Features
‘Place of refuge’ – the international debate
By Capt. Ranjith Weerasinghe
Ships are built to conform to highest safety standards under the guidelines of the International Maritime Organisations (IMO). The stringent regulatory regime is further reinforced by the latest technology in modern day ships in ship design, building, operations, maintenance, management and competency of crew. However, there will always be ships in distress, regardless of what stringent regulatory regimes are followed as has been the case ever since man took to water transportation even before the invention of the wheel. When a ship is in distress, absolutely helpless at sea, help is inevitably sought by the ship’s captain. A distressed vessel struggles to get to the nearest coastal state for a place of refuge, and the denial of entry can lead to disaster. If a ship’s captain requested assistance in case of a peril at sea, and all the ports in the world decides not to take the ship to a place of refuge, what would the world expect the ships’ crew to do?
Historically and traditionally, ships in distress have been given whatever help by vessels in the vicinity and the coastal states authorities when they happen to be in coastal waters. Help includes providing a sheltered place to manage the problem, to prevent it from further deterioration, assist the crew, provide repair facility, transfer cargo, firefighting, salvage, towage, or assistance to save lives and property and protect the environment. But with notable oil tanker disasters resulting in unprecedented environment pollution incidents, by mid 70s, the coastal states became more concerned about granting place of refuge to vessels in distress in danger of fire, explosion, grounding, sinking, etc,. As a result, there is an ongoing international debate and a proposal for introducing an international law to grant ‘place of refuge”. This debate received international attention in early 2000 when several incidents took place due to the “refusal or denial of place of refuge”. One was Motor Tanker Erika in Dec 1999; it broke in two and sank off the coast of France and the other was MT Prestige in 2002, which broke up and sank off the coast of Spain; both vessels had been denied place of refuge and they caused extensive environmental damage. Similarly, a tanker named MT Castor with a structural failure could not find a place of refuge and was towed around in the Mediterranean Sea for more than a month. Finally, the Salvors removed the cargo oil at sea by ships to ship transfer and saved the vessel.
Against this backdrop, there was a compelling need for IMO to seek an agreement amongst member states to make a law with respect to “place of refuge”. Up to date it has not materialised due to concerns of coastal states. Short of such an agreement, the best the IMO could do was to adopt two resolutions in 2003, and they relate to vessels in distress or needing assistance:
1. A949 (23);
Intended for use when a vessel is in distress and cannot be left in the place without moving to safety
2. A950 (23)
Requiring all coastal states to establish a Maritime Assistance Service.
CONTAINER CARGO FIRES
Besides oil tanker fires, in recent times there have been fires on board container ships. The international insurance industry says one container ship fire occurs every two weeks somewhere in the world. In recent times, container ships MSC Flaminia, Maersk Honam, and Yantian Express suffered heavy damage and loss of life due to fire, and a long time was taken to find a place of refuge for it to discharge the cargo. A fire on board a container vessel is first a risk to the seafarers and the environment and secondly entails a very heavy economic cost–first, the cost of firefighting, salvage, towage and damage to the ship and cargo, and secondly, the cost of the ‘cargo related business interruptions’, which affects industries dependent on ‘just-in-time’ logistics.
Although there has been no instance of denial of ‘place of refuge’ in Sri Lanka, ships passing through its territorial waters are always in probable, unintended “place of refuge”. We also have had a few incidents of vessels in distress off our coast over the years. Whether we offer a place of refuge or not, as a coastal state, we have an obligation to be prepared to assist any distressed vessel. Such preparedness is critical and essential not only in view of the assistance sought by the vessels in trouble but also to avert probable environmental disasters that follow if the timely and effective assistance is not provided. In the said international context, Sri Lanka’s emergency preparedness for such contingencies is to be examined in response to MAS 950(23) Resolution.
The case of the fire-stricken X-Press Pearl at Colombo anchorage and the fire on board MT New Diamond tanker off the East coast of Sri Lanka provide lessons. In both cases it was so sad to see two marvelous ships being engulfed in a fire for days and the crew members suffering injury. Fortunately, New Diamond with 300,000MT crude oil did not lead to an environment disaster. But X-Press Pearl did.
In the case of X-Press Pearl, the following have been reported in the media:
Long before the vessel arrived in Sri Lanka its crew had noticed an acid leak from a container after leaving Jebel Ali in the UAE for Hamad in Qatar. In Hamad, the ship’s captain requested the discharge of the container, but his request was turned down.
Leaving the Hamad port, the Captain asked the ship owners to arrange for return to Jebel Ali to discharge the container, but the owners thought such action was not necessary as arrangements were expected at next port Hazira in Gujarat. The Port of Hazira refused to discharge the container at issue. Finally, the vessel arrived in Colombo as the next scheduled port and not as ‘a port of refuge’.
Some of the questions that Sri Lanka should ask in general are as follows;
In the case of vessel requesting a ‘a place of Refuge’, do we have an evaluation mechanism to make right conclusions? Do we have a well thought-out emergency response plan in place?
In the case of vessel needing assistance, are we ready to honour our international obligations to provide assistance as regards fires, imminent danger of grounding or sinking, preventing actual or probable environmental disasters, salvage and towage, calls for urgent medical emergencies.
While promoting Sri Lanka as a ‘maritime hub’, have we given serious thought to these aspects.
As for the X-PRESS PEARL incident, we should examine the following:
At the time the X-Press Pearl reported a presence of Nitric acid leaking container, and subsequently signs of fire inside container, did the authorities concerned carry out any assessment and evaluation with a view to taking necessary action?
Did the authorities have the information about the cargo on board the distressed ship—argo manifest and stowage plan – reference bay plan)?
Did the fire erupt in the container with 25MT of Nitric acid, which by nature is not flammable by itself but a highly corrosive oxidant in the Class 8 in the “International Maritime Dangerous Goods Code” (IMDG Code); if it leaks into other combustible materials, that can catch fire and become explosive.
If the Captain of the vessel had reported that the particular container identified from cargo manifest with nitric acid was leaking and there was a yellow fume, what should have been the evaluation? For example, in India, dangerous cargo cannot be handled without the approval of the DG Shipping as the highest state official of the sector, but in Sri Lanka it is left to the Ports Authority to take the relevant action
The vessel arrived at the Colombo Anchorage in early hours of 20 May 2021, and for two three days a yellow smoke had been emanating from the ship, according to media reports. Nitric acid must have leaked and mixed with something else, causing the fire.
If it is true that the issue was initially confined to that particular container with a manageable nitric acid leak, what prevented the SLPA from taking action to berth the nearly brand new vessel on priority basis and remove the container without waiting for her scheduled berthing slot? If we lack facilities to do so, we have to acquire them. If not, ships will face disasters for no fault of theirs as no ship crew or master inspects the stowage of cargo inside a container; it is left in the hands of shore authorities.
MT NEW DIAMOND AND THE LESSONS (NOT) LEARNT
As for MT New Diamond, when the incident took place about 20 miles off East Coast of Sri Lanka, with 300,000 MT of crude oil, we realised a few shortcomings, but do not seem to have learnt any lessons as can be seen from the following among others:
* Absence of a “responsible authority” prescribed by Merchant Shipping Act to take charge of the situation in the event of any maritime emergency
* Absence of an effective Emergency Response Plan,
* Absence of defined roles for DGMS, MEPA, SL NAVY, SLPA, NARA, etc.,
* Absence of Defined Emergency Facilities from other agencies such as Airports, Customs, Immigration, local government authorities, etc.,
* Absence of proper and sufficient facilities for such emergency response.
(Notably we did not have firefighting capability, especially with large volume high expansion foam system with high pressure pump that could be fitted on a tug with storage of at least 100 CBM foam in 1CBM Intermediate Bulk tanks that can be loaded on to supporting vessels).
* Lack of trained salvage team and equipment at the disposal of the responsible authority
* Non-availability of a mechanism to mobilise enlisted supporting vessels, equipment and personnel.
* Absence of a responsible communication mechanism
* Lack of rewarding structure for all involved in the rescue effort
Most of all, action must be taken to enhance the reputation of the country as a capable maritime nation which in turn helps the Sri Lankan maritime industry.
Richard Gere, known to be a meditator and friend of the Dalai Lama, stunned the Hollywood audience that gathered to see him receive a lifetime achievement award recently. He began his address with the usual platitudes and then switched to the country that he said was in a mess. He blamed the US voters who brought Donald Trump in as Prez. And then he called Trump ‘bully and thug’. They are strong words, repeated to make sure his opinion got through.
Another actor, Alec Baldwin, donned an orange hair wig and acted in skits of Trump in the Oval Office and while electioneering. Hilarious and yet of import as it displays the extent to which Trump is derided and openly abused in his own country. Tweets came streaming in from Trump that the actors are old, spent forces, etc. But the public heard and saw the opinion of two very popular and respected actors.
To Cassandra, the disgraceful display of feuding between Elon Musk and Donald Trump made public on X, is the best thing that could have happened to America and the world at large. They are both acting child-like (an insult to children to class these two with them) while displaying their ignorance except about money. The latest as Cass pens this is that Musk has apologised for some of the tweets he sent maligning Trump.
Pro-Palestinian Activists pushed out of Israel
Conveying a symbolic amount of emergency supplies, pro-Palestinian activists from France, Sweden, Brazil. Germany, the Netherlands, Spain and Turkey, calling themselves the Freedom Flotilla Coalition, sailed to Israel in their barge the Madleen to protest against what Israel is doing to the few people left in Gaza – shelling them day and night and determined to chase them all out of the Strip. But the protestors’ visit was short; they were not allowed to dock or land, rather was the aid boat seized by Israeli forces in the Mediterranean on Monday. Thunberg and twelve others were deported from Tel Aviv to Ben Gurion airport to France, the following day. However, six French activists refused to sign their deportation orders and would be brought before an Israeli judicial authority and probably transferred to Ramle Prison, near Tel Aviv.
Such a brave onslaught on Israel in person should be highly acclaimed. Protests occur all over the world, but Netanyahu and the Israel Armey Commander seem not to take notice. As long as the US under Trump supports Israel, the Palestinian bid for freedom to occupy their land in Gaza
Local shark caught in the corruption net
Bureaucrats are being netted in; not only politicians. We have seen the highest in the prison’s department remanded. True, it may not be he who released a prisoner surreptitiously when on the last Vesak Poya, prisoners were pardoned and released. But he signed the papers and so is ultimately responsible.
A member of a former ruling family has been questioned on how come he claimed damages for the destruction of a house of his by the Aragalaya thugs. The question is how a non est house, maybe one dreamed up, came to be claimed as one gutted. The money, of course in millions, seems to have been paid to this elder Rajapaksa brother. Now, he is being questioned and one firmly hopes the money received by the foulest means will be paid back to the country’s till. Cass for one is shocked beyond words and belief at the lies and dastardly subterfuges thought up by these self-seeking minds, and the greed for more and more lucre. The immunity they conferred on themselves being a family that could not be touched by the arm of law and thus the carte blanche they enjoyed to do as they pleased AND with the nation’s money, seems to be ended. It looks to be.
Two local women: one celebrated, the other mourned
Iranganie Meedeniya Serasinghe
, well beloved by all Sri Lankans, celebrated her 98 birthday recently. We wish her very well and hope she can go through the rest of her life with minimum pain and illness. One fact that can be said about her is that she gained in facial beauty as she aged.
She is considered an iconic artiste who was a pioneering figure in theatre, the local silver screen and small screen. She did not just take to acting, she imbibed the art and craft of it at the well-known (probably the world’s best) Royal Academy of Dramatic Art (RADA) in London. She also studied at the Bristol Old Vic Theatre School under the mentorship of Prof EFC Ludowyk, a founder of Sri Lankan theatre.
My brother hired her ex-Ayah to look after his son, so this dame was ever fond of regaling us with stories of her beloved Chandi Appo (the child Iranganie). She was born in the Meedeniya Walauwa very close to Yatiyantota and schooled at Bishop’s College, Colombo, and for her ALs at Girls’ High School, Kandy. This exam was known as the Higher School Certificate Exam (HSC) – entrance exam to the University of Colombo or Peradeniya. It was actually at KHS that she went into theatre acting. Well remembered by Cass as a younger student is Mrs de Mel producing Bernard Shaw’s Pygmalion, forerunner to My Fair Lady. Producing and staging Pygmalion was certainly a hazardous task, but probably intrepid Mrs de Mel thought she had a star player to tackle the role of Professor Higgins. Iranganie was him and Rani Perera was Eliza Doolittle, fluently speaking Cockney and then metamorphosing to a near princess.
Iranganie was first in theatre but then, as good fortune would have it, Lester James Peries scripted and directed Rekawa (Line of Destiny) in 1956. It was the first Sinhala film fully shot in Ceylon and outdoors, eliminating any Indian influence. Iranganie played a major role while Winston Serasinghe too was in it. Willie Blake was cinematographer. Entered in 1957 to the Cannes Film Festival, it was included in the main competition and was nominated for the Palme d’Or; honour enough and is still the only Sinhala film honoured thus far.
Iranganie outsmarted traditional conventions, especially Kandyan radala conservatism, by going into films. Remembered best by Cass is her role in Yashorawaya where she played self-sacrificing mother to Richard de Zoysa.
She also founded Ruk Rekaganno, and went about trying to prevent the wanton cutting down of trees. Cass’ second brother was in the movement. Once on a journey out of Colombo. Iranganie had wanted a cup of tea. Only wayside tea kiosks were available. All four were willing to patronise one of them. The boutique keeper was nonchalant and even wary of these city types until his wife recognised Iranganie. “Aney appé,” she shouted and out came levariya and tea in cups and saucers!
Malini Pethiyagoda Kulatunge
passed away in Australia a couple of days ago. Mention is made here since she was the first woman to pass the newly instituted CAS examination for recruitment of Ceylon Administrative Services officers which replaced the Ceylon Civil Service, started by the British under their colonial rule. This first exam was in 1971. Malini, too, had her education at Girls’ High School from where she entered the University of Peradeniya. Malini, sister of Dr Upatissa Pethiyagoda, migrated soon after to Australia with her young family.
What have we to look forward to next week? A Colombo Municipal Council formed, with hopefully Vraie Cally Balthazaar, graduate, researcher, entrepreneur and media professional of the bright sparkling face, as Mayor?
At least we hear fumigation going on. We also hope mosquito breeding places are being eliminated. Fast spreading dread diseases have to be stalled. It’s the duty of the local councils of the country, and if extra care is taken, we could live safe and healthy.
I first met Professor Arjuna de Silva as his patient. I was immediately impressed by this consultant physician, especially by his considerable knowledge, remarkable efficiency and commitment. I also remember thinking that he was a bit arrogant, even bordering on the rude. He was just being matter-of-fact, strictly focused on diagnosis, prognosis and prescription. In the 25 years that have passed since then, I have had ample reason to conclude that behind the confident and sometimes stern exterior that I first encountered, there was a sensitive, intelligent, and scrupulously honest friend just waiting to be discovered.
Over the years this no-nonsense physician, affectionately known as Prof. Arjuna, became one of my closest and dearest friends. His selfless service to our circle, especially his steadfast care for our parents, is nothing short of heroic. The dedication with which he looked after my own parents, particularly my late father, speaks volumes about his loyalty and kindness. In fact, if there was an Olympic medal for “Friendship and Care,” Arjuna would be standing proudly on the podium, gold medal and a bouquet of roses, probably delivering an acceptance speech explaining why he deserves it more than anyone else!
We became firm friends and eventually our brotherhood would include a third, Johann Wijesinghe. The three of us shared a bond tested in the toughest of times. When Johann fell seriously ill, Arjuna stepped up not just as a friend but as a guiding light. Emotionally shaken though he was, Arjuna managed to steer Johann and his wife Kalpana through complex medical treatments while keeping the rest of us, who were understandably anxious, calm and hopeful. Watching him juggle this immense responsibility without panicking was nothing short of inspiring. It was only when Johann passed away that I was able to see him with his guard down; I had never seen Arjuna so deeply shaken before.
His sobriety in his professional life was quite in contrast to how he was when he put aside his ‘doctoring.’ It is no exaggeration to say that I have never met any medical professional who parties like Arjuna does. Arjuna and his wife Thulani are the ultimate hosts; they are supreme when it comes to hospitality and entertainment. Arjuna loves company and celebrations so much that I often joke that if there is a lot of light and music Arjuna would be there or should be. He wouldn’t miss these things if he could help it.
An Oxford-qualified professor, Arjuna’s achievements are nothing short of extraordinary. His contributions to sports, both specific disciplines and the broader sporting community, cannot be matched by any doctor I know. A proud Thomian, he embodies grit, determination, and just the right touch of flair that has earned him the affectionate nickname “Dr. Shahrukh Khan.” And yes, he encourages it with that charming smile and a mischievous wink.
Arjuna isn’t one to wear his emotions on his sleeve, but as a very close friend, I can vouch for his sensitivity and sometimes even a need for attention. Those close to him know he has his weaknesses, for example his legendary reluctance to forgive easily. Arjuna remembers both the good and the bad. For all this, he is the first person many would call in a medical emergency, knowing he will be there without hesitation. I will never forget how he visited my father almost every single day when he became critically ill.
Above all, Arjuna is a proud and loyal Sri Lankan, a true patriot in every sense.
My dear friend Arjuna knows how sorry I am that I cannot be with him tonight as he celebrates the milestone of reaching 60. However, as we have joked and agreed, his party would be better without me for I share his weakness to be unforgiving at times. He will have a blast, nevertheless, for Arjuna is irrepressible. He will take note and smile when I wish him a wonderful time. It will be a blast, as always and Arjuna will enjoy every moment and raise a cheer with those present with a nod to those who, like me, are not there, to many more years of friendship, laughter, and unforgettable memories!
Happy 60th, Prof. Arjuna!
by Krishantha Prasad Cooray ✍️
This is about the children of Kytes Island J/Thambaddy Government Tamil Mixed Vidyalayam and J/Delft Maha Vidyalayam in the northernmost inhabited island of Sri Lanka. They travelled to Colombo and won in the China-Sri Lanka Friendship Cup Dragon Boat Regatta Junior (Under 18) section held in the Diyawannawa lake last week.
Delft Maha Vidyalam commenced on 17 January 1946, as one of the first Maha Vidyalayam established by the Father of Free Education, Dr C. W. W. Kannagara, then Education Minister. Declared open by Sir John Kotelawala with five teachers and 23 students; the school has classes from Grade 1 to Grade 13 today. There are 179 students (117 boys and 62 girls), 20 teachers (10 males and 10 females). This is the northernmost Maha Vidyalayam in Sri Lanka. A ferry voyage from the Jaffna mainland to Delft takes about one and a half hours.
Thambaddy Government Tamil Mixed Vidyalayam is on Kytes island. It has 179 students in classes from Grade 1 to Grade 11, and 19 teachers. It has produced excellent swimmers who won 18 medals in the last Provincial Swimming meet, even though they do not have a swimming pool. They practise in a village pond!
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- J/ Thambaddy Government Tamil Mixed Vidyalayam
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- Girls category competition
Boys Junior Dragon boat event was won by J/Thambaddy GTMV team consisting of twelve paddlers who pulled their boat in unison with much vigour and morale. They were followed closely by another team from Jaffna Islands (Delft) J/Delft Maha Vidyalayam. During the last stages of the race, there was a close competition between these two teams. The results were as follows:
1. Gold medal – Thambaddy GTMV, Kytes Island, Jaffna
2. Silver medal- Delft Maha Vidyalayam, Delft Island, Jaffna
3. Bronze medal- D S Senanayake College, Colombo
4. St Patrick’s College, Jaffna
5. Wesley College, Colombo
6. Gateway International College, Colombo
7. Wesley College, Colombo, (team 2)
This great achievement by Jaffna Island schools was due to unstinted support and guidance they receive from the Sri Lanka Navy, especially Secretary of the Canoeing and Kayaking Association of Sri Lanka, Captain (SBS) Chaminda Wijesiri, an injured war veteran. This potential international level talent was spotted by him when the Canoeing and Kayaking Association held the National Canoeing and Kayaking Regatta six months ago in the Jaffna lagoon adjacent to the picturesque Jaffna Dutch Fort.
The Chinese Embassy of Sri Lanka and Sports and the Youth Affairs Ministry jointly organised the Regatta at Diyawannawa lake, which was to be held near the Port City. It had to be shifted to the Diyawanna Lake due to rough seas. The Army and Navy Commanders and Director General Sports (Retired senior Naval officer Rear Admiral Shermal Fernando) helped transport the Jaffna teams to Colombo.
Winners with Preethi Perera the former President of the Canoeing and Kayaking Association
The teams were provided with accommodation at the Sports Hostel, Colombo, and the Youth Council Hostel, Maharagama free of charge, and Rear Admiral Shermal Fernando took care of their meals.
Girls from these two Jaffna islands also performed extremely well. They lost to Vishaka College Colombo team, but secured Silver and Bronze medals. The final results of Girls category were as follows:
Gold medal- Vishaka College Colombo.
Silver medal- J/ Thambaddy GTMV, Kytes Island, Jaffna .
Bronze medal- J/ Delft Maha Vidyalayam, Delft Island, Jaffna.
WP/ Jaya/ Janadipathi Balika Vidyalaya, Nawala.
Five fully equipped Dragon Boats donated by China were handed over by Chinese Ambassador in Colombo Qi Zhenhong to the Canoeing and Kayaking Association. Chairman of Canoeing and Kayaking Association, Rear Admiral (SSD) HNS Perera has already decided to keep two boats in Jaffna for the use of the northern children.
Winners with Rear Admiral Damien Fernando (Chief of Staff of Navy) and Captain (SBS) Chaminda Wijesiri
Our next step is to train combined Jaffna schools teams (both girls and boys) to take part in the world famous Snake Boat Race in Backwaters of Kerala, India scheduled to be held in September this year. Bravo to these children! Mother Theresa once said, “We can’t do great things – but we can do small things with great love”. Keep paddling children!
(The writer is Former Navy Commander and Former Chief of Defence Staff, Former Chairman, Trincomalee Petroleum Terminals Ltd., Former Managing Director Ceylon Petroleum Corporation, and Former High Commissioner to Pakistan.)
by Admiral Ravindra C Wijegunaratne ✍️
WV, RWP and Bar, RSP, VSV, USP, NI (M) (Pakistan), ndc, psn, Bsc
(Hons) (War Studies) (Karachi) MPhil (Madras)
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