(Provisional Translation)

Statement by Prime Minister Junichiro Koizumi Concerning the Swift and Comprehensive Solution of the Hansen's Disease Issue

May 25, 2001



With regard to the ruling of the Kumamoto District Court on 11 May 2001 that ordered the Government to pay compensation in the Hansen's disease case, bearing in mind the history of measures concerning Hansen's disease in Japan and the great pain and suffering of patients and former patients, I am resolved to make an extremely exceptional decision that the Government of Japan will not appeal the ruling of the Kumamoto District Court.

In making this decision, as Prime Minister of Japan, and indeed as a living, breathing member of modern society, I have thought seriously about how to respond to the various hardships and suffering the patients and former patients of Hansen's disease have experienced over long years, and how the rehabilitation of their honor and dignity could be achieved.

Bearing seriously in mind that former policies adopted by Japan in the admitting of patients of Hansen's disease to facilities restricted and limited the human rights of many patients, in addition to the severe prejudice of society in general and the discrimination that has existed, the government has deeply reflected on the pain and suffering experienced by patients and former patients alike and would like to offer an honest apology to those people and condolences to those who have already passed away after much suffering and resentment.

The ruling of the Kumamoto District Court has clearly reaffirmed to the people of Japan the importance of the Hansen's disease issue, and has been praised as a means of resolving the issue. However, in this ruling there were a number of grave legal problems concerning the fundamental modalities of national policies, such as the judgment on the legislative activities of the members of the Diet and the interpretation of civil laws. In the normal case in such a situation the government would have no choice but to employ appeal proceedings and take such legal problems to the higher echelons of the judicature for litigation and ruling.

However, in proceedings concerning Hansen's disease, cases in addition to this particular one are under way in many places including Tokyo and Okayama. There are also several thousand patients and former patients of Hansen's diseases around the country who have not instituted legal proceedings. Moreover, the patients and former patients are already of advanced age.

Taking all of these factors into consideration, in the Hansen's case, I judged that of the greatest importance was to achieve a resolution as promptly and comprehensively as possible.

In this situation, I decided that the government will not launch an appeal, but will issue an announcement that makes clear its stance concerning the legal issues of the ruling, and effect a swift and comprehensive resolution to the Hansen's disease issue through the following uniform responses toward the plaintiffs in this particular case, as well as all patients and former patients of Hansen's disease throughout the country, regardless of whether or not they have been involved in legal proceedings in the various regions of Japan.

1.
Based on the figure of compensation set in the ruling by the Kumamoto District Court, examinations will be swiftly begun into the creation of legislative measures to provide new compensation to all patients and former patients, regardless of whether or not they are currently involved in legal proceedings.

2.
Measures will be created to the greatest extent possible to restore honor and promote welfare. Specifically, a retirement income (pension) fund, as requested by the patients and former patients will be established, and urgent study will proceed into the realization of implementation of educational activities to restore honor and dignity to the victims of the disease, and through the improvement of the Hansen's disease museum.

3.
A forum for discussion between the Ministry of Health, Labour and Welfare and patients and former patients will be established, to achieve resolution through discussions of the various issues suffered by patients and former patients.

Five years have passed since the abolition of the Leprosy Prevention Law, but past history is not something that can be simply erased. Similarly, patients and former patients cannot regain the time they have lost. I would like to emphasize that the government is resolved to channel all its energies into the resolution of the Hansen's disease issue.

At the same time, in order to proceed with a resolution to the case, naturally together with the efforts of the government, it is of great important that each and every person in Japan reflects seriously on this issue and while looking back to the past, makes every endeavor to move toward the future.

I sincerely hope that this ruling will serve to further deepen the understanding of the people of Japan regarding Hansen's disease.