In the news – Page 46 – Bio Diversity Sri Lanka

June 27, 2016by bslIn the news Latest Posts

A cry from the wilds of Mannar

Save this area’s unique eco-systems and the animals that inhabit them from short-sighted development plans, pleads environmental activist Dr. Sampath Seneviratne

Tread very carefully when leaving a development footprint on this island, for it could do more irreparable and irrevocable harm than good, urge environmentalists.

While in some parts of Mannar Island which covers about 195sqkm any development or human intrusion could crush hundreds of bird-eggs scattered on the ground, in other parts it could be a danger to the mammals, such as spotted deer, feral horses and donkeys which roam the area.

The stark image on the need to free Mannar Island from human encroachment is a beautiful spotted deer, taking a leap from one side of what used to be its home to the other side. Now, its wilderness is under threat, divided by a five-foot high barbed-wire fence. What awaits the deer on the other side is not freedom but more danger in the shape of nasty nooses and cruel traps put in place by man.

The onslaughts on Mannar Island are coming in different forms such as deforestation, illegal encroachments, land-grabs and constructions with allegations that massive projects such as the installation of wind turbines would also toll the death knell for this biodiversity-rich beauty-spot, environmentalists lament.

It is a very emotional environmental activist, Dr. Sampath Seneviratne, Research Scientist on Molecular Ecology & Evolution and Senior Lecturer in Zoology, Colombo University, who has trudged every inch of the island and knows it like the back of his hand, who pleads for intervention both by the authorities and the public.

“Their (the deer and all creatures on Mannar Island) land has been robbed from them. They desperately need help…. help from all nature lovers. The last of this sensitive and unique habitat (the sand dunes of Mannar Island) is fenced – ready to be destroyed forever. Is there a way to safeguard the remaining few patches of it and all its beauty,” he asks, blaming humanity’s greed, insensitivity and injustice towards these creatures.

“The effects of such unplanned activities will be extremely harmful for the long-term survival of Mannar Island,” reiterates Dr. Seneviratne.

Numerous appeals to the District Secretariat officials seem to have fallen on deaf ears, even though the Central Environmental Authority (CEA) has been quick to respond to urgent pleas whenever specific instances of destruction have been pointed out to them, it is learnt.

Dr. Seneviratne highlights each and every aspect of what is unique about Mannar Island. According to him it has four exclusive eco-systems, not found anywhere else in the country.

Vankalai mudflats – In ultra-low tide, they take on a desert-look, metamorphosing into a lagoon at ultra-high tide. Around 100 species of birds with different beak types access different layers of the water and silt-like mud which is replete with invertebrates such as molluscs and annelids while the ‘forest’ under the mud harbours tasty morsels such as crabs and lobsters for other birds. This unique system supports millions of birds, both migratory and resident, which feed and breed in this undisturbed habitat.

Adam’s Bridge sand dunes and sandy islands – This habitat across 13km with no trees except for a few shrubs provides the ideal environment for animals which hop or fly. The hopping creatures cross when the sand-bars show up during ultra-low tide. This area also serves as a mixing and transferring bowl for Sri Lankan and Indian genes among fauna and flora. With land predators such as dogs, cats, mongooses or snakes unable to cross the waters to the 3rd and 4th islands forming Adams’s Bridge, 11 endangered species of birds lay their eggs, sans nests or any kind of protection, on the bare earth here.

n Sand dunes on the main Mannar Island – These are some of the most well preserved natural sand dunes in the whole of Sri Lanka, where the spotted deer roam, the jungle and fishing cats slink about, wild pigs snort around, the Dry Zone slender loris can be sighted, while a large number of birds can also be seen. This unique desert system bearing similarities to north Sri Lanka and southern India, is used as ‘a staging and re-fuelling area’ by the smaller migrant birds flying from the Himalayan foothills.

Korakulum wetland – This wetland with fresh water on Mannar Island attracts not only fishing cats, feral horses and donkeys, but also numerous bird species, including the breathtaking flocks of Flamingos.

Pointing out that the whole of Mannar Island has a “huge” significance in the global migratory pathways of a large number of birds, Dr. Seneviratne singles out Korakulum to push home the message for the need to protect and safeguard the area. He describes how Korakulum reflects the rainy and dry seasons, with the wetland water body being ringed by scrub forest. At the height of the dry season, the area becomes a grass-land.

“The mudflats within this wetland are an excellent feeding ground for shorebirds and other aquatic birds during the winter months. When the mudflats dry up during the summer months, they turn into breeding grounds for eight species of birds, two of which are listed as ‘threatened’ species in Sri Lanka’s National Red List,” he says. “It is one of the major wetlands in the Mannar area – the only freshwater lake available for both migratory and resident birds.”

Picturesque are the images, this bird specialist creates in the mind’s eye, substantiated by stunning photographs, for he himself has seen 62 species of land birds, 13 species of seabirds, 26 species of shorebirds and seven species of diurnal raptors from October to April during his walkabouts on the island.

It is also an important breeding ground for resident birds such as the ‘critically endangered’ Spot-billed Duck (Anas poecilorhyncha); ‘endangered’ Large-crested Tern (Sterna bergii), Roseate Tern (Sterna dougallii), Common Tern (Sterna hirundo and Long-tailed Strike (Lanius schach); and ‘vulnerable’ species such as Kentish Plover (Charadrius alexandrines) and Little Tern (Sterna albifrons), the Sunday Times learns.

Korakulam is also a critical feeding ground for more than 10,000 migratory birds including gulls, ducks, storks and shorebirds, says Dr. Seneviratne, adding that the ‘globally vulnerable’ Great Knot (Calidris tenuirostris) uses this wetland annually. Several locally important species such as the Greater Flamingo (Phoenicopterus roseus), the Great Black-headed Gull (Ichthyaetus ichthyaetus), Heuglin’s Gull (Larus heuglini), Eurasian Spoonbill (Platalea leucorodia) and Northern Teal (Anus crecca) are also frequently spotted here.

Not only is it a paradise for birds, according to this naturalist, for the feral horse (Equus ferus) and donkey (Equus africanus) graze in this wetland, while the Jungle Cat (Felis chaus) and Wild Boar (Sus scrofa) as well as endangered butterflies such as the Large Salmon Arab (Colotis fausta), Crimson Tip (Colotis danae) and Joker (Byblia ilithyia) are also found here.

It is in utter despair that he speaks of the mounting threats which include illegal encroachment with land-grabs and scrub-forest clearance being carried out with impunity. Giving specific examples, he says that the land around the lake has been partitioned into a large number of 10-perch lots as well as big lots of about an acre or more by fence posts and barbed-wire fencing. Some of these fences cut right across the wetland.

The scrub forest has also been cleared, laments Dr. Seneviratne, pointing out that even the historic Baobab trees have been uprooted and burnt in adjacent areas. Aggravating the situation, two gravel roads have been constructed as access roads to some of these cleared lands.

Garbage and refuse are being dumped on the northeastern boundary of the wetland near the dam, with the high winds littering the wetland with muck.

Meanwhile, the illegal trapping and shooting of waterfowl in Korakulam goes unabated and from the descriptions Dr. Seneviratne has garnered from the culprits he identifies the victims as migratory species such as Pintail and Gargany Ducks, and large gulls such as Great Black-headed and Huglin’s Gulls and also Grey Partridge, with sadly even the endangered Spot-billed Duck may be going into the cooking pot.

The need to conserve mannar island is apparent. It should be done not tomorrow or the next day but right now.ewha

Source :27/6/2016 Sunday Times :http://www.sundaytimes.lk/160626/plus/a-cry-from-the-wilds-of-mannar-198709.html

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June 24, 2016by bslIn the news Latest Posts

Defense and Fisheries ministries sign agreements to prevent maritime crimes

The Ministry of Defense and the Ministry of Fisheries and Aquatic Resources Development entered into multi agreements to prevent maritime crimes and curb illegal activities in the seas around the island.

Secretary to the Ministry of Defense Karunasena Hettiarachchi and the Secretary to the Ministry of Fisheries Mangalika Adhikarigama signed two agreements between the Defense Ministry and the Ministry of Fisheries at a ceremony held Tuesday evening in Battaramulla.

Under the agreement the Fisheries Ministry will seek the assistance of the Sri Lanka Navy (SLN) with the knowledge of the Defense Ministry in preventing human smuggling, drug smuggling and other illegal activities in the guise of fishing as well as fishing using illegal methods. The Navy and the Fisheries Ministry will work together to prevent such illegal activities occurring at sea.

In addition the Navy’s assistance will also be sought to educate the fishing community on identifying the maritime sea limits and to prevent fishermen from straying unaware into other territorial waters.

The other agreement was signed between the Commander of the Navy Vice Admiral Ravindra Wijegunaratne and the Chairman of the National Aquatic Research and Development Agency Dr. Anil Premaratne relating to National Hydrography and Nautical Charting in the country.

The agreement will pave the way for Naval Hydrographers to involve in national hydrographic operations and nautical charting activities, hand in hand with NARA.

As a result of the new collaboration the National Hydrographic Office will be jointly headed by the SLN and NARA and will lay a national strategy for hydrography and Nautical Charting in the future.

The new coalition expects to complete surveying of the national charting scheme concurrent with International (INT) scheme within next 2-3 years giving prominence to Electronic Navigation Charts (ENC) which will be produced for national and commercial use ensuring security of the navigation of the shipping community under the International Convention for the Safety of Life at Sea (SOLAS).

Minister of Fisheries and Aquatic Resources Development Mahinda Amaraweera, senior officials of the two ministries, senior naval officers and NARA officials were also present at the occasion.

Source : 24/06/2016 Daily FT :t: http://www.ft.lk/article/550615/Defense-and-Fisheries-ministries-sign-agreements-to-prevent-maritime-crimes#sthash.ntaQOYWJ.dpuf

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June 23, 2016by bslIn the news Latest Posts

Wildlife for sale Environmentalists call for tough action to curb the trade

In January this year, blood ivory weighing 1.5 tonnes was set on fire at Galle Face Green with President Maithripala Sirisena presiding over the occasion. It was to be a message to smugglers that trafficking would not be tolerated in Sri Lanka.

Environmentalists, however, claimed that illegal wildlife trade was still on the rise, with Sri Lanka fast becoming a hub for the illegal wildlife trade. They pointed to the lack of law enforcement and regulation as the root cause of the problem.

The observation was made at a panel discussion titled “Illegal Trade in Wildlife”, organised by the Base for Enthusiasts of Environmental Science and Zoology (BEEZ) in collaboration with the Institute of Environmental Professionals of Sri Lanka (IEPSL), through the Biodiversity Sri Lanka (Sri Lanka Business and Biodiversity Platform) at College House, University of Colombo.

According to a report on “Rise of Environmental Crime” by the United Nations Environment Programme (UNEP) and INTERPOL in 2016, the cost of the global environmental crime was estimated to be as high as $258 billion –26 percent higher than previous estimations. Environmental crime encompasses illegal wildlife trade, forest crimes, exploitation of minerals, illegal fisheries, trafficking of hazardous waste and carbon credit fraud.

Law enforcement agencies as well as environmentalists have brought up the need to include CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) into local legislation to combat the issue. They stated that it was high time Sri Lanka adopted the international treaty. Internal administrative issues, including the resignation of the Director General of Wildlife, have caused instability within the Sustainable Development and Wildlife Ministry. This has led to it delaying the drafting of CITES into domestic legislation.

Inside job

Customs former Deputy Director Samantha Gunasekara was quick to point out that without the support of certain government and private institutions, organised criminals could not engage in illegal wildlife trade in Sri Lanka.

“Wildlife criminals cannot function easily. Certain government as well as private institutions have connections with these illegal wildlife traders. The criminals target species with ornamental or medicinal value and colour,” he said.

He added that with Sri Lanka being one of the world’s top eight biodiversity hotspots, it has become an easy target for criminals to carry out their illegal activities.

The illegal wildlife trade, however, is not confined to animals, and expands to include plants. The customs former Deputy Director said smugglers concentrate on a few targeted species to make it easier for them to find the network they need to conduct the operation.

“Many endemic species are distributed in the south-western part of Sri Lanka where the human population is high. Several foreigners have contacts with locals and knowledgeable people who are well aware of where the animals are, that makes it easier for wildlife traders to collect the animals they want within a few hours,” Gunasekara said.

Hub for wildlife trade

Whilst the government aimed to make Sri Lanka the centre of many hubs given its strategic location, traffickers have used its busy international shipping routes to turn the island nation into an ideal hub for wildlife trafficking. It is also convenient as most of the container ships, particularly, from Africa and the Gulf region, to the East Asian regions, pass through the Port of Colombo.

“Illegal wildlife traders operating between Africa and the East Asian region use our country as a point for their operations,” Environmentalist Vidya Abayagunawardene said.

The importance of the smuggling route was proven to be true through detection and seizure of a container carrying 359 pieces of blood ivory weighing 1.5 tonnes, en-route to Dubai from Kenya in 2012 by Sri Lanka Customs. In 2014, there was another seizure of a consignment of 28 container loads of Madagascar Dalbergia timber (Rose Wood) worth $7million, which was being transported from Zanzibar to Hong Kong via Sri Lanka.

The illegal wildlife trade is the second largest illegal trade in the world, with United Nations Environment Programme (UNEP) figures estimating that it amounts to between US$91 billion and S$258 billion annually.

Gunasekara said the wildlife trade was not confined to Sri Lankan, but spilled over to many other countries. An instance of an animal or plant is killed or taken from the wild, despite the laws to protect them – the transaction becomes illegal wildlife trade.

“Even though many claim that the illegal trade is associated with endangered species; that is not true. The sale of timber from illegal logging and even the sale of fish caught in restricted areas or through illegal fishing methods, can be considered part of the illegal trade in wildlife,” Gunasekara said.

He said that illegal trade was on the rise given the increase in demand for wildlife based commodities, such as, bush meat, leather, fur and animal skins, carvings, jewellery and ornaments from ivory, rhino horn as well as substances, ornamental plants, medicine and even pets.

According to Gunasekara, there are many aspects to the illegal wildlife trade ranging from agricultural, economic and ornamental stuffs to pharmaceuticals and nutraceuticals. These are all relevant to the species in our country.

“Sri Lanka is a hotspot in terms of biodiversity, but this creates a great threat for the animals and plants in the country and makes it a target for illegal wildlife trade,” emphasised Abayagunawardene.

“For 3,000 years, we had the best pearls in the world. Our biggest competitor was the Arabian Sea. Now, they produce the best pearls because our pearl industry was exploited by foreigners and our own people,” Gunasekara said.

Out in the open

Environmental lawyer Jagath Gunawardene, however, explained that the illegal trade was on the risen due to lack of concern or interest to curb the illegal activities.

“How many people are aware of the severity of this issue?,” questioned Gunawardena. He pointed out several lapses in the law enforcement agencies in connection with the illegal wildlife trade.

“For an example, a place like Diyatha Uyana contains several imported aquatic plants. But if you look at the regulations under the Plant Protection Act, no aquatic plant can be imported to Sri Lanka under regulations made in 1981. Yet, some of these plants are imported and openly sold and are even becoming invasive species in the wild,” he said.

According to Gunawardena, there are three significant areas in which the country, for several decades, has been struggling with when it comes to curbing illegal wildlife trade; they are domestic trade, the illegal export of animals and plant resources and the illegal imports of animals, plants and their resources.

“The Wallapatta issue and the illegal domestic trade of killed leopards and the bush meat trade is rarely spoken of. No one is willing to speak about these issues,” he said when speaking about the domestic dimension.

He said that bird nests, seashells, coral and aquatic organisms were being exported illegally from Sri Lanka. This was a practice which was being largely ignored, he said.

Gunawardene went on to highlight that plants which are endemic to Sri Lanka were always under threat.

“Certain plants from Sri Lanka were illegally transported to make beauty products to send to foreign countries, but this was never brought into the lime light,” he said.

Legislation

As the struggle to curb smuggling continues, many environmentalists have expressed interest in Sri Lanka joining the global battle to save wildlife. They point to the disturbing trends in elephant poaching and ivory smuggling that require a sustained and collective international effort across the entire illegal supply chain to address both demand and supply. It is in this context that they ask that CITES be introduced into local legislation.

“Sri Lanka is currently making progress to introduce national legislation to implement CITES.

Compared to Africa, Sri Lanka does not contribute to the world illegal blood ivory. Nearly 75 percent of our elephants do not have tusks. But, Sri Lankan ports have become a transit hub for the illegal transportation of ivory,” Abayagunawardene said.

Minister Gamini Jayawickrema Perera has appointed a committee to draft a national legislation for CITES. Without such a national legislation, Sri Lankan ports are safe havens for international illegal wildlife smugglers, he said.

“Certain rules mentioned in CITES should be drafted in a way that suits our country. As there are many other issues that need to be addressed first, there is a delay in drafting it,” Minister Perera said.

Abayagunawardene said Sri Lanka has been a signatory to the Convention since 1979, but has failed in passing any national legislation on it. This has led to authorities facing major issues when tackling the illegal wild life trade.

Gunasekara, in the meantime, said if Sri Lanka does not include the convention into its domestic legislation, the country would be blacklisted. He revealed Sri Lanka is among 47 countries under the category three which have not adopted CITES into domestic legislation.

“CITES is not a commercial enterprise. Sri Lanka pays the member fee and attends the meeting every year and yet some environmentalists are not willing to include it to the legislation,” he said.

“The government is working hard to get back the EU’s Generalised Scheme of Preferences (GSP Plus) to Sri Lanka which was withdrawn in 2010. CITES is one of the conventions which comes under the GSP Plus. Introducing local regulations for CITES will benefit with the ongoing negotiation process,” Abayagunawardena said.

Stating that the Flora and Fauna Act alone was not sufficient to curb the situation, Abayagunawardene said Sri Lanka also needed to implement the laws which could remove Sri Lanka as the transit point in the supply of ivory to China and Vietnam.

“The authorities are not in a position to apprehend the illegal cargo. It is a global perspective that Sri Lanka is a hub for illegal transit. Sri Lanka needs to have a new Fauna and Flora Protection Act without delay since the present one is outdated. The act was last amended in April 2009,” Abayagunawardene said.

Environment lawyer Gunawardena, however, was of the opinion that Sri Lanka needed to pay more attention to the implementation of the law than legislate new ones.

“Sri Lanka has a strong domestic legislation pertaining to flora and fauna. The problem is in implementing them. If measures are taken to implement the legislation, the rising situation can be curbed,” he said.

(Source : Daily News : 23-06-2016 http://www.dailynews.lk/?q=2016/06/23/features/85422)

June 21, 2016by bslIn the news Latest Posts

Linking Human Rights and the Environment

Today society’s interaction with nature is so extensive that environmental issues have assumed proportions affecting all humanity. With the industrial and technological development mankind have not only improved economic conditions but also altered the natural ecological balance. Industrialization, urbanization and poverty among others have resulted in the erosion of biodiversity and thus affected natural environment adversely.

Today the State is no longer a mere umpire and an indifferent spectator. It has become the positive State. A State acts by its legislature, its executive and its judiciary. Under Chapter VI of the 1978 Constitution of Sri Lanka, it is under duty to bring about a welfare state in Sri Lanka. As the welfare State of modern times moves into its stride, there is scarcely any aspect of activity law does not take within its province. The international legal regime in the global sense, and national legal regime in the national context are therefore essential for achieving environmental justice.

International concern for environmental protection

International concern for environmental protection is of comparatively recent origin. The United Nations Conference on Human Environment and Development Stockholm 1972 (The Stockholm Declaration (1972)) is considered to be the major event bearing on environmental protection together with the concept of sustainable development. The Declaration besides the preamble consists of seven universal truths and 26 principles.

The concern for environmental protection and sustainable development receives further boost in the “World Conservation Strategy” which was prepared in 1980 by the World Conservation Union with the advice and support of the United Nations Environment Programme. It was endorsed by the governments of the various nations at the General Assembly in 1980. The next milestone in the evolution of international environment law is the World Charter for nature which was adopted in 1982. It endorses the right of every form of life, “warranting respect regardless of its worth to man”. The World Charter also endorses environmental procedural rights and recognizes a fundamental right to a healthy environment.

The term “sustainable development” was brought into common use by the World Commission on Environment and Development (“the Brundtland Commission”) in its seminal 1987 report on “Our Common Future” (The Brundtland Commission (1987)). The World Commission on Environment and Development was set up by the General Assembly of the United Nations in 1983. The United Nations Conference on Environment and Development popularly known as the Earth Summit was held in June 1992 at Rio de Janeiro. (Earth Summit (1992)) The Documents of the Earth Summit included the following: The Rio Declaration, Agenda 21, Forest Principles and two legally binding Conventions on Climate Change and Bio Diversity. In 1997 delegates from a large number of nations attending the World Climate Conference in Kyoto in Japan reached a historic accord calling for mandatory cuts in emission of green-house gases by industrial nations in the 21st century to help to save the planet from potentially devastating global warming, here The Paris Declaration of climatic change of 2016 is also referred to.

Link between the environment and human rights

The realization that environmental problems have serious consequences for human health and well-being and could even threaten the very existence of human life on earth, had led to the dialogue on a right to a healthy environment. While the highest human right accorded to a human being is the right to life, that right could become meaningless if the environment in which he is living is degraded. The right to life does not mean the right to any kind of life.

An important development in the present context, although not necessarily recent, is the convergence of the environmental movement with the human rights movement at the national level, particularly in developing countries.

Many environmental problems give rise to human rights violations, like the right to health, livelihood, and in extreme cases, the right to life itself.

Thus, right to life and right to health are frequently invoked in relation to environmental issues. This does not mean that all environmental problems lead to human rights abuse or that every human rights abuse is caused by environmental problems or that economic development necessarily leads to environmental degradation or human rights abuse; what it does mean is that environmental problems can give rise to human rights abuse; economic development can, give rise to environmental problems.

Thus, human rights, environmental protection and economic development are inextricably inter-linked so that, very often, they have to be discussed together.

Unlike human rights issues which are often individual in nature (except, of course, issues like genocide, apartheid and slavery), environmental violations often involve groups and communities and sometimes even future generations. It also involves the right of other species to survive – called the “eco-centric approach”. Given this inter-relationship, it is not surprising that it has also received the attention of the World Court. Justice Weeramantry, the then Vice President of the Court, not only recognized the link between environmental protection and human rights, but also placed environmental protection within human rights doctrine: in his separate opinion in the Case Concerning the Gabcikovo Nagymaros Project, Justice Weeramantry noted: (Hungary v. Slowakia (1997))

“The Protection of the environment is likewise a vital part of contemporary human rights doctrine, for it is a sine qua non for numerous human rights such as the right to health and the right to life itself. It is scarcely necessary to elaborate on this, as damage to the environment can impair and undermine all the human rights spoken of in the Universal Declaration and other human rights instruments.”

The Stockholm Declaration adopted in 1972 recognizes the link between environmental protection and human rights in several of its provisions.

This is a clear recognition of the fact that, in order to enjoy human rights, the natural and man made environment is essential.

The Hague Declaration on the Environment adopted in 1989 also recognizes the link between human rights and the environment and explicitly endorses the right to live in dignity in a viable environment. Its preamble provides that: The right to live is the right from which all other rights stem. Guaranteeing this right is the paramount duty of those in charge of all States throughout the world.

Application of human rights for environmental issues

Several recognized procedural rights are increasingly applied in relation to environmental issues and are generally considered as forming part of environmental rights. These rights are found in international human rights law and reflected for most part in national constitutions.

These rights include: the freedom of information, right to participate in the decision-making process which is transparent and participatory and which holds the government entity in question accountable for its action. In other words, they promote the principles of transparency and accountability, essential for democratic governance. Applied in relation to environmental issues these mean the right to have access to information affecting one’s environment, the right to participate in decisions affecting one’s environment, the right to participate in decisions affecting the environment and the right to seek redress in the event one’s environment is impaired. Several international instruments, both binding and non-binding, endorse environmental procedural rights. The Rio Declaration contains several provisions on these rights.

The Declaration contains a provision on environmental impact assessment (Principle 17) for activities that are likely to have a significant adverse impact on the environment. The EIA process is important as it provides access to information, and is transparent and participatory in nature. Thus, the right to receive information relating to the environment, the right to participate in the decision-making process and the right to seek redress for the vindication of environmental rights are recognized rights under international environmental law. These rights, particularly, the right to information and the right to participate promote principles of transparency and accountability which are essential in a democratic society.

The Sri Lankan Supreme Court pronounced in a recent case, public participation and transparency are essential if sustainable development is to be achieved. (Gunaratne v. Homagama Pradeshiya Sabha and Five Others (1998)). In other words, sustainable development cannot be achieved where secrecy and anarchy reign and where the fundamental rights of people are not respected.

Substantive rights

Several existing substantive human rights have been used in relation to environmental issues, notably, the right to life, right to health and the right to an adequate standard of health in the absence of a specific environmental right or right to a healthy environment. The drawback of this approach is that the victim has to prove that the environmental issue in question has violated one of his human rights. If this link cannot be established, then the action would fail: Thus, for example, a victim of pollution caused by an industrial establishment has to prove that, as a result of suffering pollution damage, his health has been impaired or his standard of living has been affected. It may not be easy to establish this link in every case.

On the other hand, the recognition of a distinct right to a healthy environment would allow a victim to establish that the pollution level in his neighbourhood has increased as a result of the industrial establishment and exceeds the permissible level for that particular pollutant/s (assuming, of course, that such levels have been laid down). In such a situation, it is not necessary to establish individual injury which may be long term anyway, as the victim would be in a position to establish that the environment he is living in has been polluted by the activity of the industry in question. He only needs to establish that because of the emission of a pollutant above a certain threshold, the environment is no longer healthy for him to live in.

In order to proceed on this basis, however, thresholds and standards for the emission of pollutants have to be laid down. This approach thus circumvents one major problem inherent in the litigation process, namely establishing injury to oneself and establishing causation. The other advantage of this approach is that timely action can be taken to remedy the environmental problem without having to wait until significant injury to people has manifested itself. In some instances, establishing injury is not a problem, but by then, the environmental problem has persisted for so long that remedial action has become either impossible or too expensive.

While many States do not embody a specific right to a healthy environment, they do have mechanisms in place in relation to human rights violations. These mechanisms have been used by environmentalists and victims of environmental injustices to vindicate their rights. Though not without its own problems, these human rights mechanisms have played an invaluable role in protecting environmental rights.

Sri Lanka

The 1978 Constitution of Sri Lanka does not guarantee the right to life. It also does not specifically endorse the right to a clean environment. Although the fundamental rights Chapter III of our Constitution is silent on these matters, the directive principles of state policy and fundamental duties in Chapter VI of the 1978 Constitution specifically refer to the protection of the environment and provides in Article 27(14) that :”The State shall protect, preserve and improve the environment for the benefit of the community”. These directive principles “shall guide the Parliament, the President and the Cabinet of Ministers in the enactment of laws and the government of Sri Lanka for the establishment of a just and free society”.

According to Article 28(f) of the 1978 Constitution among the fundamental duties of every person in Sri Lanka is the duty “to protect nature and conserve its reaches”. Article 29 of the 1978 Constitution, however, mandates that the constitutional provisions in the Chapter VI on directive principles of state policy and fundamental duties do not confer legal rights or obligations on or upon the state and are thus not enforceable in any court or tribunals. The most significant judgment in the area of environmental protection and sustainable development was delivered by our Supreme Court Bulankulama and others v. the Secretary of Industrial Development and Others (2000) which is commonly referred to as the Eppawala judgment the discussion of which is essential in this context. Seven petitioners, six of them being farmers and a monk from a temple in the vicinity of the Eppawala Phosphate deposits claimed that the proposed agreement between the government of Sri Lanka and Freeport MackMoran Resources Partners of USA, a multinational mining company to whom the right to exclusively mine the phosphate deposits was to be given, would result in the violation of those fundamental rights to equality (Article 12), the right to engage in an occupation of one’s choice (Article 14(1)(g)) and freedom to movement and choosing one’s residence within in Sri Lanka (Article 14(1)(h)) of the 1978 Constitution.

Justice Amarasinghe, on behalf of the Supreme Court, in a lengthy judgment took the parameters of the discourse of constitutional protection of rights to new heights. His lordship held that the proposed agreement indeed violate the rights of the petitioners under Article 12(1), 14(1)(g) and 14(1)(h) of the 1978 Constitution.

The argument raised by the petitioners that the State is under an obligation to utilize national resources in a sustainable manner was discussed in length in the judgment. The Supreme Court referred to both the Stockholm (1972) and the Rio (1992) Declarations on Environmental Protection and highlighted the principles relating to sustainable development, according to which the proposed agreement must be reviewed.

The Court noted that human beings are at the centre of the concept of sustainable development and that they are entitled to a healthy and productive life in harmony with nature. The Court stated that in order to achieve sustainable development environmental protection shall constitute an integral part of the development process. The Supreme Court also emphasized that Sri Lanka as a member of United Nations could “hardly ignore” environmental requirements in the Stockholm and the Rio Declarations.

Undoubtedly, environmental rights are not self executing and they need positive State intervention for their fulfillment. This charactertic of the right to environment may cause some difficulties in its full realization and enforcement as there is no identified, specific formula to carry out this process. A holistic approach to the subject through an innovative method based on the legal system would ease such difficulties in the process of executing environmental rights.

A human rights approach to environmental protection is not proposed to the exclusion of other approaches or species with and ecology. Rather, it is proposed as a tool to implement other approaches and mechanisms on environmental protection. It is strongly recommend that human right to healthy environment be incorporated into Fundamental Rights Chapter of the Constitution to be proposed.

June 15, 2016by bslIn the news Latest Posts

Sri Lanka Telecom-Save for tomorrow awareness programme

The recent awareness programme on nature conservation held in May 2016 by Sri Lanka Telecom (SLT) proved to be a unique and exciting experience altogether for the participants who were taken on a tour to the world heritage site, the Sinharaja Forest Reserve.

It all began in March 2016 when the company organized a social media competition #LastClick to urge and encourage people to protect the threatened plant species in Sri Lanka. The winners of this competition received an all-inclusive nature tour to the Sinharaja Forest Reserve.

The #LastClick social media campaign was conducted during the period 1st to 31st March 2016. During the campaign period, the company posted photographs of threatened plant species, with the caption “Don’t let this be my #LastClick” as well as other captions similar to that effect, conveying the sense of urgency with which the entire nation needed to act if we are to protect these endangered plant species in the country and prevent their extinction before it’s too late. The company stressed that the responsibility for protecting these trees fell on the shoulders of each and every citizen. This involves: being knowledgeable and educating ourselves on the different endangered plant species, making sure that we take steps to plant as many of these species as possible in our own gardens as well as taking steps to conserve the trees that are already there.

Through the campaign, people were encouraged to plant saplings of these endangered plants in their homes and take photographs and share them on SLT’s special “Preserving heritage for tomorrow” Facebook page as well as on Twitter. Alternatively, people could also photograph endangered trees / plants that have already been planted and share these photos on the designated page together with the name, description and location where the plant/tree was found. The company received a massive response and out of these, the winners were selected and awarded a unique and adventures journey as promised.

The Sinharaja Forest Reserve proved to be the ideal location for the nature tour as it has been recognized as a biodiversity hotspot in Sri Lanka, and also been designated as a biosphere reserve and World Heritage Site by UNESCO. Prof. Sarath Kotagama who is the former Head of the Department of Zoology, University of Colombo and who has also rendered an extraordinary service to Sri Lanka as an ornithologist and environmentalist was the resource person for the tour. He conducted the 2 day workshop at Sinharaja for these individuals that also included trekking through the forest to identify the different flora and fauna. Thus, it was a richly educational tour and also a unique and exciting experience for all the participants, according to the positive comments received from them after the tour.

SLT’s vision behind this social media campaign and tour was to raise awareness amongst the public, especially the younger generations and draw their attention to endangered plants and the importance of “preserving heritage for tomorrow”. “Preserving heritage for tomorrow” has been an on-going corporate social responsibility (CSR) initiative undertaken by SLT for many years, under which the company encourages the public to preserve the rich heritage of the country – be it in terms of environment and bio diversity, culture or arts – for the benefit of the younger generations.

(Source : 15/06/2016 Daily News http://epaper.dailynews.lk/art.asp?id=2016/06/15/Pg32_0&pt=p&h=)

June 15, 2016by bslIn the news Latest Posts

Sri Lanka joins global fight against illegal wildlife trade

Former Deputy Director of Customs Samantha Gunasekara recently stated that the illegal trade in wildlife is the second largest illegal trade in the world, with United Nations Environment Programme (UNEP) figures estimating that it amounts to between S$91 billion and S$258 billion annually.

He made this statement at the ‘Illegal Trade in Wildlife’ panel discussion organised by the Base for Enthusiasts of Environmental Sciences and Zoology (BEEZ) of the Faculty of Science of the University of Colombo, Biodiversity Sri Lanka and the Institute of Environmental Professionals ( IEPSL) to mark World Environment Day (WED) 2016.

This year’s global theme for WED was ‘Go Wild for Life; Zero Tolerance for the Illegal Wildlife Trade’, where cross border trade that is currently threatening the world’s plants and animals, including our own, was brought under the microscope.

Gunasekara elaborated that this form of trafficking is defined as the sale or exchange of wild animals and plant resources – including their parts, products, derivatives, extracts and secretions – by people.

When an animal is killed or taken from the wild, despite the laws that are there to protect them, they become part of the illegal trade that has become widespread among many countries in the globe. Most often the illegal trade is associated only with endangered species but in reality this is not the truth. The sale of timber sourced from illegal logging and even the sale of fish caught in restricted areas or through illegal fishing methods can be considered part of the illegal trade in wildlife.

Today the illegal wildlife trade is thriving as a result because of a rise in demand for wildlife-based commodities such as bush meat, leather, fur and animal skins, carvings, jewellery and ornaments from ivory, rhino horn as well as substances, ornamental plants, medicine and even pets.

Illegal wildlife trade has many aspects to it, ranging from agricultural, economical and ornamental to pharmaceutical and nutraceutical and these are all relevant to the species in our country, according to Gunasekara.

Gunasekara further stated that Sri Lanka was a hotspot in terms of biodiversity as it has a high degree of endemism, but this creates a greater threat for the animals and plants in the country and makes it a target for the illegal wildlife trade.

He went on to highlight the consequences of exploiting the country’s wildlife.

“For 3,000 years we had the best pearls in the world and our biggest competitor was the Arabian Sea. Now they produce the best pearls in the world because our pearl industry was exploited by foreigners and our own people,” he opined.

The strategic location of the country also plays a huge role and as Sri Lanka is situated in the middle of the Indian Ocean and is a transit point in one of the busiest shipping routes, it is a part of the mounting illegal wildlife trade between Africa and East Asia.

The detection and capture of a container with 359 pieces of Blood Ivory weighing 1.5 tons on the way to Dubai form Kenya by the Sri Lanka Customs in 2012 is proof of this. In 2014, a convoy of 28 containers carrying a load of Rosewood timber worth $ 7 million, which was being transported from Zanzibar to Hong Kong via Sri Lanka, was also seized.

Pix by Lasantha Kumara

Environmental lawyer says severity of illegal wildlife trade being ignored

Presenting several instances of the illegal trade in wildlife that have taken place over the recent past, environmental lawyer Jagath Gunawardena questioned the extent to which people have grasped the severity of this issue.

“The illegal trade in wildlife is a problem we have been facing across three different dimensions for the last few decades, namely the domestic trade, the illegal export of animals and plant resources and the illegal imports of animals, plants and their resources,” said Gunawardena.

He went on to say that Sri Lanka needs to pay a lot more attention to these illegal imports because at the moment people are more concerned with the illegal wildlife trade going on internationally, between other countries, whereas the real problem is ignored.

“For example, a place like Diyatha Uyana contains several imported aquatic plants. But if you look at the regulations under the Plant Protection Act, no aquatic plant can be imported to Sri Lanka under regulations made in 1981. Yet some of these plants are imported and openly sold and are even becoming invasive species in the wild,” revealed Gunawardena.

He also examined the domestic dimension of the illegal trade.

“For example the Walla Patta issue is rarely spoken about even though it is a huge problem, and we have several other species almost driven to the point of extinction due to the unauthorised collection of specimens,” emphasised Gunawardena.

“We also talk about the killing of leopards and the bush meat trade when it comes to the illegal domestic trade in wildlife but what about illegal specimen collection of new species? This is never mentioned in any discussion,” he added.

Gunawardena went on to speak about the illegal export of Sri Lankan wildlife resources.

He stated that seashells, bird nests, coral and aquatic organisms were being exported illegally from Sri Lanka and this was a practice which was being largely ignored.

He elaborated that plants which are endemic to Sri Lanka are always under threat.

“Quite recently there was a case where a plant from Sri Lanka was illegally collected to make beauty products in foreign countries but this was never spoken about,” he added.

“These things are never mentioned and the way I see it there is something radically wrong with this whole approach,” stated Gunawardena.

Source :13/6/2016 Daily FT : http://www.ft.lk/article/547756/Sri-Lanka-joins-global-fight-against-illegal-wildlife-trade#sthash.N9qmdf3f.bn0SXh1L.dpuf

June 13, 2016by bslIn the news Latest Posts

Sri Lanka govt, private outfits linked to illegal wild life trade

Organised criminals doing a thriving illegal wildlife trade in Sri Lanka are operating with the connivance of certain government and private sector institutions, a former senior Customs officer has charged.

Sri Lanka has become a transit point for the illegal trade in wildlife given its location on the main East-West trade route and good shipping connections, said Samantha Gunasekera, former Deputy Director of Customs.

The island is also one of the world’s top eight bio-diversity hotspots with criminals targeting many species because of their ornamental or medicinal value or colour, he told a forum on how to tackle the illegal trade in wildlife organised by Sri Lanka biodiversity enthusiasts.

“In Sri Lanka, certain government and private institutions are having connections with organised crime – wildlife criminals,” said Gunasekera, who was in charge of the Customs Biodiversity, Cultural & National Heritage Protection Division.

Many targeted plant species are well documented, especially medicinal plants, given their commercial value, he told the forum conducted jointly by the Biodiversity Sri Lanka, the Environmental Professionals of Sri Lanka and the Base for Enthusiasts of Environmental Science and Zoology, a student body at the University of Colombo.

The concentrated distribution of targeted species also made it easier for criminals, Gunasekera said.

Many endemic species are distributed in the south western part of Sri Lanka in small forest patches where the human population is high.

“That makes it easy to collect, especially by foreigners, who have contacts with locals, knowledgeable people who know where it is so they can collect within a few hours.”

The latest move by the local environmentalists comes as it was found that Sri Lanka is being used by the illegal wildlife traders operating between Africa and the East Asia region, as a point of their operations, the forum organisers said.

“Sri Lanka is strategically located in one of the busiest international shipping routes in the Indian Ocean and most of the container ships, particularly between Africa and the Gulf region, to the East Asian region, pass through the Colombo Port,” they said in a note.

“A growing illegal wildlife trade between Africa and the East Asian region takes place on this shipping lane.”

This is proven through detection and seizure in 2012 by the Sri Lanka Customs, of a blood ivory container with 359 pieces on board weighing 1.5 tonnes, en-route to Dubai from Kenya.

Another seizer of a massive consignment of 28 container loads of Madagascar Dalbergia timber (Rose Wood) worth US$ 7million, which was being transported from Zanzibar to Hong Kong via Sri Lanka in 2014 has also been recorded.
( Source : 13/06/2016 Economy Next http://www.economynext.com/Sri_Lanka_govt,_private_outfits_linked_to_illegal_wild_life_trade-3-5236-13.html )

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June 13, 2016by bslIn the news Latest Posts

Mass bleaching of Sri Lanka coral reefs

Higher than normal ocean temperatures off Sri Lanka’s coast is threatening to damage the best coral reefs in the island, according to surveys done by marine scientists of the National Aquatic Resources Research and Development Agency (NARA).

“Underwater surveys shows widespread bleaching or whitening along the reefs, especially in shallow depths (of less than 10 meters) in the south and south west coast and also reported in Jaffna and Bar Reef in Kalpitiya,” a statement said.

NARA scientists diving on the reefs said huge areas of previously pristine reefs they have seen in Unawatuna, Weligama, Mirissa and Polhena are being turned into barren white.

All signs point to a repeat of a similar bleaching event in 1997/1998 which saw over 50 per cent of some reefs in Sri Lanka being destroyed, NARA said.

“Coral bleaching events have been increasing in both frequency and extent worldwide in the resent past years. Global climate change may play a role in the increase in coral bleaching events.”

NARA said the intolerable heat experienced over the past months is being blamed for the coral bleaching, which experts fear could be worse than in 1997/1998.

According to Mark Eakin, co-ordinator of the National Oceanic and Atmospheric Administration’s Coral Reef Watch, the bleaching is very strong throughout south east Asia and the central Indian Ocean.

“Increased ocean temperatures due to climate change, combined with the warming effects of an El Niño pattern are driving temperatures to record levels and threatening to severely deplete the coral reef ecosystems that support fish habitats, shoreline protection and coastal economies mainly through fisheries and tourism,” he said.

Many of the reefs affected by the 1998 El Niño have made at least partial recoveries, NARA said.

“However, even when reefs do recover, old growth corals that may have taken centuries to mature are often replaced with faster growing species that quickly colonize large areas, homogenizing the ecosystem.”

Bleaching of coral reef may result in changes in diversity, with more sensitive coral species gradually being replaced by more tolerant ones, reducing the biodiversity of the coral reef.

(Source :13/06/2016 : Economy Next http://www.economynext.com/Mass_bleaching_of_Sri_Lanka_coral_reefs-3-5226-13.html)

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June 9, 2016by bslIn the news Latest Posts

LAUGFS Leisure drives cleaner coastal environment in Passikudah

LAUGFS Leisure recently organized a beach cleanup project in the Passikudah area in an effort to create awareness towards a cleaner and safer environment.

The staff of Anantaya Passikudah, the latest addition to the Anantaya luxury resort chain, teamed up and volunteered to clean the beach front in commemoration of the World Environment Day.

Speaking about this initiative LAUGFS Leisure – Director and CEO, Roshan R. Perera, remarked, “our resorts are truly committed to minimizing our environmental footprint and we continuously work towards promoting responsible and sustainable practices and preserving our natural surroundings. Anantaya Resort in Passikudah also shares these values and embraces this same spirit, which is why we have initiated this project even before the launch of the hotel”.

The increase in population, industrial activities and rapid urbanization have all had significant negative impacts on the environment, adversely affecting the rich bio-diversity of the country. The coastal areas of Sri Lanka, in particular, are affected by coastal water pollution, and preserving the rich marine environment have become areas of critical concern.

In a bid to promote responsible tourism, Anantaya resort chain has continuously focused on integrating sustainable practices throughout its operations and have initiated numerous best practices and awareness projects in its localities. Anantaya Resort in Chilaw is renowned for its ‘Eco Luxury’ concept and has been built with many energy saving and conservation measures incorporated into its design. From the use of renewable energy through its own solar and wind power generation to recycling of treated sewerage water for irrigation, the resort has taken many measures to co-exist in harmony with its natural environment.

It will also be one of the first hotels to initiate Eco-tours in Sri Lanka, whereby deploying eco-friendly hybrid and electric vehicles for excursions, as well as airport drops and pickups of its guests.

The Anantaya Resort in Passikudah, is similarly built on a theme of eco-luxury with an environmentally-friendly design and energy efficient practices inbuilt to its operations.

The soon to be launched Resort occupies an area of 15 acres which was heavily polluted and bare for a long period of time.

(Source:09/06/2016 Daily News http://www.dailynews.lk/?q=2016/06/09/business/84047)

June 9, 2016by bslIn the news Latest Posts

ODEL launches LUV Sigiriya campaign to protect historic site

ODEL clean up team hauls down 40 sacks of rubbish from Lion Rock on World Environment Day

Callous visitors defile the historic Sigiriya rock with 40 sack loads of rubbish each day, an alarming fact brought vividly alive by employees of ODEL who undertook to clean up the site to mark World Environment Day this year.

Joined by more than 100 volunteers including 16 children from a nearby school, a 61-strong team from ODEL scoured the precincts of the fifth century rock fortress, collecting plastic bottles, polythene bags, lunch wraps and similar detritus abandoned at this UNESCO World Heritage Site.

Recognising the need to go beyond picking up litter to create greater awareness of the need to protect this iconic historical and archaeological landmark, ODEL’s ‘LUV SL’ brand has also launched a special collection of themed clothing and accessories with messaging on the preservation of the glory of Sigiriya.

As the ODEL team was busy hauling down 40 sacks of garbage from the 660 foot rock on 5th June 2016 – World Environment Day – visitors to ODEL’s flagship store at Alexandra Place were greeted by an eye-catching display in the store’s Atrium Lobby depicting the litter usually found at the site.

The LUV Sigiriya collection created in support of the cause comprises of T shirts, bio-degradable bags, badges and other accessories with slogans against the pollution of the location, which attracts an average of 2,500 visitors a day.

“Sigiriya is an icon of Sri Lankan history that must be carefully preserved for future generations,” a spokesperson for ODEL said. “The extent of pollution by visitors is shocking, and we felt that ODEL and the LUV SL brand could play a role in drawing public attention to the problem and promoting greater civic consciousness.”

Pictured here are some of the members of the ODEL team in action at Sigiriya on World Environment Day 2016, and the display at the Atrium Lobby of ODEL Alexandra Place.

(Source : 09/06/2016 Biz Adaderana http://bizenglish.adaderana.lk/odel-launches-luv-sigiriya-campaign-to-protect-historic-site/)

Environmental lawyer says severity of illegal wildlife trade being ignored

Biodiversity Sri Lanka

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