THE LEGAL RESPONSE TO ILLEGAL UTILIZATION OF WETLANDS IN SRI LANKA -A CASE STUDY OF MUTHURAJAWELA MARSH – NEGOMBO ESTUARY

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.