04/11/2025
PRESS RELEASE
CES & JAN Calls for Immediate Halt to Unlawful Elephant Drive in Hambantota
Colombo, 4 November 2025
The Centre for Eco-Cultural Studies (CES) and Justice for Animals & Nature (JAN) have, through their legal counsel, issued an urgent legal notice to the Department of Wildlife Conservation (DWC), the Ministry of Environment and other State authorities demanding the immediate suspension of the ongoing elephant drive in Hambantota, where wild herds are being forced toward the Mattala Managed Elephant Reserve (MER).
The two registered environmental organisations, acting under Section 60E of the Fauna and Flora Protection Ordinance (FFPO), warn that this operation is being carried out without any Environmental Impact Assessment (EIA), without a legally approved management plan, and without proper ecological preparation.
According to CES and JAN, the MER is already under severe ecological stress due to encroachment, water scarcity, and habitat degradation, and cannot sustain the introduction of another 100 elephants. “Driving additional herds into such conditions is both unlawful and ecologically disastrous,” said a CES spokesperson.
Violation of Laws and Welfare Obligations
The organisations highlight that the current operation breaches multiple national laws, including:
Fauna and Flora Protection Ordinance (FFPO): which prohibits disturbance, injury, or killing of elephants—a fully protected species—and requires approved management plans for activities affecting wildlife reserves.
National Environmental Act (NEA): which mandates prior environmental clearance for any project likely to cause significant impact.
The Constitution of Sri Lanka: Article 27(14) and Article 28(f) obligate the State and all citizens to protect and conserve nature.
The Public Trust Doctrine: established in Bulankulama v. Secretary, Ministry of Industrial Development [2000] 2 Sri L.R. 243, holding that the State is the trustee of the nation’s natural resources.
Furthermore, with the Veterinary Surgeons’ Association of the DWC declaring a “work-to-rule” from 5 November 2025, there is no assurance of veterinary supervision in the field—posing a grave risk of injury, starvation, or death to elephants and threatening public safety.
Legal Action Imminent
The organisations have demanded that the DWC immediately suspend all ongoing elephant drives in Hambantota or elsewhere until:
A full Environmental Impact Assessment is completed under the NEA;
A legally approved Management Plan is established under the FFPO;
Adequate veterinary coverage and welfare facilities are in place; and
A multi-stakeholder consultation is completed to assess and mitigate conflict risks.
Failure to comply, the notice states, will compel the organisations to file legal proceedings before the Court of Appeal under Article 140 of the Constitution, seeking a Writ of Mandamus, Writ of Prohibition, and an Interim Stay Order to halt all such drives forthwith.
