SC guarantees protection for Other State Forests

Friday, 13 September 2024 00:22 - - {{hitsCtrl.values.hits}}

In a landmark victory for environmental protection, the vital safeguards for Other State Forests have been reinstated, ensuring their conservation and sustainable management.

The issuance of a new cabinet decision effectively resolved the legal challenge brought by the Environmental Foundation (Guarantee) Ltd., securing long-term protection for these crucial forest areas.

The EFL together with Rukshan Jayawardene who is an environmentalist and a former Director of EFL filed a Fundamental Rights Application bearing No: SC/FR/01/21 on behalf of the citizens of Sri Lanka in the Supreme Court of Sri Lanka.

The application sought to quash the Cabinet decision dated 12/10/2020 and Circular No. MWFC/1/2020 dated 04/11/2020 which handed over Other State Forests to the District and Divisional Secretaries.

The controversial Circular No. MWFC/1/2020 had revoked the Circular No. 05/2001 (amended by Circular No. 02/2006), which had previously vested the management, development and protection of all the Other State Forests with the Department of Forests. According to the mechanism provided in the Circular No. 05/2001, Other State Forests can be released for development purposes only upon such proposal being examined by the Inter-Ministerial Committee and after carrying out an Environment Assessment in terms of the National Environmental Act.

In contrast, the Circular No. MWFC/1/2020 empowers the District and Divisional Secretaries to alienate Other State Forests by simply following the general procedure on alienating state lands and does not provide for an effective and adequate mechanism to review the environmental impacts. Such alienations of lands decrease the forest cover and cause irreparable damage to the environment and biodiversity of Sri Lanka and thus it violates the National Forest Policy and the laws of the country.

EFL’s legal action highlighted the need for stronger safeguards for these forests, which, though not formally protected, play a crucial role in the country’s ecosystem.

The proceedings of the case were terminated on 04.09.2024 since the reliefs sought by EFL were granted by way of Cabinet memorandum No. MWRFC/2023/06 and Cabinet decision dated 05.07.2023. It reinstated the Circular No. 05/2001 and 02/2006 and terminated the impugned circular No. MWFC/1/2020. Additionally, the State Counsel was directed to notify the relevant authorities of these changes.

EFL extends its deepest appreciation to President’s Counsel Saliya Peiris and Charith Galhena for their representation, which was instrumental in achieving this outcome and preserving our pristine environment.