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The United Nations (UN) Human Rights Council has formally communicated its serious concerns to the Government of Japan regarding the ongoing discharge of nuclear-contaminated wastewater from the Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean.
This development follows a complaint submitted in August 2023 by Ocean Vision Legal on behalf of the Pacific Network on Globalisation (PANG), which garnered the endorsement of over 50 civil society organizations across the Pacific region and beyond.
The complaint highlighted the potential long-term environmental, health, and human rights risks associated with Japan’s plan to release over 1.3 million metric tonnes of treated radioactive wastewater into the Pacific over the next three decades. The discharge commenced in 2023, with twelve releases having occurred to date.
The now-public UN communication, accessible via the Human Rights Council’s online portal, indicates that the wastewater release may pose “major environmental and human rights risks.”
These risks, according to the Council, include potential threats to the rights to life, health, food, and clean drinking water. The communication emphasizes the increased likelihood of radiation exposure and related health consequences, particularly for children and vulnerable populations. Furthermore, it raises concerns regarding inadequate radiation impact assessments and limited access to healthcare.
UN Special Rapporteurs also underscored the perceived lack of transparency, limited public participation, and absence of meaningful consultation surrounding the decision, stressing the importance of these elements for free and democratic societies.
The Human Rights Council specifically drew attention to allegations that Japan had not properly assessed the health impacts of the wastewater release in accordance with the best available scientific evidence. Professor Robert Richmond from the University of Hawaiʻi, a former panelist of the Pacific Islands Forum Commissioned Expert Panel, expressed his disappointment with Japan’s decision, stating, “It is well known that radionuclides can be taken-up, accumulated and biomagnified by marine life, negatively affecting marine ecosystems and people who consume contaminated seafood.” He further suggested that “better and safer alternatives exist, including using the accumulating contaminated water for concrete for needed on-site structures.”
The UN Human Rights Council further emphasized long-standing international obligations and laws, including the prohibition of transboundary environmental harm, the necessity of conducting environmental impact assessments and applying the precautionary principle, and relevant provisions of the United Nations Convention for the Law of the Sea (UNCLOS). The communication stressed the responsibility of states to ensure that activities within their jurisdiction do not cause damage to the environment of other states or areas beyond national jurisdiction, asserting that Japan’s discharge could constitute such damage.
UN Special Rapporteur Marcos Ornella stated, “We remind Japan of its international obligations to prevent exposure to hazardous substances, to conduct environmental impact assessments of the risks that the discharge of water may have, to prevent transboundary environmental harms, and to protect the marine environment.”
For Pacific island nations and coastal communities, who have long faced the consequences of ocean degradation, the communication is seen as an affirmation of their long-held stance that the Pacific is not a dumping ground. The region continues to grapple with the devastating legacy of nuclear contamination from past testing, marked by severe health impacts across generations and the ongoing failure to adequately clean up contaminated sites.
Joey Tau, Coordinator of the Pacific Network on Globalisation, expressed the disappointment of Pacific groups, stating, “As Pacific groups, we remain disappointed in the Japanese Government and TEPCO’s shameless disregard of the calls by numerous Pacific Leaders and civil society groups to hold off on any further release. Their ignorance constitutes a brazen threat to Pacific peoples’ livelihoods, safety, health and well-being, and the sovereignty of Pacific nations.”
The UN communication sends a clear message that ocean issues are intrinsically linked to human rights and necessitate precautionary and informed action grounded in international environmental law to protect both people and the marine environment. Dr. Anna von Rebay, CEO & founder of Ocean Vision Legal, highlighted the significance of the communication, stating, “Although not legally binding, this communication is a crucial milestone. It informs the interpretation of human rights and environmental law in response to contemporary threats, contributing to the development of customary international law and strengthens accountability for any actor harming the Ocean. Ultimately, it paves the way towards a future where the Ocean’s health is fully recognised as fundamental to human dignity, justice, and intergenerational equity.”
The Pacific Network on Globalisation, Ocean Vision Legal, and their endorsing partners are strongly urging Japan to uphold human rights by halting further wastewater discharges and pursuing alternative solutions.
Note: A response from Japan has been received and is currently being processed. It is available at:
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