Six Years on….Rennell Landowners Seek Justice
In a first-of-its-kind claim in both collaboration and magnitude, landowners of Kangava Bay, East Rennell, are seeking at least USD$38,145,275 in compensation over the 2019 oil spill that left their coasts and sea covered in oil for weeks.
The claim was filed in the High Court last Friday.
An estimated 300 tonnes of heavy fuel oil polluted the bay and surrounding areas when MV Solomon Trader, an overseas bulk carrier ran aground due to rough seas, while there in February 2019 to load bauxite minerals from a mining operation conducted by Bintan Mining Ltd.
Considered the biggest environmental disaster in Solomon Islands history, 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.
The law-suit has named King Trader Limited, owner of Solomon Trader, whose office is located in Hong Kong, as the first defendant.
The second defendant is Korea Shipowners Mutual Protection and Indemnity Association, the insurer.
Third defendant is Bintan Mining Corporation; fourth defendant Bintan Mining(SI) Ltd, while the fifth defendant is Ms Amlin Marine NV on behalf of Ms Amlin Syndicate AML/2001
Acting for the claimants are Primo Afeau Legal Services (PALS) lawyer William Kadi and international lawyers from the Pacific Legal Network along with international counsel Harj Narulla of Doughty Street Chambers and Frank Clarke SC (Counsel).
“The connection between Solomon Islands peoples and their land is a sacred pillar of our unique culture,” Kadi said.
“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,” he added.
“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 Solomon Islands laws 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—Anthony Tamaika, Derek Pongi, Tony Kagovai and 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,” community spokesman Kangovai said.
“For six 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,” he added.
“Our community deserves justice for everything we have suffered.”
Attorney-General John Muria Jnr will lead the Solomon Islands Government in the claim.
“We wish to ensure that companies act within local and international maritime and environmental laws and those that don’t need to be held to account,” Muria said.
Solomons Environment minister Trevor Mahaga points out that “while East Rennell is a remote area, its environmental importance cannot be overstated and significant damage was done to this important part of our country and despite the generous clean-up assistance from Australia and New Zealand at the time, the residents continue to be impacted.”
Harj Narulla, a London-based barrister and leading expert in climate and environmental litigation, is acting for both claimants.
“This case is one of the worst environmental disasters in Pacific history,” Narulla said.
“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,” he added.
“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, Take 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 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.
Baner Photo Credits: George Baragamu, Deputy Director NDMO.
