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Enlightening lessons on burning ships

28 May 2021

Sitting idly by till something happens to take action instead of identifying and rectifying loopholes before something awful happens, has always been a part of many levels of Sri Lanka’s administrative system, and this is largely caused by the lack of willingness to shift from traditional practices and laws to new ones, and the lethargy in accepting why it is necessary and beneficial.  The Singapore-flagged container ship MV X-Press Pearl caught fire last week off the Colombo Harbour, and while the authorities saved the ship’s crew and are still struggling to extinguish the fire, Sri Lanka is yet to assess the degree and nature of the damages that the chemicals leaked from the ship would cause to Sri Lanka, especially to marine life. Following the incident, environmentalists underscored that not having adequate information as to the types of chemicals that were aboard the ship has prevented Sri Lanka from gauging the extent and nature of the damage the incident could cause to Sri Lankan waters, while the lack of laws to deal with such incidents has also rendered Sri Lanka unable to obtain adequate compensation for the damages to the environment. This is not the first time such an incident occurred in recent memory. Last year, oil tanker MT New Diamond caught fire in the eastern coast of Sri Lanka, and created a massive oil leakage in Sri Lankan waters, causing environmental damage. This too shows the repercussions of not having in place proper legal provisions, as Sri Lanka received only around $ 65,000 instead of the expected compensation of $ 2.2 million, according to environmentalists. Why Sri Lanka failed to learn a lesson from that and start to pay attention to legal and/or procedural changes, remains a question. Speaking of the procedures, environmentalists have also pointed out that Sri Lanka does not have a rapid response mechanism, even though Sri Lanka is located in an extremely busy international shipping route. They are of the opinion that had Sri Lanka had such a mechanism in place, the country would have had more leverage to hold the insurance covering the ship accountable both financially and legally for any damages it caused in Sri Lanka’s territory.  Also, certain media outlets reported that the MV X-Press Pearl had been denied permission to enter ports in India and Qatar, when the ship’s crew, after noticing leaking chemical containers on the ship, sought permission to offload certain containers at those ports. While this could be considered a gesture of goodwill by all means, there are concerns as to whether the situation was properly assessed, especially in light of the potential environmental damage leaking chemicals could have caused, and whether Sri Lanka’s assessment found the same reasons that compelled India and Qatar to deny permission in the first place. Did they deny permission because they saw a bigger risk that we failed to see, is a question that needs to be answered.  The massive environmental damage such incidents can cause in Sri Lankan waters is not the only reason that makes proper laws and procedures crucial. Incidents of this nature also involve international affairs, Sri Lanka’s geographical location, large-scale businesses. as well as a massive amount of money and resources, and therefore, these matters are not confined to merely dousing a fire and saving a ship’s crew. As some Sri Lankans collected the debris of the ship, which some believe to be highly toxic due to the chemicals that were aboard the ship, there is also a domestic aspect to this issue. Any compensation that is due to Sri Lanka should be received, and if Sri Lanka does not have the necessary legal and procedural provisions in this connection, the immediate step should be for the rulers and authorities to take action to ensure that Sri Lanka receives adequate compensation. Also, now that two similar incidents have occurred, as a long-term solution, addressing the legal and procedural inadequacies is a must.  


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