COLOMBO : The Human Rights Commission of Sri Lanka, HRCSL as part of its ongoing inquiry into the X-Press Pearl ship disaster has on Wednesday ,May 17,submitted an interim report to the President of Sri Lanka.
The report is predicated on a careful evaluation of the evidence presented thus far. The Constitution of Sri Lanka guarantees the Fundamental Right to Equality and Equal Protection of the Law under Article 12(1) of the Constitution, and the freedom to engage in any lawful occupation under Article 14(i)g.
The petitioners who raised the complaint related to the X-Press Pearl ship disaster have identified the infringement of the above rights as a consequence of the failure of the government of Sri Lanka to take adequate measures to prosecute, initiate civil action and file for indemnity about the damage caused to the environment, national economy and livelihoods of the communities affected.
Furthermore, the fundamental rights are supported by the Fundamental Duties in the Directive Principles of State Policy, in particular, Article 27 (14) – “The State shall protect, preserve and improve the environment for the benefit of the community”, and 27(2)(c) the realization by all citizens of an adequate standard of living.
Therefore, in light of its powers under the HRCSL Act, No. 21 of 1996, Sections 10 & 11 the HRCSL hereby makes the following recommendation; – That the President directs the Attorney General to file appropriate civil proceedings immediately, and before the deadline of 19th May 2023, under section 34 of the MEPA Act and with clear coordination with the MEPA. If the Attorney General does not believe there is sufficient cause to file civil proceedings in Sri Lanka the HRCSL would request a written explanation as to this decision.
Civil proceedings in our opinion should be filed against a number of corporate entities, at minimum two, based in Sri- Lanka as well as at minimum one registered in Singapore. – For an independent board of inquiry to be established to ascertain and ensure lines of accountability to the public at large by all State authorities in relation to inter alia the decision not to file civil action in a timely manner in the courts of Sri Lanka and all other decisions with regard to investigatory process, related to the X-Press Pearl ship disaster
