Turning the Tide: Repeal of Controversial Decree Secures Forest Protection in Sri Lanka

Cover Image Attribute: Menikdena Forest , one of Sri Lanka's Other State Forests (OSFs) / Date: 16 September 2024 / Source: Travel With ...

Cover Image Attribute: Menikdena Forest , one of Sri Lanka's Other State Forests (OSFs) / Date: 16 September 2024 / Source: Travel With Samantha's Facebook Page

Environmental advocates in Sri Lanka celebrate a significant legal victory that overturns a controversial 2020 decree that left the nation's unprotected forests at greater risk from agricultural expansion and development projects. This victory is not just for the EFL and its allies, but for all those who care about the environment. The support and engagement of the general public are crucial in the ongoing fight for forest conservation. Eric Wikramanayake, the Environmental Foundation Limited (EFL) chair, hailed the decision as a 'landmark victory' for forest conservation and long-term ecological protection. The EFL, alongside its former director Rukshan Jayawardene, had filed a lawsuit against the decree in the Supreme Court. In early September, just before the presidential election, the court ruled in their favor. The newly elected government formalized the repeal shortly after assuming office.
The decree, issued in 2020 by then-president Gotabaya Rajapaksa, reclassified 'other state forests' (OSFs), transferring their management from central government oversight to local authorities. This shift was part of a larger effort to stimulate agriculture by simplifying land use procedures. However, it drew widespread criticism for its potential to threaten these ecologically significant areas. The reclassification made it easier for these biodiverse and carbon-rich forests to be allocated for development, particularly agriculture. Previously, OSFs, also called residual forests, required environmental assessments and ministerial approval before any development could proceed. The controversy surrounding the decree was further highlighted by Rajapaksa's subsequent resignation amid protests over his economic policies.
The loss of Sri Lanka's OSFs could result in the disappearance of invaluable biodiversity, warns Kanishka Ukuwela, a researcher who has studied these ecosystems. He cites the Menikdena OSF in the Central Province as an example, highlighting its status as a herpetofauna hotspot with 63 species of reptiles and amphibians, over 30% of which are endemic, and 16 of which are nationally threatened. OSFs, covering 338,229 hectares (835,782 acres) or 5% of Sri Lanka's land area, are not part of the country's formal protected area network. A 2021 study co-authored by Eric Wikramanayake of the Environmental Foundation Limited (EFL) emphasized that these forests hold significant carbon stocks—potentially up to 89 million metric tons of carbon dioxide—and play a critical role in Sri Lanka's climate mitigation efforts.

Map Attribute: Forests classified as OSFs, located outside Sri Lanka's formal protected area network, cover 5% of the country's total land area. Source: Dinal Samarasinghe et al. (2021).
Located in biodiversity-rich regions, OSFs function as vital ecological corridors, connecting larger protected areas and supporting standalone forest patches and proposed reserves. Wikramanayake underscores the importance of maintaining ecological connectivity to preserve biodiversity, especially near existing conservation areas. As residual forests, OSFs are integral to Sri Lanka's pledge to increase forest cover to 32% by 2030 and to its commitment to the U.N.'s 30×30 initiative, which aims to protect 30% of global land and marine areas by 2030. Conferring formal protection of these forests could make them ideal candidates for achieving these conservation goals.
Protecting OSFs is also crucial for reducing human-wildlife conflicts, according to Andrew Kittle and Anjali Watson of the Wilderness and Wildlife Conservation Trust (WWCT). Leopards, for instance, depend on these forests as corridors between protected areas. Without these habitats, leopards are more likely to venture into human settlements, preying on livestock and increasing tensions with local communities. Moreover, OSFs contribute to the genetic diversity of wildlife populations by preventing isolation. In regions like the Central Highlands and the lowland wet zone, where formal protected areas are sparse, these forests are indispensable for sustaining biodiversity and ecological balance.
Prithviraj Fernando, chair of the Centre for Conservation and Research (CCRSL), emphasizes that OSFs are vital for the survival of Sri Lanka's wild elephants, 70% of which live outside protected areas, including within OSFs. The loss of these habitats would likely intensify the already critical human-elephant conflict, which results in the deaths of approximately 400 elephants and 150 people each year. Environmentalists stress that safeguarding these forests is crucial for conserving biodiversity and meeting Sri Lanka's global environmental commitments.
With reporting by Mongabay.

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