The governance of Sri Lanka’s maritime affairs, and maritime security posture is one which is addressed by many stakeholders. While multiple agencies have over the decades had varying jurisdiction over maritime affairs, ocean environmental issues, maritime emergencies and maritime security, Sri Lanka has not developed an umbrella body with oversight to manage the roles and responsibilities of the myriad of agencies. The European Union has developed the European Maritime Safety Agency (EMSA), Australia has the Australian Maritime Safety Authority, and with South Africa is the South African Maritime Safety Authority (SAMSA), and Singapore has the Maritime and Port Authority of Singapore (MPA).
The oil spill from the MT New Diamond tanker fire on the east coast, and the ocean pollution disaster that was the result of the MV X-Press Pearl wreck off the Colombo port, are the most recent reminders to the state regulatory bodies on maritime matters. The Marine Environment Protection Authority (MEPA), National Aquatic Resources Research and Development Agency (NARA), and the Sri Lanka Ports Authority are poorly equipped, abysmally staffed and mandated to address ocean crises. Sri Lanka has learned many lessons from both incidents, but what has been done to remedy the status quo remains unclear. The manner both crises was handled clearly indicated that all three agencies lacked resources, updated legislation, expertise and the ability to coordinate effectively. It is suppressing that Sri Lanka has not commissioned a ‘Commission’ to look into the shortcomings of handling both incidents. Given the history of commissions as a means to ‘pass time and do little’ perhaps it's best that the Government has not gone down that path.
As such, Sri Lanka should consider a new authority which has clear responsibilities to the regulator for maritime safety, to better coordinate island’s response and preparedness to address maritime emergencies and pollution, and to act as the administrator of our Port state control duties and Sri Lanka’s international maritime obligations. Some countries have placed such authorities under their ministries of transport, others under ministries of interior. Having a single point statutory authority responsible for the regulation and safety of maritime affairs would help Sri Lanka’s maritime ambitions and lay the groundwork for a smooth entry into and sustainable exploitation of the much talked about ‘Blue economy’ which the political leadership keeps mumbling about. The new authority, which should ideally stand on its own legislation, should be used as an opportunity to clearly define the roles of the stakeholders; both military and civil. Under such an authority – it is important that resources allocation for maritime affairs also be improved.
It was found that MEPA and NARA lacked ocean going capacity and were in need of equipment and resources to effectively respond to a pollution incident or mitigate the crisis. While the Sri Lanka Navy and Coast Guard may be mandated to act in these situations as ‘first responders’ they too are not given the relevant budget allocations to be well prepared for the role and task. Many stakeholders of Sri Lanka’s maritime affairs are grossly under-resourced. Furthermore, qualified and experienced professionals should be recruited and appointed to administrative positions of such stakeholder agencies. Sri Lanka can ill-afford to have the top seats of such agencies, arranged for musical chairs by politically linked ‘seat warmers’ who often come unequipped, and lack subject matter knowledge to be effective in their role. However, this may require a significant change in the island’s political culture, so let’s not hold our breath on that.
Sri Lanka should also consider updating its outdated legislation related to maritime affairs. During the MT New Diamond and MV X-Press Pearl crisis, and post events, it was understood that Sri Lanka’s outdated legislation was an obstacle to the prosecutorial efforts and to seek compensation.
Sri Lanka was found wanting in legislation regarding international conventions that are relevant to maritime emergencies, pollution and salvage. It is high time that Sri Lanka gets its act together, learn from past mistakes, build resilience and be prepared for the next maritime emergency or crisis.