The Centre for Environmental Justice (CEJ) filed a Fundamental Rights application before the Supreme Court of Sri Lanka against the Minister of Environment and other respondents, alleging that the government’s failure to protect and properly manage the Hambantota Managed Elephant Reserve had resulted in severe habitat destruction and escalating human-elephant conflict. The petition arises from the extensive loss of elephant habitats in the Hambantota region due to rapid development, deforestation and agricultural expansion, which have displaced elephant populations and increased conflict with local communities.

The Hambantota Managed Elephant Reserve was declared in April 2021 following sustained protests by the Walawa Left Bank Farmers’ Association. The region had lost nearly 20,000 acres of elephant habitat to infrastructure projects such as the Hambantota Port, Mattala Airport, International Conference Hall, and Suriyawewa Cricket Stadium. Between 2001 and 2023, tree cover in Hambantota declined by approximately 4.8% across 5,720 hectares. However, urbanisation and the influx of new settlements reduced available grazing lands, causing elephants to move into farmlands and settlements. 

Despite the gazette declaration on 9 April 2021 under Section 2(2) of the Fauna and Flora Protection Ordinance, the total area designated for the sanctuary was reduced to 23,746.55 hectares, significantly smaller than the 30,480 hectares identified in the 2010 Strategic Environmental Assessment. Much of the land came under multiple authorities, including the Mahaweli Authority, Forest Conservation Department, and local Divisional Secretariats. Following the declaration, activities such as illegal clearing, granite mining, sugarcane and mango cultivation, and infrastructure development continued unabated. The extension of the Southern Expressway destroyed an 8 km by 150 m elephant corridor, while other areas, including 600 acres in Tissapura and 400 acres in Walasapugala, were cleared for solar energy projects. Plans to establish elephant corridors linking Bundala, Udawalawe, and Lunugamwehera National Parks were similarly obstructed.

The Hambantota and Suriyawewa divisions now record some of the highest rates of human-elephant conflict in the country, with over 400 elephants dependent on the grasslands, forests, and catchments of Suriyawewa. Habitat loss, resettlement, and agricultural expansion have driven elephants into human settlements, leading to crop destruction and loss of life. Unauthorized electric fencing erected by private landowners has restricted elephant movements and resulted in fatalities. Farmers responded by launching a continuous protest in December 2021, demanding that the government implement the Managed Elephant Reserve protections in full.

The petitioners argue that the 1st respondent’s declaration under Section 2(2) of the Fauna and Flora Protection Ordinance was procedurally defective, as it lacked parliamentary approval under Section 2(2A), rendering its legality uncertain. They also contend that the reserve remains without a management plan, authority structure, or enforcement mechanism, enabling ongoing encroachment and environmental violations. The 2nd respondent failed to fulfil duties under Section 20(1)(a) of the same Ordinance, which prohibits harming protected animals. Under Part IVC of the National Environmental Act, any forest conversion exceeding one hectare requires prior approval, yet large-scale projects have proceeded in breach of this requirement. The 3rd respondent also failed to discharge duties under Section 24B(1) of the NEA by permitting unauthorized electric fences within farms, resulting in elephant deaths.

The petition further alleges that the 15th respondent violated obligations under the Ceylon Electricity Board Act by neglecting to ensure compliance with environmental standards. The petitioners argue that the collective failures of the respondents amount to arbitrary, irrational, and unlawful conduct that violates the Fundamental Rights of citizens guaranteed under Articles 12(1), 14(1)(g) and 14(1)(h) of the Constitution. They also highlight Sri Lanka’s international obligations under key environmental conventions, including the Stockholm Declaration (1972), the World Heritage Convention (1972), the Rio Declaration (1992), and the Johannesburg Summit (2002), which impose a duty to protect biodiversity and prevent environmental degradation.

The petitioners seek several remedies, including a declaration that their Fundamental Rights have been violated by the respondents’ failure to protect the Hambantota elephant habitats and to implement the Managed Elephant Reserve. They request the Court to direct the respondents to expand the reserve to its originally proposed extent, enforce existing environmental and wildlife laws, remove illegal fences and encroachments, establish a dedicated management committee for the sanctuary, and ensure sustainable development compatible with wildlife conservation. They further seek orders compelling state authorities to coordinate with local communities to reduce human-elephant conflict and to hold violators accountable for environmental harm.

The case represents a landmark challenge concerning the balance between development and conservation in Sri Lanka. It highlights the continuing tension between economic expansion and ecological sustainability, emphasising the State’s constitutional and moral duty to safeguard biodiversity and ensure coexistence between humans and wildlife. The petition ultimately seeks to reaffirm that environmental protection is an inseparable part of the Fundamental Rights framework and that governmental negligence in this regard constitutes a continuing violation of constitutional and international obligations.