Editorial: 50 yrs since Japan pollution compensation law, recognition and vigilance needed

There remain people in Japan who suffer ill health due to pollution, and it is a problem we cannot turn our eyes away from. Fifty years ago this month, the Act on Compensation for Pollution-related Health Damage was passed, promising compensation to cover health care, living and other expenses for those who were recognized as patients of pollution-related diseases.

In the early 1970s, in lawsuits regarding the four major pollution-caused illnesses: Minamata disease mercury poisoning, Niigata Minamata disease, cadmium-caused “itai-itai” disease and Yokkaichi asthma, the courts ordered compensation for the victims in each case. That was the impetus behind the pollution compensation law.

The law targeted those recognized as suffering from respiratory diseases due to atmospheric pollution along with the patients of Minamata and other diseases caused by toxic industrial substances. As of the end of 2023, there were over 27,000 such people in the country.

Since the law’s passing, around 3,000 victims of Minamata disease have been recognized. However, that is fewer than 1/10th the number that have sought recognition. The reason is that the environment ministry in principle sets a high bar for recognition, with the presence of multiple symptoms required.

Experts also point to financial constraints. The company that released methylmercury is liable for awarding compensation to the Minamata disease victims. On two occasions, measures such as one-time payments have been given to victims not officially recognized as patients, but others who were excluded have continued class-action lawsuits to pursue compensation.

Recognition of patients related to air pollution ended in 1988, after the national government ruled that “pollution has been improved,” based on the demands of the industrial world which had the major share of responsibility for paying the victims.

However, a new source of pollution has been spotlighted: the rapid spread of emissions from diesel-powered vehicles. Court cases have appeared in a number of regions after people suffering from asthma and other diseases have failed to be compensated. Victims are currently seeking the establishment of a national system of financial aid for health care expenses and monetary contributions from automakers.

Through tighter regulations on pollution and industry initiatives, water and air quality have become cleaner compared to in the past. Yet, pollution is not a thing of the past. Victims continue to struggle with their illnesses. The national and local governments in Japan bear responsibility for delayed regulations that allowed damage to spread. It’s about time for a system of far-ranging compensation to be established.

The risk of environmental pollution lingers in all economic activity. We must never let the threat of extensive damage slip our minds.