Central government and Hiroshima local governments to fight ruling recognizing black rain victims
Aug. 13, 2020
by Tsuyoshi Kubota, Staff Writer
On August 12, the Ministry of Health, Labour and Welfare, along with the city of Hiroshima and Hiroshima Prefecture, both defendants in the black rain legal proceedings, filed an appeal with Hiroshima High Court. The appeal came after the July 29 ruling, in which the Hiroshima District Court ordered the city of Hiroshima and Hiroshima Prefecture to issue an A-bomb Survivor’s Certificate to all 84 plaintiffs living in Hiroshima Prefecture who were exposed to black rain containing radioactive materials from the atomic bomb. The plaintiffs lived outside the government-designated area at the time of the bombing, and claim to have suffered health problems as a consequence of this exposure. Health minister Katsunobu Kato (Okayama’s fifth district) said the ministry would begin its review to consider expansion of the black rain area in Hiroshima. The city of Hiroshima and Hiroshima Prefecture, which had requested the Japanese government withdraw the appeal, decided to appeal the ruling of the district court.
The ruling in favor of the plaintiffs was issued by the district court on the milestone 75th anniversary of the atomic bombing, but it will be tried in Hiroshima High Court. Meanwhile, the possibility has been raised that the “heavy rain area,” the area of heavy black rainfall designated by the central government in 1976, might be expanded. Hiroshima Mayor Kazumi Matsui, who held a press conference at City Hall, said, “We request the central government decide whether the black rain area will be expanded within this fiscal year. Otherwise, the possibility of expanding the designated area will become unstable.”
The plaintiffs held a press conference in the city’s Naka Ward and criticized the ministry, saying, “The Ministry of Health, Labour and Welfare did not provide relief to A-bomb survivors including plaintiffs but decided to file the appeal, which was an improper political move.” Mr. Matsui said, “It’s tough for me to think about the plaintiffs who won the lawsuit, but we have to pave the way for relief measures apart from the lawsuit. There is a system, in which if a relationship between the atomic bombing and A-bomb survivors’ diseases is not scientifically clarified, the survivors are not relieved, and we need a political move beyond this system,” and requested understanding of the city’s move.
As for the reason Mr. Kato decided to file the appeal, he said, “As a result of discussions with relevant government offices, we concluded the July 29 ruling was not based on sufficient scientific knowledge, unlike the rulings of the Supreme Court.” Behind the Japanese government’s decision are two rulings given by the Supreme Court in 2017 and 2019, in which “a person with A-bombing experience,” who was outside the government-designated area when the atomic bomb was dropped on Nagasaki, was not recognized as an A-bomb survivor.
At the same time, Mr. Kato expressed the view that the ministry would create a research team including experts and said that they would review considering an expansion of the designated area in Hiroshima. Mr. Matsui explained that he listened to Mr. Kato’s view when he had a conference using the Internet with Mr. Kato on August 11 and accepted the appeal. He announced he would have a city official join the research team and would request the central government make a decision regarding the expansion of the designated area within this fiscal year.
The current government-designated area is based on the investigation conducted by the Hiroshima District Meteorological Observatory (now Hiroshima Local Meteorological Observatory) in 1945 after the atomic bombing. In the July 29 ruling, the Hiroshima District Court denied the validity of the claim that a distinction could be made based on where the plaintiffs lived and ordered that an A-bomb Survivor’s Certificate be issued to all the plaintiffs, saying the credibility of plaintiffs’ testimonies should be individually examined. The practice of issuing the Atomic Bomb survivor’s Certificate is commissioned to the local governments by the Japanese government, and the city of Hiroshima and Hiroshima Prefecture, which are responsible for carrying out the issue of certificates, became defendants in court.
On August 12, when Prime Minister Shinzo Abe was asked why the central government appealed to the high court, he said, “Since the July 29 ruling is different than repeated Supreme Court rulings, we decided to file the appeal to the high court,” He answered questions from reporters at the prime minister’s office.
At the same time, he emphasized, “A-bomb survivors had many experiences beyond description in the harsh conditions. I am going to work to address the issue of the relief measures seriously.” Mr. Abe said that the Ministry of Health, Labour and Welfare announced would conduct its own assessment, considering expanding the area covered by the relief law so that the plaintiffs would receive public health care benefits as A-bomb survivors.
(Originally published on August 13, 2020)
On August 12, the Ministry of Health, Labour and Welfare, along with the city of Hiroshima and Hiroshima Prefecture, both defendants in the black rain legal proceedings, filed an appeal with Hiroshima High Court. The appeal came after the July 29 ruling, in which the Hiroshima District Court ordered the city of Hiroshima and Hiroshima Prefecture to issue an A-bomb Survivor’s Certificate to all 84 plaintiffs living in Hiroshima Prefecture who were exposed to black rain containing radioactive materials from the atomic bomb. The plaintiffs lived outside the government-designated area at the time of the bombing, and claim to have suffered health problems as a consequence of this exposure. Health minister Katsunobu Kato (Okayama’s fifth district) said the ministry would begin its review to consider expansion of the black rain area in Hiroshima. The city of Hiroshima and Hiroshima Prefecture, which had requested the Japanese government withdraw the appeal, decided to appeal the ruling of the district court.
The ruling in favor of the plaintiffs was issued by the district court on the milestone 75th anniversary of the atomic bombing, but it will be tried in Hiroshima High Court. Meanwhile, the possibility has been raised that the “heavy rain area,” the area of heavy black rainfall designated by the central government in 1976, might be expanded. Hiroshima Mayor Kazumi Matsui, who held a press conference at City Hall, said, “We request the central government decide whether the black rain area will be expanded within this fiscal year. Otherwise, the possibility of expanding the designated area will become unstable.”
The plaintiffs held a press conference in the city’s Naka Ward and criticized the ministry, saying, “The Ministry of Health, Labour and Welfare did not provide relief to A-bomb survivors including plaintiffs but decided to file the appeal, which was an improper political move.” Mr. Matsui said, “It’s tough for me to think about the plaintiffs who won the lawsuit, but we have to pave the way for relief measures apart from the lawsuit. There is a system, in which if a relationship between the atomic bombing and A-bomb survivors’ diseases is not scientifically clarified, the survivors are not relieved, and we need a political move beyond this system,” and requested understanding of the city’s move.
As for the reason Mr. Kato decided to file the appeal, he said, “As a result of discussions with relevant government offices, we concluded the July 29 ruling was not based on sufficient scientific knowledge, unlike the rulings of the Supreme Court.” Behind the Japanese government’s decision are two rulings given by the Supreme Court in 2017 and 2019, in which “a person with A-bombing experience,” who was outside the government-designated area when the atomic bomb was dropped on Nagasaki, was not recognized as an A-bomb survivor.
At the same time, Mr. Kato expressed the view that the ministry would create a research team including experts and said that they would review considering an expansion of the designated area in Hiroshima. Mr. Matsui explained that he listened to Mr. Kato’s view when he had a conference using the Internet with Mr. Kato on August 11 and accepted the appeal. He announced he would have a city official join the research team and would request the central government make a decision regarding the expansion of the designated area within this fiscal year.
The current government-designated area is based on the investigation conducted by the Hiroshima District Meteorological Observatory (now Hiroshima Local Meteorological Observatory) in 1945 after the atomic bombing. In the July 29 ruling, the Hiroshima District Court denied the validity of the claim that a distinction could be made based on where the plaintiffs lived and ordered that an A-bomb Survivor’s Certificate be issued to all the plaintiffs, saying the credibility of plaintiffs’ testimonies should be individually examined. The practice of issuing the Atomic Bomb survivor’s Certificate is commissioned to the local governments by the Japanese government, and the city of Hiroshima and Hiroshima Prefecture, which are responsible for carrying out the issue of certificates, became defendants in court.
Prime Minister said the ruling was different than repeated Supreme Court rulings
On August 12, when Prime Minister Shinzo Abe was asked why the central government appealed to the high court, he said, “Since the July 29 ruling is different than repeated Supreme Court rulings, we decided to file the appeal to the high court,” He answered questions from reporters at the prime minister’s office.
At the same time, he emphasized, “A-bomb survivors had many experiences beyond description in the harsh conditions. I am going to work to address the issue of the relief measures seriously.” Mr. Abe said that the Ministry of Health, Labour and Welfare announced would conduct its own assessment, considering expanding the area covered by the relief law so that the plaintiffs would receive public health care benefits as A-bomb survivors.
(Originally published on August 13, 2020)
