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‘New directive sidelining Forest Dept. will place 690,000ha of forest in jeopardy’
Environmentalists, scientists and animals lovers protest
by Ifham Nizam
Environmentalists, scientists and animals lovers warned that the removal of small fragmented forests from the jurisdiction of the Forest Department by amending circular 5/2005 will place 690,000 hectares of forest in jeopardy and destroy wildlife habitats.
Rally For Animal Rights & Environment (RARE) cautioned the move will not only wipe out animals but also destroy endangered and protected species.
The Centre for Environmental Justice (CEJ) said it is disconcerted to note the downsizing of forest lands managed by Divisional Secretaries in terms of a circular issued by the Secretary to the Ministry of Wildlife and Forest Conservation (rescinding previous circulars), which now authorizes the management of all other forest lands to the Conservator General of Forests.
The new directive permits the Conservator General of Forests to release lands for non-forest purposes, it said.
“The new circular has been issued without understanding the present laws, amendments, definitions and the mandate of the issuing officer,” a legal activist said.
Attorney–at-Law Ravindranath Dabare said under sections 1 and 2 of the circular MWFC/1/2020 issued by Bandula Harischandara, Secretary, Ministry of Wildlife and Forest Conservation, the subject matter is Residual Forest, which does not exist in Sri Lanka under the Forest Ordinance or other ordinances.
The term used here is misleading as the amended Forest Ordinance 65/2009 considers some forest areas as “any other forest” or “forest other than a Conservation Forest, Reserved Forest or Village Forest”, he noted.
Section 2 of the circular also refers to “residual forest”, which doesn’t come under any law, regulation or other constitutional provision etc. There are no such forests/land in Sri Lanka as all lands/forests come under the law of the land or departmental regulations in the country, he asserted.
The new circular will allow releasing forest lands for non-forest uses subject to selected ad-hoc guidelines, Dabare warned.
“As we understand, the definition “any other forest”, which are other than nature reserves and conservation forests will now come under the jurisdiction of the Forest Ordinance amendment No 65/2009. Although, the Secretary has the power to cancel the previous circulars, the new law does not provide provisions to release the “other forests” for intended purposes”, the lawyer further said.
The circular outlines that forest lands will be “used for economic or other productive uses”. This means converting forest into non-forest uses, he continued. He added that the type of forests which the Secretary is willing to dispose of under the requires an EIA under the National Environmental Act.
CEJ Executive Director, Hemantha Withanage told The Sunday Island: “It’s very sad to see government officers being directed to deregulate forests, which will result in mass forest grabbing and environmental destruction and disasters. We vehemently oppose this undemocratic move and demand the cancellation of the new circular and respect the existing Forest Act (as amended) and the National Environmental Act (as emended).”
He said under the previous Rajapaksa regime, the Forest Department worked towards a the target of increasing the forest cover of the country to 35 per cent from 24 percent at the time. The coverage was then increased to 29 percent adding plantations as forests. As achieving 35 per cent forest cover target was not easy, it was reduced to 32 per cent by the next government.
This target remains unchanged. It is obvious that other forests play a key role in increasing the forest cover in Sri Lanka. If not, the Forest Department will have to declare grass lands also as forests, he added.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
