INSUBCONTINENT EXCLUSIVE:
Sri Lankas new government, led by President Anura Kumara Dissanayake, will introduce a fresh investigation into the handling of the MV
X-Press Pearl freight ship disaster that ravaged marine life along swaths of the island nations coastline 3 years ago, a senior minister has
actually told Al Jazeera.The announcement came in the middle of accusations of corruption, hold-up techniques and mismanagement in handling
the after-effects of the catastrophe, and an absence of settlement for the impacted fishermen.In May 2021, the Singapore-registered freight
ship ignited near Negombo, a popular tourist location off the Sri Lankan west coast, spilling tonnes of dangerous compounds, including
nitric acid and microplastic granules, into the Indian Ocean.The fire on the ship, heading to Sri Lankas main city of Colombo from the
Indian state of Gujarat, was thought to have been brought on by a nitric acid leak
The hazardous leak from the ship eliminated a great deal of fish, turtles and other marine mammals, and devastated the incomes of more than
20,000 fishing families.Three years after the fire and oil leak on the ship, individuals are still awaiting justice in the form of payment
and accountability.Dissanayakes government now plans to investigate the occurrence after the countrys parliamentary elections conclude on
There are many claims about the X-Press Pearl disaster, Vijitha Herath, the countrys public security minister informed Al Jazeera and
Watershed Investigations, a United Kingdom-based nonprofit investigative journalism organisation focusing on water issues.I am personally
committed to learning the fact
We will leave no stone unturned.Risk of cash launderingBased on a quote by a 40-member committee of experts appointed by the nations Marine
Environmental Protection Authority (MEPA) soon after the disaster, Sri Lanka is seeking $6.4 bn from London P&I Club, the UK-based insurers
of the X-Press Pearl, as settlement for the ecological damage triggered by the catastrophe
The claim was filed in Singapore in April 2023 under the then federal government, headed by President Ranil Wickremesinghe.In September this
year, a report by the nations Parliamentary Select Committee (PSC), formed to examine the handling of the freight ship disaster and mitigate
future threats, stated Sri Lanka has actually so far gotten almost $12.5 m from London P&I Club.In addition to that, over the last 3 years,
the MEPA received 3.5 m rupees ($11,945), while the Department of Fisheries and Aquatic Resources accepted about 3bn rupees ($10.5 m) from
London P&I Club all in local currency, a truth that has actually raised suspicions of corruption and will now be investigated by the
brand-new government.Darshani Lahandapura, the former head of MEPA, had actually led the beach cleansing operations following the disaster
She informed Al Jazeera that she had actually come under government pressure to accept the compensation payments in regional currency at a
time when the country was going through its worst economic crisis as inflation had soared and the Sri Lankan rupee was
depreciating.Government officials [from Wickremesinghes administration] exerted pressure on me a number of times to accept the payment in
Sri Lankan rupees, Lahandapura said.By asking to pay the compensation in local currency, I believe the shipowners were trying to take an
excessive advantage of the recession and some federal government officials were supporting their need, she added
The worth of the Sri Lankan rupee dropped by practically 50 percent against the US dollar in 2022 when the economic crisis
started.Lahandapura told the PSC she had highly resisted accepting payments in rupees
The insurance companies still made two payments in the local currency.In her view, accepting payments in rupees might posture a risk of cash
laundering, the PSC said in its report, referring to Lahandapuras statement.Al Jazeera reached out to the London P&I Club to comment on the
accusations, however did not get any response.Alleged hold-up in requiring compensationThe PSC report concluded that the disaster exposed
vital gaps in the countrys capability to prevent and manage maritime pollution incidents.The Committee discovered that delays in legal
procedures and inadequate coordination in between federal government companies had worsened the environmental and financial damage, it
said.Moreover, the suit demanding settlement from the London P&I Club was served by the Sri Lankan authorities 23 months after the disaster
happened, just days before the due date, stipulated under worldwide law, was set to end
The law mandates that a claim for payment in case of a marine mishap should be made within 2 years of the event
The lawsuit was filed under then-Attorney General Sanjay Rajaratnam.There appeared to be some lethargy or intentional delay from the
Attorney Generals Department (AGD) in dealing with the X-Press Pearl vessel disaster case, Lahandapura, the previous head of MEPA, told the
parliamentary committee.However, the then minister of justice, Wijeyadasa Rajapakshe, blamed the MEPA for the hold-up in submitting the
suit, saying the marine firm sent its ecological effect report late.According to a confidential authorities source in the Sri Lankan federal
government, the Attorney Generals Department responded immediately to requests from the shipowners, but took a very long time to react to
MEPAs queries.I dont have evidence to recommend anybody at the AGD got any monetary benefit, however if the nations AGD was sluggish in
dealing with such an important case, it certainly raises suspicion, the source told Al Jazeera.Al Jazeera reached out to the Attorney
Generals Department for its reaction to the accusation, but it has not yet received a response
Al Jazeera also sought an action from Rajaratnam, under whom the lawsuit was filed, however he declined to comment.Why Singapore?Another
controversial concern likely to be investigated is the choice for the compensation case to be heard in Singapore, where the ship was
registered, instead of Sri Lanka, where the mishap occurred.What we suggested was to litigate the legal case in Sri Lanka, Dan Malika
Gunasekara, a legal professional selected by MEPA, told Al Jazeera
The Attorney Generals choice to submit it in Singapore raises serious concerns as to how he arrived at such a decision considering all the
surrounding situations, particularly concerning the consequences.Gunasekara was referring to an issue, also highlighted in the PSC report,
that due to Singapore being a signatory to the Convention of Limitation of Liability for Maritime Claims (LLMC Convention), the payment
could be restricted to roughly 19 million GBP ($24.7 m)
As the government had actually approximated the legal expenses could reach $10m, it would leave just about $14m for clean-up and
compensation.Critics state the decision to move the lawsuit to Singapore cost the federal government of Sri Lanka dearly.The cabinet of
ministers had at first approximated $4.2 m as legal expenses in Singapore however it was later amended and now $10m has actually been
allocated for the Attorney Generals Department, stated Asela Rekawa, who prospered Lahandapura as MEPA chairman.We were told that we wound
up costs valuable foreign currency reserves at a time when Sri Lanka was facing bankruptcy because of the foreign currency deficit, stated
Professor Ajith de Alwis, co-chair of the MEPA-appointed clinical committee
In addition, valuable little assistance was offered to study the concern in many ways.However, according to the PSC report, the London P&I
Club had actually expressed issues about concerning Sri Lanka due to the unfavorable promotion and security worries and preferred to join
the negotiations over the compensation in Singapore.The then Sri Lankan minister of justice, Wijeyadasa Rajapakshe, likewise safeguarded the
option of Singapore to prosecute the issue.Singapore is home to countless shipping business and no company would risk damaging their
organization by neglecting a judgment from a Singaporean court, he told Al Jazeera, adding that the decision was made following guidance
from an Australian legal firm.In any case, it might have been hard to impose the judgement on a UK company by a Sri Lankan court, he
said.According to the countrys Fisheries Department, almost 20,000 fishermen have been paid a total of almost $10m, but a leader of the
fishing trade union said it was not enough.The fishermen got various quantities of money based on the area, between 10,000 rupees ($66) and
270,000 rupees ($900) however some needed to send appeals and nearly 2,000 indirect fishermen are still intending to get any payment, Roger
Peiris, a leader of a fishing trade union, told Al Jazeera, referring to people who offer fish, own boats, or those associated with the dry
fish industry.But I do not even count this as compensation, it was just for lack of an instant income
Payment for fishermen is something that needs to be discussed independently
Fishermen would only get proper settlement after the legal problems are over.Source: Al Jazeera-- Agencies
