Compensation Claim Filed for Biggest Environmental Disaster in Solomon Island’s History
Landowners of Kangava Bay, East Rennell, Solomon Islands have today filed a compensation claim against international companies responsible for a monumental oil spill in 2019 which heavily polluted their customary lands. The claim has been filed in the High Court of Solomon Islands in Honiara.
Considered the biggest environmental disaster in Solomon Islands history, the grounding of the MV Solomon Trader and subsequent oil spill caused environmental devastation at Rennell Island. A first-of-its-kind claim in both collaboration and magnitude, the customary landowners affected by the spill, along with the Government of the Solomon Islands have joined as co-claimants to pursue a group of international companies for environmental and other damages.
Acting for the claimants are Primo Afeau Legal Services (PALS) lawyer William Kadi and international lawyers John Ridgway and Dirk Heinz from the Pacific Legal Network along with international counsel Harj Narulla and Frank Clarke (Counsel).
“The connection between Solomon Islands peoples and their land is a sacred pillar of our unique culture,” said William Kadi. “The communities we represent have had their traditional lands and waterways irreversibly damaged by this disaster, lands and reefs they have relied on for centuries. Today we start the process of helping the community heal by seeking justice and accountability for the mess left behind by these companies at Kangava Bay.”
The legal basis of the claim will be established relying on a mixture of claims for damages under the local laws of the Solomon Islands and recognised international conventions, for the allocation of liability and compensation for pollution events caused by large shipping vessels.
The landowners and communities of Kangava Bay, Lughu Ward are represented by tribal, community elders and youth representatives—Mr Anthony Tamaika, Mr Derek Pongi, Mr Tony Kagovai and Mr James Tipaka. Together these four persons represent the landowning tribes and communities whose lands were most affected by the spill.
“Our way of life changed on the day that ship wrecked on our reef. For 6 years we have not known whether the fish we are eating are safe to eat or whether our lands and waters are free of poison. Our community deserves justice for everything we have suffered,” said Tony Kagovai, Local Chief of Lughu Ward, Kangava Bay and spokesperson for the community.
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Harj Narulla, an Australian barrister based in London, with strong experience in environmental litigation, is acting for both claimants.
“This case is one of the worst environmental disasters in Pacific history. The customary landowners and Solomon Islands Government are owed millions of dollars in compensation for the catastrophic harm they have suffered from the Rennell Island oil spill,” said Harj Narulla.
“Our clients continue to live with the daily impact of this disaster and have waited six long years for the corporations responsible to be held accountable. By filing today’s landmark case we will ensure that justice delayed is not justice denied.”
Rennell Island is the southernmost island of the Solomon Islands group. It is the largest raised coral atoll in the world, covering an area of 87,500ha at 86km long and 15km wide. On the island is the UNESCO listed world heritage site, Lake Tegano, the largest freshwater and inland lake in the Pacific.
The environmental damage to the terrestrial and marine environments in Kangava Bay as a result of the grounding event and subsequent oil spill have been substantial. Estimates are that more than 300 tonnes of heavy fuel oil were discharged from the wrecked ship before the oil leak was sealed, toxifying the reef and surrounding marine and shore environments.
The people living within the Kangava Communities have been living with the effects of the oil spill for 6 years, with little to no information as to the ongoing health risks they may be exposed to because of the spill.
Clean-up and salvage operations in the wake of the spill were jointly handled by Solomon Islands (through the National Disaster Management Office and Solomon Islands Maritime Authority), the Australian Government (through Department of Foreign Affairs subcontractors) and the New Zealand Government (through the Ministry of Foreign Affairs and Trade subcontractors).
Neither the Kangava Community nor the Solomon Islands Government have received any compensation amounts from the parties that it is alleged are responsible.
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