People who are truly concerned about the environment and want to save it should immediately start a project to preserve rain forests. Sri Lanka’s dependence upon hydropower is evident by the constant power cuts. The country’s hydropower generation capacity can be irreparably damaged if the forest cover is not maintained. This could lead to a very dangerous situation. The CEJ and similar groups might use the current situation as a leverage to force political parties, regardless of their power, to protect the environment or face the consequences. The bottom line is that hydropower generation capacity cannot be replaced by thermal, including coal, in any foreseeable future. It is important to preserve the hydropower capacity.
By Shamindra Ferdinando
Some of those protestors at the Go Gota Home protest at Galle face carried placards asking about the delay in the government’s compensation for the communities affected by last year’s sinking of the Singapore-registered cargo vessel MV X-Press Pearl.
The Express Feeders owned, fire-stricken cargo vessel, was sunk by an attempt to tow it to deep seas on June 02, 2021. Sri Lanka failed to have the resources and ability to bring the fire to deck, as reported by Express Feeders on May 21. Despite India’s firefighting support and that of other foreign vessels, the vessel fell, causing the worst ecological catastrophe in busy local waters, just outside Colombo harbour.
MV X-Press Pearl sank 9.5 miles NorthWest of Colombo port on the day President Gotabaya Rajapaksa ordered that it be towed into deeper waters. After entering Sri Lankan waters, the vessel went down exactly where it was since May 19.
The way in which the authorities investigated the circumstances that led to MV X-Press Pearl being allowed to enter Sri Lankan waters with a leaking container containing nitric acids is the subject of controversy. The public has a right to see how the government dealt the vessel’s local Agent, Sea Consortium Lanka of Setmil Group, who was awarded the Presidential Award for suppressing information about the acid leaked.
The politically motivated Go Gota Home campaign seemed to have attracted many groups, even those dealing with contentious environmental issues. This may have contributed to the general decline in public confidence in government. The handling the X-Press disaster shows how a corrupt system protected the wealthy at the expense the poor.
The new era in politics was marked by the outpouring of public anger at President Gotabaya Rajapaksa as he approached his private residence at Pangiriwatte Road Mirihana on the night March 31. Pangiriwatte was the scene of chaos, and Go Gota Home, an overnight campaign, targeted certain government officials. The growing anger of the public at those who wield political power was reflected in violent protests in several districts, especially in the Anuradhapura region.
We don’t want our paranoid conspiracy theorists to be, but it is worth noting that some of these protests were well coordinated and funded. While President Gotabaya may be responsible for some controversial actions, such as the abrupt decision to ban agrochemical exports or eliminating key taxes immediately after he was elected, it must not be forgotten that none of these decisions were made for his personal gain. There have been far too many coincidences during the period leading up to the current conflagration, such as the MT New Diamond disaster, X Press Pearl disaster of epic proportions, and the incorrect composition of propane and butane in LPG that was shipped to Sri Lanka. We believe that the country should be more vigilant to foreign-engineered plots in light of recent events in Pakistan and elsewhere.
The Opposition was deprived of the opportunity to capitalize on unexpected political developments because all political parties represented in Parliament were disregarded by the high-profile campaign. Many groups supported the protest campaign launched against the Presidential Secretariat on April 9, and received their support. Civil society organisations, including Centre for Environmental Justice (CEJ), were among those interested in the intense legal campaign against the current dispensation.
In the absence a genuine effort by the relevant government machinery, the CEJ brought the X-Press Pearl disaster to court. If the individuals responsible for taking action had made a deliberate effort to address the issue, the sinking X-Press Pearl wouldn’t have been an issue in the Go Gota home campaign.
It would be relevant to examine the issues against the backdrop of those seeking damages for the MV X-Press Pearl tragedy being part of Go Gota Home. As cash-strapped Sri Lanka struggles with basic needs of the public, the current crisis has come at a crucial time.
The ship disaster off the Western Coast cannot be discussed without considering the massive fire onboard MT New Diamond in the East, off Sangamankanda’s coast in the East in September 2020.
The Committee on Public Enterprises (COPE), proceedings and an exclusive interview Sirasa anchor AsokaDias, formerly of Upali Newspapers, did with Prof. Ruchira Camaranatunga, the first Dean of Ruhuna University’s Faculty of Fisheries and Marine Sciences Technology.
Exposure of MEPA and the legal system
At a recent hearing, COPE Chief and MP Professor Charitha Herath lambasted MEPA over the handling of the fire aboard crude carrier MT New Diamond in the early sept. 2020 and the sinking of X-Press Pearl, which was carrying chemicals off the Port of Colombo last.
Prof. Herath interrogated Attorney-at Law Dharshani Lahandapura of MEPA, a Viyathmaga activist about their response to the tragic accidents.
The SLPP National List MP wanted to know why no compensation had been secured from the owners for the MT New Diamond. His query was based upon the Auditor General’s observations. Jagath Gunasekera was the Acting General Manager at MEPA and stated that the court had imposed the fines.
Prof. Herath questioned why only Rs 51 mn, out of an estimated Rs 3,480million, was received from MT New Diamond as a compensation. Attorney-at Law Lahandapura claimed that even though there was an oil field, the fire had not caused any damage to the environment.
Prof. Herath questioned why such a large estimate of damages was made when no disaster had occurred. Gunasekera claimed that Rs 51million had been spent on firefighting and related operations.
Gunasekera stated that an expert panel had recommended Rs 3480 mn in compensation, and that the relevant file had been submitted at the Attorney Generals Department.
Prof. Herath noted that the AG had not responded to the MEPA so far and asked what the MEPA would respond if the COPE claimed that it had collaborated to reduce compensation payments for environmental damage caused by ship owners.
When the COPE Chief asked about the role of MEPAs legal officer in relation to the overall response, the MEPA representative revealed that she was not allowed to answer. The official said she was not allowed to take part in discussions with the Attorney Generals Department regarding civil or criminal proceedings. Prof. Herath wanted to know why she was excluded. Lahandapura claimed MEPA had given responsibilities to another official because the Legal Officer was not responsive. Prof. Herath denied that claim, insisting there couldn’t be any justification for ignoring the legal officer.
Prof. Herath highlighted that the revelations that the MT New Diamond matter was handled outside the purview the MEPA Legal Section was a serious matter.
Prof. Herath noted that although the damages for X-Press Pearl were estimated at USD 37 mn and the ship owners had agreed only to pay USD 2.9 mn. Lahandapura acknowledged that MEPA had also received advice from an organization that represented ship owners/insurers. The COPE Chairman stated that the concerned organisation would have been able manipulate the entire process in the favor of the ship owners/insurers. The MP stated that anyone could charge that the MEPA conspired with them to reduce the compensation received by the country.
Sirasa interview
Prof. Cumaranatunga wasn’t afraid to speak out when she questioned MEPA Chairperson about the conduct in relation to the two incidents off the Sangamankanda coastline and the other off Colombo harbor. Dias, an academic who had investigated both high-profile cases, asked Lahandapura if she had suppressed sections of her team’s report on MT New Diamond. She pointed out that the MEPA Chief claimed that no marine life had been damaged before the COPE, contrary to the report submitted to her team by the experts. Professor Cumaranatunga, furious, declared that the MEPA Chief had insulted her team by telling blatant lies. Asoka Dias could not have conducted the interview at a better moment. The operation at MEPA reveals how interested parties pursued benefits regardless of the consequences, despite growing public protests. Prof. Herath should request Prof. Cumaranatunga for clarification and to take any necessary action. The government cannot continue to ignore the testimony of the head expert team that investigated the ship accidents and exposed MEPA.
Prof. Cumaranatunga shared how she raised the issue with Lahandapura shortly after the COPE railed MEPA over their controversial handling of the ship-related disasters. Declaring that Lahandapura’s response to her questions had not been satisfactory, the academic revealed how MEPA manipulated an online process to prepare the final report. This was done to secure the signatures and provide the final draft to the probe team.
The Sirasa and COPE revelations have not received enough public attention. The Opposition and the ruling coalition have not acted on the sensational revelations made in the COPE and by two other watchdog committees, the Committee on Public Accounts and the Committee on Public Finance (COPF). MEPA should be held responsible for the mishandling of two important investigations. Did they deliberately handle the issues in order to deny the country adequate compensation
Professor Herath is not in a mood to compromise his strong stand on the two
Muddled investigations. This matter should be investigated by the COPE. The judiciary is currently investigating the X-Press Pearl case. Transparency in proceedings would be the responsibility for all parties. For a justifiable settlement in the X Press Pearl case, punitive actions are necessary.
CEJ moves court
In a fundamental right application filed in accordance with Articles 17 & 126 of the Constitution in respect to the X Press Pearl matter, the CEJ and three other respondents, including its Senior Advisor HemanthaWithanage, has named Express Feeders, its owner, and Sea Consortium Lanka, its local agent, as 11th & 12th respondents, respective. They are among 13 respondents, which includes the Attorney General.
The CEJ filed SC against the petition describing the worst marine ecological disaster, the sinking of X-Press Pearl. However, the CEJ had not been informed that the local agent had deleted e-mails from the Captain of the ship.
According to the petition, in addition to 325 metric tonnes of bunker oil, the vessel carried altogether 1,486 containers 25 tonnes of hazardous nitric acid, caustic soda, sodium methylate, plastic, lead ingots, lubricant oil, quick lime and highly reactive and inflammable chemicals such as Sodium Methoxide, High Density Polyethylene (HDPE), Low Density Polyethylene (LDPE) “Lotrene”, Vinyl Acetate, Methanol, bright yellow sulphur, urea, cosmetics, etc.
Petitioners claimed that Captain and crew members of MV X-Press Pearl had known about the nitric-acid leak from nine days before the blaze broke out and had deliberately failed inform the Sri Lankan authorities. The CEJ was unaware of the treacherous actions by the local agent, and the whole matter would take an unexpected turn in light of Prof. Cumaranatunga’s revelations.
The CEJ is funded by both local and international sources, including UN. Withanage answered questions from The Island about the growth of CEJs operations after its inception in 2004. He claimed that state agencies that were tasked with protecting the environment connived with corrupt elements who wielded power without regard to the consequences or betrayed their country’s interest for personal gain. The government should take tangible steps following the troubling revelations made in COPE proceedings and the Sirasa interview regarding the sordid actions of MEPA responsible for protecting the marine environment.
Unfortunately, MEPA, as well as other agencies that are responsible for matters relating to the environment, continue to pursue strategies acceptable by their political masters.
The corrupt political party system was exposed by the highly publicized court cases regarding clearing Wilpattu jungles and releasing elephants.
Withanage claimed that political parties used corrupt systems to raise funds. If political authorities addressed serious concerns, there wouldn’t have been a need to ask CEJ to go before the Supreme Court about the X-Press Pearl catastrophe. Withanage challenged the conduct of the top government agency, the Central Environmental Authority. (CEA), currently headed by ex-JVPer SiripalaAmarasinghe. Withanage stated that politicians and officials are equally responsible for the sad state of affairs.
There is no better example of this than the importation of toxic waste containers from the UK and the subsequent dumping of them here under the yahapalana administration. Amarasinghe, then President and former Environment Minister Sirisena, claimed that they were dealing with the issue quickly, but if the CEJ had not successfully moved the court, the British garbage might still have been here. Withanage claimed that the current regime was the worst, blaming the Mahinda Rajapaksa administration for large-scale environmental destruction. The government’s removal of restrictions on the mining of the transport of sand was cited by the civil society activist. This was clearly done to make it easier for those associated with the party to make a profit. Withanage claimed that all relevant authorities cooperated with politicians.
According to the court, between 2017 and 2019, 263 containers of waste were shipped by the UK to Sri Lanka. The containers were marked as used mattresses, carpets, and rug. Authorities found bio waste from hospitals among other things. It contained radioactive clinical waste, rags and bandages, as well as body parts taken from mortuaries. The CEJs took action and the whole lot of 263 containers was returned by February 2021. It would be interesting to examine the conduct by the CEA and Environment Ministry regarding the import of British rubbish. Contrary to expectations, the current administration didn’t take any punitive action against those who imported dangerous cargo. Instead they kept them in specific areas pending their disposal.
The government should be embarrassed by its failures. The Parliament should also investigate such glaring failures. Can those in authority now or then confirm that foreign refuse didn’t end up in Aruwakkalu Sanitary Garbage Dump in Puttalam as Dr. Ajantha Perera claimed in an interview to this newspaper?
Gomi Senedhira, a former top trade official discussed recently how authorities allowed foreign garbage despite Sri Lankas success in returning more than 3,000 tons of toxic British waste. Senadhira questioned whether the Customs, Trade Ministry, BOI, the BOI, or the CEA deceived people about garbage imports.
Senadhira raised the following basic issues (verbatim). (a) How did the Customs detect the 3000 tonnes of “illegally imported foreign garbage”? Is it not only when the containers that were left in the port for several months without being cleared of importers started to smell and leak? What was the origin of the tons of garbage that was customs-cleared and dumped in a secret garbage dump at the BOI?
It was only after media exposure. All this happened after the implosion at the Meethotamulla trash dump? Coincidence? Maybe. Maybe not. Methotamulla collapsed just before the beginning of the Yayapalana regime.
(b).During the four-year period 2017-2020, while struggling to ship back 3,000 tons of illegally imported stinking waste, the customs and the CEA had facilitated “legal” imports of a much larger quantity of garbage into the country. Sri Lanka, for example, imported nearly 20,000 tonnes (HS391590). In addition to that, almost 1000 MTs were imported every year under HS 391530.
According to customs data most of it was brought from China. As far as I am aware, China does not export plastic waste”
Perhaps Senadhira and the CEJ could meet to discuss a proper strategy to combat clandestine projects. The Sri Lankan government must have benefited greatly from the interest parties.