Project Report

Environmental Law – LWU3314/LLU5811 (2022/2023)

Sustainable Practices and Legal Pathways

to Bellanwila-Attadiaya Wetland
Conservation

Open University of Sri Lanka

 Abstract

This project report provides a thorough exploration of wetland conservation, covering historical
evolution, international strategies, and legal frameworks. Focusing on global initiatives and Sri Lanka's
context, the study underscores the vital role of wetlands in addressing contemporary challenges like
climate change and biodiversity decline. It analyses key international instruments such as the Ramsar
Convention and evaluates Sri Lanka's commitment to wetland conservation.

Examining the nation's legal framework, the report identifies challenges in implementation and stresses
the need for improved coordination. A comparative analysis of global and Sri Lankan initiatives
highlights similarities and differences in governance structures and enforcement mechanisms. The
report concludes with recommendations, addressing issues in legal enforcement, capacity building,
public awareness, and coordination to enhance Sri Lanka's wetland conservation efforts. It emphasizes
the importance of collaborative actions among government, civil society, and the private sector for a
sustainable future.
 Table Content

1. Introduction ............................................................................................................................................. 1
1.1 Methodology.......................................................................................................................................... 1
1.2 Overview of Wetlands ............................................................................................................................ 1
1.3 Significance of the Wetland Selected for the Project ............................................................................... 2
2. Bellanwila-Attidiya Wetland and Its Background ...................................................................................... 3
2.1 Analysis of Community Perception on Ecosystem .................................................................................. 5
2.2 Observations of the Field Visit ............................................................................................................... 5
2.3 Services provided by Bellanwila-Attidiya Wetland ................................................................................. 8
2.4 Values of Ecosystem .............................................................................................................................. 9
2.4.1 Marketable Values ........................................................................................................................... 9
2.4.2 Non-Marketable Values ................................................................................................................... 9
2.5 Advantages and Disadvantages of Converting to Other Usages ............................................................... 9
3. Mitigating Ecosystem Decline: Integrated Conservation Strategies for Bellanwila-Attidiya Wetland ....... 10
3.1 Ramifications of Ecosystem Destruction .................................................................................................. 10
3.2 Preservation Strategies: Safeguarding Ecosystems through Sustainable Measures..................................... 11
4. Global Initiatives for Wetlands Protection: International Level Policies and Strategies ............................ 12
4.1 Sustainable practices and legal pathways in other countries .................................................................... 15
5. Examining Sri Lanka's Legislative Landscape: Policies, Strategies, and laws for the Conservation and
Sustainable Management of Wetlands ............................................................................................................ 18
5.1 Evolution of Legal and policy Initiatives Wetland Protection in Sri Lanka ............................................ 18
5.2 Wetland Conservation: Current Status and Future Prospects ................................................................. 20
5.3 Statutory Framework for the Conservation and Oversight of Wetlands .................................................. 20
5.4 Comparation of local and Global Wetland Conservation Initiatives ....................................................... 23
6. Conclusions and Recommendations ........................................................................................................ 23
7. Bibliography .......................................................................................................................................... 25
 Table of Table & Figures

Tables
Table 1: Conversion of the wetland between 2005-2009 ................................................................................. 4
Table 2: Conversion of the wetland between 2009 – 2015 .............................................................................. 4
Table 3: Analysis of community perception in relation to conversion of the wetland ....................................... 5
Table 4: Important Statues for Wetland Conservation and Management in Sri Lanka .................................... 22

Figures
Figure 1: Map of the Study site (Source: Adopted from the G Mudiyanse and others, 2022) ........................... 3
Figure 2: Bellanwila – Attidiya Wetland Sanctuary for the period (a) 2005 (b) 2009 (c) 2015 ......................... 4
Figure 3 View of the Extent of Wetland from Its Boundary........................................................................... 6
Figure 4 Bird Nesting Areas and Aquatic Plants ............................................................................................ 6
Figure 5 Public Park and the Water Canal ..................................................................................................... 6
Figure 6 Wetland Marshes with Bushes and Plants ........................................................................................ 7
Figure 8 Unauthorized Land Filling and Constructions on the Banks of the Canal ....................................... 7
Figure 7 Noticeboards Erected by Authorities ............................................................................................... 7
Figure 9 Garbage Dumbed in the Wetland ...................................................................................................... 8
Figure 10: Nene Park at Ferry Meadows – UK ............................................................................................. 16
Figure 11: Waste Disposal at Nene Park ....................................................................................................... 17
1. Introduction
Project report on a selected ecosystem is a significant and partial fulfilment of the Environmental law
subject in level 5 of the Batchelor of Laws degree at Open University of Sri Lanka. This project team
has selected wetlands for the project report, as in the current context, these ecosystems has gained
national level attention for numerous reasons from degradation to public encroachment to biodiversity
significance. Hence, the team focused on Bellanwila-Attidiya wetland for this report.
For this study following objectives to be achieved.
 Investigate global-level sustainable practices for wetland conservation and management.
 Examine legal pathways related to wetland conservation on a local scale.
 Compare and analyse national-level and international level wetland conservation practices.
 Assess wetlands in Sri Lanka, focusing on Bellanwila-Attidiya
 Formulate recommendations based on the findings to enhance wetland conservation and
management in Sri Lanka,
1.1 Methodology
To conduct this study, the team gathered key data and information related to wetlands at the national
and international levels while investigating vital information pertaining to the selected wetland and its
conservation using the following methods:

 Field Visits: Visit to the selected site for direct observations.

 Interviews: Conduct covert interviews with the individuals of the local community who
reside around Bellanwila-Attidiya Wetland
 Document Analysis: Analyse primary and secondary documents related to the wetlands both
online and hardcopies.

1.2 Overview of Wetlands

Wetlands, as defined by the Ramsar Convention on Wetlands are “areas of marsh, fen, peatland or
water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh,
brackish or salt, including areas of marine water, the depth of which at low tides does not exceed six
meters”1.

According to the this, the wetlands of Sri Lanka can be divided into three broad categories 2:

1
Zon J C J Van, Wetland Conservation in Sri Lanka (IUCN - The World Conservation Union, Sri Lanka Country Office
2004) 3
2
Sarath Kotagama and Channa Bambaradeniya, 'An Overview of the Wetlands of Sri Lanka and their Conservation
Significance' [2006] 01(1) National Wetland Directory of Sri Lanka 7-16

1
• Inland natural freshwater wetlands (e.g., rivers, streams, marshes, swamp forests, and villus)
• Marine and saltwater wetlands (e.g., lagoons, estuaries, mangroves, sea grass beds, and coral reefs)
• Man-made wetlands (e.g., tanks, reservoirs, rice fields, and salters)
1.3 Significance of the Wetland Selected for the Project
Report will focus on the Bellanwila-Attidiya wetlands, which located in a major urban agglomerate in
South Asia3,specifically, in the wet zone of Sri Lanka. It is considered as one of the 34 global
biodiversity hotspots4 and declared as a protected area by the Department of Wildlife Conservation,
Sri Lanka5. This wetland has been declared as an Important Bird and Biodiversity Area (IBA) in 2004
by the Bird Life International6 and considered as a bird sanctuary.
The Bellanwila-Attidiya Wildlife Sanctuary, covering 3.72 sq. km, represents one of the last remaining
protected wetland wildernesses in the Colombo Metropolitan Area, recognized as a part of Ramsar
Wetland City. Officially it was demarcated, declared, and gazetted as a Protected Area (PA) on July
25,1990. Due to its strategic significance, this Wildlife Sanctuary has been selected as the focus of the
project report, examining the associated ecosystem.

3
Missaka Hettiarachchi and others, 'The eco-social transformation of urban wetlands: A case study of Colombo, Sri
Lanka' [2014] 132(01) Landscape and Urban Planning 55-68
4
Russell Mittermeier and others, Earth’s Biologically Richest and Most Endangered Terrestrial Ecoregions (Revised edn,
The University of Chicago Press 2005)
5
Sarath Kotagama and Channa Bambaradeniya, 'An Overview of the Wetlands of Sri Lanka and their Conservation
Significance' [2006] 01(1) National Wetland Directory of Sri Lanka 7-16
6
Suranjan Karunarathna and Thasun Amarasinghe, 'Current Status of Faunal Diversity in Bellawila-Attidiya Sanctuary,
Colombo District - Sri Lanka' [2010] 02(1) TAPROBANICA: The Journal of Asian Biodiversity 48-63.

2
2. Bellanwila-Attidiya Wetland and Its Background
Bearing IUCN status as a sanctuary, Bellanwila-Attidiya wetland is located at 6° 52’ 0” N and 79° 52’
0” E to 6° 48’ 0” N and 79° 56’ 0” E in the southeastern outskirts of Colombo city, within the Kesbewa
Divisional Secretariat Division (DSD), a local administrative division of Colombo District, which
carries a high population (244,062), in the Western Province. It is in the wet zone with an annual
rainfall of 2500-5000 mm. The average annual temperature is around 27° C with an average humidity
of around 80% and altitude of 0-6 m. The area consists of an extent of 372 ha 7.

Figure 1: Map of the Study site (Source: Adopted from the G Mudiyanse and others, 2022)
(a) local administrative divisions covering the study site in Colombo District in Western Province, and the areas in which
the study has been conducted denoted by red dots. (b) Location of the study area in the Sri Lanka.

7
Gayani Munagamage and others, 'Transformed Wetlands and Urban Resilience: A Case Study From Bellanwila – Attidiya
Wetland Sanctuary, Sri Lanka' [2022] 15(2) Geography, Environment, Sustainability

3
Figure 2: Bellanwila – Attidiya Wetland Sanctuary for the period (a) 2005 (b) 2009 (c) 2015
(Source: Adopted from the G Mudiyanse and others, 2022)

Table 1: Conversion of the wetland between 2005-2009

(Source: Adopted from the G Mudiyanse and others, 2022)

Table 2: Conversion of the wetland between 2009 – 2015

(Source: Adopted from the G Mudiyanse and others, 2022)

4
2.1 Analysis of Community Perception on Ecosystem
A social survey has been conducted using a face-to-face interview based on a multiple-choice
questionnaire focusing on the community perception of the wetland. Twenty individuals who have
been living in the Bellanwila-Attidiya wetland sanctuary area since on or before 2012 were
interviewed.

Table 3: Analysis of community perception in relation to conversion of the wetland

(Source: Authors Created)
Question
What happened to the extent of the wetland
area during the past decade?
What is the major reason for the reduction
of the extent of the wetland area?
In your opinion, what is the most recent
major damage to the wetland?
What happened to the ES-derived from the
wetland over the past 10 years?
Result
All of respondents stated that the extent of
wetland areas has been significantly
decreased during the past decade.
According to 75% of the residents, the
expansion of the residential areas was
identified as the major reason for the
reduction of the extent of the wetland. In
contrast, 25% of the residents believe that the
wetland area is reducing due to the increasing
industrial activities in the vicinity.
60% of the residents believe that
urbanization is the major driver of wetland
pattern and process change while 40% of the
residents are under the opinion that it is the
development projects that were taken place
in the area.
Half of the respondents believe that water
was clean ten years ago compared to now,
indicating water pollution in the wetland
area. Others believe that services related to
recreation have been increased compared
with the recent past due to the alternation of
sanctuary landscapes.

2.2 Observations of the Field Visit

During this study, the team meticulously conducted on-site visits to both and the Bellanwila-Attadiaya
wetland. These visits were undertaken with the utmost precision and diligence, allowing us to firsthand
gather comprehensive observations and data pertaining to the specified locations.

5
Figure 3 View of the Extent of Wetland from Its Boundary
(Source: Authors)

Figure 4 Bird Nesting Areas and Aquatic Plants

(Source: Authors)

Figure 5 Public Park and the Water Canal

(Source: Authors)

6
Figure 6 Wetland Marshes with Bushes and Plants
(Source: Authors)

Figure 7 Unauthorized Land Filling and Constructions on the Banks of the Canal
(Source: Authors)

Figure 8 Noticeboards Erected by Authorities

(Source: Authors)
7
Figure 9 Garbage Dumbed in the Wetland
(Source: Authors)

2.3 Services provided by Bellanwila-Attidiya Wetland

According to the National Wetland Directory of SriLanka (2006), Bellanwila – Aththidiya wetland
system maintains a high biodiversity. Nymphaea spp., Syzygium spp.and Pandanus spp., and several
species of grasses including Cynodon dactylon and sedges including Fimbristylis spp., Eleocharis spp.
have been recorded as the noteworthy flora in the wetland 8. When considering the fauna, previous
scientific studies have been reported 77 species of butterflies, 37 species of dragonflies 9 with 5
nationally threatened species, 15 species of nationally threatened and endemic amphibians, 30 species
of reptiles, 27 species of reptiles 10
, and 33 species of freshwater fish species in the study site 11. As
reported in various scientific studies, the most dominant vertebrate group in the Bellanwila – Attidiya
area is birds including both resident and migratory species 12.
The aquatic areas and the vegetation type create suitable habitats for a variety of birds such as herons,
cormorants, egrets, pelicans, kingfishers, etc. This area is an important breeding habitat of native birds,
as well as for migratory birds13, and rare winter migrants including globally threatened Pelecanus
philippensis have used this site 14
. Further, uncommon waterbird species such as Porzana fusca,

8
Asha De Vos, National Wetland Directory of Sri Lanka (Central Environmental Authority 2006) 39-43
9
GLA Nanayakkara, 'Checklist of the reptiles inhabiting the Bellanwila-Attidiya marshes' [1988] 13(4) Young Zoologists
Association-Occasional Papers 4-6
10
WLDPTSDA Goonatilake and others, 'Amphibians of Bellanwila-Attidiya Sanctuary' [2001] 22(5) Loris 10-14
11
HGS Maduranga, 'Ichthyofauna of Bellanwila-Attidiya sanctuary and its environs in Colombo, Sri Lanka' [2005]
XXXII(1) TIGERPAPER 26-32
12
DMSS Karunarathna and others, 'Current Status of Faunal Diversity in Bellawila-Attidiya Sanctuary, Colombo District
- Sri Lanka' [2010] 02(01) TAPROBANICA 48-63
13
ibid 8
14
ibid 12

8
Gallicrex cinerea, Rallus striatus, Rostratula benghalensis, Phalacrocorax carbo, have been recorded
in this area15. Apart from that, the dominant floral species that exist in this site are invasive aliens.
The wetland serves as a natural sponge, soaking up floodwater from the Bolgoda River, shielding
nearby areas from flooding. It also filters pollutants, enhancing the quality of water for drinking and
irrigation.
The wetland serves multiple purposes as, gathering fuelwood and reeds, grazing livestock, some
agriculture on the edges, and fishing for finfish and shrimp. Surrounding areas have been reclaimed
for urban development. Most of the area bordering this sanctuary have been reclaimed and used for
urban development.
The wetland, near Colombo, serves as an urban wildlife sanctuary, offering education, bird watching,
and research opportunities. It's a biodiversity haven and a cultural site with the adjacent Bellanwila
Rajamaha Viharaya using its lotus flowers for religious ceremonies. A small Visitor Centre was
established in the Bellanwila-Attidiya area, with a herbarium and information counter on fauna and
flora. The Visitor Centre manage a bird watching tower in the wetland.

2.4 Values of Ecosystem

Values of an ecosystem is in wider range and those can be categorized as Marketable values and non-
marketable values.
2.4.1 Marketable Values
The Bellanwila-Attidiya Wetland holds substantial economic value 16 for local communities through
fisheries and lotus flowers, supported by its diverse aquatic life. Its scenic appeal draws tourists,
generating revenue from ecotourism and fostering environmental awareness.

2.4.2 Non-Marketable Values

The wetland's intrinsic value lies in its role as a natural water purifier, ensuring clean water for nearby
communities, carbon sequestration and as a buffer against floods17, safeguarding settlements. These
crucial functions highlight its vital role in ecological balance and human welfare.

2.5 Advantages and Disadvantages of Converting to Other Usages

The transformation of Bellanwila-Attidiya Wetland presents three potential scenarios: converting it
into a rice field for food security, landfilling for constructions, and establishing a residential area.
Converting the wetland into a rice field could address food shortages and bolster local agricultural

15
ibid 8
16
Munagamage S Gayani and others, ‘Transformed Wetlands and Urban Resilience: A Case Study from Bellanwila –
Attidiya Wetland Sanctuary, Sri Lanka’ (2022) 15 GEOGRAPHY, ENVIRONMENT, SUSTAINABILITY 23.
17
Munagamage (n1)

9
productivity but disrupts its ecological balance, impacting its ability to absorb excess water during
heavy rains. Landfilling for construction offers job opportunities and economic growth but results in
biodiversity loss, affecting various species. Establishing a residential area boosts urban development
and the economy but leads to irreversible destruction of natural habitats, risking pollution and
deforestation. Furthermore, wetlands play a crucial role in sequestering carbon, and their conversion
might contribute to increased carbon release, exacerbating climate change impacts. These potential
transformations weigh economic benefits against environmental risks, necessitating careful
consideration for sustainable development and conservation.

2.6 Threats and Issues Faced by the Bellanwila-Attidiya Wetland

The Bellanwila-Attidiya Wetland confronts several severe threats, endangering both its inhabitants and
the delicate ecosystem. Nearby factories discharge harmful effluents into waterways, jeopardizing
water quality and aquatic life. Municipal waste dumping in the northern and eastern regions alters
habitats, causing harm to water birds and leading to fish fatalities from leached contaminants.

Landfilling with household waste directly assaults the wetland's integrity, exacerbating ecological
damage and habitat loss. Construction-related shrub clearance further endangers species. Proximity to
roads increases wildlife casualties, contributing to population declines. The expanding urban landscape
encroaches upon the wetland, straining its resources due to high human density and commercial
activities.

These challenges necessitate improved infrastructure to manage growth and prevent flood-related
adversities. Addressing these threats is crucial to safeguard the wetland's ecological balance and protect
the diverse species reliant on its fragile ecosystem.

3. Mitigating Ecosystem Decline: Integrated Conservation Strategies for Bellanwila-Attidiya

Wetland
This study examines the effects of ecosystem destruction on human welfare and biodiversity in the
Bellanwila-Attidiya Wetland. It assesses proposed conservation strategies—legal measures, activism,
tourism, education, waste management, canal maintenance, and access control. Emphasizing
collaboration among communities, government, nonprofits, and businesses, the study aims for
effective wetland preservation.

3.1 Ramifications of Ecosystem Destruction

Ecosystem systems destruction caused various impacts on human, wildlife, and plants and those can
be described as follows

10
 a. Economic Loss
Tourism Impact: The Bellanwila-Attidiya Wetland sanctuary attracts tourists interested in
experiencing its unique biodiversity. The destruction of the wetland would result in a significant
economic loss, affecting local businesses, tour operators, and the overall tourism market in the
region.
b. Intergenerational Equity
Loss for Unborn Generations: The destruction of the sanctuary violates the principle of
intergenerational equity, denying future generations the right to enjoy and benefit from the
natural beauty and ecological services provided by the wetland.
c. Biodiversity Loss
Loss of Ecosystem Services: The wetland plays a crucial role in maintaining biodiversity and
providing essential ecosystem services such as water purification and flood control. The
destruction of the wetland would lead to a loss of these services, affecting the entire ecosystem
and potentially disrupting the balance of the surrounding environment.
d. Habitat Destruction
Landfilling Impact: Landfilling within the wetland area destroys natural habitats, displacing
and endangering various plant and animal species. Wetlands are particularly sensitive
ecosystems, and their destruction can have cascading effects on the entire food web.
e. Wildlife Mortality
Road Kills: Increased road kills of various species, including terrapins and birds, would
contribute to a decline in their populations. Roads intersecting the wetland area pose a threat
to wildlife, leading to a potential decrease in biodiversity.
f. Environmental Degradation
Pollution Risks: The destruction of the wetland could result in environmental degradation,
including the risk of water pollution. The natural filters, and their destruction could lead to the
contamination of water sources, negatively impacting both aquatic and terrestrial life.

3.2 Preservation Strategies: Safeguarding Ecosystems through Sustainable Measures

a. Enforcement and Monitoring
Legal Measures: Strengthen and enforce environmental protection laws to prevent
unauthorized activities such as illegal landfills, deforestation, and habitat destruction. Regular
monitoring and strict penalties for violations are essential.

11
 b. Recognition and Support
Environmental Activism: Recognize the efforts of environmental activists and provide support
for their initiatives. Their advocacy plays a crucial role in raising awareness and mobilizing
communities for conservation efforts.
c. Sustainable Tourism
Ecotourism Programs: Develop and promote ecotourism programs that highlight the
importance of preserving the wetland. These programs should focus on sustainable practices,
responsible tourism, and education about the significance of wetland ecosystems.
d. Education and Awareness
School Programs: Implement comprehensive environmental education programs in schools to
raise awareness about the importance of biodiversity, wetland ecosystems, and the role
individuals can play in conservation.
e. Waste Management
Proper Waste Disposal: Implement and enforce proper waste management practices to prevent
the disposal of pollutants into the wetland. Establish recycling programs and waste treatment
facilities to minimize the environmental impact of human activities.
f. Canal Management
Cleaning and Management Plans: Develop and implement long-term plans for canal cleaning
and management to maintain water quality and preserve the ecological balance of the wetland.
g. Access Control
Fencing Mechanisms: Establish physical barriers and proper fencing mechanisms to control
unauthorized access to the sanctuary. This helps prevent illegal activities such as land
encroachment, poaching, and habitat destruction.

Conservation efforts should be collaborative and involve local communities, governmental bodies,
nonprofit organizations, and businesses. Engaging stakeholders in the preservation of the Bellanwila-
Attidiya Wetland sanctuary requires a holistic approach that addresses both the ecological and
socioeconomic aspects of the region.

4. Global Initiatives for Wetlands Protection: International Level Policies and Strategies
Understanding the international strategies for wetland protection requires delving into their historical
context. Spanning millennia, wetlands' evolution, shaped by geological shifts and human influence,

12
holds significance. Riverine marshes, like those in Mesopotamia and the Nile delta, were vital for early
civilizations18.

Wetlands faced encroachment during urbanization in the 18th century, transforming cities like Chicago
and Paris. By the mid-19th century, global discussions and laws emerged to protect wetlands,
recognizing their role in biodiversity, water regulation, and carbon sequestration. Preserving wetlands,
essential in addressing 21 stcentury challenges like freshwater scarcity, climate change, and declining
biodiversity, is now a pivotal part of global strategies, emphasizing sustainable management to
safeguard not just wetland areas but their crucial ecological functions 19.

There are several international instruments and global level organizations that operates on
sustainability of wetlands as follows:

a. The Ramsar Convention on Wetlands

The Ramsar Convention is widely recognized as the first and most significant international policy
specifically dedicated to wetland conservation and management. Adopted in 1971 in Ramsar, Iran, this
treaty marked a crucial step in recognizing the global importance of wetlands and establishing a
framework for their protection. 20

Key objectives of the convention are developed on promoting the wise use and conservation of
wetlands by encouraging international cooperation among countries. The Ramsar Convention
designates wetlands of international importance based on specific criteria, garnering global recognition
and conservation aid for over 2,400 sites. Its pioneering initiatives influenced international policies,
marking a milestone in acknowledging wetlands' global ecological, economic, and cultural
significance21. In addition, The Montreux Record, created under the Ramsar Convention, serves to
pinpoint wetlands encountering significant risks. Wetlands included in this record receive additional
attention and assistance to mitigate these threats.

b. Convention on Biological Diversity (CBD)

Established in 1992, the CBD prioritizes biodiversity conservation, emphasizing habitat and species
preservation, equitable resource sharing, and biosafety measures. Despite funding challenges, it
remains vital for safeguarding Earth's ecosystems. The Aichi Biodiversity Targets, like protecting 17%
of land and water, still influence ongoing conservation endeavours post-2020.

18
WJ Mitsch and JG Gosselink, Wetlands (5th edn, Wiley 2015) 4
19
Ibid 5-16
20
V Koester, The Ramsar Convention on the Conservation of Wetlands (IUCN 1989)
21
The Convention on Wetlands < https://www.ramsar.org/> accessed on 21 November 2023

13
For instance, China has demonstrated proactive engagement by launching the National Wetland
Conservation Action Plan (2016-2030), with the primary goal of safeguarding and revitalizing its
wetlands. This plan emphasizes establishing nature reserves, strengthening legislation, and promoting
scientific research on wetland ecosystems 22.
c. Convention on the Conservation of Migratory Species of Wild Animals (CMS)
The International Law on Migratory Species, exemplified by the Bonn CMS strives to protect
migratory wildlife across their ranges. Adopted in 1979, CMS facilitates cooperation among nations
to conserve species such as birds, mammals, fish, and reptiles during their migrations. This legally
binding treaty encourages habitat conservation, sustainable use of resources, and transboundary
conservation measures. Member countries collaborate on conservation plans, research, and
monitoring, aiming to mitigate threats like habitat loss, climate change, and human activities impacting
migratory routes. The CMS embodies global commitment to preserving these species, fostering shared
responsibility for their survival.

Meanwhile, the Africa-Eurasia Waterbird Agreement, a CMS instrument, targets waterbird

conservation across Africa and Eurasia, aiming to protect habitats critical for these species' survival.
Both agreements promote international collaboration, research, and conservation measures to address
threats like habitat loss and climate change, ensuring migratory species' long-term survival23.

d. The Framework Convention on Climate Change(UNFCCC)

Founded in 1992, the UNFCCC tackles the issue of climate change by working to stabilize greenhouse
gas concentrations. It serves as a framework for international endeavours, advocating for emissions
reduction, enhancing resilience, providing financial assistance, and facilitating the sharing of
technology to promote sustainable development. It aims to prevent detrimental human interference
with the climate, organizing Conference of the Parties(COP) meetings like COP 28 in the United Arab
Emirates to promote collaboration and awareness 24.

e. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES)
Established in 1973, this convention safeguards endangered species by overseeing international trade
through classified appendices. It enforces rigorous controls on the import, export, and transit of listed

22
The Convention on Biological Diversity (16 January 2012) < https://www.cbd.int/> accessed on 18 November 2023
23
D Navid, The International Law of Migratory Species: The Ramsar Convention, 29 National Resources Journal 1001
(1989). < https://digitalrepository.unm.edu/nrj/vol29/iss4/5> accessed on 1 December 2023
24
The United Nations Climate Change <https://unfccc.int/> accessed on 3 December 2023

14
species, combating the illicit trade of wildlife. By balancing global trade with conservation, CITES
crucially preserves biodiversity and safeguards vulnerable wildlife populations25.
f. World Water Council
Established in 1996, the World Water Council unites stakeholders to tackle global water challenges. It
advocates sustainable water management, aiming for universal access to clean water and sanitation.
Through research, policy, and events like the World Water Forum, it addresses scarcity, pollution, and
equitable distribution, striving for water security and emphasizing water's critical role in societal,
environmental, and economic well-being26.
g. Wildfowl and Wetlands Trust (WWT)
Founded in 1946, the UK's WWT leads global wetlands conservation. Operating reserves initially in
the UK, it expanded globally, focusing on research, conservation, and education. Engaging the public
through visitor centres, WWT advocates wetland conservation's importance. Through expertise,
habitat restoration, and advocacy, it aligns with global objectives, conserving wetlands for biodiversity,
climate mitigation, and vital habitats for migratory species 27.
h. Sustainable Development Goals by United Nations(SDGs)
The United Nations Sustainable Development Goals (SDGs) were officially adopted by the United
Nations General Assembly in September 2015. There are a set of seventeen global objectives aiming
to address social, economic, and environmental challenges worldwide by 2030.
Several United Nations Sustainable Development Goals (SDGs) are connected to wetland
conservation. SDG 6 targets clean water and sanitation, while SDG 15 emphasizes life on land,
including the conservation and restoration of ecosystems such as wetlands, crucial for biodiversity,
water resources, and climate regulation, aligning with SDG 14 on life below water 28.
4.1 Sustainable Practices and Legal Pathways in Other Countries
This section of the report presents a synopsis of laws and constitutional provisions pertaining to
wetlands across various countries worldwide.
a. India
The Wetlands (Conservation and Management) Rules, 2017, in India creates a robust framework for
nationwide wetland protection and sustainable management. They systematically identify and regulate
wetlands, emphasizing monitoring, restoration, and governance through state-level wetland authorities

25
Convention on International Trade in Endangered Species of Wild Fauna and Flora <https://cites.org/eng> accessed on
5 December 2023
26
The World Water Council <https://www.worldwatercouncil.org/en> accessed on 6 December 2023
27
Wildfowl and Wetlands Trust <https://www.wwt.org.uk/about-us/who-we-are > accessed on 6 December 2023
28
United Nations Foundation <https://unfoundation.org/ > accessed on 7 December 2023

15
and community involvement. Prioritizing prevention of degradation, these rules safeguard India's
diverse wetland ecosystems, preserving their ecological integrity and crucial functions.
The Indian Constitution does not explicitly mention wetlands. However, it encompasses provisions
related to environmental conservation and protection of natural resources under Articles 48A and
51A(g). Article 48A directs the state to protect and improve the environment, while Article 51A(g)
imposes a fundamental duty on citizens to protect and conserve the natural environment, including
wetlands.
b. United Kingdom
The UK lacks a specific constitutional provision dedicated solely to wetlands. Instead, wetland
protection falls under various laws and international agreements, emphasizing conservation,
biodiversity, and sustainable management. Legal frameworks like the Wildlife and Countryside Act of
1981 and Ramsar Convention guide the preservation and responsible use of these critical ecosystems.
It is noteworthy that most wetlands are governed under trusts created for the benefit of the ecosystem
and to the public. The authors had the opportunity to examine one such ecosystem in the UK as part
of this project to understand the differences in sustainable pathways in conservation of wetlands.

Figure 10: Nene Park at Ferry Meadows – UK

Source: Authors

At the Nene Park Wetland situated at Ferry Meadows, throughout the seasons, diverse recreational
activities are organized for the public, ensuring widespread participation year-round. Comprising

16
varied ecosystems like marshes and woodlands, the park offers serene trails and scenic vistas, inviting
exploration and appreciation of nature's wonders.
A well-organized waste disposal system, coupled with clear signage, fosters a culture of disciplined
behaviour, ensuring people conform to proper waste management practices. Figure shows how the
management practically use proper waste management practices.

Figure 11: Waste Disposal at Nene Park

Source: Authors

The Nene Park Trust, established under trust law, oversees the Nene Park Wetland in Ferry Meadows,
Peterborough, UK, covering 700 acres. This conservation-focused trust is dedicated to safeguarding
the biodiverse landscape, nurturing wildlife habitats, and promoting environmental education. The
Trust's commitment to conservation, community engagement, and sustainability is evident in its
various programs and initiatives. Through its stewardship, the Nene Park Trust not only preserves the
ecological richness of the wetlands but also fosters a strong connection between people and the natural
world.
c. USA
In the USA, wetland laws consist of federal, state, and local regulations. The Clean Water Act (CWA)
governs discharges into wetlands, requiring permits. The National Environmental Policy Act (NEPA)
mandates assessments for federal projects, while the Endangered Species Act (ESA) safeguards
wetland species. State laws complement federal ones, with varying stringency. Programs like the
Wetland Reserve Program (WRP) encourage private landowners to conserve wetlands, aiming to
balance development and preservation.

17
d. Switzerland
Switzerland's constitution provides broad protection for wetlands through environmental legislation.
Article 78(5) mandates conservation of landscapes, particularly wetlands, and biodiversity. National
laws, like the Federal Act on the Protection of Waters, complement these constitutional provisions,
ensuring stringent measures for wetland preservation, restoration, and sustainable use.

5. Examining Sri Lanka's Legislative Landscape: Policies, Strategies, and laws for the
Conservation and Sustainable Management of Wetlands
5.1 Evolution of Legal and policy Initiatives Wetland Protection in Sri Lanka
The preservation of wetlands in Sri Lanka boasts a rich historical legacy dating back to the late
nineteenth century. A significant milestone was reached in 1897 with the introduction of legislation
aimed at safeguarding coastal belt systems, underscoring the nation's commitment to the protection of
these crucial ecosystems29. Subsequent noteworthy progress occurred four decades later with the
enactment of the Fauna and Flora Protection Ordinance (FFPO) 30.
Sri Lanka's commitment to wetland conservation took on an international dimension with the
formalization of its participation in the Ramsar Convention in 1971, subsequently ratified in 1990 31.
This convention underscored the nation's steadfast dedication to participating in global initiatives
focused on the conservation of wetlands. To attain this, the Central Environmental Authority (CEA),
designated as the primary agency for environmental conservation, assumed a pivotal role.
In 1984, Sri Lanka played host to the regional meeting of the International Council of Bird Protection
(ICBP)-Asian Continental Section, with the primary focus on the identification of important wetland
sites in South and East Asia 32.
One of the key efforts in the conservation and management of wetlands was the Wetland Conservation
Project, formulated by CEA and Department of Wildlife Conservation (DWC) in 1990. This initiative
resulted in the preparation of various reports, management plans, and resources for wetland
conservation33.The deliberations during the event served as a pivotal moment, setting the groundwork

29
IUCN Sri Lanka and the Central Environmental Authority (2006) National Wetland Directory of Sri Lanka, Colombo,
Sri Lanka
30
No 2 of 1937
31
Hoffmann TW (1982) Provisional Inventory of Wetlands in Sri Lanka, Loris 16: 94-96.
32
The Ramsar Convention on Wetlands: its History and Development by G. V. T. Matthews (Ramsar, 1993) Published by
the Ramsar Convention Bureau, Gland, Switzerland.
33
Channa Bambaradeniya & Sarath W. Kotagama, Status of Wetlands in Sri Lanka Conference Paper · January 2005

18
for the creation of the Asian Wetland Directory34.The project’s focus was on addressing the priorities
indicated in the Directory of Asian Wetlands 35.
In Sri Lanka, wetland conservation and management faced challenges, particularly concerning
privately owned wetlands and the lack of specific laws for state-owned ones. State-owned wetlands
fell under ordinances like the FFPO and the Forest Ordinance, managed by agencies such as DWC and
the Forest Department(FD). Provincial administrations, due to devolved power, also share
responsibility for wetland protection.
The National Wetlands Policy & Strategy, developed by incorporating recommendations from
National Wetland Steering Committee (NWSC) for wetland conservation in Sri Lanka, aimed to
harmonize different agencies from different tiers. The policy aimed to conserve and sustainably utilize
wetland resources, recognizing the diverse challenges to wetland biodiversity. It proposed
interventions across various sectors, including irrigation, aquaculture, fisheries, mangrove clearance,
land use, mining activities, salt production, siltation, livestock grazing, use of minor products, and
pollution. This holistic approach sought to address and mitigate the multifaceted threats faced by
wetland ecosystems36.
This policy was intended to align with the objectives of existing national strategies and policies,
including the National Conservation Strategy (1988), the National Wildlife Policy (1990), and the
National Forestry Policy (1995), as well as sectoral policies in fisheries, irrigation, and agriculture. It
also emphasized adherence to Sri Lanka's commitments under international conventions, protocols,
treaties, and agreements, including the Ramsar Convention (1971), the CMS (1979), and the CBD
(1992)37.It’s important to note that The Ramsar Convention collaborates closely with key international
agreements, such as the CBD, the CMS, the Africa-Eurasia Waterbird Agreement, and the FCC.
Hence, ratified by Sri Lanka in 1997 following CBD in 1994, the country promptly demonstrated its
commitment to global biodiversity conservation by approving a Biodiversity Conservation Action Plan
(BCAP) in August 199838.Despite achieving a comparatively low success rate in wetlands and
agricultural systems, the National Biodiversity Strategic Plan (NBSAP) was formulated 39. This plan is
grounded in five strategic objectives: ensuring the long-term conservation of biodiversity, promoting
sustainable use of biological resources, conserving agrobiodiversity, promoting equitable sharing of

34
Ramanayake, “Conserving Wetlands in Sri Lanka” (April 19, 2019) https://news.lk/news/business/item/25038-
conserving-wetlands-in-sri-lanka>.
35
IUCN Sri Lanka. 2004. Wetland Conservation in Sri Lanka. Proceedings of the National Symposium on Wetland Conservation and
Management:Sri Lanka; iii+75pp.
36
Biodiversity Conservation in Sri Lanka: A Framework for Action (1999) Ministry of Forestry and Environment, Colombo
37
National Wetland Policy and Strategy, Ministry of Environment & Central Environmental Authority (2006)
38
Biodiversity Conservation in Sri Lanka: A Framework for Action (1999) Ministry of Forestry and Environment, Colombo
39
MoMD&E (2016). National Biodiversity Strategic Action Plan 2016-2022. Colombo, Sri Lanka:
Biodiversity Secretariat, Ministry of Mahaweli Development and Environment. xxi + 284 pp

19
benefits from biodiversity, and improving human well-being through an ecosystem approach,
significantly impacting the biodiversity of wetlands.
CITES formulated in 1973 and ratified by Sri Lanka in 1979, is a crucial international agreement
addressing the need to protect species from over-harvesting and trading on international markets.
Administered by DWC, CITES is designed to ensure that the international trade in specimens of wild
animals and plants does not pose a threat to their survival. It plays a vital role in safeguarding the
habitats of endangered species, particularly in wetlands.
5.2 Wetland Conservation: Current Status and Future Prospects
The Muthurajawela Marsh Development Project stands as an exemplary model for the Ramsar
Convention's objective of ensuring the wise use 40 of wetlands and their resources aligns with the
evolution of wetland conservation in Sri Lanka, contributing to determining a sustainable trajectory
for the protection of wetlands.

Accompanying CBD, Ramsar has recently launched the River Basin Initiative, focusing on the
integration of biological diversity with wetland and river basin management. Additionally, the World
Water Council, organizers of the 3rd World Water Forum, and UNESCO, convenor of the World Water
Assessment Programme, serve as valuable information focal points. International instruments,
including the World Bank Environmental Strategy and Poverty Reduction Strategy Papers, play a
crucial role as essential resources and enabling frameworks for wetland actions 41.

Since the ratification of the Ramsar Convention in 1990, six Ramsar wetland sites has been designated.
Colombo’s accreditation as a Ramsar Wetland site during the 13th Conference of the Parties to the
Ramsar Convention in Dubai in 2018 is noteworthy. The designation of Colombo as a Wetland City
underscores the imperative of seamlessly incorporating wetland protection measures into both urban
and peri urban settings by aligning development plans with the principles of sustainability.

5.3 Statutory Framework for the Conservation and Oversight of Wetlands

At the national level, the Constitution of Sri Lanka (1978) serves as the foundational document guiding
the country's approach to environmental protection. Incorporating environmental provisions within the
Chapter 6th on Directive Principles of State Policy and fundamental duties emphasizes the
constitutional commitment to safeguarding nature and the environment.

40
Sustainable utilization of resources for the benefit of mankind in a way compatible with the maintenance of the natural
properties of the ecosystem while ensuring that future generations have access to the same resources as the present
generation
41
IUCN Sri Lanka. 2004. Wetland Conservation in Sri Lanka. Proceedings of the National Symposium on Wetland
Conservation and Management: Sri Lanka; iii+75pp.

20
However, individuals impacted by environmental violations can seek legal recourse through Article
12(1), (2), and 14 of the constitution, which ensures equal protection under the law. However, a notable
deficiency in the legal system exists as these protective measures are not explicitly outlined in the
Constitution's fundamental rights section.
The National Environmental Act of 1980 grants comprehensive powers to the Central Environmental
Authority (CEA), establishing it as the primary agency responsible for environmental protection,
environmental management, conduct research on environmental degradation, establish standards for
environmental quality, and disseminate reports on environmental management aspects.
The CEA was designated as the main coordinating agency for wetland related activities, and the
Wetland Management Unit was established accordingly.
The policy outlines objectives related to wetland conservation, demarcates the responsibilities of the
CEA, and highlights the role of civil society in wetland management. The Department of Wildlife
Conservation (DWC) holds jurisdiction over wetland sanctuaries, with specified responsibilities in
ensuring their protection.
As it was discussed earlier, the accreditation of Colombo as a Wetland City brings into sharp focus the
need for policymakers to harmonize urban development initiatives with a commitment to
sustainability. The intergenerational protection of wetlands draws parallels with the United Nations
Sustainable Development Goals (SDGs),This recognition underscores the interconnectedness of
wetland conservation with broader global sustainability objectives, emphasizing the role of local policy
decisions in shaping a more sustainable and resilient future for urban areas.
Following table 4 depicts that affect wetland management and conservation

21
Table 4: Important Statues for Wetland Conservation and Management in Sri Lanka
Legislation Purpose/Key Provisions
1 Seashore Protection - Protect the seashore from erosion and exploitation.
Ordinance No 12 of - Ban unauthorized removal of coral, sand, and substances.
1911 and amendments - Authority to declare protected areas along the seashore.
2 Fauna and Flora - Main legal instrument for wildlife conservation.
Protection Ordinance - Safeguard endangered species and their habitats.
no.2 of 1937 and - Establish protected areas and the Department of Wildlife
amendments Conservation (DWC).

3 Fisheries Ordinance no.
24 of 1940 and its
amendments
4 Coast Conservation Act
no. 57 of 1981 and its
amendment s
- Regulate the fisheries sector for sustainable use.
- Prohibit destructive fishing gear; promote aquaculture.
- Establishment of the Department of Fisheries and Aquatic
Resources (DFAR).
- Develop a Coastal Zone Management Plan (CZMP).
- Define the coastal zone and encourage collaboration among
stakeholders.
- Specify penalties for violations.

5 Forest Conservation - Regulate management and conservation of forests.

Ordinance no. 16 of - Prohibit illegal timber activities.
1907 and its - Establish the Forest Department (FD).
amendments
6 National Environmental - Establish the Central Environmental Authority (CEA).
Act no. 47 of 1980 and - Formulate and implement national environmental policies.
its amendments - Introduction of Environmental Protection Licenses (EPLs)
through the 1988 amendment.
- Specify measures for the conservation of wetlands.
- Address issues related to wetland exploitation and management.
7 Land Reclamation and - Make the land better for building, farming, or business.
Development - Take care of the land until it is ready to use.
Corporation Act No. 15 - Do engineering work and give advice on other projects.
of 1968 and its - Manage and clean the canals in the land.
amendments - Protection of loss of habitats, particularly wetlands.
8 Urban Development manages city planning, construction, and infrastructure projects
Authority Law no 41 of encourages private sector involvement, and focuses on economic
1978 (inserted by Act no growth and disaster risk reduction
49 of 1987) and its national policies, collaborates with government agencies, and
amendments emphasizes research for sustainable urban development.

22
5.4 Comparation of local and Global Wetland Conservation Initiatives
The legal protection of wetlands in Sri Lanka has undergone significant developments, tracing its
progress through national legislative milestones since the late 19th century, with pivotal moments such
as the establishment of the Ramsar Convention in 1971 and subsequent conventions. Notably, Sri
Lanka committed to safeguarding its wetlands' ecological values and functions upon ratifying the
International Convention on Wetlands.
In response to this commitment, the Central Environmental Authority (CEA) took proactive steps,
forming an interim Wetland Steering Committee in 1989. Recognizing the importance of wetland
preservation, the CEA initiated the Wetland Conservation Project in 1991, a comprehensive endeavour
dedicated to safeguarding the diverse wetland ecosystems integral to Sri Lanka's environmental fabric.
Examining global strategies and laws, the National Policy on Wetlands (2005) aligns with the
principles of the Ramsar Convention, emphasizing the crucial role of wetlands in addressing major
environmental challenges.
However, in contrast to centralized systems found in some countries, decentralized government
structures, as observed in the United States, United Kingdom, and India, distribute authority
differently. In United States, individual states wield significant power in making and implementing
wetland protection laws, with federal governments setting broad rules, while in India, decisions
primarily rest with state governments. In Switzerland legal framework derived from the constitution
itself.

United Kingdom delegates autonomous communities with the responsibility for wetland protection by
developing trusts to take care of the wetlands and the level of involvement in safeguarding sustainable
management is noteworthy. Nene Park could be cited as one prime example of such endeavours.

Analysing these international models sheds light on potential improvements for Sri Lanka's legal
framework for wetland conservation. While progress has been made, ongoing efforts are necessary to
enhance the enforcement and efficacy of wetland conservation measures in Sri Lanka.

6. Conclusions and Recommendations

In conclusion, the environmental challenges in Sri Lanka, particularly in the context of wetland
conservation, are multifaceted and interconnected. It is evidenced that the gap between planning and
execution, ineffective law enforcement, socio-economic inequalities, ignorance among enforcement
personnel, lack of awareness among resource-dependent communities, and poor coordination among
agencies contribute to the degradation of natural resources including wetlands. Therefore, following
recommendations are made for the betterment.

23
 i. Enhance Implementation Capacity: Prioritize the development of implementation agencies for
wetland conservation to bridge the gap between planning and execution. Establish adequate
resources, training, and coordination mechanisms to ensure effective conservation actions.
ii. Strengthen Law Enforcement: Address issues of overlapping responsibilities, political
interference, and difficulty in detecting violations by streamlining responsibilities, reducing
political influence, and employing advanced monitoring techniques for effective environmental
law enforcement.
iii. Improved statutory provisions: Its essential to provide elevated legal provisions and
punishments for offenders involved in in environmental offences.
iv. Promote Socio-economic Equity: Implement policies to ensure sustainable and inclusive
economic growth, mitigating the adverse impacts of uneven development. Measures such as
responsible foreign investment, environmental impact assessments, and community
empowerment can balance economic development and environmental conservation.
v. Capacity Building for Enforcement Personnel: Invest in comprehensive training programs for
officials enforcing environmental laws. This includes imparting knowledge about laws,
regulations, and their implications, fostering skills for effective implementation, and instilling
a sense of duty and accountability.
vi. Enhance Public Awareness: Implement widespread awareness campaigns targeting resource-
dependent communities, emphasizing the importance of environmental conservation.
Providing information, education, and awareness programs will empower individuals to make
informed decisions about sustainable resource use.
vii. Improve Coordination: Streamline environmental governance by fostering better coordination
and communication among agencies at all levels. Establish effective mechanisms for
collaboration to reduce confusion, duplication, and conflict, ultimately improving the
implementation and evaluation of environmental policies.
viii. Define and Clarify Responsibilities: Clearly define and communicate the roles and
responsibilities of various government agencies involved in environmental management. This
will help eliminate the tendency to shift blame and foster a culture of shared responsibility,
improving overall environmental governance.

Implementing these recommendations requires a collective and sustained effort from government
bodies, civil society, and the private sector. Only through such collaborative actions can Sri Lanka
address its environmental challenges and work towards a more sustainable and resilient future of
wetlands protections.
24
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