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MV X-Press Pearl disaster: Four options on the table for compensation

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By Ifham Nizam

The Sri Lankan government can opt for at least four compensation claims from the fire-stricken, Singapore flagged MV X-Press Pearl’s owners/insurance agents, a senior government official said.

“Though some of the claims could take time due to technical issues, we have a strong case when it comes to damage caused to marine biodiversity, which can be considered the biggest environmental catastrophe”, she said.

Citing the example of a similar disaster, the scientist said a claim for damages filed by the United Kingdom against a US-based ship dragged on for more than two decades.

Moves are underway to incorporate losses to the country’s fish production due to the fire, where chemicals mixing with the biodiversity hotspots within the sea bed have a detrimental impact on the fish harvest, she told The Sunday Island.

She also didn’t rule out the possibility of Sri Lanka being used as a dumping ground for chemical waste. “Some competitors don’t want to see Sri Lanka doing well in the shipping sector”.

She said the damage caused to the fisheries industry will be enormous particularly with small fish species where the adverse impact could be seen within two to three years.

The Wildlife Conservation Department said that apart from fish species, the harm done to sea grasses and nesting habitats, sea mammals and reptiles will also be substantial. “Our initial observations reveal the spill-over effect will last for more than 100 years”.

The operator of Ex-Press Pearl said the ship’s stern was resting on the seabed about 21 meters below the surface and the bow was settling down slowly. Salvage experts are monitoring the vessel’s condition and oil pollution.

The company said its experts were coordinating with the Sri Lanka Navy to deal with an oil spill.

Navy spokesman, Captain Indika de Silva said the navy and coastguard were bracing for an oil spill. India has sent three ships to help, including one specifically equipped to deal with marine pollution.

The Centre for Environmental Justice (CEJ) is contemplating filing a public interest litigation petition against the company that owns X-Press Pearl, Chairman, Ravindranath Dabare said.

“According to the Marine Pollution Prevention Act No. 35 of 2008, a civil suit can be filed under Section 35 and criminal action could be filed as per Section 26. We had a bitter experience with MT New Diamond as we claimed compensation based on the Polluter Pays Principle, the lawyer said.

The Marine Environment Protection Authority (MEPA) said it is prepared to face a possible oil spill from the stricken container ship off the coast of Sri Lanka.

Oil Containment Booms will be positioned around the vessel with chemical dispersants dropped from the air to prevent an oil leak from spreading, MEPA chief, Darshani Lahandapura, said.

“If the weather is not on our side, we will have to be ready for a beach clean-up and we need to be ready for it”, she said.

General (Retd) R. M. Daya Ratnayake, Chairman, Sri Lanka Ports Authority, told journalists the first point of action is to determine if the fuel in the vessel remains onboard. Thereafter, necessary measures will be taken.

With the immediate focus on minimizing any further damage to the environment, Oil Spill Response Limited has been tasked with tackling any possible spill in liaison with the International Tanker Owners’ Pollution Federation Ltd (ITOPF), which will provide technical expertise.

Both OSRL and ITOPF have people on the ground in Colombo coordinating with the Sri Lankan Navy on an established plan to deal with any possible oil spill and other pollutants.

Renowned Environmentalist, Suranjan Kodituwakku warned that the transfer of ownership of X-Press Pearl after the fire was brought under control could result in Sri Lanka not being able to obtain a proper assessment of the environmental damage or compensation.

“We hope the government will intervene, as required, given its experience, to obtain equitable restitution and compensation for the huge environmental damage,” Kodituwakku, who is also Chairman/CEO of the Green Movement of Sri Lanka Inc., said.

Meanwhile, Environment Minister Mahinda Amaraweera said that even if Sri Lanka receives Rs. 100 billion as compensation for the environmental damage caused, it won’t be sufficient to offset the enormous loss suffered as a result of the disaster,.

The government has focused attention on the extensive environmental destruction caused by the blaze and many decisions on handling the situation taken at a meeting chaired by President Gotabaya Rajapaksa, he said.

“An investigation should be launched into the cause of the fire and those responsible for allowing the container-carrier to enter the territorial waters of Sri Lanka dealt with under the law”, he told a news conference at the Environment Ministry.

The damage caused is beyond calculation. Therefore, however much compensation we may receive, it won’t be enough, he noted.

The President emphasized that priority should be given to the opinion of experts in mitigating the situation, the Minister said.

Andrew Leahy, Director for South East Asia of MTI Pte Ltd representing the operators of the vessel, told the media that water was filling inside the hull of the X-PRESS PEARL and salvors from the Netherlands are assessing the situation.

State Minister of Fisheries Kanchana Wijesekera said the Department of Fisheries has suspended vessels entering from the Negombo Lagoon and fishing from Panadura to Negombo with immediate effect as the salvage company involved in the vessel has indicated that the vessel was sinking at the current position.



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Discussion on Sri Lanka Customs’ contribution for National Export Development Plan

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A discussion on the modernisation initiatives required within the Sri Lanka Customs and measures to encourage exporters in support of implementing the National Export Development Plan (NEDP) 2026–2030 was held on Wednesday (17)  morning at the Presidential Secretariat under the patronage of Secretary to the President, Dr. Nandika Sanath Kumanayake.

The meeting, organised by the Revenue Administration Reform and Modernization Bureau established under the Presidential Secretariat, focused extensively on the modernisation measures required within Sri Lanka Customs to facilitate the expansion of exports.

During the discussion, the Secretary to the President instructed Sri Lanka Customs to enhance the capacity, facilities and modernisation of the Export Facilitation Centre, where export containers are inspected, in order to create a more efficient and exporter-friendly environment.

Attention was also drawn to developing a programme aimed at encouraging exporters across the country to enter the export sector. The Secretary to the President further emphasised the need to review the Temporary Import for Export Processing (TIEP) scheme currently operated by the Customs Industrial Facilitation Division and to introduce a programme to support small and medium-sized enterprises (SMEs) that have not yet engaged in export activities.

The meeting also explored the possibility of decentralising customs operations to support the expansion of the export sector, with particular attention given to establishing a Customs Export Centre in Jaffna.

Discussions were also held on removing barriers affecting exports conducted through e-commerce platforms. It was decided to hold further discussions with the Department of Posts on measures that could be taken jointly to streamline these processes.

Participants also discussed introducing digital systems to expedite document processing, thereby reducing both, time and costs, as well as implementing a risk-based assessment mechanism that would provide greater facilitation for low-risk exporters.

It was further decided that Sri Lanka Customs, the Sri Lanka Export Development Board (EDB) and other relevant institutions would meet monthly under the leadership of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat to review progress, identify challenges faced by exporters and discuss appropriate solutions.

The National Export Development Plan has been formulated in line with the national vision, “A Thriving Nation – A Beautiful Life”, with the objective of enhancing Sri Lanka’s export competitiveness and achieving an ambitious yet realistic export revenue target of USD 36 billion by 2030.

Director General of Customs Wimal Liyanagama, Chairman of the Sri Lanka Export Development Board (EDB) Mangala Wijesinghe, Additional Directors General of Sri Lanka Customs T. Loganathan and L.K.S.D.K. Arewatta, Director of the Sri Lanka Export Development Board Dr. Sanjeewa Rathnasekara, Director of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat W.L.C. Thilakasiri and senior officials from Sri Lanka Customs and the Sri Lanka Export Development Board were also present.

[PMD]

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Military held land: Govt. trying to maintain balance between security and civilian needs

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Deputy Defence Minister Maj. Gen. Jayasekera receiving a field briefing during a recent visit to the Jaffna peninsula (pic courtesy MoD).

The NPP government is trying to maintain a balance between continuing demands for releasing north-east land held by the military and post-war security requirements, says Deputy Defence Minister Major General Aruna Jayasekera (Retd), who has undertaken a series of visits to the northern and eastern provinces in the recent past to explore ways and means of releasing the land, without compromising national security requirements.

Since the armed forces brought the war to a successful conclusion in May, 2009, releasing of both privately- and state-owned land began cautiously in October, 2009, and by now over 90 percent of both categories have been released. At the height of the war, before the launch of Eelam War IV, in August 2006, Jaffna peninsula had the largest concentration of troops assigned to four Divisions.

In the first week of June, Deputy Minister Jayasekera visited the Trincomalee District to ascertain the situation. The Defence Ministry said that the Deputy Minister had assessed the current status of such lands and received briefings from senior military officers and relevant officials on security and administrative aspects regarding the properties.

Following the field inspection, the Deputy Minister chaired a meeting at the Governor’s Secretariat Office where the discussion focused on what the Defence Ministry called a balanced and practical approach to address land-related issues, protect the livelihoods of the people, and ensure that national security requirements were properly managed.

Jayasekera, with a career spanning well over three decades, retired in November, 2019, after having last served as the Eastern Commander for about a year.

During his June visit, the Deputy Minister visited various security forces establishments, including the 22 Infantry Division.

A senior retired military official said that those who had been demanding that all security forces held land, both state- and privately-owned, be released, have conveniently forgotten that this was made possible due to the eradication of the LTTE.

The Deputy Defence Minister conducted a series of field visits in the Jaffna and Wanni regions to assess the security situation and operational commitments. According to the Defence Ministry, the Deputy Minister addressed senior tri forces personnel at the Security Forces Headquarters – Jaffna (SFHQ-J) and the Security Forces Headquarters – Wanni (SFHQ-Wanni).

The Deputy Minister chaired civil-military coordination meetings in the Mannar and Jaffna districts to the ongoing land ownership issues, fostering socio economic growth, and streamlining local infrastructure layout in close cooperation with the regional administrative mechanism. The Ministry said that the Deputy Minister inspected agricultural zones, private residences and public common areas, presently placed within the operational infrastructure of the Sri Lanka Navy across several locations, in Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimune.

Members of Parliament for the Vanni Electoral District, Selvam Adaikalanathan, Kader Masthan, Thurairasa Ravikaran and the District Secretary for Mannar were also present at the meeting where matters related to socio economic grievances, local infrastructure demands, and land rights of the local residents were central topic in the agenda.

The Deputy Minister of Defence chaired a second meeting at the Governor’s Office in Jaffna where the main focus was existing land issues in the districts of Vavuniya, Mannar, Mullaitivu, Kilinochchi, and Jaffna.

The Jaffna proceedings were co-chaired by the Minister of Fisheries, Aquatic and Ocean Resources and Chairman of the District Coordinating Committee for the Jaffna and Kilinochchi Districts Ramalingam Chandrasekar and Deputy Minister of Co-operative Development Upali Samarasinghe.

The Defence Ministry said that stability depended on striking an optimal balance between prioritising national security obligations and resolving outstanding issues related to both state owned and privately used lands. “We are implementing a transparent mechanism to swiftly transition designated lands back into the hands of local communities for housing, fishing, and agriculture.”

The participation of the Commander of the Army and the Commander of the Navy underscored the importance of the discussions held in the north.

In the Mannar region the focus was on lands, presently used by the Navy, in the areas of Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimunai.

Authoritative sources said that since the end of the war, the military had given up held areas and what remained occupied were essential for security purposes. The depletion of the area under direct control should be examined taking into consideration gradual overall reduction of combined security forces strength over the years. At the end of the war, the Army had approximately 205,000 officers and men, both regular and volunteer. That figure has been reduced to 150,000 to 160,000. In line with the government thinking the Army strength would be brought down to 100,000 by 2030, a plan first announced by President Ranil Wickremesinghe.

By Shamindra Ferdinando

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Yoshitha granted bail, travel ban imposed

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Ex-Navy officer Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, being taken to the Colombo Chief Magistrate's court yesterday.

Colombo Chief Magistrate Lahiru de Silva yesterday granted bail to Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, on three sureties of Rs. 5 million each, and imposed an overseas travel ban.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arrested Yoshitha yesterday morning when he called over to make a statement regarding an ongoing investigation into his recruitment to the Sri Lanka Navy and training at the UK Royal Naval Academy.

CIABOC said that the arrest had been made in connection with an investigation into the 2006 recruitment of cadet officers to the executive branch of the Sri Lanka Navy.

It has been alleged that individuals were recruited without meeting the required qualifications and state funds were used outside established procedures for their training at the Royal Naval Academy in the UK.

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