Eco-friendly Customs

Biodiversity Protection Unit goes beyond the call of duty:

by Sajitha PREMATUNGE

Confiscated Aponogeton Crispus

Although the original duties of the Customs were to impose taxes, in the 21st Century Sri Lanka Customs has moved beyond its stereotypical duties to become one of the most elite forces. The Biodiversity Protection Unit of Sri Lanka, the first of its kind, is the pride of Sri Lanka Customs. However, in spite of all precautionary measures taken by Sri Lanka Customs, smugglers take the maximum advantage of loopholes in regulations.

Through false declarations, and misleading terms, cargo is rushed in for shipment or to be carried on air. As a result, biological material invariably find their way out of the country. And more often than not customs officials find themselves at the mercy of enraged high profile smugglers who have friends in high places!

But as the saying goes every dark cloud has a silver lining. With the triumph of the confiscation of a 34 kg of Edible Nest Swiftlet nests still fresh comes more good news for the Biodiversity Protection Unit of Sri Lanka Customs. The defamation case filed by Samantha Gunasekara, Head of Biodiversity Protection Unit, Sri Lanka Customs against Roger Ratnayake, Managing Director of the Samudra Aquarist Fish Gate, with respect to an article that was published in the Sunday Leader, ended in favour of Samantha Gunasekara, when Roger Ratnayake made an apology last month, at the District Court Mount Lavinia. The case as well as the intended Rs. 50 million as compensation was withdrawn by Samantha Gunasekara.

Many experts view this case as a chain of events that ironically worked not in favour of officials that work to save Sri Lanka’s biological treasures, but in favour of those who attempt to make a fortune at their expense. An attempt to smuggle a consignment of an unauthorized water plant, namely Aponogeton Crispus, a rare variety of Kekatiya, was thwarted by Samantha Gunasekara and steps were taken to inform the officers on duty at Air Cargo Export Terminal at BIA - Katunayaka on July 18, 2002. The shipment in question was 1500 kg, declared as *Aponogeton ulvaceus, *brought for exportation by Roger Ratnayake. The duty officer at the time at Air Cargo Terminal, Assistant Superintendent of Customs D.I.U Gonawala, made the detection as instructed by Samantha Gunasekara. Samples that were sent to the National Botanical Gardens were identified as Aponogeton Crispus.

Samantha Gunasekara - Head, Biodiversity Protection Unit

A. Crispus - which although not endemic, is also referred to as Sri Lanka salt plant for its abundance in the island - is often used in fish tanks. Samantha Gunasekara explained that harvesting of the species is damaging due to the destructive methods used by the harvesters. Usually done in large scale the water level of the reservoirs is brought down to make harvesting easier. Moreover, he explained that these plants provide protection for and act as breeding grounds for various rare fish species and harvesting would threaten their survival.

“A. Crispus is banned from exportation under Section 24 (1) of Forest Ordinance” explained Samantha Gunasekara. Apparently, many have worked to repeal this amendment, some who from then on were considered as potential smugglers, whose activities were undoubtedly under close scrutiny of Sri Lanka Customs officials. Certain unscrupulous exporters were hurriedly collecting water plants in large scale.

But it was what took place afterward that is considered as an abomination towards the integrity of Customs officials who risked their lives for the preservation of national treasures. Roger Ratnayake, when he finally did turn up, not only attempted to assault Samantha Gunasekara, but took photographs of him! Roger Ratnayake’s escapade was successful not only in stalling the Customs inquiry but also in commencing an investigation on the inquiring officer! Samantha Gunasekara was forced to seek police support.

All court cases filed by the suspect against the Customs were rejected as bogus complaints had been made to the Human Rights and Bribery Commissions. The Customs inquiry concluded by imposing Rs. 7,03,303 and Rs. 7,99,755 as penalties. Samantha Gunasekara wished to thank Ravi Algama, the environmental lawyer who handled his case free of charge.

Piyal Parakrama, an environmentalist explained that unlike other forms of theft and piracy the people engaged in bio piracy are academics, researchers and high profile businessmen, “with friends in high places”, which make them all the more difficult to deal with. “If not for the Biodiversity Protection Unit of Sri Lanka Customs, the exertion on Sri Lanka’s natural resources would have been quite damaging indeed.” He further pointed out that the Customs should not be considered as an obstacle for development. And the economic gains through the protection of ecosystems in the long run are far greater than any short term economic return.