Sri Lanka Demands for the maximum amount of compensation owed to the state as a result of a potential environmental disaster

June 28, 2021 at 1:49 PM

The Chairman of the Center for Environmental Justice’s (CFEJ), Ravindranath Dabare, and specialists in environmental sciences and marine biologists, stated that there is clear evidence that the owner of the chemical container ship “M-VXPress Peal ship” that burned off the capital Colombo recently, as well as its Captain and other relevant officials having deliberately neglected or failed to inform the relevant authority in Sri Lanka of the possibility of a toxic chemical being released when it entered the maritime boundary lines, Which pushed them to file a case, demanding large financial compensation for the potential environmental disaster, which proved the leakage of a large number of toxic substances into the water, adding that the damage to the marine environment and the southwestern coastline is very worrying and the state cannot deal with this environmental disaster. For her part, UN resident coordinator in Sri Lanka Hanaa Singer-Hamdy said in a statement late on Saturday, “An environmental emergency of this nature causes significant damage to the planet by the release of hazardous substances into the ecosystem,” and. “This, in turn, threatens lives and livelihoods of the population in the coastal areas.” She also noted that the United Nations is coordinating international efforts and assisting Sri Lanka in assessing damage and recovery efforts and preventing such disasters from occurring in the future.

Ranil Nanayakkara – Ph.D. in Environmental Science & Marine Biologist said “Actually, a country such as Sri Lanka is not well equipped to face such a disaster of such magnitude. Not only Sri Lanka but many other countries located in the Indian Ocean are also the same. We are in an appalling situation whether to advise people on the consumption of fish since it is one of the main sources of protein which is economical compared to other sources such as poultry. It is up to the masses to decide whether or not to consume fish, since unlike in Japan locally cooked fish are consumed, and which may reduce the effects of the chemical in the process of preparation. It is up to the people to decide whether or not to consume fish until a proper report is issued. Since it depends on the variety of the fish and its food chain.”

Muditha Katuwawala – Project Coordinator for the Pearl Protectors) “The damage which has been done to our Marine Environment is highly alarming. The damage which has been caused to the southern and western coastlines due to the M-VXPress Pearl Vessel is of a great magnitude. Today, we are here at the Wellawatte beach, and it is visible, and proven that a mass amount of toxic has been leaked to the ocean. The cargo had contained 25 metric tons of Nitric Acid, Caustic Soda, Ethanol, Cosmetic chemicals, and many other hazardous chemicals. The biggest crisis being the ‘Plastic Pellets’, we assume that nearly 4 to 5 million tons of plastic pellets have been washed ashore and are afloat on the sea. The Plastic Pellets and if in any case if there has been an Oil Spillover, It is a great adverse effect on the ocean environment.”

“As I stated earlier, nearly 4-5 million plastic pellets have been accumulated in the sea. We are here to collect samples of the plastic pellets to find a solution to this menace. Since the pellets are as minute as 20 milligrams, it is quite difficult to separate them from the sand. Apart from that, the pellets have been afloat on the sea and it does not sink to the sea bed. Since it is small in size and shiny and white like fish roe, many fish and other marine organisms consume them.”

“As per the evidence which is prevailing, there is an Oil Spillover consisting of the thin layer around the ocean. (MEPA – Marine Environmental Protection Authority) has been activated to take remedial steps. Although steps have been taken, the GoSL has not officially given a stance on the ‘know-How’ of the Oil Spillover, and its effect on it the environment. Since there is no transparency in this regard, it is a real concern. It is compulsory, that the Marine Biologists and the masses should be aware of the gravity of such issues.”

“As per the current information, why the Oil Spill Over has not been disclosed to the general public. Since it might have various effects on the Fisheries Industry. Apart from that, Tourism Industry and Coastal Communities will also have an impact.”

Ravindranath Dabare – Chairman of Center for Environmental Justice’s (CFEJ), Attorney-At-Law, Environmental Protection Activist based in Colombo said

“This case has been taken to courts for several main reasons. You might reminiscence that on a previous occasion when various allegations were leveled at various government officials for the negligence of their responsibilities, when MT New Diamond caught fire off the western coast of Sri Lanka (On 3 September 2020) and we could not retrieve a substantial amount of compensation compared to the damaged caused. The Center for Environmental Justice (CFEJ), as an institution that represents the general public, we are doubtful the same would repeat in this incident as well. That is the main reason, we have appeared on behalf of the masses to claim the proper compensation in contrast to the magnitude of the damage as an alternative step, and since we are doubtful the government officials will not act upon it on a proper stance. The other reason being, many critics were concerned that the country will not be able to claim the proper and justifiable compensation due to certain anomalies. We wanted to point out other legal points to claim this compensation, and that being our second intention. The other intention being, that there were various rumors that International and Local Brokers intervened and our compensation being subjected to undercut deals to the benefit of the International and Local Brokers. As the Center for Environmental Justice (CFEJ) chairman, we intervened to make sure that no such undercut deals take place, and to get the maximum compensation which is in due to the country and the public.”

“When filing this case we received clear pieces of evidence that the Ship Owner (Company), the Captain of the M-VXPress Peal vessel, local agent, and other responsible concerned officials have neglected or have deliberately failed to inform the country’s relevant authority of the possibility of a Toxic chemical spillover when entering out maritime borderlines, which is a serious crime. We also have received all pertaining information from the relevant parties. When such as serious crime has taken place, our main intention was to highlight all available legal measures to site the damage and obtain a Court Order to claim the compensation. We received evidence and all information of the manifesto under the Right to Information Act (RTI Act), and we submitted the evidence to the case. The issue is whether, the ship was transporting Cargo which was listed as “Sea-Worthiness” or Cargo that was suitable to be transported via sea route, which was not suitable for Cargo. As per the Merchant Shipping Act Section 205 & 206, it’s a crime as per the Maritime Law of Sri Lanka.”

Source- A24 News