Compensating the Banabans

Press, 4 August 1977, Page 16

Compensating the Banabans

The dismay of the Banabans—who had declined a $1.25 million offer of compensation to seek a High Court judgment against the British Crown—when they were awarded only $16,000 can be imagined. In addition, the Banabans have to find some $500,000 in legal expenses. However, they have $lO million promised to them by the Governments of Britain, New Zealand, and Australia. A condition of that claim was that they would take no further court action against the British Crown and would seek an early resolution of the claim they had made against the British Phosphate Commission.

They lost a case against the Crown but won against the commission, though the award turned out to be much less than they had hoped, and far less than wouM be necessary to replant Ocean Island, where the phosphate is likely to run out in 1979. The New Zealand Government has already said that the ex gratia payment of sAustlO million should go ahead if the Banabans confine their appeal to the issue of replanting on Ocean Island.

New Zealand has a special responsibility to the Banabans because Ocean Island has, for more than 50 years, been one of the three sources of supply of phosphatic rock used to make the fertiliser on which New Zealand’s grassland farming has been based. Only in recent years has the world price for the phosphate been paid. New Zealand, with Australia and Britain, formed the British Phosphate Commission which mined Ocean Island. Not only did the New Zealand economy thrive because of the supply of the phosphate, but Britain had the advantage of cheap

agricultural produce from New Zealand. The Banabans have received modest royalty payments for 50 years, and now have to make their permanent homes in a distant island.

When the phosphate runs out the Banabans, who now live on the island of Rabi in the Fiji group, will have little left. The sAustlO million, if invested wisely, would produce a few hundred dollars a year for each of the 3000 Banabans. Some had hoped to return to Ocean Island but unless the compensation is increased so that soils may be carted and trees replanted, they are unlikely to be able to do so. They have spent more than SNZSOO,OOO on legal fees in their fight for compensation so it might appear that their best course is to pursue the matter further through the courts.

Yet the legal wrangles have gone on long enough. What the Banabans need is to look forward to a reasonable future, not one clouded, as the last few years have been, by the pursuit of their hopes through the courts. They need to forget all about the courts and to think about their own development They turned down the offer of sAust--1.25 million as an out-of-court settlement from the commission as being too low. The commission might now consider offering to meet the Banabans’ legal fees, and then make another offer which the Banabans must consider seriously after the High Court award. It need not be a bonanza for the Banabans, but enough for some justice to be done. It is doubtful if anything can be done about the devastation of the island, but continuing bitterness need not be the other heritage