Hibakusha's legal action to press government to recognize their diseases as caused by A-bombing

Following is a translation of an interview with Iwasa Mikiso, chair of the concerted lawsuit promotion committee of the Japan A and H Bomb Sufferers' Association (Nihon Hidankyo), carried in the May 3 issue of Akahata.

Iwasa Mikio: On April 17, seven Hibakusha (atomic-bomb survivors) filed lawsuits with the Sapporo, Nagoya, and Nagasaki District courts, demanding that the government revoke its recent rejection of Hibakusha's applications for their recognition as having disease caused by the atomic bombing. From late in May through June, many more Hibakusha will take similar action in Hiroshima, Nagasaki, Tokyo, Chiba, and Kumamoto. This marks the start of a new form of struggle to get the Ministry of Health, Welfare and Labor to change the present system of certifying Hibakusha with A-bomb related diseases.

Narrow, strict approval system needs to be amended

The ministry has been reluctant to investigate the full aspects of the damage and after-effects of the atomic bombings and even applied strict criteria to the certification procedures, forcing many Hibakusha to endure their plight.

We are demanding that cancers and other diseases apparently caused by the atomic bombings be recognized as A-bombing-related. The Supreme Court in July 2000 judged that Hibakusha Matsuya Hideko's diseases were caused by the atomic bombing of Nagasaki. The Osaka High Court in January 2000 also ruled that a Hibakusha should be recognized as having A-bomb-related diseases.

But the ministry continues to refuse to take these court rulings into account in processing Hibakusha's applications, thus clinging to the conventional unscientific standards. It always adheres to a controversial formula of assessing exposure dose called "DC86," and unscientific "cause probability". By the present standards, only victims who were very close to the hypocenter at the time of the bombing can be recognized by the government as having diseases caused by the A-bombing. Hibakusha who entered the bombed areas soon after the bombing or those who were further away from the hypocenter would not be certified.

With a view to breaking down the barrier to fair recognition and amending the standards, Hidankyo decided to organize concerted lawsuits calling for recognition of Hibakusha's diseases as atomic-bomb-related throughout the country. In this united effort, we request that all Hibakusha, including those who became Hibakusha because they entered the bombed cities soon after the bombing, and those who were living further away from the hypocenter, should be recognized as atomic victims.

We have insisted that "uncertain cases should be judged in favor of Hibakusha" and "cancers of hibakuhsa be recognized as A-bomb-related. But the ministry has refused to listen to us.

Hibakushas' worries and burdens can be reduced

This action will help reduce the worries and burdens of Hibakusha, who have so far filed their applications separately or made complaints to the ministry after their applications were rejected. We believe the struggle will be more effective if we take concerted action.

These lawsuits will help bring all aspects of injuries from the atomic bombings to court. Courts will reveal the defects of the existing system of recognition before the public. In the end, it will bring about a ruling in favor of Hibakusha.

In order to win the lawsuits, it is vitally important to make representations to the Diet and the ministry. It is also important to make this campaign a national action.

The immediate aim of this movement is to win the lawsuit and drastically improve the standards for certification of Hibakusha with A-bomb-related diseases. It will also pave the way for changing the government's policy of forcing the Hibakusha to bear their suffering and of taking a negative stance toward the abolition of nuclear weapons.

Massive support of the people needed

Hibakusha are aging and have little time left. In order to bring a success to this struggle for life and dignity, broad and diverse activities of the people are essential such as attending trials, raising funds, collecting signatures, and relating Hibakusha's damage and suffering to the public.

We earnestly hope that a broad-range of people will support our campaign and take active part in various activities to assist in our legal action. (end)