Sri Lanka to probe ‘corruption’ in handling of 2021 cargo ship disaster

Colombo, Sri Lanka – Sri Lanka’s caller government, led by left-leaning President Anura Kumara Dissanayake, volition motorboat a caller probe into the handling of the MV X-Press Pearl cargo vessel catastrophe that devastated marine beingness on swaths of the land nation’s coastline 3 years ago, a elder curate has told Al Jazeera.

The announcement came amid allegations of corruption, hold tactics and mismanagement successful dealing with the aftermath of the disaster, and a deficiency of compensation for the affected fishermen.

In May 2021, the Singapore-registered cargo vessel caught fire adjacent Negombo, a fashionable tourer destination disconnected the Sri Lankan westbound coast, spilling tonnes of hazardous substances, including nitric acerb and microplastic granules, into the Indian Ocean.

The occurrence connected the ship, heading to Sri Lanka’s main metropolis of Colombo from the Indian authorities of Gujarat, was believed to person been caused by a nitric acerb leak. The toxic leak from the vessel killed a ample fig of fish, turtles and different marine mammals, and devastated the livelihoods of much than 20,000 sportfishing families.

In the sweltering vigor of occidental Sri Lanka, astir 200 women are inactive engaged collecting integrative nurdles washed ashore from the X-Press Pearl catastrophe [Saroj Pathirana/Al Jazeera]

Three years aft the occurrence and lipid leak connected the ship, radical are inactive awaiting justness successful the signifier of compensation and accountability.

Dissanayake’s authorities present plans to analyse the incidental aft the country’s parliamentary elections reason connected November 14. His National People’s Power (NPP)-led governing confederation is expected to triumph the vote.

“There are galore allegations astir the X-Press Pearl disaster,” Vijitha Herath, the country’s nationalist information curate told Al Jazeera and Watershed Investigations, a United Kingdom-based nonprofit investigative journalism organisation focusing connected h2o issues.

“I americium personally committed to uncovering retired the truth. We volition permission nary chromatic unturned.”

‘Risk of wealth laundering’

Based connected an estimation by a 40-member committee of experts appointed by the country’s Marine Environmental Protection Authority (MEPA) soon aft the disaster, Sri Lanka is seeking $6.4bn from London P&I Club, the UK-based insurers of the X-Press Pearl, arsenic compensation for the environmental damage caused by the disaster. The suit was filed successful Singapore successful April 2023 nether the past government, headed by President Ranil Wickremesinghe.

In September this year, a study by the country’s Parliamentary Select Committee (PSC), formed to analyse the handling of the cargo vessel catastrophe and mitigate aboriginal risks, said Sri Lanka has truthful acold received astir $12.5m from London P&I Club.

In summation to that, implicit the past 3 years, the MEPA received 3.5m rupees ($11,945), portion the Department of Fisheries and Aquatic Resources accepted astir 3bn rupees ($10.4m) from London P&I Club – each successful section currency, a information that has raised suspicions of corruption and volition present beryllium investigated by the caller government.

The incidental occurred astir 9.5 nautical miles (17.6km) from the shore. Locals callback the ship’s tremendous fireball, which led to a impermanent sportfishing prohibition successful the lagoon [Saroj Pathirana/Al Jazeera]

Darshani Lahandapura, the erstwhile caput of MEPA, had led the formation cleaning operations pursuing the disaster. She told Al Jazeera that she had travel nether authorities unit to judge the compensation payments successful section currency astatine a clip erstwhile the state was going done its worst economical situation arsenic ostentation had soared and the Sri Lankan rupee was depreciating.

“Government officials [from Wickremesinghe’s administration] exerted unit connected maine respective times to judge the outgo successful Sri Lankan rupees,” Lahandapura said.

By asking to wage the compensation successful section currency, “I judge the shipowners were trying to instrumentality an undue vantage of the economical situation and immoderate authorities officials were supporting their demand,” she added. The worth of the Sri Lankan rupee slumped by astir 50 percent against the US dollar successful 2022 erstwhile the economical situation started.

Lahandapura told the PSC she had “strongly resisted” accepting payments successful rupees. But the insurers inactive made 2 payments successful the section currency.

“In her view, accepting payments successful rupees mightiness airs a hazard of wealth laundering,” the PSC said successful its report, referring to Lahandapura’s statement.

Al Jazeera reached retired to the London P&I Club to remark connected the allegations, but did not person immoderate response.

Alleged hold successful demanding compensation

The PSC study concluded that the catastrophe “exposed captious gaps successful the country’s quality to forestall and negociate maritime contamination incidents”.

“The Committee recovered that delays successful ineligible proceedings and inadequate coordination betwixt authorities agencies had exacerbated the biology and economical damage,” it said.

Moreover, the suit demanding compensation from the London P&I Club was served by the Sri Lankan authorities 23 months aft the catastrophe occurred, conscionable days earlier the deadline, stipulated nether planetary law, was acceptable to expire. The instrumentality mandates that a assertion for compensation successful lawsuit of a marine mishap indispensable beryllium made wrong 2 years of the incident. The suit was filed nether then-Attorney General Sanjay Rajaratnam.

“There seemed to beryllium immoderate lethargy oregon intentional hold from the Attorney General’s Department (AGD) successful handling the X-Press Pearl vas catastrophe case,” Lahandapura, the erstwhile caput of MEPA, told the parliamentary committee.

The X-Press Pearl was carrying astir 1,680 metric tonnes of integrative nurdles. Even 3 years later, chiefly women workers proceed to abstracted and cod the nurdles by manus [Saroj Pathirana/Al Jazeera]

However, the past curate of justice, Wijeyadasa Rajapakshe, blamed the MEPA for the hold successful filing the lawsuit, saying the marine bureau submitted its biology interaction study late.

According to an anonymous authoritative root successful the Sri Lankan government, the Attorney General’s Department responded promptly to requests from the shipowners, but took a agelong clip to respond to MEPA’s queries.

“I don’t person grounds to suggest anyone astatine the AGD received immoderate fiscal benefit, but if the country’s AGD was lethargic successful handling specified an important case, it surely raises suspicion,” the root told Al Jazeera.

Al Jazeera reached retired to the Attorney General’s Department for its effect to the allegation, but it has not yet received a response. Al Jazeera besides sought a effect from Rajaratnam, nether whom the suit was filed, but helium refused to comment.

Why Singapore?

Another contentious contented apt to beryllium investigated is the determination for the compensation lawsuit to beryllium heard successful Singapore, wherever the vessel was registered, alternatively of Sri Lanka, wherever the mishap occurred.

“What we recommended was to litigate the ineligible lawsuit successful Sri Lanka,” Dan Malika Gunasekara, a ineligible adept appointed by MEPA, told Al Jazeera. “However, the Attorney General’s determination to record it successful Singapore raises terrible questions arsenic to however helium arrived astatine specified a determination considering each the surrounding circumstances, particularly concerning the consequences.”

Gunasekara was referring to a problem, besides highlighted successful the PSC report, that owed to Singapore being a signatory to the Convention of Limitation of Liability for Maritime Claims (LLMC Convention), the compensation could beryllium constricted to astir 19 cardinal GBP ($24.7m). As the authorities had estimated the ineligible costs could scope $10m, it would permission conscionable astir $14m for cleanup and compensation.

Each pistillate earns astir 3,000 rupees ($10) a time separating the nurdles [Saroj Pathirana/Al Jazeera]

Critics accidental the determination to determination the suit to Singapore outgo the authorities of Sri Lanka dearly.

“The furniture of ministers had initially estimated $4.2m arsenic ineligible costs successful Singapore but it was aboriginal amended and present $10m has been allocated for the Attorney General’s Department,” said Asela Rekawa, who succeeded Lahandapura arsenic MEPA chairman.

“We were told that we ended up spending precious overseas currency reserves astatine a clip erstwhile Sri Lanka was facing bankruptcy due to the fact that of the overseas currency deficit,” said Professor Ajith de Alwis, co-chair of the MEPA-appointed technological committee. “In addition, precious small enactment was disposable to survey the contented successful galore ways.”

However, according to the PSC report, the London P&I Club had expressed concerns astir coming to Sri Lanka “due to the adverse publicity and information fears” and preferred to articulation the negotiations implicit the compensation successful Singapore.

The past Sri Lankan curate of justice, Wijeyadasa Rajapakshe, besides defended the prime of Singapore to litigate the issue.

“Singapore is location to thousands of shipping companies and nary institution would hazard damaging their concern by ignoring a ruling from a Singaporean court,” helium told Al Jazeera, adding that the determination was made pursuing proposal from an Australian ineligible firm.

“In immoderate case, it mightiness person been hard to enforce the judgement connected a UK institution by a Sri Lankan court,” helium said.

According to the country’s Fisheries Department, astir 20,000 fishermen person been paid a full of astir $10m, but the person of the sportfishing commercialized national said it was not enough.

“The fishermen received antithetic amounts of wealth arsenic per the area, betwixt 10,000 rupees ($66) and 20,000 rupees ($900) but immoderate had to taxable appeals and astir 2,000 ‘indirect’ fishermen are inactive hoping to get immoderate compensation,” Roger Peiris, a person of a sportfishing commercialized union, told Al Jazeera, referring to radical who merchantability fish, ain boats, oregon those progressive successful the adust food industry.

“But I don’t adjacent number this arsenic compensation, it was conscionable for deficiency of an contiguous income. Compensation for fishermen is thing that needs to beryllium discussed separately. Fishermen would lone get due compensation aft the ineligible issues are over.”

This study is portion of a year-long probe supported by the Pulitzer Center’s Ocean Reporting Network successful concern with Watershed Investigations.