Spotlight on illegal mechanised gem mining in Botiyathenna

An analysis of the special audit report on the functioning of the National Gem and Jewellery Authority, conducted by the Auditor General’s Department on January 14, 2020, reveals that the authority has failed to effectively enforce specific laws against illegal gem mining

The destruction of the elephant corridor and forest entrance to Sinharaja in Manikkawatta, Botiyathenna, by constructing hotels, endeavours initiated by a group including Gayan Sanjeewa Guruge, the son of the late Jinadasa Guruge, the owner of the Kahawatta Guruge Gem Business, along with his sister and her husband, has now escalated into a controversial situation where mechanised mining is destroying the elephant corridor and the entry point to the forest. After setting harmful precedents through hotel expansion and forest clearance, which occurred with the support and guidance of officials from the Forest Conservation Department and the Central Environmental Authority, illegal mechanised gem mining has become a growing trend under the guidance of the National Gem and Jewellery Authority.

Illegal mechanised gem mining is taking place on land owned by Sarath Makawita, located on the border of Sannan Dola in Botiyathenna area in Dolekanda Grama Niladhari Division in Kalawana Divisional Secretariat Division, Ratnapura District. Makawita, a prominent businessman from Rakwana town, is conducting this mechanised mining in collaboration with a gem businessman from Ratnapura. This gem mining project is being carried out using four backhoes, thus destroying the initial underground streams of Sannan Dola and its border, which is considered the source of Rambuka Ganga (the English term for ganga is river). This river is a major tributary of Kukule Ganga, which in turn feeds Kalu Ganga. This mechanised mining is adding large amounts of silt to this waterway system, threatening the habitat of many rare and endemic aquatic organisms in Sri Lanka.

 Currently, a large portion of the forest system in Sinharaja has been fragmented due to hotel construction activities and mechanised mining, posing significant threats to the endemic species inhabiting the sub-montane forests in the area

Manikkawatta, Botiyathenna area, where this mining is taking place, serves as the primary elephant corridor for elephants residing in the Sinharaja Forest Reserve. These elephants migrate from Morning Side area to Dellawa-Walankanda forest area via Handapan Ella.  Additionally, Botiyathenna area is the forest entrance linking Handapan Ella and Panilkanda within the entire Sinharaja Forest Reserve. If this area is blocked, it would completely divide the Sinharaja Forest Reserve. Currently, a large portion of the forest system has been fragmented due to hotel construction activities and mechanised mining, posing significant threats to the endemic species inhabiting the sub-montane forests in the area.

The blocking of the main elephant corridor between these two forest systems is disrupting the movement of the two elephants living in the Sinharaja site. As a result, elephants are entering the villages of Rambuka, Thanawela, Ellagama, Handiyakede, Kajugaswatta, Pothupitiya, Kopikella and Cypraswatta, posing threats to the villagers’ lives and causing damage to their crops and property.

Damage caused by mechanised mining 

Without fully understanding the damage caused by granting approval for mechanised mining in such a sensitive ecosystem, and despite its illegality, the National Gem and Jewellery Authority has issued mining licences for this purpose. 

As per the Guidelines on the National Environmental (Prohibition of the use of equipment for exploration, mining and extraction of sand and gem) Regulations, No. 01 of 2006, issued under the Extraordinary Gazette No. 1454/4 dated July 17, 2006, and in accordance with the National Environmental Act No. 47 of 1980, as amended by Act No. 53 of 2000, the use of prohibited equipment such as backhoes, bulldozers, and extraction machines in rivers, on riverbanks, or within river reserves for gemstone mining is banned.

Police officers are not granted the authority to inspect sites where licences have been issued or to verify the legality of a licence

A river reserve is defined as the area on both sides of a river, extending 30 metres from the riverbanks for streams less than 25 metres wide and up to 60 metres from the riverbanks for streams wider than 25 metres. Accordingly, the National Gem and Jewellery Authority cannot issue licences for mechanised mining along the Sannan Dola border.

The Central Environmental Authority has the power to arrest individuals involved in illegal mechanised gem mining in rivers or their reserve areas. Offenders are subject to a fine not exceeding Rs. 15,000, imprisonment for a term not exceeding two years, or both, if convicted before a Magistrate’s Court under Section 31 of the Act. Despite this, the National Gem and Jewellery Authority has issued mining licence number 1018786 for mechanised mining in Botiyatenna, in violation of the National Environmental Act.

Illegal actions of a state authority 

The National Gem and Jewellery Authority Act No. 50 of 1993, in its primary interpretation, states that the Act is intended to regulate the gem industry. However, the actions of the National Gem and Jewellery Authority, established under Section 2(1) of this Act, demonstrate that instead of fulfilling its regulatory responsibilities, it is enabling businessmen to operate in ways that cause significant destruction to natural ecosystems and human life. An analysis of the special audit report on the functioning of the National Gem and Jewellery Authority, conducted by the Auditor General’s Department on January 14, 2020, revealed that the authority has failed to effectively enforce specific laws against illegal gem mining. Moreover, statements from businessmen in the industry indicate that officials of the authority are accepting bribes on a large scale.

Non-enforcement of laws on bribery

Section 15 (1) of the National Gem and Jewellery Authority Act designates the Gem and Jewellery Authority as the sole authority responsible for the issue of licences to carry on the gem industry; whether such an industry is carried on in any State or private land. Furthermore, Section 15 (2) of the Act stipulates that no person shall carry on a gem business except under the authority of a licence. Sections 15(4)(b)(ii) and (iii) specify that every such licence shall be subject to such terms and conditions as may be prescribed and is in force for a period of twelve months from the date of its issue. Under Sections 15(6) and (7), the Authority may revoke any licence issued on the failure of the licensee to comply with any of the terms and conditions. 

Additionally, Section 48(1) grants the Authority and its authorised personnel the right to enter and inspect any gem mining site, whether licenced or not. Section 48(2) provides that any person who obstructs or resists such an entry for inspection may, on conviction by a Magistrate, be liable to a fine not less than ten thousand rupees or to imprisonment for not less than six months, or both.

According to Section 49(1) of the National Gem and Jewellery Authority Act, the Authority has the power to seize and detain any article used in illegal gem mining. Additionally, Section 50 stipulates that article seized shall stand forfeited to the State. Under Section 51(2), any person who commits an offence shall, on conviction after trial before a Magistrate, be liable to a fine not exceeding one million rupees, or to imprisonment for a period not exceeding five years or to both such fine and imprisonment.

The National Gem and Jewellery Authority, despite being granted extensive powers by the Act to regulate and oversee lawful gem mining activities in the country, is reportedly engaged in smuggling operations in collaboration with powerful politicians and influential businessmen. Allegedly, smugglers are protected through the acceptance of bribes. As a result, the people and the ecosystems surrounding these mining areas face immense hardship. 

Section 48(2) of the National Gem and Jewellery Authority Act makes provisions so that in the event an authorised person is obstructed or if entry is resisted during an inspection, the person obstructing his duty may, on conviction by a Magistrate, be liable to a fine or imprisonment, or both

Stifling of Police powers

Section 47 of the National Gem and Jewellery Authority Act permits the Authority to delegate its powers to other public officers for the implementation of the Act. Accordingly, by letter No. IGP/Fax/IN/1634/2014 dated 16.10.2013, these powers were delegated to police officers and officers in charge of Police Special Task Force camps. Additionally, Police Circular No. 2542/2015 dated 11.05.2015 informed all police officers of their authority to raid locations where illegal gem mining is conducted without a licence and to arrest those involved in such activities.

To assist police officers in identifying locations of illegal gem mining, the Regional Manager of the Gem and Jewellery Authority is required to provide a monthly list of valid licences to the relevant police station. However, police officers are not granted the authority to inspect sites where licences have been issued or to verify the legality of a licence. This limitation has allowed gem traders, in collaboration with officers of the National Gem and Jewellery Authority, to engage in illegal gem mining by simply displaying licence numbers.

Clean Sri Lanka Programme 

The “Clean Sri Lanka” programme is being implemented nationwide, yet the ongoing prevalence of gem smuggling reveals it to be little more than a propaganda effort. The current government, like its predecessors, appears to ignore such activities, enabling officials and businessmen to exploit and devastate the nation’s natural resources, the rights to life of all living beings and the supremacy of the law. This underscores that promises of building a prosperous nation and improving lives are confined to policy documents crafted solely for election campaigns, with no genuine commitment to the people. To protect the Sinharaja forest system and ensure the survival of current and future generations, it is crucial to immediately eliminate illegal mechanised mining and unregulated hotel construction activities, while also designating the entire Botiyathenna area as a reserved forest entrance for protection.