information about Fukushima published in English in Japanese media info publiée en anglais dans la presse japonaise
9 Juillet 2014
July 9, 2014
Compensation halved over nuclear disaster victims' deaths during evacuation
http://mainichi.jp/english/english/newsselect/news/20140709p2a00m0na003000c.html
The government-backed center that handles the alternative dispute resolution (ADR) for the Fukushima nuclear disaster has halved the amount of compensation that the operator of the crippled plant must pay in most cases over the deaths of nuclear disaster victims during evacuation, it has been learned.
The Nuclear Damage Claim Dispute Resolution Center has set the contribution ratio of the nuclear disaster to the deaths of most victims during evacuation at 50 percent to halve the amount of compensation to their bereaved families.
Hiroshi Noyama, former head of the Education, Culture, Sports, Science and Technology Ministry section that serves as secretariat to the center, made the admission in an exclusive interview with the Mainichi Shimbun.
Noyama defended the practice, saying the center must quickly handle disputes, while admitting that there are some cases for which full amounts of compensation should have been paid.
"In some cases, we can recognize that the contribution ratio of the nuclear accident to deaths is 100 percent. But we assess the ratio is 50 percent in most settlement plans. If we are to carefully deliberate each case, we couldn't maintain the current pace of deliberations (an average of about six months per case)," he said. "This is the best thing that the center can do. If you're dissatisfied with the practice, please file a lawsuit," Noyama said.
The revelations highlight the insufficiency of relief measures for nuclear disaster victims.
In nuclear ADR processes, lawyers who serve as mediators at the center work out settlement plans in response to petitions from victims and show the plans to both the victims and Tokyo Electric Power Co. (TEPCO), the operator of the tsunami-ravaged Fukushima nuclear plant.
About 260 mediators are supposed to screen petitions independently. However, mediators often consult with the secretariat at the ministry over the details of settlement proposals to prevent conditions for reconciliation from varying from case to case.
Noyama said the secretariat summoned some "influential" mediators to the center and proposed to set the contribution ratio of the nuclear disaster to the deaths of evacuees at about 50 percent, considering that evidence cannot be sufficiently examined. The mediators present at the meeting accepted the proposal.
Of the settled disputes that the center has disclosed on its website, 26 involve compensation for deaths of evacuees. The specific contribution ratios of various factors to the deaths are specified in 11 of these cases.
In 10 of the 11 cases, the contribution ratio of the nuclear crisis is 50 percent and 7 to 9 million yen in compensation was paid to the victims' bereaved families. In the other case, the contribution ratio was 90 percent and 16.2 million yen in damages was paid to the bereaved family.
In another case of death besides these 11 cases, the Mainichi Shimbun has confirmed from the bereaved family that the center assessed the value of the damage for the death is 18 million yen and determined that the contribution ratio of the nuclear disaster is 50 percent. The center then offered a settlement plan under which TEPCO would pay the bereaved family 9 million yen in damages. The settlement has already been reached.
The ADR system for the nuclear disaster was established to make it easier for nuclear disaster victims to seek compensation from TEPCO because it costs much money and takes a long time to launch damage suits.
There exist two sets of criteria for compensation for nuclear accidents, one created by the Dispute Reconciliation Committee for Nuclear Damage Compensation, with which the center is affiliated, and one set by the center, both of which have been disclosed. The criteria shows the scope of those who are entitled to compensation as well as the period and the amount of compensation payments. However, the 50-percent rule has not been publicized anywhere.
A center official defended the practice. "The 50 percent rule is merely an unofficial indication, and not part of the official criteria, so we don't have to disclose it."
TEPCO has declined to comment on the amount of compensation paid over the deaths of nuclear victims during evacuation. "We're not in a position to comment on the contribution ratio of the nuclear disaster, but we understand that mediators at the center propose settlement plans based on the circumstances surrounding each individual case," said an official with the TEPCO public relations division.