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Dr. Toru Kojima

Do you know that 183 atomic bomb survivors (Hibakusha) have waged lawsuits calling on the Japanese government to certify their illnesses as caused by atomic bomb radiation.

Even 60 years after the bombing, Hibakusha are suffering various illnesses and faced with social prejudice and discrimination against them. 183 Hibakusha in 20 prefectures filed joint action suits with district courts against the government. The number of atomic bomb survivors who are provided with the Hibakusha health care certificate, fulfilling certain conditions, is about 266,500. But there are major hurdles for their illness to be recognized as caused by atomic bomb. It is only 2,251 Hibakusha, or 0.8% whose illnesses have been recognized as suffering from atomic bomb. This figure has remained almost unchanged.

Hibakusha are suffering from radiation exposure. Why on earth are they not certified as sufferer of atomic-bomb sickness? Hibakusha have filed concerted lawsuits in various places, calling on the government for recognizing their illnesses are caused by the atomic bomb. Hoping that there will be no more Hibakusha, they also demand the Japanese government, as the government of the only atomic-bombed country, take the initiative in elimination of nuclear weapons.

Certification of Hibakusha's illnesses as caused by the atomic bombings is a system to certify in accordance with the Hibakusha Aid Law under which diseases and injuries caused by the atomic bombing are recognized as "atomic bomb diseases". There are requirements for certification: that Hibakusha have health problems that require medical attention, that their illnesses or injuries are caused by radiation, or that their healing capacity is being hindered by the effect of radiation.

Since May 2001, the Health Ministry has used the method of estimating the dose of radiation from such factors as how far the Hibakusha were located from ground zero (Dosimetry System 01). Radiation dose of Hibakusha is estimated based on the distance from the hypocenter, coupled with their gender and age. Thus probability of disease caused from radiation is calculated. If it is more than 50%, that Hibakusha’s illness is recognized as being caused by atomic bomb radiation. If less than 10%, the application is turned down. This system is criticized for its narrow range of recognition and underestimating and pushing the reality of the atomic bomb sufferers away. It is urged to review the system.

Those Hibakusha whose applications were turned down determined themselves to make legal action, with strong anger against the atomic-bomb sickness certification system which is far removed from the realities of their experience. In May this year the Osaka District Court supported nine atomic bomb survivors' claim that the state's refusal to certify that their illnesses were caused by atomic bomb radiation should be revoked. On August 4, 41 plaintiffs in Hiroshima, where 45% of 260,000 Hibakusha carrying health care certificate live, also won in their lawsuit. It was significant that this court decision in favor of Hibakusha was made just before August 6 when people of Japan and world meet to discuss and pray for peace.

In the ruling, the presiding judge pointed out that the Health Ministry's way of judging causes of illnesses based on probability is "limited and weak" and that external and internal radiation from residual radiation needs to be fully examined.

It goes on to say that “the probability of causation should be regarded as a rough guide to judgment and should not be automatically applied to examination. It is necessary that the probability of causation is used absolutely as part of the reference at a specific point in the past indicating a tendency of radiation inducement. [Hibakusha’s application] should be examined comprehensively and overall.” We, the Japanese Physicians Forum against Nuclear War and for the Elimination of Nuclear Weapons, have supported lawsuits and contributed to the Hibakusha’s victory by giving witness on behalf of the plaintiffs. More than 200 lawyers joined plaintiff attorneys.

The Ministry of Health, Labor, and Welfare lodged appeals to high courts against district court rulings.

The average age hovering over 72 years old, Hibakusha are keeping on struggling for a complete victory. The Physicians Forum against Nuclear War and for the Elimination of Nuclear Weapons is supporting them with the utmost energy.