Minamata Disaster
I.
IDENTIFICATION
1. The
Issue
Over 3,000 victims have been recognized as
having "Minamata
Disease".
It has taken some of these people over thirty years to
receive compensation for this inconceivable
event. In 1993, nearly
forty years later, the Japanese courts were
still resolving
suitable compensation for the victims. Many people have lost their
lives, suffered from physical deformities, or
have had to live with
the physical and emotional pain of
"Minamata Disease". This
suffering is all a result of the very wrongful
and negligent acts
of the Chisso Corporation who dumped mercury
into the sea water and
poisoned the people of Japan.
2.
Description
Minamata is a small factory town dominated by
the Chisso
Corporation.
The town faces the Shiranui Sea, and Minamata Bay is
part of this sea. In Japanese, "Chisso" means
nitrogen. The
Chisso Corporation was once a fertilizer and
carbicle company, and
gradually advanced to a petrochemical and
plastic-maker company.
From 1932 to 1968, Chisso Corporation, a company
located in
Kumamoto Japan, dumped an estimated 27 tons of
mercury compounds
into Minamata Bay. Kumamoto is a small town about 570 miles
southwest of Tokyo. The town consists of mostly farmers and
fisherman.
When Chisso Corporation dumped this massive amount of
mercury into the bay, thousands of people whose
normal diet
included fish from the bay, unexpectedly
developed symptoms of
methyl mercury poisoning. The illness became known as the
"Minamata Disease". The mercury poisoning resulted from years of
environmental destruction and neglect from
Chisso Corporation.
In 1907 the villagers of Minamata convinced the
founder of Chisso
Corporation to build a factory in their town,
hoping to benefit
from the wealth of industrialization. The owner, Jun Noguchi
agreed to the development, but used the people
from Minamata as
simple factory workers The more elite positions, such as engineers
and managers were "imported" as he
termed it, from the finest
universities, like Tokyo University.
By 1925, the Chisso Corporation was dumping
waste into Minamata Bay
and destroying the fishing areas. The theory behind Noguchi's
industry was to pay off the Minamata fisherman
in exchange for
damaging their fishing environment. According to Eugene Smith's
interview of the people who lived in Minamata,
the company believed
that it was much cheaper to pay off the few
people who were opposed
to the dumping, rather than implement an
environmentally safe
technique of waste removal. Therefore, since the villagers
accepted this practice through compensation of
money, and the
government was behind the industry, the entire
process appeared
ethical.
Chisso Corporation started developing plastics,
drugs, and perfumes
through the use of a chemical called
acetaldehyde in 1932.
Acetaldehyde is produced using mercury as a
compound, and was key
component in the production of their
products. The company was
considered an economic success in Japan,
particularly because it
was one industry that maintained development
despite Japan's
suffering throughout and right after
W.W.II. As other companies
economically ripened during Japan's post-war
period, so did the
Chisso Corporation. Sales augmented with Japan's economic
success.
In addition, Chisso Corporation's sales
increased dramatically,
considering Chisso was the only manufacturer of
a primary chemical
called D.O.P, a plasticizer (diotyl
phthalate). Having a monopoly
on the chemical enabled Chisso to expand
rapidly. Since Chisso
Corporation was the main industry in the small
Minamata town, the
town's growth period from 1952 to 1960
paralleled Chisso's
progress.
Not until the mid-1950's did people begin to
notice a "strange
disease".
Victims were diagnosed as having a degeneration of their
nervous systems.
Numbness occurred in their limbs and lips. Their
speech became slurred, and their vision
constricted. Some people
had serious brain damage, while others lapsed
into unconsciousness
or suffered from involuntary movements. Furthermore, some victims
were thought to be crazy when they began to
uncontrollably shout.
People thought the cats were going insane when they
witnessed
"suicides" by the cats. Finally, birds were strangely dropping
from the sky.
Series of these unexplainable occurrences were
bringing panic to Minamata.
Dr. Hajime Hosokawa from the Chisso Corporation
Hospital, reported
on May 1, 1956 that, "an unclarified
disease of the central nervous
system has broken out". Dr. Hosokawa linked the fish diets to the
disease, and soon investigators were
promulgating that the sea was
being polluted by poisons from the Chisso
Corporation. The Chisso
Corporation denied the accusations and
maintained their production.
However, by 1958, Chisso Corporation transferred
their dumping from
the Minamata Bay to the Minamata River hoping to
diminish
accusations toward the company.
The Minamata River flows past the town Hachimon,
and into the
Shiranui Sea.
The people of this area also began developing the
"strange disease" after a few
months. The Kumamoto Prefecture
government responded by imposing a ban which
allowed fisherman to
"catch" fish, but not to "sell"
fish from the bay. Since this was
their main food source, the people continued to
eat fish at home,
but the ban released government officials from
any responsibility
for those who developed the illness.
Finally, in July 1959, researchers from Kumamoto
University
concluded that organic mercury was the cause of
the "Minamata
Disease".
A number of committees, of which Chisso Corporation
employees were members, formed to research the
problem. The
committees denied this information and refuted
the direct link of
mercury to the strange disease. Finally, Dr. Hosokawa performed
concealed cat experiments in front of the Chisso
Corporation
management, and illustrated the affects of
mercury poisoning by
feeding the cats acetaldehyde. Dr. Hosokawa was the first person
who made a valiant effort in proving to Chisso
Corporation that
they were the ones accountable for the mercury
poisoning. After
the meeting with Chisso officials, Dr. Hosokawa
was restricted from
conducting any further research or experiments, and
his findings
were concealed by the corporation.
Chisso Corporation began to make deals with the
victims of the
"Minamata Disease". People who were desperate and legally
ignorant
signed contracts which stated that Chisso
Corporation would pay
them for their misfortunes, but would accept no
responsibility. In
fact, there was even a clause which read,
"if Chisso Corporation
were later proven guilty, the company would not
be liable for
further compensation".
The fishermen began protesting in 1959. They demanded
compensation, but soon became intimidated by the
threats of Chisso
management.
The victims feared that if they did not settle, they
would never receive any kind of
compensation. Chisso paid off some
of the people while continuing to profit from
increased sales.
Chisso installed a "Cyclator" which
was designed to treat waste
water.
The management however, often ignored this crucial step in
their production process. Not until 1968, did Chisso Corporation
quit poisoning the waters in Minamata. The company was forced into
court in 1969, and the only reason why the
polluting stopped was
simply because the method of mercury production
became outdated.
It was later determined in court that Chisso
Corporation
consistently polluted the waster of Minamata Bay
from 1932-1968.
By 1974 only 798 victims had been officially
recognized as having
"Minamata Disease". Approximately 3,000 more people were waiting
verification from the board of physicians in
Kumamoto Prefecture.
Thousands of people continue to eat fish from
the Shiranui Sea, but
there are no reportings of significant health
hazards or mercury
poisoning like those people who suffered in
Minamata. In 1993,
almost forty years later, victims were still being
compensated for
damages.
3.
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case
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Keyword Clusters
(1):
Forum = JAPAN
(2):
Bio-geography = TEMPerate
(3):
Environmental Problem = MANUFacture
4.
Author Angie Littlefield
B. LEGAL
CLUSTER
5.
Discourse and Stage: DISagree and
COMPlete
Victims are still in the process of suing Chisso
Corporation for
damages.
The Japanese government is attempting to help Chisso
Corporation from going bankrupt, but Chisso
Corporation is already
in substantial debt from paying past victims.
6. Forum
and /Scope: JAPAN and UNILATeral
The
Kumamoto District Court, Japanese government, and Central
Pollution Board are all involved in the
case. The courts in
Kumamoto District determined rulings for the
hearings. Victims
testified their cases at the UN Environmental
Conference in Sweden,
but the UN did not intervene.
7.
Decision Breadth: 1
8. Legal
Standing: Law
On March 20, 1973, Japan's Kumamoto District
Court ruled:
"It must be said that a chemical plant, in discharging
the
waste water out of the plant, incurs an obligation to
be
highly diligent; to confirm safety through researches
and
studies regarding the presence of dangerous
substances mixed in the waste water as well as their
possible effects upon the animal, the plan, and the human
body,
always availing itself of the highest skill and
knowledge; to provide necessary and maximum preventive
measures such as immediate suspension of operation if a
case
should arise where there be some doubts as to
safety... in the final analysis...no plant can be
permitted to infringe on and run at the sacrifice of the
lives
and health of the regional residents.
The
defendant's plan discharged acetaldehyde waste water
with
negligence at all times, and even though the quality
and
content of the waste water of the defendant's plan
satisfied statutory limitations and administrative
standards, and even if the treatment methods it employed
were
superior to those taken at the work yards of other
companies in the same industry, these are not enough to
upset
the said assumption...the defendant cannot escape
from
the liability of negligence".
C.
GEOGRAPHIC FILTERS
9. Geography
a. Geographic Domain: Asia
b. Geographic Site: East Asia
c. Geographic Impact: Japan
10.
Sub-national Factors: No
The waters and marine life were affected by the
waste dumping of
Chisso Corporation. Minamata Bay is a rich fishing and farming
village.
Therefore, when the water was polluted, it had a dramatic
effect on the main resource of Minamata. The issue was decided by
Kumamoto District Court.
11. Type
of Habitat: Ocean
Minamata is known for its marine life, and is a
fishing village.
D. TRADE
FILTERS
12. Type
of Measure: REGSTD
13.
Direct vs. Indirect Impacts: IND
14.
Relation of Measure to Impact
A. Directly Related to
Product: Yes - mercury
B. Indirectly Related to
Product: No
C. Not Related to Product: No
D. Related to Process: Yes - fishing
15. Trade
Product Identification: PLASTic
16.
Economic Data
17.
Degree of Competitive Impact:
High
The many years of dumping was extremely costly
to the Minamata town
and Chisso Corporation. Chisso lost money in boycotts of their
products, in compensation to the victims, and in
the overall stress
to the company as a result of the mercury
scandal. There is no
known figure on exactly how much money Chisso
paid to the victims.
The payment was in the millions, and people are
still fighting for
money today.
In addition, the people who were fishermen in
Minamata suffered greatly since they had no
source of income when
the waters were poisoned. Minamata was known as a fishing town,
and the ocean was their main environmental
resource. When the
water became polluted, they could no longer
depend on this as a
viable resource, and had no other way to make a
living.
18. Industry
Sector: (N) [PLAST]
19.
Exporter and Importer: Japan and MANY
E.
ENVIRONMENT FILTERS
20.
Environmental Problem Type:
Pollution Sea [POLS]
The mercury affected both the marine life and
the people of
Minamata.
Because the water was contaminated, eating the fish
caused mercury poisoning in people, cats, and
birds.
21.
Species Information
Name: MANY
Type: MANY
Diversity: ?
22.
Impact and Effect: HIGH and PRODuct
23.
Urgency and Lifetime: HIGH and 10-20 years
Chisso Corporation no longer uses the chemicals
which caused
"Minamata's Disease", or dump any kind
of waste into the bay.
However, the victims have not received full
retribution. Some
people of Minamata are still trying to sue for
monetary
compensation from Chisso Corporation.
24.
Substitutes: Bio-Degradable
[BIODG]
Chisso Corporation has implemented
environmentally safe technology
in their production process. The factory quit using the mercury
method of production in 1968, because the system
became outdated.
F. OTHER
FACTORS
25.
Culture: Yes
Although cultural factors did not play a direct role in the
dispute between Chisso Corporation and the
"Minamata Disease"
victims, it did have an indirect impact. Traditionally, Japanese
people are known to be culturally humble and
loyal. Humility and
loyalties are virtues which are part of Japanese
religious
background.
In the Confucian ethic, humility is a honorable
attribute, and people are expected to be loyal
and show respect to
their elders.
This relates to the Minamata victims, because it was
the Japanese humility which kept them from
initially pressing
charges against Chisso Corporation. The Japanese people most
likely did not want to believe that a company
would intentionally
dump waste into their fishing waters, and then
out rightly deny the
accusations.
Another example is Dr. Hosokawa's loyalty. Dr.
Hosokawa was the first person to prove that
Chisso Corporation was
responsible for dumping the mercury, but his
loyalty to his company
kept him quiet.
It was noted by researchers that he was internally
tormented by knowing this information, but felt
he could not say
anything.
Finally, on his deathbed, Dr. Hosokawa testified to the
court that Chisso Corporation knew their waste
dumping had caused
the mercury poisoning. His statements were crucial to the courts
final verdict in 1973.
In
sum, cultural explanations can help illustrate why the
Minamata cases have prolonged over the
years. The legal system in
Japan is much different than the United States,
and this case is
unusual compared to the norm. Furthermore, Japanese citizens feel
a loyalty to their government and to their
companies. These people
were outwardly victimized by an authority figure
which is quite
uncommon in Japanese culture.
26. Human
Rights: Yes
The people in Minamata and Niigata have suffered
from gross
deformities, brain damage, and death. The health problems are
endless, and people are still suffering. This case is definitely
a human right violation. Chisso Corporation may have not realized
the effects of mercury poisoning, but they
negligently dumped waste
into the water.
The company also denied their negligence and tried
to misrepresent their accountability. Therefore, not only were the
people violated physically, but the victims were
disregarded
mentally.
27.
Transboundary Issues: Yes
The company supplied a chemical called diotyl
phthalate, D.O.P.,
which many other factories need for their
goods. Therefore, since
this chemical was unavailable for the short
period of time while
Chisso Corporation was shut-down, it affected
the import/export
business of other companies and affected global
trade.
