Senator Tony deBrum's Statement on Kwajalein Issues Before House Hearing

Senator Tony A. deBrum, member of Republic of the Marshall Islands Parliament (Nitijela) for Kwajalein, appeared before the U.S. House Foreign Affairs Sub-Committee on Asia, the Pacific, and the Global Environment hearing on July 25, 2007. He briefed the Committee on the current situation regarding Kwajalein. His written statement follows:

Thank you, Mr. Chairman for inviting us to this hearing. With me today, representing the people of Kwajalein are Iroij Senator Christopher Loeak, Chairman of the Kwajalein Leadership Group and Senator Jeban Riklon, my fellow Senator from Kwajalein. We bring you greetings and best wishes from Iroijlaplap Imata Kabua, Iroijlaplap Anjua Loeak, Iroij Senator Michael Kabua and the elders and people of Kwajalein.

The importance of Kwajalein to the relationship between our countries is well known to this committee. As allies and good friends of America from the ending years of World War II, the people of Kwajalien have been called upon to support the United States Armed Forces by providing their atoll, first as a naval air station, then as the support base for the testing of nuclear weapons.

To this day, Kwajalein remains one of America’s foremost facilities where the most modern advancements in missile defense technology are developed and tested at the Ronald Reagan Test Site. No Micronesian community has been more closely tied to American military interests in the former Trust Territory than the people of Kwajalein.

When the Compact of Free Association went into effect in 1986, a concurrent Military Use and Operating Rights Agreement (MUORA) covering the usage of Kwajalein also took effect. Under that arrangement, a prerequisite Land Use Agreement (LUA) was entered into between the people of Kwajalein and the Marshall Islands Government (RMI). Under the LUA, the people of Kwajalein agreed to allow the use of their atoll by the US Armed Forces for a period of 30 years commencing in 1986 and ending in 2016. The LUA provided for, among other things, lease payments and impact programs for the benefit of the people whose lands were being used and who had to be resettled on Ebeye, a small island located close to base, where the labor camp for the Kwajalein Test Site is situated. It also dismissed lawsuits then pending and expedited the clearing of lands the people had previously occupied in protest. It, along with two other Interim Use Agreements, was incorporated with the MUORA as the agreement package providing for use of Kwajalein.

The problems of overpopulation and the failures of the social infrastructure on Ebeye have been well known throughout the years. With population densities unmatched anywhere in the Pacific, Ebeye was called the “slum of the Pacific”, “the suicide capital of the Pacific Islands”, and other names less complimentary. Efforts to alleviate these problems enjoyed brief success but very quickly deteriorated back to levels which have recently raised fears of a severe humanitarian crisis. In the meantime, the problems to overcrowding continue with citizens from islands throughout the Marshalls and Micronesia seeking shelter on Ebeye while working on Kwajalein.

Electricity and water woes still plague the community. Sanitation and sewerage issues constitute health hazards that the under funded local government cannot handle. A recent government study reports that fully 25% of the student population of Ebeye fails to attend school each day for one reason or another, including lack of water to bathe, or electricity to cook food. As we speak, because of Exxon Mobil’s recent abrupt withdrawal from Ebeye, there is a fuel shortage on island aggravating this problem and already impacting the ability of the indigenous labor force to access the military facilities on Kwajalein. Additionally, there are health problems which may adversely affect the operation of the base. Immediate attention is required to avoid further deterioration of an already intolerable situation.

One concept that was offered for mitigation of the problems of Ebeye was the construction of a road to link up the nearby islands to the north thereby expanding the land area available for housing. The fifty six acres on Ebeye are simply not adequate to house the over 15,000 people estimated to be living there. Unfortunately, this has not had the impact that was hoped for. While schools were built on nearby Gugeegu to help accommodate the children of Ebeye, now transportation to those schools has become a problem.

In 2006, the leadership of Kwajalein requested the RMI to declare a state of emergency for Kwajalein. It was their hope that this would help generate the necessary funds to alleviate power and water problems and prevent a worsening of the situation there. The RMI responded that it would not do so because funds which have been set aside in the Compact, as amended, are adequate to cover the needs of Ebeye. Therein lies the problem.

After the first fifteen years of the Compact of Free Association relationship, the Government of the United States and the Government of the Marshall Islands negotiated and put into effect an amended Compact, popularly known in the islands as Compact II. The Congress enacted Compact II with overwhelming support from the Administration. The Defense Department was pleased with what it viewed as a commitment from the Marshall Islands Government extending the use of Kwajalein from 2016 to 2086. Article X (3) of the new MUORA states, “This agreement shall remain in effect until the end of Fiscal Year 2066.” There are also provisions for further extension until 2086.

Prior to signing this agreement with the United States, the RMI representatives presented the proposal to the leadership of Kwajalein. It was rejected out of hand and reasons therefore were respectfully presented to the RMI government. The RMI nevertheless signed the new Compact and it was enacted by Congress. The Department of Defense was satisfied that written assurances from the RMI that they would “deliver Kwajalein”, were sufficient to warrant support of Compact II. This was in 2003. To date, the RMI has not moved any closer to “delivering Kwajalein” in spite of promises to do so before the elections of 2003 and again before the elections of 2007 due in November. In the meantime the Kwajalein situation deteriorates. Both the Commanding Officer on the Kwajalein facilities (USAKA), and the United States Ambassador to the Marshall Islands have expressed grave concern about the looming humanitarian crisis in Kwajalein.

When the MUORA under Compact I was negotiated, it was with the caveat that it would not be signed unless the prerequisite Land Use Agreement was reached between the RMI and the people of Kwajalein. Under the Constitution of the Marshall Islands, this is a requirement because the Marshall Islands Government does not own any land at all. This time around, the RMI agreed to a new MUORA under Compact II without the necessary changes to the Land Use Agreement which can only be amended by mutual consent. As a result the RMI promised the use of Kwajalein until 2086 when it only has rights to do that until 2016. The people of Kwajalein have pledged to honor their commitment until 2016.

While in the view of the RMI, it has secured adequate funding under Compact II to provide for the public needs of the Kwajalein community, the delivery of these services is a dilemma that has proven difficult to overcome. Kwajalein will not accept funds under Compact II which may result in RMI assuming landowner defacto approval of a yet to be negotiated Land Use Agreement. That is why Kwajalein is still being paid at rates established in Compact I, under the Land Use Agreement which came into effect in 1986. The RMI, with encouragement from the United States Government, is withholding full support of governmental services to pressure the people of Kwajalein to agree to a new LUA even though they have stated unequivocally their opposition to an extension under the terms proposed. The people of Kwajalein pay taxes and expect their due share of the Marshall Islands General Fund for provision of public services. The RMI takes the position that funds provided under Compact II, especially impact funds and special needs funds earmarked for Ebeye and Kwajalein communities, are the only funds it has for this purpose. In fact, RMI’s use of some of these funds without the approval of the People of Kwajalein has raised questions about a possible breach of the 1986 LUA, the document which provides the only legitimate access to Kwajalein that the United States Army enjoys. What we have here is an impasse of constitutional proportions.

While it has become obvious that no resolution is available to RMI in the foreseeable future, all attempts by the Kwajalein people to bring this to the attention of the American government have been waived off by the argument that the Compact is a government to government agreement and the problem with Kwajalein is an internal one for the RMI. We submit this is not so. The need for Kwajalein is an American issue and marginalizing the people with the power to meaningfully consider that requirement is misguided and counterproductive. The stand off does not only affect the provision of governmental services and long term infrastructure plans for the RMI, but it also adversely affects long term planning on the part of the Unites States with respect to its Kwajalein facilities. It is not strictly an internal issue for the Marshallese people.

Recently, during joint discussions about Kwajalein matters, the United States announced plans for the development of fiber optic communication capacities in Kwajalein. Likewise, in view of worsening outlooks on energy sources, the military has expressed interest in developing alternate energy facilities in Kwajalein including the introduction of Ocean Thermal Energy Conversion (OTEC) technology. The people of Kwajalein have been supportive of these plans and, for this reason, are deeply appreciative of Rep. Faleomavaega’s recent introduction of two important bills that will facilitate the installation of OTEC at Kwajalein, HR 2838 and HR 3105. Any innovative proposal to make electricity and water more affordable in Kwajalein is of vital importance to us. Mr. Chairman, we will forever be grateful to you for your interest and support for our efforts to realize these developments. We have informally expressed our willingness to be good partners in these plans but until the larger issues of life beyond 2016 are resolved, it is difficult for anyone to get serious about fixing the problems of Kwajalein today. We still stand by our commitment to respect our Land Use Agreement and all that it stands for and we expect no less from our American allies.

One way to begin to resolve the problems of Kwajalein is to integrate the community once more. The separation of the Marshallese population from our American friends is a vestigial remnant of the unenlightened policies of the forties and fifties. It does not fit in today’s world. Integrating the power, water, and communication systems, the building of a land connection between Ebeye and Kwajalein, repair of the Gugeegu road are but a few ideas which will result in immediate improvement. Housing, schools and other social infrastructure are badly needed as well. But good planning must focus on integrating public service and avoid wasteful duplication of effort in public services. Also, Congress must encourage the parties to begin meaningful dialogue and this must necessarily begin with the United States government.

The RMI is caught in the middle of a problem where it has neither right nor capacity to offer the other two parties a solution to the impasse. No one can argue that perpetuating the current situation on Kwajalein is conducive to a successful long term relationship.

Mr. Chairman, your committee is considering legislation to help resolve some compelling issues pertaining to the Compact relationship. Kwajalein, being probably the most important component in the relationship, should not be left out of the loop. We respectfully invite your committee to Kwajalein to discuss these matters with those people most directly affected. Almost forty years have passed since your first visit to Ebeye, with the late Representative Patsy Mink. The people of Kwajalein appreciate the care and concern for them which you have demonstrated in your many years in Congress. A hearing on Ebeye may be just what we need to extract ourselves from this difficult impasse confronting us, the Marshall Islands Government, and the United States of America.

Thank you, Mr. Chairman.

Testimony of Senator Tony A. de Brum
Member of Parliament (Nitijela) for Kwajalein
Before the Foreign Affairs Subcommittee of Asia, the Pacific and the Global Environment
United States House of Representatives
July 25, 2007

- Yokwe Online, July 31, 2007