chapter  9
16 Pages

The Fukushima diaspora

Assessing the state-based non-judicial remedies
WithTara L. Van Ho, Theodora N. Valkanou

This chapter examines the Japan’s reparations programme complies with the state’s international human rights law (IHRL) obligations. It focuses on the rights and compensation of individuals, setting aside claims made by prefectural governments. The chapter also examines the impact of the disaster on the human rights of the evacuees. It focuses on the impacts on the rights to housing and health for the Diaspora. The chapter explains the process of the Alternative Dispute Resolution (ADR) mechanism and the substantive remedies granted through the process. It considers how the ADR mechanism addresses the needs of the Fukushima evacuees and the results of process for the victims. The chapter argues that the establishment of the ADR mechanism has positive attributes, but it is not yet an effective remediation process for the purpose of Japan’s IHRL obligations due to procedural and substantive deficiencies.