Sri Lanka

The legal framework of Sri Lanka does not directly deal with climate change and the country is yet to enact its proposed National Climate Change Act. The Constitution of the Democratic Socialist Republic of Sri Lanka entrusts the State with the duty of protecting and preserving the environment. However, these duties are not enforceable in a court of law. Yet, it can be said that the existing scope of environmental litigation and public interest litigation in Sri Lanka deals with climate change related factors.

Legal Framework

 * Article 27(14)- The State shall protect, preserve and improve the environment for the benefit of the community.
 * Article 28 (f) - The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations and accordingly it is the duty of every person in Sri Lanka (f) to protect the nature and conserve its riches

Case Law

 * Environmental Foundation Limited v Anura Wijepala, Chairman Ceylon Electricity Board and 15 Others - The Environmental Foundation Ltd EFL) filed a fundamental rights application against the decision to install a coal power plant.The EFL highlighted the adverse effects of such a project on the environment including its contribution to climate change. In 2017, the case was withdrawn by the plaintiff on being notified that the government would not proceed with the project.


 * Geethani Wijesinghe v Patali Champika Ranawake, Ministry of Environment and Natural Resources (Air Pollution Case), SCFR 87/2007 - The EFL filed a case in the Supreme Court alleging high levels of air pollution within the Colombo Metropolitan Area. The high levels of pollution was due to vehicular emissions. The Supreme Court directed to maintain and carry out proper emission monitoring mechanisms and to reduce the traffic congestion by monitoring the bus schedules and timetables.


 * Watte Gedara Wijebandara v Conservator General of Forest


 * Case on Amarawewa Forest Clearing, SCFR 699/2012 - The Court declared an agreement to commence a project for power generation which involved forest clearance as null and void. The project was held not to be sustainable as it involved forest clearance without proper project approval procedures being followed under the Flora and Fauna Protection Ordinance. See also the summary of the case facts and details.


 * Wilpattu Forest Clearing Case, SCFR 130/17 - The Environmental Foundation (Guarantee) Limited and the Wildlife and Nature Protection Society together challenged the illegal clearing of the Wilpattu Forest Reserve by filing a fundamental rights petition in the Supreme Court.


 * Sugathapala Mendis and another v Chandrika Kumarathunga and Others - also known as the 'Waters Edge Case'. A land acquisition by the State was challenged as such acquisition did not serve any public purpose but only the enrichment of private entities.


 * Bulankulama v Secretary, Ministry of Industrial Development,3 Sri LR 243 - also known as the 'Eppawala Case' - A Mineral Investment Agreement between the State and a Private Company was challenged on the basis that it violated the Fundamental Rights of the residents of the Eppawala area and that it caused environmental damage.


 * Ravindra Gunawardane Kariyawasam v Central Environment Authority and Others

Resources

 * Case archive on Environmental Law maintained by the EFL

Organizations

 * Environmental Foundation Ltd
 * SLYCAN (Sri Lankan Youth Network on Climate Action Network)Trust
 * Friends of the Earth Sri Lanka / Center for Environmental Justice