The Human Rights Commission of Sri Lanka (HRCSL) is preparing its recommendations on the alleged violation of human rights of Sri Lankans due to the Singaporean-flagged MV X-Press Pearl vessel disaster in the first week of next month.

The commission said that it had already completed the primary investigation on the matter and had recorded statements from all parties concerned over the allegation.

It is learnt that investigations by the commission are ongoing based on a complaint lodged by Dr. Ajantha Perera and the Centre for Environmental Justice (CEJ).

In its petition, the CEJ called on the HRCSL to declare that the Fundamental Rights (FR) of the Petitioners, as well as the rights of the entire citizenry and the future generations guaranteed to them under Articles 12(1) and 14(1)(g), had been infringed by the action or inactions of any one or more or all of the respondents.

It also called on the respondents to conduct an independent and impartial investigation into the fire on MV X-Press Pearl in order to ascertain the cause and parties responsible for the unprecedented harm and to submit a report to the HRCSL. 

The CEJ has requested the HRCSL to issue an order instructing the owners and insurers of the X-Press Pearl vessel to pay compensation amounting to $ 6.4 billion to Sri Lanka for the environmental damage and pollution caused to the marine and coastal ecology of Sri Lanka and the atmosphere under the Polluter Pays Principle. 

It has also requested the HRCSL to order the State and other institutions responsible for this accident and ensuing disaster to fulfil their responsibilities in this regard.

In its petition, the CEJ has highlighted the events leading up to the disaster and the lack of preparedness of the Sri Lankan authorities to face such an emergency situation and the nature of the extensive damage caused to the country’s environment and that public monies were spent on the clean-up process.

The CEJ said any such monies must be recovered from the owners and insurers of the vessel and the threat to public health and livelihoods were also other focus areas of the petition. 

In the meantime, Transparency International Sri Lanka (TISL) has filed a petition in the Supreme Court on Monday seeking to intervene in the ongoing Fundamental Rights case (SC/FR/Application No.168/2021) filed by the CEJ and three more petitioners, highlighting the serious allegations of bribery and corruption surrounding the X-Press Pearl disaster.

Sri Lanka filed a lawsuit against the owners of the X-Press Pearl in Singapore on 25 April.

According to Additional Solicitor General (Administration) Chethiya Goonasekera, the originating claim pertaining to the claims action on merits of the X-Press Pearl incident was filed in the General Division of the High Court of Singapore, naming the Attorney General of Sri Lanka as the Claimant.  

The litigation of the MV X-Press Pearl incident is being handled by a Singaporean legal firm, appointed and retained with the approval of the Cabinet of Ministers, to represent the interests of the Government of Sri Lanka.

On 20 May 2021, the Singaporean-flagged vessel caught fire and sank off the west coast of Sri Lanka. It carried 1,488 containers, including 81 with dangerous goods, 25 tonnes of nitric acid, 348 tonnes of oil, and up to 75 billion small plastic pellets known as nurdles (used to make plastic products).

Since then the disaster has had a significant impact on Sri Lanka’s delicate coastal environment, local communities, and economy, wiping out a large number of marine species. Experts in Colombo have termed the incident ‘the worst man-made marine pollution disaster’ in Sri Lankan history.