Category Archives: Features

Sri Lanka, 7 Days After

29 Monday Apr 2019

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It’s been a week since the Easter Sunday Attacks. People ask me how things are. I usually tell out of reflect, “we are trying to regain normalcy”. The next moment I wonder what normalcy is. Anymore.

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On Saturday, I had been working on assignments focusing on peace building till quite late, to wake up to calls from those checking if I had gone to church. Those who know me would know how strange that question would ring in my ears, even when wide awake. But, it was only a few minutes later that reality shook me awake with the violence that had spread across Colombo.

The first thought to cross my mind: “It could have been us”.

 

I had slept hoping to take my family out on Sunday for breakfast. Then true to myself, overslept due to sleep-deprivation caused by writing for hours on peace-building , until 6am to be precise. The previous night, my curious mind had wondered to anlayse the potential conflicts which Sri Lanka could face, mostly related to resource management, and whether we are ready to address these situations. I also wondered how we as a community would react if we were to face a conflict again. Later at work, my colleague tells me “Vosi, you should not hypothesize!”

 

Last few weeks have been probably the scariest days of my whole life, even though I had lived through a few memories that haunt me. As a child my first memories are of dead bodies floating in a river. I must have been 4 or 5 at that time. I am not entirely sure. Then, I have memories of the war, the constant security checks. But those images seem distant, I think I had blurred them out of my mind.

I also remember the tsunami, and the many loved ones taken away, our usual Sunday market washed away, my favourite aunt growing up, getting washed away with it as well.

But the memory the memory that I hold close is how Sri Lanka came together during the hard times. Rebuilding and helping in solidarity.

 

21st April was different. It was difficult to focus. It was hard to think straight. I blamed it on my sleep deprived brain, or maybe the slightly old brain. We all closed down for a week, maybe even longer. I read stories of those affected, the children left alone, families dead and many in need of support.

I also read posters on guidance to boycott shops, the general hatred towards certain groups in our communities, reminding me of the 2nd World War. Do we truly believe what we are messaging?

 

Tomorrow, we will all wake up and try to go about our daily lives. And I shall return to my question “what is normalcy?”

 

 

 

 

 

 

NO to Animal Cruelty. YES to Animal Welfare Bill.

20 Wednesday May 2015

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animal photo

(Photo courtesy wikipedia)

Recently a video which was shared by a Sri Lankan on his Facebook managed to grab a lot of attention. Why? Many reasons. One probably being that some people liked watching cruelty to animals, the other due to a petition which was launched against the video, requesting that the man be punished for cruelty he inflicted on the animal. More specifically a cat, which was been taunted for a human’s entertainment.

A few questions remained unanswered. One includes the identity of the individual on the video, who speaks in Tamil to the cat, throwing it around, in the air, flipping him from side to side, and also carrying the animal by his neck, with his mouth as a cat would carry his kittens. This obviously creates a question as to the mental stability of the human who seems to be behaving not humane. Despite the petition’s call for punishing of the individual who has shared the video given the dilemma mentioned one cannot be assured whether it is the sharer who is in the video or not.

In addition to the lack of clarity of the individual, the biggest hurdle to take action against this sort of individuals remains the law. The law that is archaic, outdated with fines which are too low and with implementation that is almost never. If one has not heard of filed a case against anyone being fined for hitting his cat, not feeding it, or injuring it by throwing fire crackers at it, this would be due to the non-implementation of the law on animal cruelty in Sri Lanka, as well as the short-comings pertaining to it.

Cruelty to Animals

Cruelty to animals is defined by Prevention of Cruelty to Animals Ordinance No. 13 of 1907 as amended by N0.19 of 1912, 43 of 1917, 9 of 1919, 23 of 1921, 16 of 1927, 17 of 1930, 12 of 1945 and Act no. 22 of 1955.

According to section 2 of the Ordinance, the offence of cruelty is defined as including cruelly beat, ill-treat, over-drive, or cause or procure to be cruelly beaten, ill-treated, over-driven, over-ridden, abused or torture any animal; cause unnecessary pain or suffering to any animal by an act or omission, as well as convey or carry or cause them in vehicles, basket, box, or cage or otherwise, any animal or position animals so as to subject them to unnecessary pain or suffering.The penalty for this offence is provided as a fine that may extend to hundred rupees, or imprisonment (maximum 3 months) or both.

Further section 3 provides, “If any animal is found to be suffering and in pain by starvation the owner is guilty of an offence.” The punishment for THIS offence is at fine of hundred rupees, or imprisonment that may extend to 3 months or both.

One of the issues of the Legislation are the penalties which are trivial and not detrimental in its effect which fail to prevent cruelty to animals. The law that was passed over 100 years ago unfortunately fails from being taken seriously due to this.

Defining “Animal”

Another shortcoming of the current law on animal cruelty is the interpretation on what constitutes an “animal” under this Ordinance. In section 14, the interpretation provided states, “Animal means any domestic or captured animal and includes any bird, fish, or reptile in captivity.” This in turn limits the compassion that needs to be shown to animals to only those animals considered in human custody, which in turn provides space to be cruelt to those that are not.

Sri Lankan case law provides that an animal that is a “wild” animal would not come within the protection of this Ordinance. In the case of Inspector, Society for the Prevention of Crueltyto Animals, Nawalapitiya v. Punchirala et al  (1922) 24 NLR 202 a number of people were charged for chasing a wild elk, which had not been previously captured, and killing it in a cruel manner. It was held that the accused were not punishable under the Prevention of Cruelty to Animals Ordinance, No.13 of 1907 as the wild elk was not ‘an animal’ within the meaning of the term in the Ordinance and in turn were acquitted.

Need for Reform

To address the shortcomings of the law on animal cruelty, proposal for reform was presented in the form of a Bill to the parliament by Hon. (Ven.) Athuraliye Rathana Thero, on  October 19, 2010. The new legislation which is proposed has as its objective to replace the Prevention of Cruelty to Animals Ordinance of 1907, and to recognise duty of care for persons in charge of animals to treat the animals humanely, to prevent cruelty to animals and to secure the protection and welfare of animals, to establish a National Animal Welfare Authority and Regulations and Codes of Practice  and to raise awareness on animal welfare.

The Bill provides that a person in charge of an animal owes a duty of care to it, and that it shall be the duty of every person in charge of an animal to take all reasonable measures to ensure the well-being of such animal; and to prevent the infliction upon such animal of unnecessary fear or pain; and to provide such animal with food, water, hygienic living conditions, adequate living space and shelter that is appropriate; and reasonably practicable for the person to provide.

Proposed Law on Cruelty to Animals

The proposed law addresses cruelty to animals, and elaborates it to include beating, kicking, overriding, overdriving, overloading, overworking, torturing, terrifying, or otherwise treats an animal so as to subject it to unnecessary pain. It also proposes for it to an offence where a person in charge of an animal permits the animal to be so treated. This also includes using an animal in any work or labour or for any other purpose for which by reason of any disease, infirmity, wound, or other cause, such animal is unfit to be so used or training an animal in a way that is detrimental to its health and welfare, including forcing an animal to exceed its natural capacities or strength.

The Bill also proposes cruelty to animals to include wilfully and unreasonably administering any poison, injurious drug or substance to an animal or wilfully and unreasonably causing or attempting to cause any poison, injurious drug or substance to be taken by an animal. It also covers transport of animals by bringing within the interpretation conveying or carrying an animal in such a manner or position as to subject it to pain. Additionally keeping or confining an animal in any cage or any place that does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement will also be construed as cruelty to animals under the proposed law.

The suggested penalty upon conviction for the above mentioned offence is set to be a fine not exceeding fifty thousand rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

A Compassionate Government?

President Sirisena’s election manifesto is reflecting the need for these reforms, or rather the overarching principle behind the call for reform : the need to protect animals from cruelty. This need is mentioned in his manifesto, under the section on  religious freedom in which the President promises to introduce legislation which will prevent violence to animals. However the 100 Day Program has lapsed in time (though one chooses to remain hopeful that what is in the manifesto will be addressed even post 100 Days) and the Bill presented to the parliament remains not passed.

With changes to governance being set up, and the enthusiasm which comes with it,  would this not be the appropriate time that we give serious thought to  the proposed legal reforms on cruelty to animals, and establish compassion which extends beyond just the humans in the land?

Note: Thank you Bhagya Wikramasinghe for providing support with the legal research for this article.  

From Commissioner to Spiritual Ambassador : Yeb Saño’s Story

09 Saturday May 2015

Posted by in Climate Change, Features

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(Image courtesy google images)

Yeb Saño, one of the key negotiators on climate change recently decided to step down from his position as the Commissioner at the Climate Change Commission in the Philippines  and to work with different faith groups across the world, as part of the larger global climate movement ahead of the 21st Conference of Parties of the United Nations Convention on Climate Change (UNFCCC) to be held in Paris at the end of 2015. He explained his choice to join the movement, his new work, and the reasons for the need for political will and immediate climate actions to protect the vulnerable groups, as well as the planet.

 Commissioner Turned Spiritual Ambassador

Saño’s new work is with OurVoices as Leader of The People’s Pilgrimage. OurVoices is the global, multi-faith climate campaign created in recognition of the moral urgency of the climate crisis and is a movement that emerged from among people of diverse spirituality and faith from around the world, united by the concern to address the effects of climate change on vulnerable communities and the planet.

“We are exceptionally inspired and enthused that the inter-faith and religious communities, together with many civil society organizations, have fervently embraced this call for climate action and climate justice,” said Saño.

yeb

 Rome to Paris

Saño’s new work will start with crossing San Juanico bridge as a symbolic departure from Tacloban in the  Philippines and heading to Vanuatu,  a country recently devastated by Cyclone Pam. The Pilgrimage will include Korea, Thailand, Indonesia, the Great Barrier Reef, India, Rome, Africa, and the Americas, amongst others and Saño will not be alone in his travel.

“Throughout my journey, I will be accompanied by religious leaders, faith communities, civil society groups and individuals. Together, we will pay homage to global hotspots that are at risk from climate change, but that in equal measure celebrate compelling examples of climate leadership, solutions and climate resilience,” he explained.

The People’s Pilgrimage will culminate in a 1,500 kilometer, 60-day walk from Rome to Paris to arrive in time for the UN Climate Change Summit.

 Political Will for a Better Future

“The climate crisis is upon us. Already, millions of people have lost lives, homes and their livelihoods as a result of climate change. Yet the actions and commitments of political and industry leaders from around the world remain profoundly inadequate and fail to secure a safe and just future for all,” said  Saño highlighting the immediate need to address climate change.

He also stressed on the need to confront problems as a human family effectively and pursue the future the global community needs for a better world. This vision inludes among others eradicating poverty, building resilient and sustainable communities, protecting the Earth, promoting honor and integrity, and fostering a culture of caring. “The fight against climate change is part of a larger struggle for a more just, equitable, caring, and mindful world. As such, greed, apathy, and arrogance have no place in our pursuit of this bright future,” explained Saño.

“Passion is what drives you to work for a cause, being a happy person increases your commitment.” – Sarah Soysa

11 Saturday Apr 2015

Posted by in #WomenAtWork, Features

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Photo provides by Sarah Soysa

Photo provides by Sarah Soysa

Sarah Soysa is passionate about her work, a feminist working in the field of sexual and reproductive health and gender issues, she is currently reading for her masters in gender and development studies at the University of Melbourne. She is the initiator of the first hotline in Sri Lanka which provides information on safe medical abortion as a way to provide accurate information to women and girls on safe medical abortion and contraceptives. She spoke of what inspired her to choose her career, and volunteering for causes she believes in.

Experienced Turned Aspiration

Sarah says that the experiences of gender inequality and injustice that she experienced throughout her childhood and youth motivated her to choose the human rights sector to work. “As a young person had limited access to accurate information and health services, specially sexual and reproductive health services and my knowledge on my bodily rights and the law of the country was very low. I am now working passionately to

make things different for the current and future young people so that they would be able to make informed decisions in their life defending and enjoying their rights,” she added.

Education & Passion

She further spoke no how education and passion could be linked, not disconnected.  “In order to work in any field, especially in a country like Sri Lanka educational qualifications play a role. So the link between education and what one believes in plays a role and experience in what you choose as your cause matters,” said Sarah.

Among the organisations for which she has volunteered are national and regional organizations such as IPPF, Family Planning Association of Sri Lanka, South Asia Regional Youth Network, Commonwealth Gender Equality Network, YPEER Sri Lanka, Young Women’s Christian Association Sri Lanka and Australia,  as well as Asia Safe Abortion Partnership.  She is also a current advisor for FRIDA Feminist Fund.

“I started volunteering for the youth technical advisory committee of the Family Planning Association of Sri Lanka and YPEER Sri Lanka as a peer educator and a youth advocate passionate on SRHR and gender equality. I read and keep myself updated on current issues related to my area of work and always take necessary action where interventions are needed. I am surrounded by amazing young feminists and human rights defenders who makes me and keeps me motivated to do what I do,” she added.

A Woman Talking on Sex

“As a young woman I have faced many difficulties working in the field of sexual and reproductive health and rights because of the taboo associated with it. I was judged, criticised and also challenged when people learnt that I advocate for safe abortion rights with a restrictive legal environment in the country,” explained Sarah.

She also added that the continuous threats and challenges on social media when discussing women’s rights, safe abortion rights, issues related to sexual orientation and gender identity is a challenge for the ensuring that the sexual and reproductive rights are protected.

“It is disheartening to see how lightly young women are taken in decision making fora, merely as a token of representation for the gender balance. To date young women are completely or partially neglected inn the discussions on policy changes, and designing of programmes that affect them. Decisions on women are taken without their active participation in the decision making process. This leads to neglecting the real issues, concerns and challenges affecting young women as well as to aggravating the situation that persist on rights violations aushc as increasing of violence against them, unwanted pregnancies, unsafe abortions, psychological stress, increasing HIV and STI infections,” she pointed out.

Balancing Professional and Personal

Sarah believes that personal life is not a barrier for a woman’s professional life but mentions that your family and friends understanding what you do is important.

“Personal and professional life can be very well balanced for it to be the case, it is extremely important that your family members and friends know what you are working on. If you decide to work on a sensitive topic or an area such as sexual and reproductive health it is very important to start the sensitisation from your home and then move to your close friends and then to the community,” she added.

She also pointed out that it is important to acknowledge the support of one’s family and to find time for them while pursuing what one believes in.

“Making time for your loved ones and for you to take a break is very important. It increases one’s creativity. On a personal level it has helped me put things in perspective as well as be a better person.  Passion is what drives you to work for a cause, being a happy person increases your commitment to it.”

Sarah wishes her work to improve the availability of safe, legal and quality abortion services for women in Sri Lanka especially for young women and other disadvantaged groups creating a space for them to enjoy their rights freely without discrimination or violence.

Post War Wakarei : A Story of Three Generations

28 Saturday Mar 2015

Posted by in #WomenAtWork, Climate Change, Environment, Features

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I met Kusalini when I was in Wakarei on a field visit. She peeped at me while sitting on her mother’s lap and I was busy noting down the answers her grandmother was providing me on the challenges she faces to continue her agricultural work.

At first Kusalini was hesitant to come to me, a woman who was strangely dressed and did not speak to her in her mother tongue. No amount of smiling or coaxing would make her leave her mother’s arms and come to mine. She is two and a half years old, lives with her mother and her grandmother, as well as another cousin for whom her grandmother cares for as both her parents have remarried and have decided to take care of their new families. Kusalini’s father does not live with her mother. Lojini, her mother’s divorce is pending and she has no source of income other than the one from her mother’s agricultural work.

kusalini

Mum’s story

Lojini 25yrs is waiting to be separated from her husband who had chosen to spend more time at his parents’ home than with her. He provides no financial assistance to her or the child from the information she provided. I hear a story much familiar to mine, though our circumstances are different. She is not yet divorced, apparently the legal process keeps getting dragged. I ask the interpreter for the reason behind it, but he comes up with information that I cannot relate to in any legal sense. I decided that I need a better interpreter, preferably a woman who would be able to provide me information without judgement.

Kusalini, her daughter is just one month younger to my son Akashiv. She seems an active and curious kid, just like my son who is a few days elder to her (maybe a little more subdued than Akashiv who is of late all over the house and would talk easily to people). When I ask how old her daughter is Lohini indicates with her figners “two” and then “five”. Lojini schooled only upto grade 9, and has never worked. She says she has to take care of her daughter, and that she helps with her mother’s vegetable garden and looking after the few hens they have. She smiles a lot, so does her mother. Kusalini is more reserved, and prefers to stare at me instead.

Gradma’s story

Indrani

Indrani is 51 years old. She tells me that she has 5 children, and one living with her who is Kusalini’s mother. She also has two grand-daughters she takes care of with her meagre income from her home garden. She plants different types of crops among which are chili, pumpkin. I see around the plants around me while I type. The changing climate has been harsh to her, the crops are being damaged due to heavy rains, and then the lack of it created by impacts of climate change.

A widow, Indrani is the head of a household comprising only of women, for whom she is the sole bread-winner. They have two meals a day, either breakfast or lunch, and then diner. The hens they keep provide eggs that they use to earn an extra income as well as provide food for the children. I am unable to ask her many questions due to my lack of Tamil knowledge, and the interpreter being a man who decides what needs to be asked from Indrani and what he needs to censor. Unfortunately my dependence on his judgement on my access to information prevented me from gaining more information from them.

Indrani has previously had a small shop which had failed because people to whom she offered rations on credit failed to pay back. Now she earns her living through her vegetables.  I ask her whether there are any attacks by animals on her crop. She points to Kusalini and laughs. She says Kusalini find it a hobby to pull out plants. Her solution: A fence tall enough to block Kusalini access to the plot of land, and short enough for her to enter the land.

fence

Hopes for the Little Ones

indrani and family

As I pack to leave, and her grandmother gets ready to pick go her, the other grand-daughter who is 7 arrives. She has walked all the way home, and I am impressed given that my parents would have had a heart attack had I done that at 7 (They had decided to send me to school in a van even when it was 3 junctions from home.) She joins her family in observing the newcomers, and trying to grasp what was happening around her.

I ask the two elders what they want for their children. Indrani and Lojini both want the kids to be government employees when they grow up. They think that is the most stable profession. Lojini wants Kulini to become a teacher, she says it is a “good and dignified job”.

Not having much to offer to the child, and knowing that offering money as a parting gift would probably have a negative impact on what I was trying to build here, I offer Kusalini and her cousin the food I carried with me. She likes the red coloured wrapper and decides she finally likes me.

A Woman’s Role

I tell the interpreter that I have a son who is the same age as Kusalini, and he asks, “Where is your son now?”

I answer that he is with my parents as I am in Wakarei for work.

He tells me, “You are no different!”

I look at him understanding that he and I come from different opinions. I believe in a woman’s education and being able and empowered to make decisions, to work and earn a living to ensure that her children have their meals and are educated without depending on anyone else.  For him it seems the woman’s role is to be with the children at all times, even if they are to starve. However trying to make sense with him at that point did not seem the best decision. So I leave thanking the education received which had enabled me to make decisions on my own, and strive for better, which was less available to Lojini.

I leave hoping that Kusalini would not be hindered to reach higher and follow her dreams, that one day would have options in life just like my Akashiv does, not withstanding her gender, nor ethnicity. And I hope she gets access to education which would enable her to become what her mother dreams she would be, or anything else she aspires to be.

Colombo Port City Project: A Threat to Sustainable Development?

03 Tuesday Mar 2015

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Tuesday, 3rd March 2015, environmentalists and took to the roads in protest of the Colombo Port City Project. One of the many projects of the Rajapasksa government, and one that has been used freely by President Sirisena’s election campaign days, the project is planned on 252 hectares of reclaimed land in Colombo. This land (if the project is carried as per plan) will include shopping areas, water sports area, a mini golf course, hotels as well as a Formula one track. The project by China Communications Construction Co Ltd would also create way for a 3.25km long breakwater and a large internal artificial canal in the city. The work on the project commenced 17th September 2014. The city is expected to cover an area of 5.2 million square metres and have the capacity to hold 160,000 people.

(C) Wikipedia An artists impression of the Colombo Port City

(C) Wikipedia
An artists impression of the Colombo Port City

Permission for the Project

Information available provide that the approval for the project was granted by the Standing Cabinet Appointed Review Committee (SCARC). The Coast Conservation & Coast Resources Management Department has issued final approval for the EIA pertaining to the Port City Development Project in October, 2014.

In addition to this, an Environmental Management Plan (EMP) has also been submitted by China Communications Construction Company, as per the requirements of the Environmental Impact Assessment, and has been approved by the Coast Conservation & Coast Resources Management Department in December, 2014. However it is argued that this EIA report is not abiding by the required standards, and is only for the reclaimed area. It is also alleged that it does not reflect the amount of resources such as sand, rock that is needed to fill the area nor an explanation as to where these resources will be found.

EIA Violations

While it is repeatedly stated that there has been an EIA process, which allowed for the commencement of work on the project, what has been not highlighted is the fact that there is a lot of information which has not been made public. Further there has not been enough information for public participation form of active engagement of the public.

The EIA process is laid down under the National Environment Act No.56 of 1988, amended in year 2000 as Act No.53. It is further prescribed in the Gazette No. 772/22 of 24.06.1993. The process includes the steps of the project proponent submitting preliminary information to the Central Environment Authority (CEA), which would then decide whether the project could be carried out with an Initial Environment Examination (IEE) or whether there is need for a further EIA. For projects underdoing this process, there is also a mandated 30 days for public consultations requiring the  project proponent to respond, before approval is granted. However whether this requisite has been satisfied concerning the port city project remains ambiguous.

Another addition to the doubts of the validity of the EIA is based on the data which vary. There are further allegations that the report covers only 300 acres, whereas the port city expands to over 500 acres. The project is also deemed to create issues to marine biodiversity which will be impacted by the rock blasts as well as the large construction activities carried out. In addition to this, there is also a large amount of water needed for the contruction on a daily basis, which amounts to around1,000 cubic meter of water per day. However where the water shall be provided also is remains unanswered.

Threat to Sustainable Development

While to world speaks of sustainable development goals which need to satisfy three pillars of social, economic and environmental development, the Colombo Port City project seems a blatant violation of the concept. Articles 27(14) and 28(f) of the 1978 Constitution could be interpreted as enshrining the principle of sustainable development in its Directive Principles of State Policy and Fundamental Duties. These impose duties on the State as well as every individual to protect the environment [Articles 27(14) and 28(f)]. Further in the Eppawala Phosphate Mining case [Bulankulama v. Secretary, Ministry of Industrial Development (2000) 3 Sri. L.R. 243], it was stated that while international legal principles are not legally binding in Sri Lanka’s dualist legal regime and are regarded merely as ‘soft law’, as a Member of the United Nations, they could hardly be ignored by Sri Lanka.

The prevalent legal regime also provides that environmental protection needs to be considered as an intergral part of the development process to achieve sustainable development.  However the environmental impacts of the project highlight that these principles for sustainable development have been ignored when adopting the port city project.

Environmental Impacts

Environmentalists claim that the proposed project if done without a proper assessment will adversely impact the western coastal line including Panadura, Angulana, Mount Lavinia, Uswetakeyyawa and Negombo. This is due to the filling of sea area that would lead to coastal erosion, altering the marine biodiversity.

Sand, rock, and debris dumped into the sea would also impact the natural coral formations, weeds in the sea bed leading also to a depletion of mangrove coastal areas as well as sea grass habitats.

Further doubts exist whether there is enough sand in offshore deposits to satisfy the need for reclaiming land. And concern has ben raised on the need for a study to evaluate the impacts on the marine life due to the exaction of sand.

In addition to this, there are also other environmental threats. One being the pollution of air which the project would create, sweeping pollution to the Colombo city through the sea breeze, as well as threats on resources such as water due to the large supply of water needed for the construction (does the Kelani basin have the capacity to support this?) as well as the supply for energy needs. Where would the large energy supply needed for construction come from?

Energy for the Project

The government on its path to an energy secure Sri Lanka is shifting to a huge project needing a grand supply of energy, which would necessarily be able to fulfilled with the current energy supply. While we need more energy supplies that are not fossil fuel emitting (despite the coal power plants which generate energy for the country at present) a shift to a large project such as the Port City Project would require an immense supply of energy for its construction work, as well as its maintenance when finalised.

The presidential manifesto of President Sirisena highlights a phasing out of fossil fuels and leading towards a renewable energy based energy security. Would this resolution of the new government be compatible with the energy needs stemming from the project? Has there also been an evaluation of the emissions created due to the project, and how much fossil fuel will be used for this project impacting the already serious situation of global warming?

Access to Information on Development Projects

Another key deliverable promised by President Sirisena’s election manifesto is the access to information on development projects. Information on the port city project remain ambiguous. It is not clear whether cost provided as $15 billion is only the cost of reclaiming the land, or whether it encompasses the cost of construction of utilities and buildings as well. This is not the only remaining doubt, the figures for the extent of land to be reclaimed is also featured differently. There is clarity needed on the numbers and public needs to be provided access to this data.

Access to information to the public is at the heart of the EIA process as well. Upon receiving the EIA report, the project approving agency is required to publish a notice in the Gazette and in one national newspaper published daily in the Sinhala, Tamil and English languages. This is to facilitate the public to make written comments within thirty days if there are concerns regarding the proposed project. The level of public participation and access to information to the public regarding the port city project remains unclear. In the Water’s Edge case (Sugathapala Mendis and Others v. C B Kumaratunga and Others, SC (FR) 352/2007, Supreme Court Minutes 8th October 2008.) it was further noted that “the mere fact that the various environmental authorities said the project could be done, does not in itself suggest that it should have been done.

Expert Committee and Conflict of Interest

A Cabinet Sub Committee headed by Prime Minister Wickremesinghe has been appointed in order to address the concerns raised about the project. The Committee is to decide on the continuation of the project after studying a report which will be prepared by an independent expert committee. The expert committee is headed by Mr. Ajith de Costa.

Foul play in the expert committee is already highlighted by environmentalists. While not contesting the ability of the experts, there is concern based on conflict of interest of one of the members of the committee. This concerns the appointment of Prof. Samantha Hettiarachchi of Moratuwa University who is also claimed to be a consultant to the China Communications Construction Company Limited (CCCC), the project proponent of the Colombo Port City. If what the environmentalists claim are grouded, then this would be a conflict of interest whereby an individual is linked to the body on which an assessment is conducted. It is further added that the Prof Hettiarachchi was also the team leader of the  EIA, of which the validity is challenged.

Whither the Election Promises?

One of the promises made by the new President during the elections has been to address the concerns raised over the  USD 1.5 billion China-financed Colombo Port City project. One month into the project, one wonders whether the promises shall be kept or broken.  The promise by the President was due to protests by environmental lobbies and  people of Negambo, which demanded the abolition of the Colombo Port City project.

Many nature groups have already handed over a petition to the Human Rights Commission of Sri Lanka (HRCSL) calling to put a stop to the project based on the human rights violations caused by it. The petitioners included environmental groups, fisheries organisations as well as religious representatives. The petition was filed by the Sri Lanka Nature Group, Environment Conservation Trust and Centre for Environment Studies representing environmental groups, Trade Union for fisher folk representing the fisheries associations, Movement for National Agriculture Land Reform and Mothers and Daughters of Sri Lanka representing the civil society and religious representatives.

Is Nuclear Energy the Best Move for Sri Lanka?

21 Saturday Feb 2015

Posted by in Climate Change, Features

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President Sirisena during his first official visit since becoming President, entered into a bilateral on nuclear energy with the Sri Lanka’s neighbour India. The bilateral agreement signed on cooperation in the peaceful uses of nuclear energy 16th February 2015, envisages transfer and exchange of knowledge, expertise as well as capacity building and training of personnel on several areas relating to the use of nuclear energy. These include basic and applied research in the peaceful uses of nuclear technology, production and utilisation of radioactive isotopes for use in industry, agriculture and water management, nuclear security, treatment and management of radio wasters as well as the use of radioactive isotopes for health care including nuclear medicine.

The discussions  on this cooperation began with India as early as 2012, with three additional bilateral consultations between the two countries held 2014. All activities under this agreement is expected to be in complying to standards and guidelines set by the International Atomic Energy Agency (IAEA). Further, it is expected that the Sri Lankan government will reach out to other countries in it’s use of nuclear as an energy source, and an MOU has already been signed by Sri Lanka with ROSATOM, a Russian state owned atomic energy company while another is said to be ready for signing with Pakistan to establish cooperation for the development of nuclear applications.

New Policies for Nuclear Energy

Using nuclear energy in Sri Lanka will be governed by the Atomic Energy Board (AEB) of Sri Lanka, a statutory body functioning under the Ministry of Power and Energy and established by the Sri Lanka Atomic Energy Act No.40 of 2014. Its mandate includes fields that can make a significant contribution to the development of medical, agricultural, industrial, as well as energy and environmental sectors in Sri Lanka.

November 7th, 2014 the law establishing the Atomic Energy Authority (AEA), the Sri Lanka Atomic Energy Authority Act, Number 19 of 1969, was repealed, and the Sri Lanka Atomic Energy Act, No.40 of 2014 was adopted. This established two institutions: the Sri Lanka Atomic Energy Board and the Sri Lanka Atomic Energy Regulatory Council. The Act also empowers Sri Lanka Atomic Energy Board (AEB) to carry out activities to promote and encourage the use of nuclear science and technology for national development purpose. And the Atomic Energy Regulatory Council is set up for the regulation of practices involving ionizing radiation, the safety and security of sources and the Non- Proliferation of nuclear weapons and the safeguards.

Use of nuclear power is permitted only for beneficial and peaceful applications of nuclear science and technology in health, industry, environment and agriculture, for national development within Sri Lanka.

nuclear

Safety Measures?

While nuclear energy is without fossil fuel emissions it has its own demons. One of these being the risk it poses in case of an accident, as well as the question of disposing waste.

The task of ensuring protection from these is allocated to the  Sri Lanka Atomic Energy Regulatory Council. This includes adequate protection of individuals, society and the environment now and in the future, against the potentially harmful effects of ionizing radiation, for the safety and security of radiation sources. This is to be achieved through the establishment and maintenance of a regulatory control system, including the adoption of standards, licensing system, inspection and enforcement to govern all practices involving ionizing radiation.

Restriction of nuclear power for the use of peaceful and beneficial means ensures that Sri Lanka fulfills its international obligation under international instruments in the field of nuclear energy, including that of the Treaty on the Non-Proliferation of Nuclear Weapons and the Safeguards Agreements.

No to Nuclear

While nuclear energy is without fossil fuel emissions, incidents of the past such as the Chernobyl disaster is a souvenir that when things go wrong with nuclear energy, they go really wrong. in the Chernobyl incident there were thousands of deaths, with an estimated cost of the consequences of that accident at 350 billion dollars. The accident has further caused permanent contamination of food and water leaving behind consequences that are faced even today. Prior to putting up a nuclear plant it will be necessary to check the protection which is prepared, and the risk assessment of a potential accident, how it would impact the people and country’s environment, as well as how the country has the capacity to address such an issue.

In addition to this, radioactive waste generated through a nuclear plant is also an issue that needs to be addressed. Radioactive waste is highly dangerous, and has impacts such as causing cancer and genetic mutation. This again highlights the need for a clearly planned process of on where this radioactive waste will be dispatched, and what will become of it.

Clean Energy Not Risky Energy

Addressing energy issues can deliver long-term benefits only if they focus on reducing impacts on the environment, and not merely displace humanity’s damaging impacts on the environment. Nuclear energy is still unsafe – for both humans and nature which highlights the great need to address the energy issues based on renewable energy and not nuclear energy.

With the risks that nuclear energy poses, replacing fossil fuel based energy sources with nuclear energy is only a way of replacing one fundamental environmental problem with another. The dangers that result through use of nuclear power is visible from history, which is not too long ago as well from examples such as accidents at Chernobyl, Russia, in 1986 and at Tokaimura, Japan, in 1999.

Invest in Renewable Energy

President Sirisena’s election manifesto speaks of a shift to renewable energy. And the implementing of this policy would be a solution which is long term than the nuclear plants which will be put up in the country.

A shift to nuclear energy can be seen as not the best solution on economic grounds as well, on general terms. Investment in a nuclear plant can divest the money that could be invested in renewable energy which would be a better solution to the energy crisis in the longer term. Nuclear energy provision could add up additional costs as well, which include an opportunity cost that is even bigger than the actual investment, need to maintain large power grid systems, displacement of investment in more efficient small-scale power supply and energy services.

With the risks above highlighted, and the impacts on the economy it is obvious that nuclear power is not the best solution for Sri Lanka to address energy issues which will cut the impacts on global warming. The solution needs to be renewable energy, and investment in that sector with the objective of phasing out on fossil fuel dependency of the world.

Single Parenting: For the Love of a Child

20 Friday Feb 2015

Posted by in Features, Random Moments of Life

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Are you a single parent? Have you gone through years of trying to make ends meet with your priorities tilted towards your child and then be judged by people who think they know what is best for you, try to boss you, and think they know what’s better for you then you do, and also try to exploit you? Then you know what I am speaking here. (More of these might ring better with those mums living in the South Asian region.)

(C) Umanga Samarasingle

(C) Umanga Samarasingle

Dealing with motherhood

You have a kid. You know how the drill goes. People are happy. Everyone wants to see the kid, comment on the kid, get to know what your plans are for the kid. They would tell you how much the kid looks like the father, one of those things you wish they could shut up on, and they would not. In the midst of the big twirl of those who pop in and pop out to see “the kid” you lose track of time, and reality hits only when immediate festivities over. You are with a kid for whom you are to fend, and need to figure out how to spend enough time between your child and the money venture which will ensure that he is not starved. You have no time to sit and think of what just happened in your life, why you are stuck to deal with most of the drama of bringing up a kid on your own (if you did not plan for it, and expected for your partner to be there in the process) but you know you will manage. (Even if you do not thinking you would sure makes a better choice.) You would take up a job that seems decent enough (you cannot be picky as you used to be) and then try to finish up the work and put up with shit you never would have put up. Feeding and clothing your child has become your priority, and you forget most of the rest. All the idiots who come with it, and the bullshit you need to put up with. You have become a mum, a single mum at it!

Putting up with shit

You are usually not the type to put up with anyone’s shit. (Probably why you decide to become a single parent and not to tolerate your partner giving you shit.) But that life style on other fronts in yoru life seems to have changed. You will find yourself working without contracts, without pay on time, with people giving you shit over god knows what. You decide your career becomes based on whether you are capable of taking care of the child. In the process of doing that you try not to lose track of what you believe in, not to lose yourself, and not to end up in jail by killing someone. So in the process you realise Buddha would have been proud of you if he were around: All that patience and tolerance (though you aren’t necessarily one of his disciples) and you find your friends asking you “why are you in a Buddha mood?” You wish to reply with many reasons, but instead you choose to smile. You go into your deep trance of I don’t give a fuck, and realise you have so much endurance when you see some people alive in front of you and talking rubbish away. You name putting up with shit with a better term: patience!

Shopping lists filled with diapers

If you ever were one to make shopping lists, then your lists would be completely different. If you were never to make one and were the spontaneous one, then you have started to believe in lists. Spontaneity seems a relic of late when it comes to your shopping. Your list is filled with baby products, kids products or even teen products depending on how old your kids are, and you become an expert in mind calculations. You know exactly how much you have spent as you spend it at the super market. (The older version of you would have been surprised that you had a clue as to how much you had in your account.) Your purchases for you are calculated, decided with care while you will still have some busy body asking you how you manage to spend so much money on yourself with a kid to be taken care of. You smile with all the desire to stick a sock down that person’s throat without doing that of course. (Older version of you would have been so proud of you!) You smile, walk away thinking of that new way to put up with shit called practicing patience.

Everyone is an expert at bringing up your kid

Everyone seems to know what to do with your kid better than you do. They would advise you on what to call your kid, what to feed your kid, how to dress your kid. In short how to bring up your kid. They will tell you how much time you need to spend with your kid and money does not make children happy. You wonder whether they think you are stupid, or they are smart or whether they intend to feed your kid when you decide to quit work and stay home with the kid. You think of all the money you could have spent on socks which should have been stuffed in these mouths, and decide it would be under that list of things that would not be featured on the priority column on your shopping list. You decide to put them on mute mode, nod your head hoping you nod it at the appropriate time and switch off. Bliss!

Everyone is an expert on what you should do

You think they would know better on what you need to know with the kid. Oh NO! They know what you need to do with your life. When to date, not to date, to marry or not to marry. You have so many people having opinions on even what you should wear or not, that you probably could put up a poll every time you decide on something in your life. It would have been an interesting venture too, and helpful in social analysis. I should start doing this for a change, and see how many blogs I could write based on people’s polls on what I need to do with my life. A new thought, actually this should constitute cheap entertainment given the financial difficulties of going out for constant amusement with the prices of diapers sky-rocketing these days.

Dating. Hold on, you said “dating?”

You have lost the notion of what constitutes dating. Dating might not be a fun affair, nor something easy going. It becomes part of life analysis. Would you waste a few moments with a man who is not going to play any role in your life? You probably would not because you would rather stay home and play with your kid. Coffee or any meal spent on anything not worthwhile (of course you have your own judgement and what not constitutes worthwhile) is a waste. So dating becomes not the easiest thing you realise. And you even try to define what dating is, what the other person thinks dating is, and realise most men have no clue what they are doing even at the age of 60! You honestly hope you would not be that clueless when you reach that age, or wonder whether you would be that good at playing clueless at that age. (For those wondering whether I dated a 60 year old, no I have not. At least not yet. Maybe when I am 55 or 62, who knows. Always leave my options open. This has been the better choice in life.) On top of all that you have a kid sometimes who hate your date, and goes “No no naughty uncles!” or you have one who wants to know why the play mate is lost when you calls dating off. Too much drama, you most likely decide not to date anyone for a while. Just to give a break to your brain. Too much analysis and putting up with shit on many fronts could be bad for it.

d2

The list could be longer. But I think you get the drift. Then again you know it’s all worth it when you see your child and he/she smiles. Mummy can be there hero, the one who is around at least at night or few hours and makes sure that life for them is as comfortable as it can be on any level of life that any single parent reading this lives on. You decide to smile for the world, for your child and yourself and move on. Because life moves on be it whether you are single parent, a married parent, or a parent at all!

A Negotiating Text for 2015 Climate Agreement Reached in Geneva

13 Friday Feb 2015

Posted by in ADP 2015, Climate Change, Features

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Delegates from 194 countries who gathered in Geneva  for a week long process of climate negotiations will return home with a negotiating text for the 2015 Climate Agreement which is set to reach in Paris end of this year, and to come to effect in 2020.  

With the 5th Assessment Report of the IPCC highlighting the need for immediate actions to address climate change, the negotiators discussed ways to accelerate action on climate change before 2020. They started to outline ideas on a possible pre-2020 actions that will be decided in Paris. With floods and droughts to hurricanes, typhoons and heat waves, the impacts of climate change are felt they have been ever before. This in turn highlights the need all all over the world. Negotiators, ministers, and national leaders to actively engage with each other in the months ahead to get the strongest deal possible in Paris.

Progress Made

“I am extremely encouraged by the constructive spirit and the speed at which negotiators have worked during the past week,” said Christiana Figueres, Executive Secretary of the UN Framework on Climate Change (UNFCCC).

“We now have a formal negotiating text, which contains the views and concerns of all countries. The Lima Draft has now been transformed into the negotiating text and enjoys the full ownership of all countries,” she added.

Speaking on the process of reaching this end in Geneva, Figueres said, “The text was constructed in full transparency. This means that although it has become longer, countries are now fully aware of each other’s positions.”

The Negotiating Text

The text that is to be used as the ground for negotiations for the 2015 Agreement covers the substantive content of the new agreement including mitigation, adaptation, finance, technology and capacity-building. While there were divergences on certain matters, the countries worked together in order to identify the main choices

The text will be edited and translated into the UN’s official languages, after which the text will be communicated to the world’s capitals by the UNFCCC secretariat in the first quarter of 2015 which would respect the internationally-accepted timetable for reaching a possible treaty because it alerts capitals to the fact that a legal instrument could be adopted in Paris.

A Legally Binging Agreement in Paris?

The mere fact that the negotiating text is finalised does not ensure that there will be a legally binding outcome reached in Paris.

Speaking on this possibility, Ms Figueres said, “It does not, however, set this possibility in stone – it merely opens the door for this possibility. As for the legal nature of the agreement, this will only be clarified later in the year,” Ms. Figueres explained.

“Our view is that a legally binding protocol under the convention that is applicable to all Parties, and in line with keeping global temperature increase to below 1.5 degrees Celsius, is the best way to achieve that objective. We certainly have our work cut out when we convene again in June, but we have made important progress here, and AOSIS is committed to working with all parties, groups, and the ADP co-chairs to transform the negotiating text into an ambitious agreement in Paris,” said Ambassador Ahmed Sareer, the Maldives’ Permanent Representative to the U.N. and Chair of the Alliance of Small Island States (AOSIS)

Next Steps

The negotiating text is not a narrowed down text, and has many options proposed down by country Parties. This requires that the negotiators to narrow down options and reach consensus on the content. Further work on the text will continue in Bonn in June, and two more formal sessions (with many other informal sessions being held) planned for later in the year ahead of the Paris climate negotiations.

In addition to the meetings of the United Nations Framework Convention on Climate Change, there will also be ministerial-level meetings throughout the year that will include climate change on their agendas, among these being the Major Economies Forum; the Petersburg Climate Dialogue and the African Ministerial Conference of the Environment with the upcoming G7 and G20 meetings affording further political engagement on climate change and the Paris agreement.

Climate Change: Not a Stand-alone Issue

Observing climate change impacts across the globe point to the fact that addressing climate change cannot be a stand-alone action. It overlaps with many other aspects such as economy, human rights and development. In 2015 given the key actions that converge it is important that countries work on building links to elements of developmental agenda, and treat climate change as a key issue which would impact the country’s growth.

“We leave Geneva with a lengthy text to work on in the coming months, but it importantly reflects the views and enjoys support from all Parties. As representatives of some of the countries most vulnerable to climate change, including total inundation from sea level rise, our primary motivation is to make sure the global community moves as quickly as possible to cut the emissions responsible for climate change, and provides the support necessary to help vulnerable communities build sustainable futures and adapt to climate impacts that can no longer be avoided,” said Ambassador Sareer.

The countries will convene in Bonn, in June where the next formal negotiations on the climate Agreement will be held.

 

What Happens to Animals or their Rights in Sri Lanka?

02 Monday Feb 2015

Posted by in current updates, Features

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(C) Creative Commons

(C) Creative Commons

Today I was woken up to the howling of a poor puppy who the neighbour had decided to adopt by picking it off the street. The animal was probably days old and the mother of the puppy having spent a day walking around the wall as its pup howled trying to find its mother from a cage he was unfamiliar had decided to lie on the road helpless, with no custodial rights over its pup (now that would unimaginable, a dog to have rights?) while the whole neighbourhood listened to the crying which went over night, and then to the morning as well.

Many assumed that the poor animal was locked up and the wonderful neighbour had gone out for a walk. But on giving them a call I find that they were in the house, and was quite courteous enough to rudely hang up the phone on me. I try to dig out my law books to find out where the animal rights would be protected in this country, though not very hopeful having read a bit on it last night and realised that it most likely would not be much of help. And as usual like many other things in this land the direction is clear: treating animals humanely seems to be something that needs to be added to the country’s list of “to-dos” though we claim we are a very compassionate land where we treat everyone with dignity (everyone not every being of course, which excludes animals).

Me being the not going to courts lawyer, I call up a friend who works for the Attorney General’s and ask him what might be the best move in this situation to ensure that the poor animal be released from this suffering. He advises me to file a complaint on nuisance. His theory being: the police would have to come and check on it, and if the animal is being a nuisance with its howling, then the howling would be stopped. Though my expectation was not to prove that the dog was a nuisance, (rather that my neighbours were inhuman) I realise that most of us in our legal education had skipped studying the section on animal protection in detail.

I started writing an article with the law and its efficiency on not addressing this issue, but then on reading a bit more realise that it is not necessarily the nonexistence of the law that prevents animals from being protected, but the oblivion of its implementation. To do justice to the cause, I think I will be writing a bit on animals and their rights in the coming days, that too with a bit more legal analysis than this article would have carried had I just typed it out from my few hours of reading last night.

My next few days (be it in this land, in transit or some other land) will be about getting a few people together who might be interested in this topic, if you are reading this and are a person who had done a bit of thinking on animal rights protection and legal reform, do drop a comment. Your opinions are most welcome, (constructive ones of course).

PS. I am not a tree hugger, nor an animal hugger. But I do believe that animals are not in the world to carry humans, and be tormented for insecurities and psychopathic disorders that humans possess (this would bring me to write on another issue which is on mental health which would be for a different blog post I think).