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CEJ’s landmark legal battles reshape Sri Lanka’s environmental justice landscape
In a country where environmental destruction, political interference and weak enforcement have often overshadowed conservation efforts, the Centre for Environmental Justice (CEJ) has emerged as one of Sri Lanka’s most formidable legal defenders of nature.2
From the catastrophic MV X-Press Pearl Disaster to the destruction of the Wilpattu National Park ecosystem, CEJ has consistently used the courts to challenge environmental crimes, state negligence and corporate irresponsibility, securing several landmark judgments that have transformed the country’s environmental jurisprudence.
Speaking to The Island, CEJ Executive Director Dilena Pathragoda said these legal victories were not merely courtroom successes but historic interventions aimed at safeguarding the rights of future generations.
“Environmental litigation is not only about protecting forests, rivers or wildlife. It is fundamentally about protecting people, public health, livelihoods and the constitutional rights of future generations to live in a safe and healthy environment,” Pathragoda said.
Among the most consequential legal actions spearheaded by CEJ was the litigation surrounding the X-Press Pearl maritime disaster, regarded as Sri Lanka’s worst marine environmental catastrophe.
The Island, which was among the first newspapers to consistently highlight the gravity of the X-Press Pearl environmental disaster and its long-term ecological consequences, closely followed the legal battle that eventually resulted in a landmark compensation ruling.
The Singapore-flagged cargo vessel caught fire and sank off Sri Lanka’s western coast in 2021, releasing massive quantities of hazardous chemicals, microplastics and pollutants into the Indian Ocean, devastating marine ecosystems and fishing communities.
Pathragoda noted that the Supreme Court’s direction for compensation amounting to nearly USD 1 billion marked a turning point in Sri Lankan environmental law.
“For the first time, Sri Lanka robustly applied the internationally recognised ‘Polluter Pays Principle’ in a manner that sent a strong signal to multinational corporations and shipping operators that environmental destruction carries enormous legal and financial consequences,” he said.
Environmentalists say the ruling significantly strengthened accountability standards for transboundary pollution and maritime negligence.
Wilpattu judgment becomes watershed moment.
The CEJ-led litigation over the illegal clearing of forests adjoining Wilpattu National Park is widely regarded as one of the most powerful environmental rulings in South Asia.
The controversial clearing of the Marichchukaddi forest reserve for settlement purposes triggered widespread outrage among conservationists and scientists.
According to Pathragoda, the judgment established that politically motivated environmental destruction could not be justified under any circumstances.
“The court recognised that no authority, regardless of political power, has the right to destroy protected forests in violation of environmental laws,” he stressed.
In a landmark directive, the Court of Appeal ordered reforestation of the destroyed lands and held responsible state actors personally accountable for restoration efforts.
Legal analysts described the ruling as a major advancement in public trust doctrine and environmental accountability in Sri Lanka.
CEJ also played a central role in challenging controversial government attempts to legitimise the possession of illegally captured wild elephant calves through relaxed registration regulations.
The organisation argued that the gazette notification undermined wildlife protection laws and effectively rewarded wildlife traffickers.
“Sri Lanka’s elephants are part of our national heritage and ecological identity. Weakening protections for illegally captured elephants would have legitimised wildlife crime,” Pathragoda said.
The resulting court intervention became a significant legal safeguard for wildlife conservation and strengthened enforcement against illegal wildlife trade networks.
The deadly Meethotamulla Garbage Dump Collapse disaster also became a defining moment for environmental litigation in Sri Lanka.
CEJ had long warned authorities about the dangers posed by the uncontrolled garbage mountain in a densely populated residential area.
After the catastrophic collapse that killed dozens of residents, legal proceedings intensified scrutiny on failures in waste management governance.
Pathragoda said the tragedy demonstrated the devastating human cost of environmental negligence.
“Environmental justice is inseparable from social justice. Poor communities are often forced to bear the heaviest burden of pollution, waste and environmental mismanagement,” he observed.
The case helped reinforce the principle that improper waste disposal and environmental negligence can amount to violations of citizens’ fundamental rights.
CEJ also gained international attention through its legal challenge against the illegal importation of hazardous waste containers from the United Kingdom.
Hundreds of containers containing clinical and mixed waste had been brought into Sri Lanka in violation of international environmental conventions and domestic regulations.
The legal action ultimately compelled authorities to ensure the waste was returned to the country of origin.
“Sri Lanka cannot and must never become a dumping ground for toxic waste generated by wealthy nations,” Pathragoda asserted.
Environmental observers said the case strengthened Sri Lanka’s standing under the Basel Convention and reinforced national sovereignty in environmental governance.
Pathragoda believes Sri Lanka’s environmental litigation landscape is evolving rapidly, with courts increasingly willing to intervene where environmental harm threatens public welfare.
However, he warned that environmental destruction continues at an alarming pace due to weak enforcement, political patronage and short-term economic priorities.
“The real challenge is not the absence of laws. Sri Lanka already possesses many strong environmental statutes. The problem lies in implementation, political interference and the lack of accountability,” he said.
He added that CEJ would continue pursuing strategic litigation to protect forests, biodiversity, marine ecosystems and vulnerable communities.
“Every environmental case we file is ultimately about ensuring that future generations inherit a country that is still ecologically alive,” Pathragoda said.
He noted as climate risks intensify and ecological pressures mount, CEJ’s courtroom battles are increasingly being viewed not merely as legal contests, but as critical struggles over the environmental future of Sri Lanka itself.
By Ifham Nizam
Latest News
Prime Minister joins Gandhi Jayanti Commemoration
[Prime Minister’s Media Division]
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
News
Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
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