Opposition Leader Sajith Premadasa has called for the protection of elephants, other wildlife, biodiversity and the environment to be recognised as fundamental rights (FR) under the Constitution, saying this would allow environmental damage to be challenged in court.
He made the remarks at a meeting held at the Opposition Leader’s Office yesterday (18) with several stakeholders to discuss the killing of the elephant Kawanthissa and the threats facing the country’s elephant population.
Premadasa said the Constitution contained FRs under Chapter III and Directive Principles of State Policy and Fundamental Duties under Chapter VI. He said the latter could not be directly challenged in court in the same way as FRs.
He referred to Article 14 of Chapter VI, which states that the State should protect, preserve and improve the environment for the benefit of the community. He said environmental protection, including the protection of wildlife and vegetation, should be recognised as an FR so that damage to them could be challenged through legal action.
The meeting also discussed establishing a community-based organisation, to be called the Kawanthissa Elephant Protection Organisation, with the participation of civil society representatives and citizens interested in wildlife conservation. The proposed organisation would seek to investigate Kawanthissa’s death and support the protection of elephants, other wildlife and biodiversity.
Premadasa said the wildlife conservation sector faced serious internal problems, including conflicts among scientific, veterinary and administrative services. He said the failure to resolve these issues had led wildlife veterinarians to engage in trade union action.
The country did not need wildlife conservation efforts limited to statements and press conferences, he said, calling for practical measures to address the problems facing the sector.
He also referred to shortages of human and physical resources in the Department of Wildlife Conservation. Although around 5,000 Civil Security Department personnel and 3,500 multi-purpose development assistants had been assigned to the Department in the past, he said they needed proper training in environmental and wildlife matters.
Premadasa further said the Department had around 1,200 long-serving employees and that workers, including field assistants, guards and other staff, needed better support and working conditions.
He said civil society and wildlife enthusiasts also had a role to play in conservation and called for practical arrangements to support their involvement.
He called for data-based research to identify areas frequented by elephants, naming Karuwalagaswewa, Anamaduwa, Thabbowa, Wilachchiya, Wilpattu and Kahalla-Pallekele as areas with significant elephant populations. Elephants could not be confined to one location, he said, adding that Sri Lanka needed a land-use plan that protected elephant migration routes and identified important habitats and reserves.
Premadasa also called for a public platform through which civil society could report wildlife-related incidents, with information supported by evidence and data. The relevant wildlife and State authorities should respond to such reports, allowing civil society and Government institutions to work towards a common goal, he said.
He called for a conservation system that benefited both people and wildlife. Such a system, he said, should help prevent elephant shootings, the use of hakka patas and the poisoning of elephants, while also providing treatment for injured and sick animals.
Premadasa said a comprehensive investigation into Kawanthissa’s death should be conducted locally and internationally. He said he intended to obtain information in Parliament on the elephant’s blood reports, post-mortem findings, treatment and the people involved in its care.
He also proposed making environmental education compulsory in schools, establishing a rapid-response team for wildlife emergencies, setting up a dedicated hospital and conservation unit for elephants, and developing a database documenting the country’s elephant population over time.