The Lessons Learnt from Japan’s Mechanisms to Compensate Victims of the Fukushima Daiichi Nuclear Accident

In 2011, Japan was hit by a 9.0 magnitude earthquake and tsunami, and later was followed by the nuclear meltdown at the Fukushima Daiichi Nuclear Power Plant (NPP). As a result of the nuclear accident, many victims living within the vicinity of the NPP had to evacuate their homes. Japan decided to adopt several mechanisms to compensate the victims that suffered nuclear damage – firstly through the mechanisms adopted by the Government of Japan (GOJ), secondly through TEPCO’s compensation system, and lastly litigation in courts. This paper shall focus only on the mechanisms adopted by GOJ. This paper aims to critically analyze the compensation mechanisms adopted by Japan, and to explore whether such compensation mechanisms can be adopted in Malaysia under the Atomic Energy Licensing Act 1984 (Act 304). This paper is qualitative in nature and was conducted through a doctrinal study of existing literature such as articles, journals and reports regarding compensation mechanisms for nuclear damage. This paper finds that Act 304 does provide for the compensation mechanisms such as “Government indemnity”, “financial security” and “partial payments”. However, these provisions are very general, not as detailed and structured as Japan. Therefore, this paper recommends that Malaysia consider adopting Japan’s compensation mechanisms into its national legislation, and take into consideration the lessons learnt especially regarding the special litigation procedure; scope of nuclear damage; simplified claim procedures; easy access to mediation; type of assistances; and the right to legal representatives.