Tuesday Aug 12, 2025
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The toxic leak killed a large number of fish, turtles, dolphins, whales and other marine mammals, and caused extensive damages to the coral reefs and pristine beaches
Marine Environment Protection Authority (MEPA) and its former Chairperson were found guilty by the Supreme Court (SC) unanimously in a far-reaching judgment contained in a 361 volume for failures to respond to the X-Press Pearl disaster and for non-compliance with their statutory duties and obligations under the MEPA Act.
The SC also found that the failure of the Chairperson to convene a meeting of the Board of Directors constitutes a glaring dereliction of duty at a time when the world’s worst marine environment disaster affected our marine biodiversity to the highest magnitude in terms of the chemicals and polymers discharged to the marine environment.
The SC termed this transgression on the part of the Chairperson “a clear departure from the collective decision-making process stating that the statute required her to play a collective role in the discharge of the duties.” Prof. Ajith de Alwis who served in the Environmental Damage Assessment Team (EDAT) appointed by MEPA states that the errors leading to the disastrous outcome could have been easily addressed and this calamitous situation averted if not for the significant indifference and failures of the authorities to understand the potential consequences of this disaster.
Sequence of unpardonable blunders
The SC judgment has had ripple effects on all the stakeholders in that it has said that the citizens of the country have an inalienable constitutional right to possess a clean environment and underscored that environmental degradation is not only a policy issue but also a basic fundamental right. On this basis, the Chairperson was deemed to have failed to perform her statutory obligations and duties thereby committing criminal responsibility under the MEPA Act, the SC said.
Those who meticulously follow the sequence of legal proceedings that led to this landmark judgment of awarding of $ 1 billion compensation on the ship owner would observe that the alarming events and gaps that have surfaced have been more damaging than the disaster itself.
Notably, the institutional unpardonable lapses on the part of the key respondents namely MEPA, Attorney General’s Department (AG) have come into light. It is earnestly hoped that the SC would appoint one more commission in addition to two more commissions to inquire into the institutional lapses of MEPA and the AG considering the major lapses that the writer has pinpointed in this article. It is obvious that MEPA’s handling of this disaster has not been in the best interest of the affected parties in particular and the marine and ecological environment of Sri Lanka in general.
This article is based on an incisive study the writer has made after meticulous perusal of the SC judgment and the relevant documents which shed some glaring inadequacies and weaknesses with special reference to the broader role played by MEPA.
What is MEPA?
The preamble of the MEPA Act says that the prime motive of the establishment of MEPA is to provide for the prevention, control and reduction of pollution in the territorial waters of Sri Lanka or any other maritime zone, its fore-shore and the coastal zone of Sri Lanka.
The part 11 of the Act has articulated 10 specific functions from (a) to (j) in that the formulation and execution of work for the prevention, reduction, control and management of pollution arising out of ship-based activity and shore-based maritime related activity in the territorial waters of Sri Lanka or any other maritime zone and the coastal zone of Sri Lanka. It is evidently seen that the MEPA Act is clothed with enormous powers given to the MEPA Board to deal with maritime disasters and pollution in a cohesive manner.
Being a senior lawyer and a PhD holder, it is a moot point why the Chairperson miserably failed to consult the Board of Directors despite the fact that unfettered powers have been entrusted to her by the statute.
Constitution of the Board
It is of relevance to mention here that the Act identifies the vulnerable sectors that should represent the interests at the Board. It says that the administration, management and control of the affairs of MEPA shall be vested in a Board of Directors consisting of three members appointed by the Minister in addition to Ex-Officios representing the Ministries of Environment, Foreign Affairs, Finance, Fisheries, Director of Merchant Shipping, Sri Lanka Navy, General Manager of MEPA.
Had the Chairperson galvanised into action in consultation with the Board, this disaster could have been dealt with in a different manner causing minimum damages to the marine environment, the SC has emphatically said. What prompted the Chairperson to recourse to an authoritarian style of management is the question that begs an answer.
Employees say that she was appointed to this post merely on political blessings. She had been an ardent member of the infamous “Viyathmaga” movement that supported the former President Gotabaya Rajapaksa during his presidential election. It is alleged that she has not held any senior managerial position in the public and private sectors. She is reported to have displayed her immaturity and arrogance, when she addressed the MEPA staff on the assumption of her duties by stating that her high priority is with the legal profession and she has hardly any time to engage herself on full-time basis on MEPA activities and she only deals with the General Manager and requested the staff to sort out any issues with him without approaching her.
The most significant drawback the writer has observed in this study is that MEPA is more often than not, headed by Attorneys-at-Law who hold this prestigious position on a part-time basis thus giving more priority to the lucrative legal profession and belittling the legitimate functions assigned to them from the MEPA statute. It is my considered view that the ailing MEPA cannot be resuscitated unless a complete organisation structure is introduced
This irresponsible statement sounded very pompous and self-congratulatory. A Chairperson of her standing should not have made irresponsible statements on the first day of duties, as the wholehearted support across the board is required to run an organisation. It is probably under this mythical delusion she would have not consulted the board of directors in this calamitous situation. Is it the inertia or the dereliction of duty or any other surreptitious agenda that compelled her to adopt a lackadaisical approach towards the onerous tasks?
Take for instance the value of the Ex-Officio who represented the interests of the fisheries sector which is the worst sector that was badly devastated. The ship disaster devastated marine life along swaths of the island’s coastal line destroying the livelihood income of more than 500 fishing community for more than one year. The toxic leak killed a large number of fish, turtles, dolphins, whales and other marine mammals, and caused extensive damages to the coral reefs and pristine beaches.
It should have been the utmost duty of the Chairperson to seek the assistance of this Ex-Officio who represented the fisheries sector to mitigate the ill-effects of the enormous damages caused to the fisheries sector. Similarly, she should have maintained a close dialogue and rapport with the Ex-officios such as Sri Lanka Navy, Director Merchant of Shipping, Ministry of Environment, and Foreign Affairs. Obviously, the SC has correctly realised the enormous damages the Chairperson had caused bypassing her own Board. The writer cannot comprehend any logical reasoning behind the Chairperson’s peculiar handling of the catastrophe. Probably, future investigations ordered by the SC will shed some valuable insights over her transgressions?
Adherence to the international conventions
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MEPA former Chairperson Dharshani Lahandapura |
MARPOL is one of the most important conventions Sri Lanka has entered into with the International Maritime Organizations (IMO) as far back as 1997. This convention is aimed at the prevention of pollution from ships caused by operational or accidental causes. The only IMO that remains unattended is the Annexure six (VI) which deals with the prevention of pollution by ship emissions. Although a substantial work in this regard has been prepared and submitted to the Ministry of Environment as far back as 2015, it has not seen the light of day. OPRC Convention and HNS Protocol Convention, Ballast Water Management Convention and London Dumping Convention are also equally important conventions that have not escaped the prime attention of the Chairperson. There is no visible action plan in the pipeline to give the urgent attention to the unattended conventions even at this stage by MEPA and the Ministry.
The most significant drawback the writer has observed in this study is that MEPA is more often than not, headed by Attorneys-at-Law who hold this prestigious position on a part-time basis thus giving more priority to the lucrative legal profession thus belittling the legitimate functions assigned to them from the MEPA statute. It is my considered view that the ailing MEPA cannot be resuscitated unless a complete organisation structure is introduced.
Institutional indiscipline
The post of Chairman of any organisation is the cornerstone of the organisational hierarchy in maintaining the institutional discipline. Something unusually and radically happened with the emergence of the X-Press Pearl disaster. The Chairperson’s relationship with the General Manager (GM) turned sour to a lowest ebb.
Insiders say that the disgruntled officers in the managerial positions at MEPA were reported to have rallied around the Chairman, presumably knowing her weaknesses and ulterior motives and created a personal rift against the General Manager (GM) who has served MEPA for seven years with distinction. The GM has had no other option than to revert to the academic staff under utter frustration. The General Manager is none other than Dr. Terny Pradeep, a distinguished scientist and a university professor in the field of marine ecology who is held in high esteem.
It would be a gross injustice, if a brief reference is not given to the intellectual supremacy of Dr. Terny Pardeep who later became the Professor in Oceanography attached to the Department of Oceanography and Marine Geology, in the University of Ruhuna. He had obtained his Ph.D in Coral Ecology from the University of Kalmar Sweden. He has published over 100 international and local publications. He is an UNEP Advisory Group Member for the Marine Litter and Microplastics and also a SACEP Expert member for Marine Litter Management for South Asian Seas (SAS) region. Currently, he is the Director General, Coast Conservation and Coastal Resources Department.
The Chairperson would not have faced the unfortunate predicament at the hands of SC, had she solemnly heeded the professional advice of the learned Professor without listening to the incorrigible characters. In that sense, it would be correct to say the Chairperson is hoist on his own petard today.
Harassment
The Chairperson was reported to have continued her victimisation process with the connivance of the sycophants she associated closely against a couple of senior members. They had been harassed in a merciless manner which paved them to leave by way by tendering their resignation under frustration. The Manager Operation, an experienced lady with higher credentials including that of two postgraduate degrees from the World Maritime, Sweden in Maritime Eco Systems and Ocean Management and from the Open University in Environmental Science.
All operational matters including that of X-Press Pearl disaster came under her purview and moreover the marine related matters in the Western Province in which the ship disaster took place was under her direct supervision. She was completely kept away from the scene of the disaster from the very inception raising fraudulent signals.
Had the Chairperson galvanised into action in consultation with the Board, this disaster could have been dealt with in a different manner causing minimum damages to the marine environment, the SC has emphatically said. What prompted the Chairperson to recourse to an authoritarian style of management is the question that begs an answer
Similarly, the legal officer who possessed a postgraduate degree in marine environmental management with two decades of experience at MEPA was also shown the exit door, after much harassment. The Chairperson’s biggest weakness appeared to her inability to work in a team with amity. All these officers who could not have been bought have served MEPA with the highest integrity.
As per the SC ruling, the CID, CIABOC and the National Audit Officer will be able to unearth valuable information for the isolation of the relevant officers and the shady deals and fraudulent activities. A grapevine is in circulation that a storage complex has been rented out in Sararakaru, Negombo thus circumventing standard procedures to store burnt nurdles and waste material at unconscionable rates thus costing millions and millions to the MEPA coffers. Procurement of overhauls and other essentials is reported to have made at exorbitant rates citing emergency purchases. These two fraudulent deals which are now in the public domain are only the tip of the iceberg. The SC judgment discloses that the Chairperson’s transgressions and surreptitious involvement smack of an insidious hidden agenda for which SC has retained the right to inquire into the gamut of unresolved issues.
MEPA, according to my view, is a rudderless organisation drifting aimlessly in the high seas of Sri Lanka and only the SC could salvage it from the bottomless abyss.
(The writer is a Productivity Specialist and Management Consultant. This article was written without any malice to anyone but for the wellbeing of the marine environment.)
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