By Malaka Rodrigo
The Dole Lanka banana farm that was set up on land belonging to the Somawathiya National Park (SNP), has been dismantled. According to sources, farm machinery has been removed, and young banana trees cleared from a 500 acre area on the east bank of the Mahaweli River. The farm had extended outside the Kandakaduwa Farm area leased to the company.
The Somawathie National Park covers land drained by the Mahaweli, in the North Central and Eastern Provinces. The decision by owners Dole Lanka Pvt Ltd to shut down the farm marks a victory for conservationists, who had lobbied intensely to have the land cleared of illegal encroachment. The farm came to public notice when environment organisations, supported by the media, including the Sunday Times, highlighted the encroachment.
Young banana plants that have now been removed by the The Dole Lanka banana farm Company
While the Department of Wildlife Conservation (DWC) and the Ministry of Agrarian Services and Wildlife maintained that park land had not been encroached upon, activists and conservationists produced World Wildlife Fund (WWF) satellite images to prove that the disputed area occupied by the banana farm did indeed extend into the national park.
“We are extremely pleased with the turn of events and the prompt manner in which Dole has acted in this instance, which we trust will serve as an example to other organisations that are presented with evidence of infringements in law governing public assets,” said Wardani Karunaratne of Environmental Foundation Limited (EFL).
EFL had lobbied directly with Dole Food Inc. EFL is affiliated to the Wildlife and Nature protection Society (WNPS); Wilderness Area Protection Foundation (WAPF), and other conservationist groups. All were concerned about the unauthorised clearing of forest land within the national park.
In September, EFL and other conservationists had met a Dole Asia representative and presented their case. After conducting its own investigation, Dole Asia acknowledged that the cultivated area was within park premises. On November 16, Dole Asia confirmed that all banana farm operations had been withdrawn from the area.
According to environmentalist Sajeewa Chamikara, the farm should be outside the one-mile buffer zone around the Somawathie National Park. This is a legal requirement, under the Flora and Fauna Ordinance.
While praising the Dole Food Company for showing responsibility and responding accordingly, Mr. Chamikara said there was a danger that other commercial interests may be eyeing the abandoned lands, and that vigilance was required.
The conservation community of Sri Lanka has appealed to all investors to first conduct studies on the legality and environmental sustainability of any business moves that involved use of land around the country, especially forest land.
http://www.sundaytimes.lk/111127/News/nws_17.html
Environmentalists Score At Somawathiya
By Nirmala Kannangara
Aerial photo shows the deforestation within Somawathiya, Gazette notification of September 2, 1986 declaring Somawathiya as a national park and Pramodya Wickremasinghe planting the first banana sapling
Following the exposure in our August 14, 2011 issue on how the Defence Ministry has given away lands from the Somawathiya National Park (SNP) to the local agents of USA based Dole Food Company – Letsgrow (Pvt) Ltd for fruit and vegetable cultivation and livestock farming, the Environmental Foundation Limited (EFL) a non-governmental environmental conservation organisation has forced Dole Food Company to get their local agent to move out of SNP immediately.
Former Sri Lankan fast bowler Pramodya Wickremasinghe, Muthiah Sasidaran, brother of former Sri Lankan spin bowler Muthiah Muralitharan and Sarath Wickremaratne are the partners of Letsgrow (Pvt) Ltd.
Speculation is rife whether 11, 600 acres of state land was given to Letsgrow (Pvt) Ltd. by the Defence Ministry as an incentive to Pramodya Wickremasinghe to cross over from the UNP to the ruling party in the run up to the presidential election in 2010. For causing irreversible damage to the SNP, EFL was forced to explore possible legal action against those who were involved in this project.
Subsequent to this move, representatives from Dole Food (Asia) headed by Senior Vice President Human Resources Jennifer Wiegleb arrived in Sri Lanka and held discussions on September 25 and October 28 with the EFL, Wildlife and Nature Protection Society (WNPS) and Wilderness Area Protection Foundation (WAPF) and then promised to move out from SNP. Speaking to The Sunday Leader, Head of Legal EFL Wardani Karunaratne said that they have requested Dole Food Company to withdraw their plantation from the SNP failing which legal action would be initiated for causing irreversible damage to the national park.
“When we made a presentation on the status of the illegal clearance within the sanctuary through satellite images, Dole representatives wanted one month to withdraw from SNP. At the October 28 meeting Dole acknowledged that part of their fruit plantation was within the SNP and requested two more weeks to move out,” said Karunaratne. According to Karunaratne, national reserves are governed by the Fauna and Flora Protection Ordinance (FFPO) No: 2 of 1937 (as amended) and the second highest level of protection is afforded to national parks- the category which SNP falls under.
“Hence under Section 5 of the FFPO (as amended) no person is permitted to enter and remain within a national park without the permission of the Department of Wild Life Conservation (DWLC). Section 5 (2) provides that such permission could be issued only for the purpose of studying or observing the fauna and flora in a national park. Further Section 6 of the FFPO (as amended) says that no person can damage or destroy any plant or clear the park for any development activity inside a national park which is a non bailable offence,” said Karunaratne. Meanwhile, Director Environment Conservation Trust Sajeewa Chamikara queried as to how the Defence Ministry allowed Letsgrow (Pvt) Ltd. to trespass on SNP.
“Somawathiya was first declared a sanctuary through Gazette notification no: 147/12 of September 9, 1966, under the Fauna and Flora Protection Act and was later declared as a national park in 1986 by Gazette notification no: 417/5 of September 2, 1986. This 93,662 acre National Park and the adjoining National Livestock Development Board (NLDB) lands which is thick jungle was the habitat for more than 500 wild elephants. It was the Mahaweli riparian area that provided the best food for them. With the clearing of the jungle not only the fauna and flora that is endemic to Sri Lanka has faced a great threat but it has become the start for yet another human-elephant conflict,” said Chamikara.
According to Chamikara, army posts have been installed right round the project land and neither the NLDB nor the Department of Wild Life Conservation (DWLC) officials were allowed to enter this ‘cultivation site’ to carry out land surveys.
“When the DWLC and the NLDB officials wanted to survey the land in order to find out to which department this land belongs to, the army prevented them. If they have not violated any laws why do they refuse to let these officials in,” alleged Chamikara.
According to him, it is strictly prohibited to develop a national park or its reservations but added that over 50 acres from any other forest land which is not a national park nor a reserve could be developed with the approval of the WLCD, the Forest Department, Agrarian Services Department, Irrigation Department, Archeological Department and the respective District and Divisional Secretaries as per the State Land Ordinance.
“If it is above 50 acres of forest land, approval should be taken from the said authorities while if it is a land which is within a one kilometre radius from the buffer zone an Environment Impact Assessment (EIA) has to be carried out,” Chamikara said. However, according to Karunaratne, it was with the support of the World Wildlife Fund (WWF) that they obtained past and present satellite images of the plantation site and to ascertain the exact location where the devastation has been carried out. “Since the army did not allow the DWLC, the NLDB or any other party to enter the area for a land survey, we had to seek the support of the WWF to get past and present satellite images to find out exactly where Letsgrow has cleared the thick jungle. The satellite images clearly show that the clearing has taken place between the Mahaweli river and the Kandakadu stream. Although the army claims that this plantation is carried out on the Kandakadu farm which belonged to the NLDB, how can they claim that when part of the Kandakadu farm too falls within the SNP?” claimed Karunaratne.
According to him, Dole representatives have confirmed to the EFL of their withdrawal from the SNP at a meeting held on November 16. “We were told that they have removed all their belongings within the SNP. However, we have to carry out an independent verification to confirm this and to see whether they continue their plantation within the buffer zone which too is a strictly prohibited area for any development activity,” said Karunaratne.
Although Dole has acknowledged that part of the plantation was within SNP, it was surprising to note that neither the Sri Lanka Army nor Letsgrow (Pvt) Ltd. when contacted by The Sunday Leader on the previous occasion denied the accusation. However, when The Sunday Leader contacted Military Spokesperson Brigadier H. A. Nihal Hapuarachchi to find out whether Letsgrow (Pvt) Ltd. had moved out from the SNP he said that they were still continuing with their plantation in Kandakadu.
“This land does not belong to the SNP but to the NLDB. Once the army got the eastern province liberated in 2007, the government allocated this land for us to start a rehabilitation camp. After the war, through a Gazette notification this land was given to the Defence Ministry,” said Hapuarachchi.
However, he failed to give further details about the said Gazette notification.
When asked as to how the Sri Lanka Army could claim that part of Kandakadu Farm does not fall within the SNP, Hapuarachchi said that it has to be verified with the Defence Ministry.
“You have to consult the Defence Ministry for more information,” he said. Meanwhile, Pramodya Wickremasinghe when contacted to find out whether they had been asked to move out of the SNP by the representatives of Dole Asia, Wickremasinghe told The Sunday Leader that he will not make any comments on the issue.
“There is nothing left to make any comments. You can write anything that you wish,” said Wickremsinghe. All attempts to contact Director DWLC, H. D. Ratnayake and Deputy Director (Legal) DWLC Marasinghe, as to what action they would take against Letsgrow for uprooting trees on 500 acres in the SNP, failed.
However, Ranger DWLC (Mahaweli Region) A. M. Seneviratne told The Sunday Leader that it is a non-bailable offence to cut down trees in a national park.
“Unless with a valid permit no one is allowed to enter a national park for any reason. In the event of deforestation it is a non-bailable offence and the law has to be implemented for such devastation immediately, irrespective of their status,” said Seneviratne. When contacted Minister Agrarian Services and Wild Life, S. M. Chandrasena said that he would personally instruct the DWLC to take stern action against those who have cleared part of the SNP for banana cultivation.
“No one is above the law. Irrespective of their positions they will be brought to book,” Chandrasena told The Sunday Leader.
http://www.thesundayleader.lk/2011/11/27/environmentalists-score-at-somawathiya/
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