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Factum Perspective: Reflecting on the X-Press Pearl Case

By Britney Martil

The X-Press Pearl disaster, which unfolded on May 20, 2021, near the coast of Sri Lanka, stands as a harrowing event with profound consequences that have reverberated across multiple fronts. This maritime catastrophe has sparked significant developments in recent times, drawing attention to the gravity of the incident and emphasizing the pressing need for immediate action.

Notably, the Attorney General’s Department of Sri Lanka has taken a pivotal step by opting to initiate legal proceedings in Singapore, a decision that underscores the magnitude of the disaster and showcases the government’s resolve to hold accountable those responsible.

By pursuing legal action in the jurisdiction where the ill-fated vessel was registered, Sri Lanka aims to seek redress and compensation for the extensive environmental devastation, economic losses, and detrimental health impacts inflicted by the calamity.

As the repercussions of the disaster continue to unfold, it becomes increasingly evident that comprehensive measures and just restitution are imperative to address the multidimensional implications and pave the way for recovery. This article examines the consequences of the X-Press Pearl incident for various sectors, shedding light on the urgency of addressing the multidimensional impacts and seeking appropriate compensation.

Environmental consequences

The X-Press Pearl disaster resulted in the release of hazardous materials and pollutants into the marine environment, causing widespread contamination. The deposition of plastic pellets, known as nurdles, has been a significant concern. These small plastic particles have littered Sri Lanka’s beaches, posing a severe threat to marine life.

Birds, turtles, and other marine animals often mistake nurdles for food, leading to internal injuries, starvation, even death. The scale of nurdle pollution has been staggering, with microplastics polluting the coastal areas, threatening the delicate balance of the marine ecosystem.

Furthermore, the incident has disrupted and degraded vital coastal habitats. The release of hazardous chemicals and the subsequent contamination of water bodies pose a severe risk to mangrove forests, coral reefs, and seagrass beds.

These habitats provide essential breeding grounds, nurseries, and shelter for numerous marine species. The toxic impact on these habitats can have cascading effects on the entire food web, resulting in the decline of fish stocks, the loss of biodiversity, and the overall degradation of coastal ecosystems. The disaster has put several endangered species at risk.

Sri Lanka is home to various marine animals, including sea turtles, dolphins, and whales, many of which are already vulnerable due to other environmental pressures.  The release of pollutants and the contamination of their habitats have intensified the threats they face.

For instance, sea turtles nesting along Sri Lanka’s beaches have been directly affected by the influx of plastic pellets, potentially hindering their reproductive success and overall population growth.

Economic ramifications

The economic repercussions of the X-Press Pearl incident have been far-reaching. Sri Lanka’s fishing industry, a vital source of livelihood for thousands of families, has been severely impacted. With the contamination of coastal waters, fishing activities have been disrupted, causing financial distress for over 20,000 fishing families and approximately 16,000 fishermen.

The decline in fish stocks and the loss of markets due to concerns over contamination have dealt a blow to the industry and its associated businesses, affecting the broader economy. Additionally, Sri Lanka’s reputation as an eco-tourism destination has been undermined.

The contamination of pristine beaches and the negative media coverage have deterred potential tourists concerned about the environmental fallout. This erosion of environmental reputation has direct economic implications, with a decline in tourist arrivals and revenues. The loss of revenue from tourism exacerbates the challenges faced by local communities and hampers efforts to restore and rehabilitate the affected areas.

Health implications

The release of hazardous chemicals into the environment during the X-Press Pearl disaster has exposed nearby communities to toxic substances. Inhalation of these pollutants can have detrimental effects on respiratory health, leading to various respiratory ailments such as asthma, bronchitis, and other respiratory tract infections. The long-term consequences of exposure to these toxic substances are yet to be fully understood, underscoring the importance of ongoing monitoring and healthcare services for affected individuals.

Moreover, the contamination of coastal waters due to the spillage of hazardous materials presents a significant public health concern. The presence of toxic substances in water sources raises the risk of waterborne illnesses and diseases.

Local communities relying on these water sources for drinking, fishing, and other daily activities face potential health hazards. It also has brought into light that the disaster has had a profound impact on the mental health and well-being of affected communities.

The destruction of livelihoods, the uncertainty surrounding the long-term consequences, and the loss of natural resources have caused significant stress, anxiety, and psychological distress. Individuals and families affected by the disaster may experience emotional trauma, financial hardships, and a sense of displacement.

Recent developments: Seeking compensation

In a significant development, the Attorney General’s Department of Sri Lanka recently announced its decision to file legal action in Singapore. The purpose of this legal move is to seek compensation for the environmental damages inflicted by the disaster.

The filing of a lawsuit in Singapore was an unexpected turn of events, catching many by surprise. Dr Ravindranath Dabare, Chairman of the Centre for Environmental Justice and an Attorney-at-Law, has noted that the authorities had not previously disclosed their intention to pursue legal action in Singapore, making it a recent and consequential development.

Thus, the decision to pursue legal action in Singapore holds immense significance for the ongoing aftermath of the X-Press Pearl disaster. The move underscores the seriousness with which the Sri Lankan government views the environmental damages caused by the incident.

By seeking compensation through legal means, Sri Lanka aims to hold accountable those responsible for the catastrophic consequences of the disaster. The potential outcomes of this legal pursuit are multifaceted. If successful, it could provide much needed financial resources to aid in the restoration of the affected ecosystem and support affected communities.

Moreover, it serves as a powerful statement, highlighting the importance of safeguarding the environment and deterring future incidents of a similar nature. In the wake of the X-Press Pearl disaster, it becomes evident that strengthening resilience and implementing preventive measures are imperative to safeguard Sri Lanka’s environment, public health, and economy.

This catastrophe serves as a wake-up call to reinforce regulations pertaining to the transportation of hazardous materials and enhance emergency response capabilities in maritime activities. Collaboration among authorities, industry stakeholders, and environmental organizations is essential in developing robust frameworks, promoting sustainable practices, and building a resilient future that minimizes the risks of similar incidents.

Britney Martil is a law student at the Kotelawala Defence University. With a passion for justice and equality, she is determined and dedicated to fighting against all forms of injustice.

Factum is an Asia Pacific-focused think tank on International Relations, Tech Cooperation, and Strategic Communications accessible via www.factum.lk.

The views expressed here are the author’s own and do not necessarily reflect the organization’s.

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