Muslim settlements in Wilpattu Reserve:

Settlers to be relocated soon, harmony to prevail

By Mmanjula Ferrnando

Cadjan huts in the settlement in the sanctuary

The interior of a cadjan hut

The privately funded housing scheme the protected area

The Environment Conservation Trust Sri Lanka, an independent green NGO was the latest to join in the accusations against settlements in Wilpattu national park, one of six Ramsa Wetlands, designated by the UN last year for its ecological significance.

The ECT alleged over 500 acres of protected forest area in the ‘Wilpattu North Sanctuary’ had been destroyed and cleared for human settlements and still no authority has taken steps to halt this project.

The issue was first raised by the Bodu Bala Sena, a religious group that claimed Muslim settlements have destroyed the ancient Buddhist ruins within the Wilpattu National Park.

Some 630 hectares spread out to Moderaganaru Oya in the Northern border of the Wilpattu National Park constitute the ‘Wilpattu North Sanctuary'. It is one of the oldest forest sanctuaries to be designated as far as 1938 February 25. It was declared a wildlife sanctuary much earlier, in 1905.

It was the first sanctuary to be declared after the Fauna and Flora Protection Ordinance was put in place,” said Sajeewa Chamikara of the ECT. The area is a key catchment area for the Moderaganaru Oya helping in a major way to regulate the under water springs that produce water that can be consumed. It is also a heaven for wild elephants and leopard.

The Trust claimed that Minister Rishad Bathiudeen had disregarded conservation laws to facilitate settlements there and over 3000 hectares of protected land within numerous forest reserves had been cleared to make way for Muslim settlements in the North and the East provinces breaching the country's laws under the Forest Conservation Act.

The Green movement claimed that these settlements have been set up breaching two important environment acts. According to the amended Flora and Fauna protection ordinance it is strictly against the law to release a land in a sanctuary for human settlements. Under Section 7, it is a punishable offence to clear forest, build roads, construct temporary or permanent dwellings, occupation of of such dwellings and destroy home of wild animals, in such a sanctuary.

It is an offence leading to a two to five- year jail term and or a fine.

For any kind of development activity, especially for such large scale settlement projects, within one mile of a sanctuary, special approval subject to an Environment Impact Assessment report has to be obtained. “Such a legal protection has been given to minimize the human impact on fauna and flora within the protected area,” Chamikara said.

The Trust warns if action against these settlements were not taken soon, the largest national park in Sri Lanka and the most famous one internationally at that, will be a thing of the past and further it will be the beginning of a new human - elephant conflict. The settlement is spread out on an area close to an elephant corridor, bordering the sanctuary.

Environmental activists also highlight that the water resource is scarce in the area and allowing major settlements within this important catchment area, resulting clearing of large forest patches would lead to acute water shortage in the future.

As a result people settled in these areas will inevitably become victims of a water crisis.

They have also pointed out that when people are settled under rough conditions, resource constraints will drive them to destroy the protected forests for farming purposes and aggravate the existing issue.

The trust found fault with the Central Environment Authority and Wildlife Conservation Department for dragging their feet over the issue. However the Wildlife Conservation Department has initiated legal action against the squatters.

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The Court case

A case was filed in the Mannar district court by the Wildlife Conservation Department against the encroachers under the Fauna and Flora Protection Ordinance.

When the case was taken up on April 24, Mannar Magistrate Anandi Kanagaratnam released four accused squatters on Rs.25,000 personal bail each. Ten persons were noticed to appear before court but only four were present and 14 including six who failed to appear on 24th were noticed to appear before courts on the next hearing day on May 22.

The accused bailed out were A.G.Nassim, M.Thoufeek, H.Zahid and A.G.Jaleel. The charges against them were encroachment of 3 acres of the Wilpattu North sanctuary, illegal felling of trees, building roads and disposal of garbage.

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Fifty -acre land reserved - Mannar District Secretary

“We have allocated 50 acres of land in Marachchikattu to relocate these Muslim families who have encroached the Wilpattu National Park and the Wilpattu North Sanctuary. They came to this area in March. The families claimed they lived in these lands in the past. We need to do a survey to ascertain their claims and verify some of the documents that they have produced to prove their right to the land.

There may have been settlements before the forest plot was declared a sanctuary in 1905 or before it was made a national wildlife park in 1938.

However, after the designation no one had been allowed to live within the sanctuary or build houses there.

The new plot of land to which these people will be relocated is situated about half a mile away.

The claims that these people were relocated after the Navy set up camps during the conflict is not true.

The places the families have encroached and the areas the Navy occupied are in two different locations.Muslim families were never relocated from this area to facilitate the Navy but as I recall one Tamil village was relocated.

I must also mention that although we announced that these Muslim families will be removed from Wilpattu sanctuary to a different area on Wednesday, as of today(April25) no person or any group has approached to verify the news with me. Positive news does not create much of an impact it seems,” Mannar District Secretary M.Y.S.Deshapriya said.

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Minister Rishad Bathiudeen refutes allegations

“The Wildlife Department officials informed that the area where people were settled recently was a wild life buffer zone. I asked the Mannar District Secretary and the Wild Life Department to allocate land for these people for relocation.

These peoples are ready to go. The Divisional Secretary is making arrangements to resettle these people in land in Marachchikattu. Once it is given the people will go there. The allocation of land will start on Sunday (Today).

According to the DS, there are 73 families living in this Wilpattu area. They will be relocated in Marachchikattu, in a place closer to where they live now. When the people are relocated then there will not be a contentious issue for anyone to fight over. I think from now on, everyone will work for peaceful coexistence.

I refute the allegation that forest land belonging in the forest reserve had been cleared to make way for Muslim settlements, it was a blatant lie. It was alleged some hectares of land was cleared. The people were in the Buffer zone not within the sanctuary.

I am not aware of a case filed by the Wildlife Department against some of the squatters in the Wilpattu North Sanctuary. I am yet to know the details of this case. I think everyone should work within the legal framework of the country. No one should be above the law.

If one group portray themselves as de facto police or de factor courts and act as if they are law unto themselves.. it will sow discord among the Sinhalese and Muslims. The war on terrorism with the LTTE was won by the Government and the valiant soldiers made great sacrifices on the way. We don't want to drag the country backwards.

We should not fall prey to extreme forces. Muslims and Sinhalese have lived in harmony and we must continue to live that way.”

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