Recent rulings by district courts in Osaka, Kumamoto, and now Niigata, underscored the grim reality that many victims of Minamata disease still, for whatever reason, fall outside the parameters of relief measures.
The plaintiffs in these litigations are elderly. Sadly, claimants in a number of cases died before a ruling was handed down. We call on the government to immediately respond to the victims’ demands for talks over relief measures.
On April 18, the Niigata District Court ruled in favor of the plaintiffs in a lawsuit brought by victims of what is widely known as Niigata Minamata Disease. In this instance, the illness is due to pollution of the Aganogawa river in Niigata Prefecture from discharged wastewater containing methylmercury. The plaintiffs lived in the Aganogawa basin and ate fish from the river.
Of the 47 plaintiffs who are suffering from numbness in the limbs and other symptoms, the court ordered chemical company Showa Denko KK, now Resonac Holdings Corp., to pay compensation to 26 of them.
However, it absolved the state of responsibility, stating that it “could not have foreseen the health crisis.” The plaintiffs accused the central government of not taking regulatory measures to restrict the discharge of wastewater as soon as it was made aware of the health issues at stake.
The court evaluated whether the remaining 45 plaintiffs, excluding two who already have received compensation under the Pollution-Related Health Damage Compensation Law, were Minamata disease sufferers.
The court, having assessed the health and symptoms of the plaintiffs, decided that nearly 60 percent of them face a “high probability” of suffering from a neurological syndrome caused by severe mercury poisoning.
The defendants tried to avoid paying compensation on grounds the Civil Law has a 20-year statute of limitations for claims for compensation, which has now expired.
But the court rejected their argument, stating that “applying the provision in this case would run against the principles of justice and equity.”
Niigata Minamata disease, often referred to as the “second Minamata disease,” was officially recognized in 1965, nine years after Minamata disease was first identified in Minamata, Kumamoto Prefecture.
It is painful to think that the health damage in Niigata could have been minimized if swift actions had been taken, such as investigations to identify Minamata disease and measures to limit its exposure and spread.
Like the plaintiffs in Osaka and Kumamoto cases, the complainants in Niigata were deemed ineligible to receive relief under the 2009 Minamata disease victim relief law, which was a special measures law. The Niigata District Court carries significant weight as it comes after the Osaka court ruling that recognized all the plaintiffs as Minamata disease patients and the Kumamoto court decision, which dismissed the plaintiffs’ case but still recognized some of them as patients.
In efforts to dissolve the disputes over relief for Minamata disease patients, the government has twice in the past attempted to settle the claims politically. The first was an offer to make lump sum payments in 1995, and the second was a proposal to provide relief based on the special measures law.
However, the application of these measures was limited by such factors as year of birth and place of residence. The window to apply was only slightly over two years, starting in spring 2010.
Many sufferers were unable to apply for the benefits offered due to the limitations on applying for assistance. Other reasons included not knowing about the offer and fears of facing discrimination and prejudice when their illness became known.
The government should heed the judiciary’s warnings.
In 2004, the Supreme Court affirmed that the state had a responsibility to provide relief to the victims of the industrial pollution of seawater. After the top court called for widening the scope of the relief program by relaxing the criteria for recognizing patients in 2013, the government paradoxically introduced new, stricter standards. There is no room left for such dishonest responses from the government.
The more than 1,700 plaintiffs who have filed suits with four district courts, including Tokyo, are primarily seeking negotiations with the government.
The government must confront its responsibility for not having fully provided relief for Minamata disease victims instead of trying to save its face by resolving the claims through litigation rather than agreement simply because it has tried to settle the matter politically twice.
--The Asahi Shimbun, April 19
EDITORIAL: Face-saving must stop; Minamata patients need relief right now
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19.04.2024
Recent rulings by district courts in Osaka, Kumamoto, and now Niigata, underscored the grim reality that many victims of Minamata disease still, for whatever reason, fall outside the parameters of relief measures.
The plaintiffs in these litigations are elderly. Sadly, claimants in a number of cases died before a ruling was handed down. We call on the government to immediately respond to the victims’ demands for talks over relief measures.
On April 18, the Niigata District Court ruled in favor of the plaintiffs in a lawsuit brought by victims of what is widely known as Niigata Minamata Disease. In this instance, the illness is due to pollution of the Aganogawa river in Niigata Prefecture from discharged wastewater containing methylmercury. The plaintiffs lived in the Aganogawa basin and ate fish from the river.
Of the 47 plaintiffs who are suffering from numbness in the limbs and other symptoms, the court ordered chemical company Showa Denko KK, now Resonac Holdings Corp., to pay compensation to 26 of them.
However, it absolved the state of responsibility, stating that it “could not have foreseen the health crisis.” The plaintiffs........
© The Asahi Shimbun
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