Soloman Islands Sues Ship Operators Over Devastating 2019 Oil Spill

A legal case was filed in the High Court in Honiara, Soloman Islands, on January 31, 2025, over a devastating oil spill that has been one of the country’s worst environmental disasters.

Local landowners and the Soloman Islands Government are taking international companies to court, seeking compensation for the damage caused.

The incident occurred on February 5, 2019, when Hong Kong-flagged MV Solomon Trader, which was carrying 700 tonnes of oil, broke loose during a cyclone and ran aground on Kongobainiu Reef.

This area is prone to cyclones, and the ship, which was loading bauxite from a nearby mine, spilt oil into the water, causing severe harm to marine life into the water, causing severe harm to marine life and the environment.

The spill affected local villages, including Matanga, Vangu, Lavangu, and Kangava, forcing them to depend on food deliveries from the capital, Honiara.

Oil spills are dangerous because they release toxic chemicals like volatile organic compounds (VOCs) and polycyclic aromatic hydrocarbons (PAHs) into the water, which harm both wildlife and humans.

The cleanup of such spills is costly and complicated. Now, the ship’s owners, the bauxite mining company, and their insurers are being held responsible in court by the affected parties, including local landowners and the Soloman Islands Government, who are demanding compensation for the long-lasting damage.

The case is being led by William Kadi from Primo Afeau Legal Services (PALS) alongside international lawyers John Ridgway and Dirk Heinz from the Pacific Legal Network.

Local lawyers Harj Narulla and Frank Clarke represent the affected landowners. Defendants include two insurance companies: MS Amlin Marine NV from the Netherlands and Korea P&I Club, which is connected to the South Korean government.

The impact of the oil spill has been devastating for local communities for over six years. Rennell Islands, home to the UNESCO World Heritage-listed Lake Tegano, was severely affected.

Lake Tegano is the largest freshwater lake in the Pacific and is surrounded by a rich ecosystem. Dirk Heinz of the Pacific Legal Network says how devastating the spill has been for the communities who rely on the land and sea for their survival.

He pointed out that these communities had already been suffering from poor mining practices before the spill and were heavily dependent on the reef for fishing and fresh water.

Bauxite mining is a major part of the Soloman Islands’ economy, generating around $40 million annually. However, the mining industry is often criticised for poor practices, corruption and a lack of protection for local landowners.

The outdated Mines and Mineral Act of 1990 has allowed foreign companies to exploit the resources without properly addressing environmental concerns. Even though a new bill to replace this law is in the works, it has not yet passed in Parliament.

Critics, including local geologist Nicholas Biliki, have called out the Solomon Islands government for fast-tracking mining approvals and giving tax exemptions to foreign companies, resulting in lost revenue.

Biliki warned that with an estimated $59 billion in minerals expected to be extracted soon, the situation could get worse.

International shipping companies and vessel operators, such as those involved in the MV Solomon Trader, often avoid taking responsibility for the damage they cause.

The ship’s operators have been accused of poor practices, including being stuck in the bay for three months and releasing over 70 tonnes of bunker fuel into the ocean.

Back in 2019, the cleanup and damage were estimated at $38 million, but six years later, the victims are still waiting for compensation, and no company has been held accountable.

Heinz stated that the $38 million was just the minimum claim, and the total amount could increase due to the lack of remediation.

The lawsuit also claims violations, including the Bunkers Convention, which the Solomon Islands only ratified in 2021. The landowners have organised a class-action style claim, with one lead customary landowner representing the community.

They have also set up a trust to ensure that any compensation goes to the entire community, not just a few individuals. Heinz said that the funds need to be used fairly and for the benefit of the whole community.

This case is complicated, involving several parties across the globe, including companies based in the British Virgin Islands, South Korea, and the Netherlands.

The legal team is working hard to bring everyone to court in the Solomon Islands, even though it’s challenging due to the international nature of the case.

Reference: LSJ

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