Abstract:
This research is a case study of Muthurajawela sanctuary in
Gampaha District. In background of the fundamental rights case
filed by the people of Muthurajawela area and the order issued by
court banning the complained illegal activities, the researchers
have been encouraged to study on the level of protection of
wetlands in Sri Lanka. The objectives of research are identifying
the causes, forms and impacts of illegal utilization of wetlands,
examining the lacunas in existing laws and propose appropriate
reforms to laws and policies. The research involves qualitative
method including observation in the vicinity of Muthurajawela
sanctuary, interviews with affected people, environmentalists,
lawyers, government and non-governmental institutions, and
analysis of constitutional provisions, legislations, case laws, books,
scholarly research publications, journal articles etc. This research
highlights the weakness regarding protection/management of
wetlands in Sri Lanka despite the existence of number of laws and
policies. The research identifies the lacunas in legal framework
and reasons for non-effective implementation of laws. There is no
separate legal mechanism for wetland management in Sri Lanka
however number of existing laws and policies adequately cover
the matters relating to wetland management, National
Environmental Act covers the environmental quality and
management. The laws and policies could not provide a better
solution for the threats faced by wetlands; National Environmental
Act could not alone take on wetland conservation. A separate
updated legal framework is to be introduced and operationalized
in Sri Lanka.