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Elephants in captivity – Govt. to pass new laws

17 Sep 2018

By Maheesha Mudugamuwa Elephants held at temples and zoos allegedly suffer due to inadequate space and inappropriate care. Animal rights activists consistently argue that the public exhibition of elephants – such as in zoos and temples for religious purposes, especially in peraheras – do not provide enough space for the animals to move around. They say elephants are creatures that need hundreds of acres to roam, a herd with which to socialise, and freedom in their days’ activities. However, as we are all aware, when they are domesticated, elephants are often neglected and mistreated as the owners fail to provide adequate care and space as required. A recent incident was reported in the Vishnu Devale in Devinuwara, where the elephant named ‘Kalana’ suffered from neglect over an extended period of time. In the meantime, petitions are being signed demanding the release of another elephant named ‘Bandula’ from the Dehiwala Zoo. Elephants are wild Wildlife and Nature Protection Society (WNPS) Vice President Ranil Pieris said that there are around 90 elephants held in captivity in Sri Lanka at present, and about 60 elephants illegally so. Stressing that he was completely against the domestication of wild elephants, Pieris said that people describe elephants in captivity as being domesticated – but this term is misleading as elephants weren’t and will never be domesticated like cats or dogs. He stressed that only those born in captivity, if at all, could be labelled as being domesticated, but scientifically, in order to become a domesticated elephant, the animal should go through ‘domestication’, which is a socio-biological process in itself, that needs to be implemented over the course of many generations of human-guided breeding. “It’s not possible for an individual wild animal to become domesticated during their lifetime,” Pieris said. “However, what we consider as domesticated right now, are the elephants registered with the Department of Wildlife Conservation (DWC) – which mainly consist of elephants born in the Pinnawala Elephant Orphanage that were offered, or the ownership of which were transferred, to other establishments,” he said. Pieris elaborated that there should be a mechanism to monitor the domesticated elephants. Why does this matter? Officially, at least 250 elephants die every year, most fall victim to the human-elephant conflict (HEC). Many more may die deep in the jungles – a number that remains unknown. A census held a few years ago, that raised many concerns, contrived a figure of approximately 6,000 elephants in Sri Lanka. Many experts say the future of elephants in Sri Lanka looks miserable, with the destruction of their natural habitat all over the country – from the mass clearances at Hambantota along with the non-declaration of the elephant reserves at Mattala affecting at least 400 elephants, to the proposed clearance of thousands of acres of forest at Maduru Oya, to the starving and displacement of elephants in Udawalawe and Yala. Claiming that the illegal capture of wild elephants is under control at present, Environmental Conservation Trust (ECT) Director Sajeewa Chamikara said legal action has been taken against those holding the elephants illegally, except in the case of the Gangaramaya Temple in Colombo, which holds three, and former President Mahinda Rajapaksa in Tangalle, where two are being held. Captive animals are either kept in private homes, government-run orphanages, or owned by masters known as ‘mahouts’ who rent them out for practices such as the highly controversial tourist rides. “Tame elephants are kept in chains of varying lengths, but no matter how long the chain that shackles an elephant may be, it does not afford it the freedom that it needs,” Chamikara said. “An elephant that lives in the wild walks around 15 kilometres a day.” “The illegal capture of wild elephants was a huge issue over five years ago, but now the situation is under control, and only a few incidents were reported recently,” Chamikara said, adding that a series of confiscations and arrests were made in 2016 – including that of a Buddhist monk. “Now, the major issue is the lack of a proper monitoring mechanism to monitor already domesticated elephants in the country. These elephants are held legally through proper registration processes but we lack a sufficient mechanism to monitor them, and as a result those elephants suffer a lot,” he added. New laws coming soon Claiming that there was a delay in the process of formulating the relevant law and regulations to monitor domesticated elephants, the ECT Director urged the department to gazette the regulations immediately. “Wild elephants are governed by the Flora and Fauna Protection Ordinance (FFPO), but laws for domesticated elephants are important at present,” he said. He further stated that the domestication of wild elephants should stop, and the concept of zoological gardens should be eradicated as all animals need to be free. He added that elephants require brutal training to accept human contact and even then, they retain their natural instincts, which were meant for the wild, and that is why they should be given proper freedom to roam around. “When elephants are chained up, and thus confined to small spaces restricting their movement, their feet get infected and they suffer,” Chamikara said. The Director General of DWC Chandana Sooriyabandara told The Sunday Morning that the formulation of legal requirements to monitor and regulate the domesticated elephants is at its final phase, and unless the Cabinet requests for changes, the regulations will be gazetted soon. “The Act on domesticated elephants is a very complicated one, but the officials were able to finalise the draft with the support and the guidance of the Attorney General’s Department,” he added. Denying the allegations made by the animal rights activists that legal action against holders of three elephants were not taken, Sooriyabandara said legal action was taken against all, and that the matter was with the Criminal Investigations Department (CID), with many cases currently at courts. “The department was acting under court orders, and CID is investigating the cases at present,” he said. The DG refused to give any further comments on the matter. Meanwhile, the Minister of Sustainable Development, Wildlife and Regional Development Sarath Fonseka told the media that a total of 39 cases, where elephants were illegally removed and given to various influential persons, are underway, with those involved already taken into custody. However, the Attorney General has not authorised legal action in five cases, which pertain to elephants that were released to various persons by way of ‘sannasa’.


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