Challenges in Sri Lanka and Nepal

Sri Lanka: Wildlife Sanctuary Doubled as Dump

More than 20 truckloads of garbage, including hospital waste and waste from hotels, industries and households was being dumped daily in the Bellanwila-Athidiya Sanctuary, reports Sri Lanka`s Sunday Observer (1/6/02).

Congratulations to E-LAW partners at the Environmental Foundation Ltd. in Sri Lanka for stopping this abuse of what may be Sri Lanka`s only remaining urban wildlife sanctuary.

For years, the Dehivala-Mount Lavinia Municipal Council, near the capital of Colombo, dumped its garbage in the Bellanwila-Athidiya Sanctuary. The Sanctuary contains approximately 1,000 acres of marshland and is habitat for over 150 species of birds.

In 1999, EFL filed suit to stop the municipality from using the Sanctuary as a dumping ground. Recently, the magistrate hearing the case ordered the municipality to stop any further dumping and remove the garbage it had already dumped. The municipality has appealed the order, but is taking steps to comply.

The municipality has removed 50 metric tons of garbage to a sanitary landfill where it is now dumping Dehivala-Mount Lavinia`s garbage.

With support from the E-LAW network, EFL is working to improve solid waste disposal practices and implement strong, integrated standards for solid waste management in Sri Lanka.

Nepal: Neighbors Stop Choking Dust

E-LAW partners at the Forum for Protection of Public Interest (Pro Public) in Nepal have made progress protecting the health of high school students and others in a densely-populated residential area near a stone crushing plant.

Lalitpur Stone Crushing Ltd. spewed thick clouds of dust from its stone crushing and processing machinery. Representing a high school located across the street from the plant and its 500 students, Pro Public filed a petition in the Supreme Court of Nepal demanding that the company relocate to a more suitable site.

Pro Public asked E-LAW U.S. for information about the health effects of dust exposure and standards and case law from India that prohibit the operation of stone crushing plants near residences and public buildings. Pro Public presented the information to the court.

In February, the Supreme Court of Nepal issued a preliminary injunction halting operation of the plant. At the same time, Pro Public obtained an administrative order, which the company has appealed, requiring the company to relocate its plant. The Supreme Court of Nepal will continue hearing arguments in the case in order to reach a final decision regarding the plant and the community.

Travel Notes: John Bonine in India

John Bonine has worked to protect the environment through law for 30 years, first at the U.S. Senate, then at the U.S. EPA, and now as a law professor at the University of Oregon where he founded the Environmental Law Clinic. He is an E-LAW co-founder and a member of the E-LAW U.S. Board of Directors.

M.C. Mehta at his cabin at the eco-ashram. (Photo: John Bonine)

In February, Svitlana Kravchenko (E-LAW Ukraine) and I visited M.C. Mehta — perhaps the world`s most famous public interest environmental lawyer. Like every visit with M.C., it was exhilarating.

M.C. is building an "eco-ashram" in the foothills of the Himalayas. Svitlana and I were eager to see his progress and see where the sacred Ganga emerges from the mountains. We met M.C. in Delhi and headed north by car for six hours.

M.C. has long believed in educating as well as litigating, from his early "Green Walks" through Indian villages to the new eco-ashram where ancient methods of meditation are combined with hard-headed discussions and mutual enlightenment about what is needed to turn India away from environmental destruction and degradation.

Evening had fallen by the time we reached Haridwar, a Hindu pilgrim town with temples, hermitages and dharmshalas along the banks of the Ganga. We had dinner, then pressed onward, turning onto smaller and smaller roads in the moonlight, until our car lurched to a halt at the eco-ashram.

The staff took us down a trail to a guest cabin. M.C. cautioned that a previous visitor had seen a leopard and that we should be cautious. We awoke the next morning to the sound of ringing bells and chanting. We joined a ceremony at the Shiva Temple and gave thanks. After breakfast, M.C. invited us to plant our own trees. M.C. has planted more than 6,000 trees in reclamation efforts on his land.

The first eco-ashram training had recently come to a close. Mid-level business executives participated in a two-week program. "There is a great hunger for environmental education," said M.C. "We will continue to use legal tools to enforce environmental law. But after we get people`s attention, we can educate them."

M.C. has promoted environmental education for many years. In 1991, he won a case in the Supreme Court ruling that all schools in India must offer environmental education.

In the afternoon, M.C. took us to the town of Rishikesh, where the Ganga River emerges from the Himalayas onto the plains. M.C. has collaborated with E-LAW U.S. for many years in his efforts to clean up the river. A long-running case demands cleanup plans from every industry and municipality along the river. The Supreme Court has issued numerous orders and progress is being made, although slowly.

Pollution aside, M.C. said "Mother Ganga will wash away your sins." At sunset, we took a dip. We were upstream from industrial pollution but still kept our heads above water.

Later, in the center of Haridwar, we joined a ceremony where temple priests blessed small leaf boats filled with marigolds and oil lamps and set them afloat. "I have been working to get people to refuse the use of plastic here," remarked M.C. As the sun disappeared, a mighty clanging filled the air, priests swung buckets filled with flames, and people chanted.

As we looked around, we could see the rich and the poor, the mighty and the weak, all united in their devotion to Mother Ganga. "We must make environmental consciousness a part of our religious beliefs," said M.C. "The Ganga is at the center of our religion. What could be worse than defiling Mother Ganga by throwing pollution into her currents?"

Inside E-LAW: New Faces, Fulbright Fellow, $50,000 Corporate Challenge Grant, E-LAW Tech Team

New Faces

E-LAW U.S. welcomes a new Development Director, Shauna Whidden. Shauna brings tremendous energy to protecting the environment through law. Shauna is a natural resource attorney and has worked in environmental protection for years. Prior to joining E-LAW U.S., Shauna was the Public Lands Policy Director for the Pacific Rivers Council. She received her law degree from the Northwestern School of Law in Portland, with a certificate in Environmental and Natural Resources Law.

Micah (right) gives Mutuso Dhliwayo of Zimbabwe his first cross-country ski lesson, in the Oregon Cascades. Mutuso spent two months at E-LAW U.S. this winter on a Working Exchange Fellowship. (Photo: Kim Miller)

Micah LeBank is serving as Program Assistant this summer. Micah has a B.S. in Environmental Studies from the University of Oregon and plans to attend law school this fall. He began as a volunteer in January and helps with fund- raising, corporate research, the Working Exchange Fellowship program, and more.

Also working at E-LAW U.S. this summer is Legal Intern Shelly Stokes. Shelly is pursuing concurrent JD and Masters degrees in environmental law at Vermont Law School. She was a Peace Corps volunteer in Kenya and traveled extensively in Africa. She recently completed an internship with the non-profit law firm Trustees for Alaska.

$50,000 Corporate Challenge Grant

A $50,000 corporate challenge grant from the AVINA Foundation is helping E-LAW U.S. expand its revenue base and build stronger relationships with business community leaders. AVINA has supported E-LAW`s work in Latin America since 1999. To meet the challenge, E-LAW U.S. must raise $50,000 by December 2003. AVINA will match these funds, dollar for dollar. E-LAW U.S. will launch the Corporate Challenge this summer.

Many thanks to Howard L. Ingber Construction in Eugene for making the first donation to the Corporate Challenge. Howard has been a tremendous supporter of E-LAW U.S. He has hosted visiting attorneys, built our office addition, and improved desk and storage areas. Howard is a good friend and we appreciate his support.

Look for news about the Corporate Challenge in the E-LAW Advocate and here on our web site. For more information, contact: Shauna Whidden, shauna@elaw.org, tel. (541) 687-8454.

Congratulations

Staff Attorney Jennifer Gleason was awarded the Kerry Rydberg Award for Achievement in Public Interest Environmental Law. The award was announced in March at the 2002 Public Interest Environmental Law Conference at the University of Oregon.

"The award is richly deserved," says E-LAW co-founder John Bonine. "Jen is truly one of the bulwarks of the world`s grassroots environmental law movement."

Jennifer has worked at E-LAW U.S. since 1993 and developed extensive knowledge of public participation laws around the world. She has traveled to work with partners in Mexico, Belize, Costa Rica, Honduras, Cameroon, Senegal, Kenya, Uganda, Tanzania, Malawi, Zimbabwe, Zambia, Israel, Palestine, Russia, and Ukraine.

Fulbright Fellow

Staff Attorney Alex Hanafi at E-LAW`s Earth Day booth in downtown Eugene is interviewed by Eugene`s ABC affiliate, KEZI-TV. (Photo: Maggie Keenan)

Former intern (1998-1999) Aaron Grieser will spend next year in Berlin, Germany, on a Fulbright Fellowship to research environmental policy in East Germany. Aaron`s internship at E-LAW earned him college credit towards a political science degree and helped him make the connections that led to the Fulbright. Aaron used his German-language skills to help E-LAW U.S. strengthen its contacts in Germany, and assisted staff with program and administrative tasks.

Stepping Out

E-LAW U.S. is educating the local community about efforts around the world to protect the environment through law. In February, Staff Scientist Mark Chernaik and Executive Director Bern Johnson spoke about global climate change at a meeting of the Community Action Forum at the Downtown Athletic Club. In March, Bern led a discussion on global climate change at the City Club of Eugene following a presentation by Dr. Kent Bransford from Physicians for Social Responsibility. Also in March, Bern spoke about E-LAW at a meeting of the Lane County Medical Society and Mark spoke about global warming to members of the United Methodist Church. We thank Gayle Landt, Martin Jones and John Allcott for their help introducing E-LAW to local community groups.

E-LAW Tech Team

Left to right: Miguel Peirano, Lottie Cunningham Wren, Meche Lu (E-LAW U.S. Science Circuit Rider), Steve Huter, Marcela Flores (Argentina)

Miguel Peirano, E-LAW U.S. Latin America Technology Circuit Rider, and Steve Huter, E-LAW U.S. Technical Advisory Board member, are helping to bring Internet access to environmental advocates such as Lottie Cunningham Wren on Nicaragua`s Atlantic coast. This work is supported by the New England Biolabs Foundation, with generous donations of equipment and expertise from the Network Startup Resource Center (NSRC) and the University of Oregon. The E-LAW U.S. Technical Advisory Board is comprised of computer and networking experts from the nonprofit, educational and private sectors. The Board is an invaluable source of support and advice for E-LAW U.S. as it advances the network`s use of technology to link advocates around the world.

Workshop in Peten: Mesoamerican Forum for Life

Aresio Valiente Lopez and Candy Gonzalez

Over 400 people representing 98 organizations and communities from 21 countries met at Cooperativa Unión Maya Itzá, Petén, Guatemala (March 21-23, 2002) for the "Mesoamerican Forum for Life." E-LAW advocate Candy Gonzalez of the Belize Institute of Environmental Law and Policy was joined by E-LAW advocate Aresio Valiente Lopez, Director of Programa Pueblos Indigenas in Panama.

Participants discussed the negative impacts of proposed dams for the region and formulated action plans to resist dam projects in the Plan Puebla Panama (PPP), Plan Colombia, commercial trade agreements, and the Free Trade Area of the Americas.

Aresio is the Director of the Indigenous Program at CEALP (Centro de Asistencia Legal Popular, Panama). He recently published: "Rights of the Indigenous Communities of Panama, Normative and Jurisprudence." The text (287pp) compiles Panama`s laws related to indigenous matters and summarizes international instruments related to indigenous rights. This is the first legal handbook by an indigenous Panamanian, published in Panama.

Headlines: E-LAW in the News, Spring/Summer 2002

Tanzanian Attorneys Face Charges of Sedition

May 17, 2002 -- The Environment News Service reports that Tundu Lissu and Rugemeleza Nshala of the Lawyers` Environmental Action Team (LEAT) in Tanzania are facing charges of sedition for speaking out against alleged human rights abuses. LEAT attorneys are representing a group of small scale miners in Bulyanhulu who were forcibly evicted from their mines in 1996 by the Tanzanian police. During the eviction, roughly 65 miners are alleged to have been buried alive. LEAT is East Africa`s leading environmental law organization. E-LAW U.S. has worked with LEAT since 1995. See: http://www.leat.or.tz/active/buly/.

Chile Threatened by Canadian Aluminum Project

April 17, 2002 -- El Mostrador (Chile) reports that well-known Chilean writer and filmmaker, Luis Sepúlveda, has joined hands with E-LAW advocate Fernando Dougnac to fight the Noranda Corporation`s plans to construct an aluminum reduction plant, three hydroelectric plants and a shipping port in the pristine Aysén region of southern Chile. Fernando is spokesman for Alianza Aysén Reserva de Vida and president of Fiscalia del Medio Ambiente. FIMA and E-LAW U.S. collaborated on the submission of an independent evaluation of the Environmental Impact Assessment (EIA) of the proposed "Alumysa" project. In January, 2002, Noranda requested eight months to respond to evaluations critical of the project.

Colonial Era Wigs

April 11, 2002 -- The New York Times reports that lawyers, judges and senior politicians in Kenya are speaking out against the colonial era tradition of wearing wigs in courtrooms and government buildings. The report quotes Patrick Lumumba, a Kenyan attorney who joined the E-LAW network in 1996: "I am a great opponent of wearing the wig... It makes us look, in my view, stupid." Neighboring Tanzania dispensed with wigs in the 1960s.

Nicola Pain Appointed Judge

March 18, 2002 -- The Environmental Defender`s Office (EDO) in New South Wales, Australia, has announced that E-LAW advocate Nicola Pain has been appointed as a Judge of the Land and Environment Court of New South Wales. E- LAW U.S. has worked with Nicola and other advocates at EDO for many years. Nicola was the Principal Solicitor at EDO from 1987 until 1992, and served as EDO Board Member from 1994 to 2001. She recently returned to EDO as Acting Director from May 2001 to January 2002.

Bangladesh High Court Rules for Clean Air

March 28, 2002 -- The Daily Star (Bangladesh) reports that the Supreme Court of Bangladesh has ordered the government to phase out miniaturized taxis that use two-stroke diesel engines. These vehicles, which clog the streets of urban areas in industrializing countries, are notorious for their high levels of pollution. This decision of the Supreme Court of Bangladesh follows the lead of the Supreme Court of India, which ordered replacement of these vehicles by those run with clean natural gas. This recent order is part of a larger case about air pollution filed by advocates with the Bangladesh Environmental Lawyers Association (BELA) in 1995. The E-LAW network has provided BELA with legal and technical support since the case`s inception.

Oral Cancer and Tobacco in Uganda

March 25, 2002 -- The East African reports that according to a recent medical study more than 75 percent of oral cancer patients in Uganda have a history of tobacco smoking. Phillip Karugaba, spokesman for The Environmental Action Network (TEAN) in Kampala, is quoted: "This confirms the link between cigarette smoking and cancer in Uganda. A tobacco industry executive in the region once said we would not live long enough to suffer the negative health effects of smoking due to our low life expectancy and high infant mortality. This research shows the incidence of cancer of the mouth with as little as two years of smoking." E-LAW U.S. has worked with Phillip and TEAN to protect Ugandans from the dangers of tobacco since 2000.

India`s former Environment Minister charged with damaging environment

March 15, 2002 -- The Times of India reports that the Supreme Court has fined a corporation owned by former Environment Minister Kamal Nath one million Rupees ($20,000) for damaging the Beas River near Kulu-Manali in Himachal Pradesh. The case was filed by M.C. Mehta who alleged that serious ecological imbalance was created when the developers tried to change the course of the river. E-LAW U.S. has collaborated with M.C. Mehta since 1992.

Victory for Clean Air in South Africa

After years of intensive efforts to educate communities and government representatives in South Africa about the dangers of sulfur and lead in petrol, the South African Cabinet announced a decision in May 2002 to phase out lead and reduce the sulfur content of diesel to 500 ppm by 2006. This is a 10-fold reduction in South Africa`s current limit on sulfur.

Most developed countries have already banned leaded gasoline and South Africa will join a growing list of developing countries to do so. Lead emissions can irreversibly impair cognitive development in children. Sulfur in diesel fuel contributes to harmful particulate matter emissions.

This is a tremendous victory, particularly for residents breathing the air in South Africa`s urban areas.

The Environmental Justice Networking Forum (EJNF) took the lead in efforts to reduce the toxic emissions. E-LAW advocate Angela Andrews of the Legal Resources Centre was a key participant as the legal representative of EJNF.

Eugene Cairncross speaks at the Harare workshop with Angela Andrews. (Photo: Jennifer Gleason)

Angela worked with E-LAW U.S. Staff Scientist Mark Chernaik and Eugene Cairncross of Peninsula Technikon in South Africa to obtain the scientific information she needed to convince policy makers that reducing the content of lead and sulfur in fuel would not only improve the health of people living in urban areas, but would save money spent on illnesses, car repairs and other costs related to pollution.

Angela Andrews is helping other lawyers in Africa learn from the experience of advocates in South Africa. In June, Angela and Eugene attended a workshop in Harare co-hosted by the Zimbabwe Environmental Law Association and E-LAW U.S. The U.S. Bureau of Education and Cultural Affairs sponsored the workshop. In Harare, Angela and Eugene helped lawyers from nine other African countries understand the crisis caused by high levels of lead and sulfur in petrol.

During the workshop, The Financial Gazette (Zimbabwe) reported that air pollution levels in Harare exceed World Health Organization standards and threaten Harare`s two million residents.

Armed with information provided by Angela and others, lawyers from Kenya, Tanzania, Uganda, Zambia, Zimbabwe, Swaziland, Mozambique, Namibia and Malawi went home from the Harare workshop prepared to start investigating levels of lead and sulfur emitted in their urban areas. E-LAW U.S. is assisting these lawyers by compiling and disseminating information about fuel quality in South Africa and legal strategies around the world to improve urban air quality.