Institute of National Security Studies holds public lecture on ‘Oil Spill, A Major Threat to Environmental Security’

The Institute of National Security Studies Sri Lanka (INSSSL) held a public lecture on 30 September at the auditorium of INSSSL, with the participation of several experts from the academia, legal, military and security fields, to discuss particular threats to environmental security due to oil spills. The guest speaker was Marine Environment Protection Authority (MEPA) Chairperson Dharshani Lahandapura. The public lecture was moderated by INSSSL Director-General Admiral Prof. Jayanath Colombage.

Prof. Colombage commenced the session by citing the recent case on the ‘MT New Diamond’ crude oil tanker hazard in the Indian Ocean. He praised the joint efforts taken by MEPA and military forces including Navy and Air Force together with the Sri Lankan coastguard, in their work towards averting the disaster and successfully dousing the fire off MT New Diamond. He highlighted that, as much as environmental peril is at hand, the legal conundrums must be addressed in providing a dictum on accountability.

Guest speaker Lahadapura delivered an illustrious presentation on oil spills which revolved around five important categories. Namely, “major oil spills that occur globally and locally, Sri Lanka as a vulnerable state for oil spills, The role of MEPA in case of an oil spill, oil spills as an environmental security threat, and actions taken at MT New Diamond incident and learnings”. She cited major oil spills such as the Torrey Canyon Oil Spill (1967), The Atlantic Empress Oil Spill (1979), The Ixtoc 1 Oil Spill (1979), highlighting the environmental damage caused by each oil spill. Focusing the discussion to Sri Lanka, she highlighted how Sri Lanka has become vulnerable with regards to oil spills in terms of the country’s strategic location, monetary incapability, and lack of technical knowledge in handling a vast disaster as such. Moreover, she shed light on the mandate vested on MEPA, and the Marine Pollution Prevention Act in relevance to legal framework currently existing on grappling the shipping hazards. She emphasised the responsibility of stakeholders to respond to the National Oil Spill Contingency Plan through forwarding recommendations, in order to counter threats of oil spills. Then she discussed the adverse impacts of oil spills to Environmental Security in reference to effects on marine animals, plants, and shore amenities. In addition, effects to human welfare and economic activities were discussed, reiterating that with disasters such as these, it ultimately poses threats not only on environmental security but also on economic security, and human security as well. 

With reference to the MT New Diamond Case Study, she praised the collective response of the Sri Lanka Navy, Air Force and Coast Guard, the regional corporation received through the Indian Navy, Air Force and Coast Guard, and the (ship) owner-appointed Salvors, in preventing what could have been recorded as one of the largest oil spills in history. She further espoused the actions taken through MEPA – as the national authority to coordinate oil spills – in mitigating the disaster through convening an emergency response, engaging in scene inspection, measures of recovering expenses and legal action against the captain, and quantifying pollution and marine environmental damages. As the initial danger has been mitigated, the safe removal of the ship is yet to be inquired. With attention to the weather forecast, as Sri Lanka is set to be impacted by the North-East monsoon from mid-October to December, Lahadapura advised that swift action must be taken.

The discussion further unravelled through the audience as MEPA General Manager Dr. Terney Pradeep Kumara, commented on repercussions of the MT New Diamond oil spill. He stated the difficulty of quantifying damages and recovering expenses, the difficulty of detaining the tanker, and the complexity of taking legal action against the captain of the ship. He highlighted the sensitivity of the East Coast which is rich with natural resources, and how it was afflicted by the oil spills. He further mentioned the prevailing legal loopholes which needs to be remedied. Furthermore, he provided recommendations to be taken by Sri Lanka to avoid future catastrophes.

Harbour Master Capt. K. M. Nirmal P. Silva, expressed his view on subsisting deficiencies in the system such as lack of proper coordination and lack of resources. Attorney-at-Law Dr. Dan Malika Gunesekara, contributed with the possible legal avenues that can be taken to solve the crisis under admiralty jurisdiction. 

Admiral Thisara Samarasinghe pointed out the necessity of resorting to a quick procedure to solve legal claims. Many other officials including Prof. Deepthi Wickramasinghe from the University of Colombo expressed willingness contribute through academia and collaborate on providing solutions. 

The event was concluded successfully identifying legal, institutional gaps that need to be addressed. Recommendations were made to increase effectuality of legal framework and funding mechanisms, and increasing private sector contribution. It was agreed that communication and knowledge sharing between each stakeholder must be aptly fulfilled, and INSSSL has taken a significant initiative in enabling discussions.