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The problem with privatising wildlife circuit bungalows

24 May 2021

By Dulki Seethawaka   Recently, it was reported that the State is considering the grant of permission for private entities to maintain accommodation facilities in national parks. There are only a limited number of wildlife circuit bungalows available at the moment in national parks, including in Yala, Wasgamuwa, Wilpattu, Udawalawe, Horton Plains, and Gal Oya. These are managed by the Department of Wildlife Conservation (DWC), and usually it takes a considerable amount of effort and time to reserve them unless you are backed by some upper hand or have political support. The facilities that are available can be considered as being at a minimum level, given the reasonable price that is charged. However, there is much room for improvement, not only regarding the condition of the accommodation facilities but also concerning the increasing demand for such holiday bungalows from the general public. The question is whether privatising accommodation facilities in national parks can address these issues successfully.   The laws specified by the Fauna and Flora Protection Ordinance Do the existing legal provisions in Sri Lanka allow such private entities to interfere with the mechanism of maintaining lodgings in national parks? Under Section 2 of the Fauna and Flora Protection Ordinance, a national park is considered to be a part of a national reserve. Section 5 of the Ordinance restricts any person from entering or remaining within any national park without a permit. This permit shall be issued by a prescribed officer upon the payment of the prescribed fee, only for the purpose of enabling the permit holder to study or observe the fauna and flora in the particular national park. Section 6 of the Ordinance specifies the acts which are prohibited to be carried out in national parks which includes erecting any temporary or permanent building and occupying such a building without a permit, constructing or using any road or path, and constructing or managing any tourist hotel or providing any services or facilities similar to the services or facilities provided by a tourist hotel. It is clear that this provision completely debars any person from constructing or managing any accommodation facility within the premise of a national park for visitors. The restriction is not only limited to tourist hotels within the premises of a national park, but as per Section 3(3A) of the Ordinance, no person shall construct a tourist hotel or provide any services or facilities similar to the services or facilities provided by a tourist hotel within one mile of the boundary of a national reserve. Furthermore, Section 2(2A) of the Ordinance provides that the Director of Wildlife Conservation is empowered to administer, control, and manage the facilities or services which are to be provided within any national reserve. All these provisions specify that the constructing and managing of any accommodation facility within a national park can only be done by the DWC and that no third party can intervene and delegate this power to any other entity. If there are any contradictory decisions made, this means that either the provisions in the Fauna and Flora Protection Ordinance have to be repealed or it is an illegal order made against the laws that are set in the Fauna and Flora Protection Ordinance.   The example of safari jeep rides in the Yala National Park Provided that the governmental authorities nevertheless proceed with this decision, if there are no specified rules and proper guidelines, the final outcome would be quite predictable. An example is seen in allowing private safari drivers into national parks, particularly the situation that has arisen in the Yala National Park. A safari tour to the Yala National Park would most probably end up being a traumatising experience, especially for nature lovers who do not want to disturb the animals but are willing to enjoy a quiet and peaceful time in the wild, observing them. However, the usual practice when these drivers notice a significantly rare animal (such as a bear, a tusker, or a leopard) is that they notify their entire network of other drivers, and the complete safari goes haywire after that. In no time, it becomes a competition as to who would reach the location first. They drive at super speeds in those bumpy and dusty roads while the riders hold on to their dear lives, unaware of how to react. This is really dangerous given that it is a forest with many other animals, and if by any chance any other wild animal crosses the road, this hasty journey can endanger not only the life of the animal, but also the lives of the riders. Once the jeep has reached the location, usually, the terrified animal is surrounded by hundreds of such jeeps, and the noises and honks just scare it away, disturbing its natural behaviours. Therefore, the same must not happen in this situation and proper rules and regulations must be set at the very beginning. Also, there must be a suitable mechanism which ensures that these rules are followed and not trampled upon by any person.   A quick overview on the possible outcomes If the accommodations in national parks are privatised, there are several obvious outcomes which need to be considered. There is a good possibility that the owners of the private accommodations would try to earn quick profits within a short span of time. This would cause further problems such as providing accommodation beyond the capacity of the premises as well as the available facilities, and thereby the need for expanding the accommodations and constructing more tourist hotels to meet with the increasing demands of the public. All these would require the development of roads and paths inside the national parks, which at the moment are mostly used by jeeps. This means that several development projects will take place within the national parks and the DWC will have to observe all these projects. Yet another issue is charging unreasonable prices depending on the services that are provided. There is a concern as to whether such prices can be considered as being reasonable to the public. The target audience is most likely to be foreigners and upper class citizens, financially speaking. Also, when the visitors pay a high price, it is inevitable that they expect more facilities and a higher level of comfort. The bungalows will need to provide round-the-clock electricity, internet connections, warm water facilities, and good meal options. Furthermore, there must be some form of monitoring and surveillance system which will be available throughout, in order to track for any unfortunate incidents. The issue arises as to how to provide such uninterrupted services in the middle of the jungle. Given that the tourist hotels are well developed, the number of visitors will keep increasing, and this would mean that there must be caretakers who would be strictly responsible for the safety of the visitors, as they must be prevented from entering the forest during the night and engaging in any activity which can disturb the wild animals. The most common situation in Sri Lanka is alcohol consumption, which is followed by live musical events. Such activities must be restricted and wrongdoers must be severely punished. Once the number of visitors and their basic requirements increase, there will be concerns as to providing for those requirements and waste disposal. The process of waste disposal must be handled especially carefully given that the waste could be exposed to wild animals that might consume such garbage and end up facing life-threatening situations. Such issues may seem trivial, but they must be dealt with utmost care. Therefore, it is not only about the safety of the visitors, but also about the safety of the fauna and flora of the national parks. Furthermore, in the guise of developing tourist hotels, there is a golden opportunity for timber traffickers and poachers to engage in illegal activities. They can cut valuable trees and kill animals according to their whims and fancies. Therefore, adequate protection must be given throughout the development process and every step must be strictly administered. Even the visitors must be cautioned about the available punishments for causing any harm to the fauna and flora upon their arrival at the accommodation. However, if the accommodation is privatised, that means that the staff working in the premises will also be from private services. If the entire process is handled by private staff, then there is a major issue as to how the government officers can keep track of any emergency situations. Necessary steps must be taken to avoid any conflict of interest between the staff and the visitors.   Semi-government tourist hotels in national parks It is evident that there is plenty of room for improvement in the existing wildlife circuit bungalows in national parks. There is also a genuine doubt as to whether the DWC is capable of addressing the need for change without wasting time. If we look at the issue from this angle, the step of permitting private entities to manage tourist hotels in national parks may seem a fair and timely requirement. However, as was discussed in the section which provides for the laws, it is quite clear that as for now, it is completely illegal and against the provisions that are set by the Fauna and Flora Protection Ordinance. Rather than completely privatising, going semi-governmental seems a better option, where a team of government officers (most suitable option is a team of members of the DWC) will always be present at the premises. These officers must adhere to strict rules set by the DWC and ensure the safety of the environment as well as the people. They must be accountable to the DWC, and not to any other person no matter how influential that person can be. Furthermore, these officers must be given the necessary equipment to protect themselves if required, and further assistance must be made available for them in order to face any emergency situations. Apart from that, stringent rules and regulations must be set for the private entities who construct these tourist hotels and maintain them. It is a must that the ownership of the land remains with the State and will be leased for a considerable duration (most likely a long-term lease agreement) to the private party who can make successful bids. The development process must adhere to all the conditions made by the state authorities. They must especially ensure to follow the environmental impact assessment process in building the accommodations. The charges and all the facilities must be managed under the specifications provided by the DWC. Handing over the responsibility to construct and manage the tourist hotels to a private entity or entities in national parks would certainly speed up the process and maintain the suitable standard within the accommodation. However, the State must retain the right to intervene whenever is necessary and to balance out any discrepancies with due care and practices.   (The writer is an Attorney-At-Law and environmental researcher)


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