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SC ORDERS PREPARATION OF GUIDELINES
By Susitha R. Fernando
Daily Mirror
Feb 28 2008
Sri Lanka
The Supreme Court yesterday ordered the director of the Wildlife
Conservation Department and the Minister of Environment and National
Resources to prepare guidelines and regulations with regard to the
exchange of animals with other countries.
The Court also issued an order preventing the transfer of the
nine-year-old female elephant "Asokamala" to the Yerevan Zoo in Armenia
prior to the final determination of a fundamental rights application
filed by animal rights activist Vijitha Fernando of the Society for
the Protection of Animal Rights.
The bench, comprising Justices Dr. Shiranee Tilakawardane,
N. E. Dissanayake and Andrew Somawansa, made this order sequel to
an application filed against the Wildlife Conservation Department
Director, the Environment and National Resources Minister Champika
Ranawaka, Ministry Secretary M. A. R. D. Jayatilake, Sports and
Recreation Minister Gamini Lokuge, Ministry Secretary Chandra
Jayasinghe, Director General of Customs S. A. C. S. Jayatilake,
National Zoological Gardens Director, Herath Dissanayake, Pinnawela
Elephant Orphanage Assistant Director Ms. Anoma Priyadharshani and
the Attorney General, challenging the export of an animal called
'Asokamala' to Armenia.
In his petition, Mr. Fernando stated that the Yerevan Zoo has a cold
climate and it would necessitate that the elephant be kept indoors
under artificial heating for at least four months of the year, and
such temperature would not be conducive to the survival of a tropical
animal like "Asokamala".
He complained that the said zoo was notoriously under-funded and did
not have the facilities to give "Asokamala" a comfortable home.
Mr. Fernando has stated that elephant has traditionally been a revered
animal in Sri Lanka and is considered a national treasure and heritage
of the people of Sri Lanka. The species of Sri Lankan elephant is
endangered and it is an endemic species.
He contended that any elephant, whether wild or tame, cannot be
exported from Sri Lanka without a special permit being issued by the
Wildlife Conservation Department Director, and that the gifting of
such animals was not permitted under the Fauna and Flora Protection
Ordinance.
The petitioner stated that Yerevan Zoo had one male elephant,
purportedly gifted by Sri Lanka although there were no records of
such gifts having been made in the past; and that having failed in
its attempts to obtain an elephant from India, the Yerevan Zoo had
now transferred its attention and attempts to Sri Lanka.
The petitioner asked Court to declare that the decision to transfer,
export or gift "Asokamala" to Yerevan Zoo or any other destination
outside the jurisdiction of Sri Lanka was unlawful and null and void.
The Supreme Court ordered that the guidelines with regard to the
exchanging of animals be filed on June 12.
By Susitha R. Fernando
Daily Mirror
Feb 28 2008
Sri Lanka
The Supreme Court yesterday ordered the director of the Wildlife
Conservation Department and the Minister of Environment and National
Resources to prepare guidelines and regulations with regard to the
exchange of animals with other countries.
The Court also issued an order preventing the transfer of the
nine-year-old female elephant "Asokamala" to the Yerevan Zoo in Armenia
prior to the final determination of a fundamental rights application
filed by animal rights activist Vijitha Fernando of the Society for
the Protection of Animal Rights.
The bench, comprising Justices Dr. Shiranee Tilakawardane,
N. E. Dissanayake and Andrew Somawansa, made this order sequel to
an application filed against the Wildlife Conservation Department
Director, the Environment and National Resources Minister Champika
Ranawaka, Ministry Secretary M. A. R. D. Jayatilake, Sports and
Recreation Minister Gamini Lokuge, Ministry Secretary Chandra
Jayasinghe, Director General of Customs S. A. C. S. Jayatilake,
National Zoological Gardens Director, Herath Dissanayake, Pinnawela
Elephant Orphanage Assistant Director Ms. Anoma Priyadharshani and
the Attorney General, challenging the export of an animal called
'Asokamala' to Armenia.
In his petition, Mr. Fernando stated that the Yerevan Zoo has a cold
climate and it would necessitate that the elephant be kept indoors
under artificial heating for at least four months of the year, and
such temperature would not be conducive to the survival of a tropical
animal like "Asokamala".
He complained that the said zoo was notoriously under-funded and did
not have the facilities to give "Asokamala" a comfortable home.
Mr. Fernando has stated that elephant has traditionally been a revered
animal in Sri Lanka and is considered a national treasure and heritage
of the people of Sri Lanka. The species of Sri Lankan elephant is
endangered and it is an endemic species.
He contended that any elephant, whether wild or tame, cannot be
exported from Sri Lanka without a special permit being issued by the
Wildlife Conservation Department Director, and that the gifting of
such animals was not permitted under the Fauna and Flora Protection
Ordinance.
The petitioner stated that Yerevan Zoo had one male elephant,
purportedly gifted by Sri Lanka although there were no records of
such gifts having been made in the past; and that having failed in
its attempts to obtain an elephant from India, the Yerevan Zoo had
now transferred its attention and attempts to Sri Lanka.
The petitioner asked Court to declare that the decision to transfer,
export or gift "Asokamala" to Yerevan Zoo or any other destination
outside the jurisdiction of Sri Lanka was unlawful and null and void.
The Supreme Court ordered that the guidelines with regard to the
exchanging of animals be filed on June 12.