-By A Special Correspondent
(Lanka-e-News -22.Jan.2025, 11.10 PM) In May 2021, the MV X-Press Pearl, a Singapore-registered cargo ship, caught fire off the coast of Negombo, Sri Lanka, unleashing an environmental catastrophe of unprecedented proportions. With hazardous substances—including nitric acid and microplastic granules—spilling into the Indian Ocean, the disaster ravaged marine ecosystems, devastated coastal communities, and raised serious questions about the Sri Lankan government’s ability to manage such crises. Adding to this tragedy was the systemic failure of Sri Lanka’s Attorney General’s Department (AGD), which allegedly delayed crucial legal proceedings, jeopardizing billions in compensation claims.
As Sri Lanka grapples with the aftermath of this disaster, one glaring question remains: was the government ill-equipped, negligent, or both? Let’s investigate.
The MV X-Press Pearl fire began on May 20, 2021, as the vessel approached the port of Colombo from Gujarat, India. Reports later revealed that the blaze was likely caused by a nitric acid leak from a poorly stored container, a problem the crew had known about for days. Instead of immediate action, the ship’s operators chose to continue the voyage, allegedly prioritizing schedules over safety.
The result was catastrophic. Toxic substances spilled into the sea, killing marine life, polluting beaches, and endangering the livelihoods of over 20,000 fishing families. Dead fish and turtles washed ashore, while microplastics contaminated water bodies and soils—a nightmare scenario for the fragile marine ecosystem.
As the scale of the disaster became clear, Sri Lanka’s Marine Environment Protection Authority (MEPA) quickly declared it the worst marine pollution incident in the country’s history. However, the true tragedy lay in the government’s subsequent handling of the crisis.
In the wake of the disaster, Sri Lanka’s government was quick to promise justice and environmental restoration. Yet, as weeks turned into months, it became clear that the system was ill-prepared to deal with a disaster of this magnitude.
The Attorney General’s Department (AGD), tasked with filing compensation claims, came under fire for its sluggish response. Under international maritime law, claims for compensation must be filed within two years of the incident. Shockingly, Sri Lanka’s lawsuit against the ship’s insurers—the UK-based London P&I Club—was filed just days before this deadline in April 2023.
Why the delay? The former head of MEPA, Dharshani Lahandapura, told a parliamentary committee that the AGD’s lethargy or intentional delay exacerbated the situation. "This was not just inefficiency," she claimed. "It seemed almost deliberate."
Based on an assessment by a 40-member committee of experts, Sri Lanka sought $6.4 billion in compensation for environmental and economic damages. However, as of now, the country has only received $12.5 million from London P&I Club—an embarrassing fraction of the estimated damages.
Meanwhile, suspicions of corruption and mismanagement have emerged. The Marine Environmental Protection Authority (MEPA) and the Department of Fisheries accepted compensation payments amounting to billions of Sri Lankan rupees—$10.5 million and $11,945 respectively—raising questions about accountability. Critics have pointed to the transactions being made in local currency rather than US dollars, a move many claim undermines transparency and could potentially facilitate money laundering.
According to a report by the Parliamentary Select Committee (PSC), the disaster "exposed critical gaps in the country’s ability to prevent and manage maritime pollution incidents." The committee identified poor inter-agency coordination and bureaucratic delays as major contributing factors to the crisis.
The failures of the Attorney General’s Department in handling the X-Press Pearl disaster are not isolated. Over the years, the AGD has faced criticism for its lack of efficiency, transparency, and accountability in high-profile cases. The X-Press Pearl lawsuit is yet another example of this troubling trend.
Legal experts argue that the AGD could have expedited the legal process to secure compensation sooner. Instead, by waiting until the eleventh hour, it left Sri Lanka vulnerable to procedural challenges. Some critics allege that the delays might have been politically motivated, designed to protect powerful stakeholders with vested interests in the shipping industry.
“There’s a culture of impunity in Sri Lanka’s legal and administrative systems,” says a senior environmental lawyer who wished to remain anonymous. “The X-Press Pearl disaster is a glaring example of how systemic flaws can undermine justice for an entire nation.”
Beyond the legal wrangling, the environmental and economic consequences of the disaster are profound. Microplastics from the spill have infiltrated the food chain, posing long-term health risks to humans and animals. Fisheries—a cornerstone of Sri Lanka’s coastal economy—remain crippled, with thousands of families struggling to make ends meet.
Tourism, another vital industry, also suffered a blow. Negombo, once known for its pristine beaches, is now a grim reminder of the environmental costs of corporate negligence and regulatory failure.
Despite these challenges, efforts to hold the responsible parties accountable remain sluggish. Activists and affected communities have repeatedly called for greater transparency and expedited legal proceedings. However, with limited resources and a cumbersome legal system, the road to justice appears long and uncertain.
For many Sri Lankans, the X-Press Pearl disaster has eroded trust in their institutions. Public outrage has focused on the government’s inability to protect the country’s natural resources and the livelihoods of its citizens. The perception of corruption within the AGD and other government agencies has only deepened this mistrust.
“Every step of this process has been marred by incompetence and negligence,” says Vijitha Herath, Sri Lanka’s public security minister. “We owe it to the people to ensure that those responsible are held accountable.”
Herath’s words echo the frustrations of countless Sri Lankans who feel betrayed by their government. For them, the X-Press Pearl disaster is not just an environmental tragedy but a symbol of systemic failure.
If there is one silver lining to this disaster, it is the opportunity for Sri Lanka to overhaul its approach to maritime safety and environmental protection. However, as of now, meaningful reforms remain elusive.
Environmental experts have called for stricter regulations on hazardous cargo shipments, better coordination between government agencies, and enhanced disaster response capabilities. But with political instability and economic challenges dominating the national agenda, environmental issues often take a backseat.
The X-Press Pearl disaster should have been a wake-up call for Sri Lanka. Instead, it risks becoming yet another example of lessons unlearned.
The MV X-Press Pearl disaster was a preventable tragedy that laid bare the weaknesses of Sri Lanka’s legal and administrative systems. From the negligence of the ship’s operators to the failures of the Attorney General’s Department, the disaster is a cautionary tale of what happens when profit and politics take precedence over safety and accountability.
For the thousands of Sri Lankans whose lives were upended by the disaster, justice remains elusive. As the country continues its fight for compensation and environmental restoration, one thing is clear: Sri Lanka cannot afford to let this happen again. The time for accountability is now.
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by (2025-01-22 20:21:34)
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