Court advised to reject French Polynesia nuke compensation

6:33 am on 15 September 2017
A nuclear explosion from an atomic bomb test, mushroom cloud.

A nuclear explosion from an atomic bomb test Photo: Supplied

France's top administrative court is being advised to reject a nuclear compensation claim lodged by French Polynesia's social welfare agency.

In July, the French government announced that all rejected compensation claims would be reconsidered, including one lodged by the agency for money it had disbursed to a victim.

According to Tahiti-infos, the expert advice to the court is to reject the claim because there is no proof that the state is directly responsible for the damage.

The advice is that the compensation commission, or CIVEN, attribute payments to victims out of national solidarity, note that by law this excludes recognition that the state is responsible.

It said the state is only the carrier of the national solidarity.

It argued that therefore as a service provider, the Tahitian agency can only get compensated if it can prove the state's responsibility.

A decision by the top administrative court is expected within a month.

Most claims lodged since the law's introduction have been rejected and for months CIVEN has not met because a majority of its members had resigned.

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