Established in 1981, the Environmental Foundation (Guarantee) Limited (EFL) is a non-profit public interest law group, whose mission is to conserve and enhance Sri Lanka’s natural environment. Over the past decade up to date, EFL has been fighting the fight to protect the Wilpattu National Park (WNP).
We are currently tackling 03 major cases within the park (elaborated below) and are in need of your support to continue our work.
The WNP is the oldest and largest National Park on the island. It was declared as a National Park in 1938 under the Fauna and Flora Protection Ordinance of Sri Lanka. The adjoining Forest Reserves and Sanctuaries, containing a diverse range of habitats including forests, coastal, marine and wetlands, form a flourishing ecosystem supporting a number of fauna and flora.
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A total of 284 faunal species belonging to 101 families have been recorded within the WNP, with 21 endemic and 30 nationally threatened species among them. The elephant (Elephas maximus), sloth bear (Melursus ursinus), and leopard (Panthera pardus kotiya) are some of the threatened mammals found in this protected area.
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In 2013, Wilpattu was also declared as a Ramsar Wetland Cluster, which encompasses the entire park (Willu-pattu meaning 'Land of Lakes'). Some 205 water bodies, both natural and manmade, have been identified within the boundary of the park.
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Located 30km west of Anuradhapura, the boundaries of the park lie in the administrative divisions of Puttalam, Anuradhapura and Mannar and spans across the North Central and North Western Provinces of the island.
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Unfortunately, at present, these priceless natural resources are facing severe threats, a result of multiple anthropogenic activities. Since EFL’s first case on WNP was taken up in 2010, we have been investigating several issues relating to the WNP ranging from deforestation, encroachment to illegal projects within the park.
Our Cases
Illegally constructed road though the Wilpattu National Park
During the period of the civil war, when the WNP was under the control of security forces, the Sri Lankan Navy commenced the construction of two large roads running through the park to facilitate access to the North of the island. Following the end of the war, this road was illegally opened to the public as the ‘Puttalam- Mannar road’, in January 2010, completely violating the provisions of the Fauna and Flora Protection Ordinance of Sri Lanka.
Challenging this illegally constructed road, which runs through a National Park, EFL instituted a case under a Fundamental Rights Application in March 2010 before the Supreme Court.
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Risks & Concerns
Considering that fact that there is an existing road reaching the same destination, this road through the park has been made accessible merely for convenience, disregarding the major environmental impacts it has on the park’s rich biodiversity. As there are nearby villages, temporary ‘bus stops’ have been established along the road as well.
With the hustle and bustle of buses racing through the park and travelers getting off vehicles, the serenity of the park has been completely lost. It is rather disheartening that this has now become the norm, knowing that wildlife such as deer & elephants cross this road and quite commonly encounter such vehicles. This has not only increased the incidents of road kills but also poses significant danger to travelers too. The allowance of such prohibited activities only trivializes the National Park.
The road undoubtedly poses significant threats disrupting the natural environs, some of which include,
- Habitat fragmentation and disturbance to the wildlife. Habitat fragmentation has been identified as a major threat affecting the survival of species of wildlife.
- Gives rise to human-wildlife conflicts, a major issue experienced in other parts of the country.
- Facilitates illegal activities within the park such as sand-mining, poaching and bio-piracy.
- Necessitates annual sand-mining to fill up and repair the road after each rainy season.
- Unmeasurable damage to the natural ecosystem of Wilpattu resulting from the blocking of the largest floodplain within the park, as well as air and sound pollution caused by constant motor traffic.
- Traffic inevitably increases the risk of road kills of wild animals.
- Paves the way for other ancillary issues such as encroachment.
- Introduction of invasive alien species that can affect all types of ecosystems and lead to irretrievable loss of native species and ecosystems.
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Status of the Case
During the course of this case there were several discussions and site inspections made to reach a settlement agreeable to all parties.
In 2013, the Supreme Court issued an interim order directing authorities to maintain the status quo of the road, where no further development activities would take place especially with regard to the tarring of the road. We were successful in preventing the road from being further developed into a highway.
The case is to be argued on the 8th of January 2019 before the Honorable Judges of the Supreme Court.
Through the case we seek to regulate the vehicles that use the road according to procedures applicable to the entry of visitors to any National Park.
The Pallekandhal Church, a jungle shrine located within the WNP
Built centuries ago, the Pallekandhal Church lies within the boundaries of the WNP. Over the years, it has been recognized as a catholic place of worship, with a small shrine placed in an area less than quarter of an acre. As far as tradition goes, an annual feast is held at the church with the attendance of nearby communities.
During the civil war, the church operated in minute scale. Devotees visited only for the feast and stayed overnight in temporary shelters next to the chapel until festivities concluded. So, the chapel remained abandoned for most part of the year.
Once the WNP reopened post war, there has been a considerable increase in church activities and the annual festival has developed into a grand scale event, drawing more human intrusion in large numbers without proper regulation or control. What used to be a jungle shrine has now been extensively expanded into a well-constructed church. A significant amount of forest cover has been cleared to expand the church premises while unauthorized road access to the National Park has also advanced over time.
After conducting an extensive investigation, EFL inquired into the irregularities and illegalities surrounding the Church festivities from relevant state departments but the responses received were unsatisfactory.
The forest clearings and unregulated illegal development activities inside the park have been taking place in stages over the last few years. All authorities responsible to prevent such issues have failed to carry out their duties to stop/regulate such unauthorized activities.
Due to the blatant violations made by the Church and the lack of action being taken by relevant officials to prevent such developments, EFL filed a Writ Application in the Court of Appeal on the 24th of January 2018.
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Risks & Concerns
- Clearing of forest area for camp sites and food stalls resulting in habitat fragmentation.
- Absence of adequate waste disposal systems causing land-based and water pollution.
- Noise pollution due to the influx of visitors, vehicles and festival activities.
- Disturbances to animal behaviour patterns, including foraging, nesting and breeding patterns.
- Increases the risk of human-wildlife conflict.
- Facilitates illegal activities within the park; encroachment, poaching etc.
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Status of the Case
The instigation of the case gave prominence to this issue, which in turn exerted pressure on authorities to take measures to curtail this year’s festivities of the church.
Through the case we seek to achieve the following,
- Prevention of the intrusion of large crowds entering the park for the festivities of the church without any supervision and control by the Department of Wildlife Conservation.
- Take legal action against those clearing the forest, erecting structures, buildings and other development activities.
- A system with modern technology and a comprehensive database to effectively and transparently deal with demarcating the boundaries of National Parks and other Nature Reserves in order to eliminate any ambiguity of land tenement of areas declared so.
Pukkulam Village bordering the WNP
Pukkulam is a seasonal fishing village located close to the Northern and Western boundaries of the WNP, and in 1973, was declared as part of the National Park. Considering the existent communities occupying this area, several lands were excluded to accommodate three seasonal fishing villages, namely Pukkulam, Vellamundalam and Pallugahathurai. As these villages lie adjacent to the boundary of the park, the agreement is such that the villages can only be occupied during the fishing seasons (November to April) under strict guidelines and restrictions. All three villages were only accessible from the seaside.
During the civil war, fishing activities were minimal as many fishermen were not permitted to enter the area due to security reasons. When the war ended, the villages at Pallugahathurai and Vellamundalam remained the same, with temporary seasonal settlements.
The fishermen from Pukkulam however, returned with their families and settled in Pukkulam permanently. At present there are approximately 153 fishing families with 450 individuals engaging in fishing activities.
When notified of this issue, EFL made inquiries from relevant authorities and conducted several site visits to address the matter. Through discussions with community members, our team discovered that the villagers residing in Pukkulam are all kin of the settlers who left during the war. Villagers use the bus service, which travels through the illegal “Puttalam – Mannar road”, to reach the Pukkulam village.
Community members also shared concerns with regard to the loss of land, a result of sea erosion. This was visible during the site visits made by our team as well. Because of this, villagers have been forced to encroach into the WNP and currently several families have settled and built permanent houses within the park premises.
This investigation is still ongoing and the findings will determine whether legal action is to follow against relevant government officials. Equally important, the case will seek adequate relief for all affected community members.
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Current Status
- There are 11 permanent structures including 9 houses, a church and an empty building.
- Villagers have also requested for more permanent housing structures to be constructed by relevant authorities.
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Risks & Concerns
- A proper environmental assessment, which is vital in such sensitive locations, has not been done prior to relocating families in to the village.
- According to the Fauna & Flora Protection Ordinance of Sri Lanka, approval needs to be granted by the Department of Wildlife Conservation to conduct any development activity within one mile of a National Park. In this instance, necessary approvals have not been obtained. This sets a bad precedent, encouraging other government entities/private investors to bypass following proper procedure, considering no action/penalties have been enforced so far.
- Increased human activity in the area/within the park, will increase the risk of human wildlife conflict.
- Habitat destruction and threat to wildlife in the area.
- Facilitates poaching and other illegal activities within the park.
