gibson MP

...Mortality and Cancer Incidence 1952-98 in UK Participants in the UK Nuclear Weapons Tests and Experimental Programmes by Dr C. R. Muirhead et al. (2003)

Presentation by Dr David Lloyd and Dr Jill Meara

...The design of the NRPB does not consider those exposed to internal radiation. Dr Meara stated that it did not matter what type of radiation veterans were exposed to as the study examines incidences of cancer and death rates on the whole.

...British Nuclear Test Veterans’ Association/Green Audit Child Health Study by Dr Chris Busby, University of Liverpool (2007)

...it is impossible to judge the amount of contamination/fallout veterans were exposed to - not only generally, but in individual cases. He also spoke of risk caused by internal radiation which was not considered at the time. Radiation can be ingested by eating local food, drinking rain water, swimming and inhaling dust particles.

...evidence from the British Nuclear Test Veterans Association (BNTVA)

... The veterans suggest that their movements, while controlled during the blast, were not monitored afterwards. Veterans were free to move around the Island – drinking water, eating local fruits, swimming in the lagoons and breathing-in dust. All of this could have put veterans at risk of ingesting ionising radiation.

...Observations and judgements

...There is also little reason to believe that the effects of fallout on food and water supplies or lagoon water were anticipated and risks of contamination avoided.

...Recommendations

1) A new tribunal system

...We make further, more specific recommendations in Appendix 2.

...Appendix 2

...the benefit of the doubt should be shifted in favour of veterans in the following

key areas of concern:

· The presence and effects of fallout on equipment and the local environment,

and on the air, water and food to which servicemen might have been exposed

· Doses of internal radiation to which servicemen were subsequently exposed".

______________

http://www.ehponline.org/members/2006/8476/8476.html

Incidence of Leukemia, Lymphoma, and Multiple Myeloma in Czech Uranium Miners: A Case-Cohort Study

Vladimír Rericha 1, Michal Kulich,2 Robert Rericha,3 David L. Shore,4 and Dale P. Sandler5 ...

"In the past, radon was not considered a potential cause of leukemia because it was believed that most of its alpha activity was released in the respiratory tract. However, several authors (e.g., Henshaw et al. 1990; Richardson et al. 1991) have suggested that radon inhalation may deliver a non-negligible alpha radiation dose to bone marrow and thus increase leukemia risk. Inhaled radionuclides may transmit their alpha activity directly after reaching bone marrow via the blood stream. Because of its high solubility in fat, radon gas itself may concentrate in bone marrow fat cells and emit alpha particles to the surrounding hematopoietic stem cells (Allen et al. 1995). "

PER:

Patrick T. Byrt

e-mail: Patrick_Byrt@...

*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*

Join us in supporting the Journey of Healing by remembering the pain

of the Stolen Generations and of their families and communities left

behind, and tell them how sorry we are. Ask our Government to sit

down with the Stolen Generations to work out with them how to repair

the damage done, and ask fellow Australians to join together to help

with healing for us all. Please visit: http://sajoh.auspics.org.au

See also the Ngarrindjeri CANDLE LIGHT WALK on-line flyer at:

http://www.country-liberal-party.com/pages/adelaidemob.htm

*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*

HOSTING: members.ozemail.com.au/~rmclc/page

*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*