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Activists to appeal jumbo verdict

11 Sep 2021

  • Law does not allow ‘ownership’ of wild animals: Dr. Gunawardana
  • Activists voice concerns about new gazette
  • State Minister at odds with gazette details
By Yumiko Perera The Centre for Environmental Justice (CEJ), through a Letter of Demand earlier this week, urged the Attorney General (AG) to take necessary action to rectify the ruling by the Colombo Chief Magistrate’s Court that allowed 14 elephants that were taken into protective custody to be returned to their previous owners, The Sunday Morning learnt. The elephants were in the care of the Department of National Zoological Gardens, which alleged that they were illegally captured. Activists raised concerns over a new gazette which underlines fresh provisions regarding the protection and wellbeing of tamed elephants, including regulations on their adoption and registration. The activists and conservationists argue that it would lead to the further exploitation of the animals under the guise of protecting them, as they would fall back into the hands of their previous owners. Meanwhile, State Minister of Wildlife Protection Wimalaweera Dissanayake told The Sunday Morning that the gazette contained several provisions on employing elephants for strenuous activities, which even he did not agree with. “Officials have been advised to proceed as per the court orders for the time being. However, the gazette would be taken up at Parliament,” the State Minister added. Environmental lawyer Jagath Gunawardana, citing the Fauna and Flora Protection Ordinance, explained that Sri Lanka does not allow the “ownership” of wild animals and what is allowed is only a custodianship under a license issued by the Department of Wildlife. He stated that there are several shortcomings in the gazette, and although the gazette notification was issued only recently, it was being applied to cases filed earlier. Speaking with The Sunday Morning, Gunawardana said: “As per the new provisions, during the registration process, there is no requirement to declare how the elephant came under one’s ownership. The lack of authentication here leaves plenty of leeway for further exploitation of the animal.” Meanwhile, former Dehiwala National Zoo Director General (DG) Ishini Wickremesinghe too voiced her disappointment over the release of the 14 elephants. Wickremesinghe had tendered her resignation from her post as DG on Thursday (9), citing personal reasons as her reason for resignation. This took place soon after a court order was given for the release of 14 elephants back to the original owners who had pending court cases filed against them.

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