Litigation with a little interest

Pamodhi Kuruppu

Eppawala mines sound long gone and dead. Did they find Phosphate? Battaramulla was quite famous sometime back. Waters’ Edge was built. Did the fish find their homes? Homes were taken away around Waters’ Edge. Paved streets were turned into water drainage systems. Inevitably land was altered into a wetland. Did the innocent tears bring back the land to the owners?

Damages done to the surrounding, commonly known as "pollution" is not new to us. Every day we hear about trash being dumped into streams. We hear people complaining about disposing garbage on either side of the streets. We hear about the mono oxidized and carbonized air removed from factories. People protest. They form committees. They bring interim orders. Do we still see clean streets or clean water streams?

Cartoon by Awantha Artigala

A healthy environment is a right for every person. True enough. We all like to breathe clean air. We like to bathe clean water. We all like to live healthier and longer. This is no difference from an average man to a Politician or a President in any country. There was Rachel Carlson, the one who was first to talk of a human right to a healthy environment, in Silent Spring published in 1962.

“Man has the fundamental right to freedom, equality and adequate conditions of life in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”

Leave the average citizen of a country. Just think, aren’t Politicians and Presidents humans? So do they are bound to protect the environment too in terms of Rachel.

But the story is different.

It is pitiful that the so called Statesmen and Upper Guardians of the country are promoting pollution. Rather they have little interest about their surroundings and even for the rest of the people living in. Nothing else but some “fast bucks” is what matters them. This is why the Eppawala mines were digged with the help of a few suddas. In 1980’s  when such mining was attempted, J.R Jayawardhane denied approval because  he was shown the irreparable damage that could be done to the historic waterways of Anuradhapura. Even about 2600 families were likely to be affected. Twenty years later now, again the project is reestablished. Secret activity is taking place in a forested area in Eppawala. Despite the damage that can happen, the project has received cabinet approval. International tenders have been called out for collaboration. The public is distressed. Fundamental Rights applications are pending.  After all this is importing crude oil through State to Private Agencies. When did the LPL or the cabinet of ministers claim mines to be their private property? Mineral deposits are of this nation. For the benefit of people of this country for centuries to come.

The same happened to Waters’ Edge Golf Course in Battaramulla. Chandrika Kumaratunga failed as a public officer, much less an Executive President. She betrayed the trust bestowed upon her by the constitution, the constitution of the people of this country. The said land was covertly transferred for flood retention purposes. Land was taken by the people, where a loan was given as compensation. They think loans or a nominal sum can bring back the fish alive in water streams which were turned to drainage systems little months ago.

The Urban Development Authority (UDA) had a plan to lease Galle Face Green to E.A.P Edirisinghe Group and bring in a hawker street style theme park with food, music and other entertainment. Galle Face Green is public property. Everyone has free access. There is little commerce. We see themudalalis who sell isso wade and amba achcharu (mango pickle).The Environmental Foundation Limited (EFL) crossed UDA’s plan. They upheld that Galle Face will be a place for customers and money machines generating rupees and cents, where the space for leisure will be gone. Only the elite will have the chance to come and enjoy. There will be no kite flying. No isso wade will be sold. UDA denied to release official documents of the agreement made. UDA didn’t have ears for the public outcry.

We are sovereign. The preamble to Sri Lanka’s constitution in big letters mentions so. Government of the people, by the people, for the people. But the ironies of sovereignty are a brimming laughing stock in this country. We never find public interest litigation. Instead we find litigation, more litigation done to seek out money bills. There are plenty of NGO’s committed to serve the public in Sri Lanka. But they serve their pockets. NGO’s are fat cats with billions in their hands.

The rights are clear. Plenty of laws are brought in. We often talk of sustainable development. But the judiciary is confused.

Politics play things. Religion covers things.

Another comes into mind. Rathupaswala ended with deaths, injuries and damages to property. Authorities claimed that industrial effluents are likely causing damage to the ground water. Board of Investments and Central Environment Authority were blamed.

Anyway if we are to change things, we need to make a difference within ourselves rather than blaming the others. We need right Politicians with right attitude and right authoritarians with enough training. Real wealth is food, fertile land, buildings or other things that sustain us. In terms of Economics, if one thinks that turnovers, capitals or assets are real wealth, that’s wrong. Not knowing the value of sustainability, it is potentially the fatal kind.