13:30 - 16:00, International Conference Hall
Plenary Session 5
Compensation for Damages due to Asbestos
Chairs: Akira Morita and Satomi_Usijima
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Bob Ruers
Former Dutch Senator, founding member of Dutch Asbestos Committee and Solicitor, the Netherlands
ABSTRACT
Environmental exposure
Before the 1960s asbestos diseases were typically regarded as occupational diseases. This view changed dramatically when Wagner et al. published the results of their South African mesothelioma study, showing that a large part of the mesothelioma victims in the Cape Province had never had any occupational exposure to asbestos. They encountered mesotheliomas in housewives, domestic servants, shepherd, farmers and office workers, as well as men and women who during their youth had lived in the vicinity of asbestos mines or played on the dumps of these mines.
After the Second World War, the production and use of asbestos increased enormously. Asbestos has been used in well over a hundred products, mainly asbestos cement products. The consequences of this widespread use have now become clearly visible. Not only are we confronted with both large numbers of victims, but huge amounts of asbestos cement waste material have found their way into the environment, especially in areas close to asbestos industries, creating even more victims.
In order to receive compensation, asbestos victims need to go to great lengths. Trying a case in court is both expensive and time consuming, especially for victims of non-occupational exposure. Often they experience great difficulties in locating the source of exposure and establishing legal causation. The long latency period works as a disadvantage as well.
Until 1990, the world asbestos cement industry was owned by just a handful of multinationals. These multinationals are blind for the harmful consequences of their products. They refuse to bear any responsibility whatsoever, especially where the third world is concerned. Therefore, it is of utmost importance that asbestos victims and their organisations support and inform each other worldwide. Only in that way can we make sure that all asbestos victims, wherever they live, can obtain adequate compensation for their damages.