advocate
ELAW Advocate: Spring/Summer 2002

Challenges in Sri Lanka and Nepal

Court victories for E-LAW advocates in Asia working to clean up garbage and dust.

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.