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' Port city ' stands tall despite civil society protests

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20 March 2018 12:04 am - 1     - {{hitsCtrl.values.hits}}

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  • The Budget Appropriation Bill of 2018 in which he claimed that Rs. 1200 million alone is allocated to minimize coastal erosion caused due to the Port City project
  • The poison percentage in the air would increase by about 40% due to the drastic increase of the air pollutant The sand supplied at the international bulk rate is supply at $200 per ton which represents a value of  $2.8 billion
  • Another problem is the increase of land area from the 1st EIA report from 236 hectares to 269 hectares

 

 

The People’s Movement against the Port City (PMAPC) has since 2011 been protesting against the construction of the Port City and continue to thoroughly denounce the Government’s decisions and actions in relation to the same. A press conference and seminar were held at the Methodist Hall by the ‘Creation Care Desk’ of the Methodist Church on February 28 in collaboration with the People’s Movement to oppose the Port City. These efforts were initiated with the intention of spreading awareness among the general public regarding the detriment caused by this project to the environmental, its impact on society and the economy, with their protests being strengthened by facts and figures.


The warning made by Dr. G.G. Karunaratne as reported in the Sri Lanka Mirror on February 3rd that in the future the buildings of Colombo city would face the threat of sinking and that the city as a whole would be affected by flooding due to the rise in sea level was affirmed by the panel.   


Recent responses 


Sajeewa Chamikara, Environment and Legal Consultant of the Movement for Land and Agriculture Reform, stated that the response made by the present Government including the President, just recently, regarding the possible harms that could be created by the Port City project is a joke because the PMAPC have since the beginning of the project being trying to make the Governments in power aware of the tragedy that it is going to befall the country. He further stated that by responding to the threat of Colombo sinking, the President may be intending to avoid the more general and vast negative impacts that the port city is posing. Sajeewa pointed out to the Budget Appropriation Bill of 2018 in which he claimed that Rs. 1200 million alone is allocated to minimize coastal erosion caused due to the Port City project. Instead of gaining economic benefits, the country is already assigning money that could be well spent on welfare of the people in order to deal with harmful repercussions of building the Port City.   


Faizer Manzoor , a member of the PMAPC, criticized the open statement made by the Government that they are moving from a rural agricultural based economy to a service based economy in order to justify ventures like the Port City. 


He claimed that by doing so the Government is ignoring the majority of Sri Lanka’s population, who are engaged in farming and fishing, and is attempting to destroy the very fabric of this country. The ‘Yahapalana’ Government made a ‘big song and dance’ boasting that it has converted the agreement from an outright sale to a 99-year lease. But we must realize that this is still no more than neo-colonialism.   


Adverse environmental, social and other impacts


Prof. Ranil Senanayake, an expert in System Ecology, strongly criticized the Port City project as an unscrupulous act of the Government through which politicians gain monetary favours. Addressing the environmental and health impacts he stated that the poison percentage in the air would increase by about 40% due to the drastic increase of the air pollutant matter ‘PM2.5’ and as a result, children of the future would be prone to cancers and other diseases.   


The harmful environmental impacts were further discussed by Prof. Carmell Corea, a Marine Biologist and Sajeewa.   


Coastal erosion-The PMAPC states that the required sand to build the city is mainly taken from shallow seas – in particular from the Thambagala area (between Uswetakeiyava and Negambo). For now approximately 200 million cbm sand has been mined for this purpose. In this mining process the seawater is subjected to a massive turbulence which then causes fish to move to other areas. This directly affects the fishing industry and the livelihood of the population of that area as a majority is engaged in fishing for their day to day survival. It is claimed that a large area of the coast from Galle Face to Moratuwa is already eroded.   


The PMAPC views the proposal submitted to the Cabinet by the Minister of Megapolis and Western Development, Patali Champika Ranawaka for an additional 40 million cbm of sand from the Sri Lanka Land Reclamation and Development Corporation to complete the land fill for the Port City as a move that would cause great alarm.   


Land Slides - The PMAPC observes that the Environmental Impact Assessment Report (EIA Report) states that approximately 3.45 million cbm black granite is supposed to be deposited at the bottom of the sea to build the Port City. The explosives used to quarry black granite are not used responsibly and are causing landslides in the hilly areas.   


Destruction of coral reefs and disturbance to the equilibrium and bio-diversity of the sea are other negative environmental impacts highlighted in the conference which would eventually affect the fishing community, tourism industry, and the  nutrition level of people.   


EIA Report- The PMAPC also finds the EIA Report to be heavily flawed and not representative of the actual situation. There is nothing mentioned about any possible harm caused to the Galle Face beach nor any adverse effects to the seashore and coral reefs that might arise due to sand mining. The legitimacy of the EIA report was also questioned. Sajeewa also underscored the fact that the EIA report was intentionally opened to public debate in the month of December, when people are spending their holidays.   


Cost benefit analysis 


According to the PMAPC, The Supplementary Environmental Impact Assessment Report completely ignores the sand and quarry fill that the Government is providing free of charge. The sand supplied at the international bulk rate is supplied at $200 per ton which represents a value of $2.8 billion. 3.45 million cbm of quarry material worth more than $ 1.2 billion is to be supplied free by the Government. For their input, the project company is to receive 50% of the saleable land which is forecasted at $6 billion. The PMAPC claims that CHEC is receiving 4 times what they have invested and we are only receiving 1/15th of what we factor in.   


Practicality of ending the project is the responsibility of the Government


Sajeewa stated that the agreement with the China Harbour Engineering Company (CHEC) allows the project to be stopped during situations of severe harm. “As a civil society movement we can only protest and notify the Government about the ill effects of the Port City project. The Government comprises the decision makers and they must bear the responsibility to stop this and make it practical. We suggest that without letting this project further threaten the future of our country, it should be stopped at least at this point. The authorities which are legally capable of putting an end to this include the Central Environmental Authority, the Geological Survey and Mines Bureau, and the Department of Coast Conservation and Coastal Resource Management Department.   


Petition will be open to objections on April 5


The CEJ has filed a petition against the Sri Lanka Port Authority (SLPA), Coast Conservation and Coastal Resource Management Department, Central Environmental Authority, Board of Investment of Sri Lanka, CHEC Port City Colombo (Pvt) Ltd, Secretary, Ministry of Ports and Shipping, Minister of Megapolis and Western Development, Chairman of the Urban Development Authority and finally the Attorney General. According to  Sugath Athapaththu of the Centre for environmental Justice (CEJ), the petition will be open to objections on April 5th. Counter objections are to be filed on May 4th. The writ primarily pleads that the the purported Agreement between the Secretary to the Ministry of Highways, Ports and Shipping and CHEC Port City Colombo (Pvt) Limited which was entered upon by the said secretary under the so-called powers vested on him under the SLPA Act is ultra vires the powers of the 1st Respondent SLPA.   


“We also filed a petition before against the the construction of the Port City, the drawbacks of the EIA Report being one of the main issues. There, the Court ordered the CEA to issue a new report taking into account all the factors. But what was subsequently issued was a supplementary report which is in violation of the Environment Act in Sri Lanka as it fails to give a complete assessment of all the possible issues concerned. Another problem is the increase of land area from the 1st EIA report from 236 hectares to 269 hectares.   


“Although the fundamental rights petition filed by the CEA was not allowed leave to proceed and the petition was withdrawn, since the Port City affects the fishing community in a major way and also the traders in Colombo, a fundamental rights petition could still be filed by them. The tragedy is when the judiciary also acts under Government pressure and possible economic benefits being their priority concern.   


“I believe that this project is part of the One Route One Belt initiative proposed by the Chinese Government,” said Athapaththu.


 

No legal provision to cancel project 


 When inquired into whether the primary claim asserted in by the petitioners in the case filed in the Court of Appeal against the SLPA and others, Dr. Kamardeen, Senior Lecturer, Faculty of Law, University of Colombo,stated that as per the SLPA Act No. 15 of 1979, the SLPA is entitled to delegate in writing the powers, duties or functions of the Chairman (which are enumerated in s. 7(1)(a) of the same statute as to acquire, hold, take on lease to give on lease, hire, pledge and sell or otherwise dispose of any movable or Immovable property) to any employee of the Ports Authority with written approval of the Ports Authority. Hence if the activity delegated falls within the permissible activities and is done following the stipulated procedure, the act cannot be ultra vires.   


In response to the question directed regarding the legality of the SIEA Report, she stated that neither the National Environmental Act No. 47 of 1980 nor the amendment No. 53 of 2000 provide for a supplementary EIA report. They only refer to the the EIA and the Initial Environmental Impact Assessment.   


When questioned whether an agreement can be terminated in the event of severer environmental and social impact, she pointed out that there is no particular legal provision permitting the suspension or cancellationof a project that has gone through a successful EIA process, unless than to issue directives to any person engaged in the project regarding the measures to be taken in order to prevent or abate damage or detriment to environment as per Section 24B(1) of the Environmental Act. Compliance with such directive then becomes the duty of such person.   


There is also the fact that the specific contract between the parties may contain clauses that enable the Government to terminate the project on grounds of environmental harm. If that has also not been included, there is another possibility of terminating the project on the grounds of public purpose. This principle has come into investment law through international law and is a general principle of law. However, even if a project is terminated on such grounds, the public purpose element must be capable of being proved, otherwise the state will be liable to pay compensation if the company decides to turn to investor-state arbitration.   


In general, Dr. Kamardeen opined that based on past development projects, (not having assessed the environmental harm of the Port City project will be very severe) and in the absence of a strong legal regime for environmental protection, it would probably outweigh any economic benefit that is derived. Environmental damage is of 2 types - reversible or irreversible. Those that are reversible can be quantified monetarily. Developmental projects can be allowed where the harm is quantifiable, provided enough resources are allocated to rectify the environmental damage. Certain environmental harms are irreversible, and those cannot be quantified through any amount of money. If a project would result in an irreversible environmental harm, it should be abandoned.   

 


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  Comments - 1

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  • Jaffna Logic Tuesday, 20 March 2018 07:06 AM

    Who are they fooling. This is an Indian inspired covert operation being run by the Indian Intelligence to thwartthe Port City being completed.It has nothing to do withgenuine environmental concerns. A country where millions don’t have proper toilets is paying traitors and agents in Sri Lankato to cry and worry about potential damages to Sri Lankan environment.What a joke !


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